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Home My WebLink About022019 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA FEBRUARY 20, 2019 — 6:00 PM Next in Order: Resolution: 19-01 CALL TO ORDER: Flag Salute: Gary Watts Roll Call: Guerriero, Telesio, Turley-Trejo, Watts and Youmans PUBLIC COMMENTS A total of 15 minutes is provided for members of the public to address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form may be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form may be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR 1 Minutes: RECOMMENDATION 1.1 Approve the Action Minutes of December 19, 2018 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File COMMISSION BUSINESS 3 Elect 2019 Chairperson and Vice Chairperson 4 Formation of a Planning Commission Town Center Subcommittee RECOMMENDATION: 4.1 Appoint two members of the Planning Commission to serve on the Old Town Subcommittee 5 General Plan Consistency Review for an Amendment to the Fiscal Year 2019-23 Capital Improvement Program (LR19-0261) RECOMMENDATION: 5.1 Staff recommends that the Planning Commission review the proposed amendment to the Fiscal Year 2019-23 Capital Improvement Program and make a determination that the proposed amendment is in conformance with the adopted City of Temecula General Plan. PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Community Development Department application and must be accompanied by the appropriate filing fee. 6 Planning Application Numbers PA18-0081, a Development Plan to allow a three-story affordable multi -family project totaling sixty units with fifteen units available for special needs occupants (twelve units for autism and three units for sensory); PA18-1230, a Minor Exception for parking to reduce the off-street parking requirement from 113 to 102 spaces; PA18-0497, a Tentative Parcel Map to create one lot from three; and PA18- 0692, a Certificate of Historical Appropriateness for the location of the former railroad turntable. A Mitigated Negative Declaration in accordance with CEQA requirements has been prepared for the project. The project is generally located approximately 130 feet north of the Main Street and Puiol Street intersection, on the east side of Puiol Street, Eric Jones RECOMMENDATION: 6.1 Adopt a resolution entitled: PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE VINE CREEK RESIDENTIAL PROJECT CONSISTING OF APPROXIMATELY 2.27 ACRES GENERALLY LOCATED ON THE EAST SIDE OF PUJOL STREET APPROXIMATELY 130 FEET NORTH OF THE MAIN STREET AND PUJOL STREET INTERSECTION ON THE EAST SIDE OF PUJOL STREET (APN NOS. 922-053-021, 922-053-047, 922-053-048) 6.2 Adopt a resolution entitled: PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0497, A TENTATIVE PARCEL MAP TO CREATE ONE LOT FROM THREE LOTS LOCATED APPROXIMATLY 130 FEET NORTH OF THE MAIN STREET AND PUJOL STREET INTERSECTION ON THE EAST SIDE OF PUJOL STREET (APN NOS. 922-053-021, 922-053-047, 922-053-048) 6.3 Adopt a resolution entitled: PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-1230, A MINOR EXCEPTION TO ALLOW FOR A REDUCTION IN THE REQUIRED PARKING FOR DEVELOPMENT PLAN APPLICATION PA18-0081 LOCATED APPROXIMATLY 130 FEET NORTH OF THE MAIN STREET AND PUJOL STREET INTERSECTION ON THE EAST SIDE OF PUJOL STREET (APN NOS. 922-053-021, 922-053-047, 922-053-048) 6.4 Adopt a resolution entitled: PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0692, A CERTIFICATE OF HISTORICAL APPROPRIATENESS FOR THE LOCATION OF THE FORMER RAILROAD TURNTABLE LOCATED APPROXIMATLY 130 FEET NORTH OF THE MAIN STREET AND PUJOL STREET INTERSECTION ON THE EAST SIDE OF PUJOL STREET (APN NOS. 922-053-021, 922-053- 047, 922-053-048) 6.5 Adopt a resolution entitled: PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0081, A DEVELOPMENT PLAN TO APPROVE A THREE-STORY AFFORDABLE MULTI -FAMILY PROJECT TOTALING SIXTY UNITS WITH FIFTEEN UNITS AVAILABLE FOR SPECIAL NEEDS OCCUPANTS (TWELVE FOR AUTISM AND THREE UNITS FOR SENSORY) LOCATED APPROXIMATELY 130 FEET NORTH OF THE MAIN STREET AND PUJOL STREET INTERSECTION ON THE EAST SIDE OF PUJOL STREET (APN NOS. 922-053-021, 922-053-047, 922-053-048) 7 Planning Application NoS. PA18-1477, a Modification to a development plan for Oscar's Brewery and Pat's Kitchen that includes exterior facade modifications including paint, material and design element changes, an enclosed outdoor recreation area, additional outdoor seating with fire pit, and landscape upgrades: and PA18-1478, a Conditional Use Permit to upgrade a liquor license from a Type 41 ABC License (On -Sale Beer and Wine) to a Type 75 ABC License (On Sale General — Brewpub) and for live indoor entertainment. The project is located at 29375 Rancho California Road, Scott Cooper RECOMMENDATION: 7.1 Adopt a resolution entitled: PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-1478, A CONDITIONAL USE PERMIT FOR AN EXISTING OSCAR'S BREWERY AND PAT'S KITCHEN RESTAURANT TO UPGRADE A LIQUOR LICENSE FROM A TYPE 41 ABC LICENSE (ON -SALE BEER AND WINE) TO A TYPE 75 ABC LICENSE (ON SALE GENERAL — BREWPUB) AND FOR LIVE INDOOR ENTERTAINMENT LOCATED AT 29375 RANCHO CALIFORNIA ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) 7.2 Adopt a resolution entitled: PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-1477, A MODIFICATION TO AN EXISTING OSCAR'S BREWERY AND PAT'S KITCHEN RESTAURANT THAT INCLUDES EXTERIOR FACADE MODIFICATIONS INCLUDING PAINT, MATERIAL AND DESIGN ELEMENT CHANGES, AN ENCLOSED OUTDOOR RECREATION AREA, ADDITIONAL OUTDOOR SEATING WITH FIRE PIT, AND LANDSCAPE UPGRADES LOCATED AT 29375 RANCHO CALIFORNIA ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) 8 Planning Application No. PA18-0131, a Development Plan for a 2.2 acre Park & Ride and Trailhead facility with fifty standard parking spaces and six spaces for horse trailers located in Planning Area 33B of the Roripaugh Ranch Specific Plan (APN 964-460-003)1 Scott Cooper RECOMMENDATION: 8.1 Adopt a resolution entitled: PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0131, A DEVELOPMENT PLAN FOR A 2.2 ACRE PARK & RIDE AND TRAILHEAD FACILITY WITH FIFTY STANDARD PARKING SPACES AND SIX SPACES FOR HORSE TRAILERS LOCATED IN PLANNING AREA 33B OF THE RORIPAUGH RANCH SPECIFIC PLAN (APN 964-460-003), AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, March 6, 2019, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. 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 Planning Commission meeting. At that time, the agenda packet may also be accessed on the City's website — TemeculaCA.goy — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the Commission 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 — TemeculaCA.gov — 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 Community Development Department at the Temecula Civic Center, (951) 694-6400. ITEM 1 CALL TO ORDER Flag Salute ROLL CALL: Present Absent: Also Present: PUBLIC COMMENTS ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DECEMBER 19, 2018 — 6:00 PM Next in Order: Resolution: 18-29 Lanae Turley-Trejo called the meeting to order at 6:00 PM Ron Guerriero led the audience in the Flag Salute Commissioners Guerriero, Telesio, and Turley-Trejo CHAIRPERSON YOUMANS, VICE CHAIRPERSON WATTS Watson, Fisk, Peters, Marroquin, Cooper, Moreno, and Jacobo There were no requests to speak. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR Minutes: RECOMMENDATION: 1.1 Approve the Action Minutes of the December 5, 2018 APPROVED 3-0-2, MOTION MADE BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO; AYE VOTES FROM COMMISSIONERS, GUERRIERO, TELESIO, AND TURLEY-TREJO; WATTS AND YOUMANS ABSENT PLANNING COMMISSION ACTION MINUTES — DECEMBER 19, 2018 Page 2 PUBLIC HEARING ITEMS 2 Planning Application Nos. PA17-1613 (Development Plan) and PA17-1614 (Conditional Use Permit) for the construction of an approximately 1,850 square foot drive-thru Starbucks located at 30690 Rancho California Road, Scott Cooper APPROVED 3-0-2, MOTION MADE BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO; AYE VOTES FROM COMMISSIONERS, GUERRIERO, TELESIO, AND TURLEY-TREJO; WATTS AND YOUMANS ABSENT RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 18-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-1614, A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF AN APPROXIMATELY 1,850 SQUARE FOOT DRIVE-THRU STARBUCKS LOCATED AT 30690 RANCHO CALIFORNIA ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) 2.2 Adopt a resolution entitled: PC RESOLUTION NO. 18-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-1613, A DEVELOPMENT PLAN FOR THE CONSTRUCTION OF AN APPROXIMATELY 1,850 SQUARE FOOT DRIVE-THRU STARBUCKS LOCATED AT 30690 RANCHO CALIFORNIA ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, January 2, 2019, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. Acting Chairperson Turley-Trejo adjourned the meeting at 6:20 P.M. Lanae Turley-Trejo, Acting Chairperson Planning Commission Luke Watson Director of Community Development ITEM 2 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development DATE: February 20, 2019 SUBJECT: Director's Hearing Summary Report Community Development Director's Agenda item(s) for January 2019. Date Case No. Proposal Applicant Action January 10, 2019 A Conditional Use Permit for an axe David Hamilton APPROVED throwing sports and recreation facility located within an existing commercial suite at 41493 Margarita Road, Suite G107 Attachments: Action Agendas ACTION AGENDA ACTION AGENDA TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING MEETING JANUARY 10, 2019 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 Next in Order: DH Resolution: 19-01 CALL TO ORDER: Luke Watson, 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 may 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 PM Project Number: PA18-1543 Project Type: Conditional Use Permit Project Title: SoCal Axe CUP Applicant: David Hamilton Project Description: A Conditional Use Permit for an axe throwing sports and recreation facility located within an existing commercial suite. Location: 41493 Margarita Road, Suite G107 Environmental Action: Section 15301, Class 1, Existing Facilities Project Planner: Scott Cooper, Associate Planner ACTION: APPROVED The meeting was adjourned at 1:35 p.m. 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 — TemeculaCA.gov — and will be available for public viewing at the respective meeting. Any petition for judicial review of a decision of the Community Development Director shall be filed within 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 Community Development 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. 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 maybe accessed on the City's website — TemeculaCA.gov — 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 Community Development Department at the Temecula Civic Center, (951) 694-6400. ITEM 3 ELECT CHAIR AND VICE CHAIR a) Select nominations and vote for Chairperson to serve until December 18, 2019 b) Select nominations and vote for Vice Chairperson to serve until December 18, 2019 c) Recognition of outgoing Chairperson Gary Youmans City of Temecula Planning Commission Meeting February 20, 2019 ITEM 4 FORMATION OF AN OLD TOWN SUBCOMMITTEE (1) APPOINT TWO MEMBERS OF THE PLANNING COMMISSION TO SERVE ON THE OLD TOWN SUBCOMMITTEE ITEM 5 STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: February 20, 2019 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Dale West, Associate Planner II PROJECT General Plan Consistency Review for an Amendment to the Fiscal SUMMARY: Year 2019-23 Capital Improvement Program (LR19-0261) RECOMMENDATION: Staff recommends that the Planning Commission review the proposed amendment to the Fiscal Year 2019-23 Capital Improvement Program and make a determination that the proposed amendment is in conformance with the adopted City of Temecula General Plan. CEQA: Exempt: Not a Project as defined by CEQA Guidelines Section 15378(b)(4) BACKGROUND SUMMARY On June 12, 2018, the City Council approved the Capital Improvement Program (CIP) Budget for Fiscal Year 2019-23. Sections 65403 and 65402 of State Planning and Zoning Law require that the Planning Commission review and provide comments to the City Council regarding the conformity of the proposed amendment to the Fiscal Year 2019-23 Capital Improvement Program with the adopted General Plan. The City of Temecula has organized a Regional Task Force called, "Move 1-15 Through Temecula Valley" to bring together stakeholders from planning groups and government agencies to devise a plan to initiate Interstate 15 (1-15) highway improvements to reduce congestion. The task force met several times over the last couple of years and have come up with recommendations to reduce the congestion in this 1-15 corridor. The recommendations include the construction of additional auxiliary lanes between the 1-15 on -ramps and off -ramps. Motorists who wish to exit the highway will move into these auxiliary lanes, which will help traffic in the 1-15 main lines, move at a more reasonable pace. The City of Temecula and the California Department of Transportation (Caltrans) will work cooperatively on these projects. The City of Temecula will take the lead on the initial project, 1-15 Congestion Relief. This project includes the design and construction of a single auxiliary lane, northbound Interstate 15 (1-15) connecting the Temecula Parkway on-ramp to the Rancho California Road off -ramp. The project provides an operational improvement to relieve congestion on northbound 1-15. It represents one of several operational improvements identified by the Move 1-15 Through Temecula Valley Regional Task Force to address congestion on 1-15. ANALYSIS Staff has reviewed the General Plan and did not identify any goals or policies that provided contrary policy direction, or that indicated an inconsistency between the proposed amendment to the Fiscal Year 2019-23 CIP and the adopted General Plan. The proposed amendment to add the I-15 Congestion Relief project sheet is consistent with the General Plan Circulation Element Goal 2 — A regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community, and Policy 2.1 — Actively pursue the construction of system improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta, Riverside County, the Pechanga Band, and local developers. Measures should be taken to preserve anticipated right-of-way needs and to identify funding mechanisms for needed interchange and regional arterials improvements. LEGAL NOTICING REQUIREMENTS No legal notice to the public is required for the Planning Commission's review and conformity finding of the proposed amendment to Fiscal Year 2019-23 CIP. ENVIRONMENTAL DETERMINATION The amendment to Fiscal Year 2019-23 Capital Improvement Program is exempt from California Environmental Quality Act (CEQA) review, in accordance with Title 14 California Code of Regulations. The amendment to FY 2019-23 Capital Improvement Program is not a "project" within the meaning of Section 15378(b)(4) of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. Section 15738(b)(4) of the CEQA Guidelines states that a project does not include the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. The Planning Commission's review and determination that the Fiscal Year 2019-23 Capital Improvement Program is consistent with the City of Temecula General Plan, does not result in the construction nor cause the construction of any specific CIP project, and will have no effect on the environment, and therefore, no environmental impact assessment is necessary. ATTACHMENTS 1. New Fiscal Year 2019-23 Capital Improvement Program Budget Sheet for the 1-15 Congestion Relief project. rv05k 4 1- 15 CONGESTION RELIEF Circulation Project Capital Improvement Program Fiscal Years 2019-23 Project Description: This project includes the design and construction of a single auxiliary lane, northbound Interstate 15 (1-15) connecting the Temecula Parkway on-ramp to the Rancho California Road off -ramp. Benefit / Core Value: This project provides an operational improvement to relieve congestion on northbound 1-15. It represents one of several operational improvements identified by the Move 1-15 Regional Task Force to address congestion on 1-15. This project also satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: Project development is set to commence on the later part of Fiscal Year 2018-19 Department: Public Works - Account No. 210.265. Level: I Future Operation & Midyear 2018• Maintenance Costs: 19 2019-20 2020-21 2021-22 2022-23 (1) SHOPP - State Highway Operation and Protection Program and Minor Program (2) Project cannot be constructed until a funding source is identified. Avlin R. Odvar 01/22/2019 Prior Years FYE 2018 Midyear 2018• 2022-23 2022.23 Source of Funds: Project Cost: Actual Carryover 19 2019-20 2020-21 2021-22 Projected and Total Project Projected Expenditures Budget Projected Projected Projected Projected Future Years Cost Administration $ 200,000 $ 50,000 $ 200,000 $ 100,000 $ 200,000 $ 550,000 Construction $ 1,250,000 $ 1,250,000 $ 1,250,000 $ 2,528,500 $ 3,778,500 Const Engineering $ 100,000 $ 3,050,000 $ 3,150,000 $ 321,500 $ $ 321,500 Design/Environmental $ 1,450,000 $ 100,000 $ 350,000 $ $ 5,000,000 $ 350,000 Totals $ - $ $ 400,000 1 $ 1,450,000 1 $ 100,0001 $ 3,050,000 1 $ $ 5,000,000 Future Operation & Midyear 2018• Maintenance Costs: 19 2019-20 2020-21 2021-22 2022-23 (1) SHOPP - State Highway Operation and Protection Program and Minor Program (2) Project cannot be constructed until a funding source is identified. Avlin R. Odvar 01/22/2019 Prior Years FYE 2018 Midyear 2018• 2022-23 Source of Funds: Actual Carryover 19 2019-20 2020.21 2021-22 Projected and Total Project Expenditures Budget Projected Projected Projected Projected Future Years Cost General Fund $ 400,000 $ 200,000 $ 600,000 SHOPP"' $ 1,250,000 $ 1,250,000 Unspecified(') $ 100,000 $ 3,050,000 $ 3,150,000 Total Funding: $ $ $ 400,000 $ 1,450,000 $ 100,000 $ 3,050,000 $ $ 5,000,000 Future Operation & Midyear 2018• Maintenance Costs: 19 2019-20 2020-21 2021-22 2022-23 (1) SHOPP - State Highway Operation and Protection Program and Minor Program (2) Project cannot be constructed until a funding source is identified. Avlin R. Odvar 01/22/2019 ITEM 6 STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: February 20, 2019 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application Numbers PA18-0081, a Development Plan to SUMMARY: allow a three-story affordable multi -family project totaling sixty units with fifteen units available for special needs occupants (twelve units for autism and three units for sensory); PA18-1230, a Minor Exception for parking to reduce the off-street parking requirement from 113 to 102 spaces; PA18-0497, a Tentative Parcel Map to create one lot from three; and PA18-0692, a Certificate of Historical Appropriateness for the location of the former railroad turntable. A Mitigated Negative Declaration in accordance with CEQA requirements has been prepared for the project. The project is generally located approximately 130 feet north of the Main Street and Pujol Street intersection, on the east side of Pujol Street. RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Mitigated Negative Declaration w/ Monitoring Plan Sections 15070 through 15075 PROJECT DATA SUMMARY Name of Applicant: Darren Berberian on Behalf of Golden West Communities General Plan Specific Plan Implementation (SPI) Designation: Zoning Designation: Neighborhood Residential (NR) — Specific Plan 5 (Old Town) Existing Conditions/ Land Use: Site: Vacant Parcels/Specific Plan Implementation (SPI) North: Existing Multi -Family Residential/Specific Plan Implementation (SPI) South: Existing Multi -Family Residential/Specific Plan Implementation (SPI) East: Murrieta Creek/Specific Plan Implementation (SPI) West: Pujol Street, Existing Church, Vacant Lot, Residential/ Specific Plan Implementation (SPI) Existing/Proposed Min/Max Allowable or Required Lot Area: 2.27 Acres 0.087 Acres Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: 26.5% N/A Parking Required/Provided: 102 (Minor Exception 113 (Per Gov. Code 65915(p)(1)) Application) AFFORDABLE HOUSING Located in Affordable Housing Overlay Zone (AHOZ)? ❑ Yes ® No AHOZ Gain/Loss: N/A BACKGROUND SUMMARY On January 16, 2018, Darren Berberian submitted Planning Application PA18-0081, a Development Plan for sixty affordable housing units within the Old Town Specific Plan. Fifteen units will be available for special needs occupants (twelve units for autism and three units for sensory). On April 3, 2018, Darren Berberian submitted Planning Application PA18-0497, a Tentative Parcel Map to convert three existing lots into one lot. On May 10, 2018, Caleb Roope submitted Planning Application PA18-0692, a Certificate of Historical Appropriateness. The project site is identified by the Old Town Specific Plan as the approximate location of the former railroad turntable. On September 6, 2018, Darren Berberian submitted Planning Application PA18-1230, a Minor Exception to allow for a reduction in the required parking for the project. The project is collectively referred to as Vine Creek and is not located within an Affordable Housing Overlay Zone (AHOZ). The project was heard by the Old Town Local Review Board at the regularly schedule October 29, 2018 meeting. The Board recommended approval of the project with a 5-0 vote at the conclusion of the meeting. 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 Vine Creek is located along the east side of Pujol Street, north of Main Street, within the Neighborhood Residential (NR) district of the Old Town Specific Plan. Two 3 -story multi -family structures comprise the project. One structure is located adjacent to Pujol Street. The second structure is located at the rear of the project site adjacent to Murrieta Creek. The project is further bordered to the north and south by existing multi -family developments. Two vehicular entrances will service the project. Each will lead vehicles to the internal parking area located in the center of the project. The parking area is not visible from Pujol Street. The parking area will include covered and non -covered parking spaces with appropriate landscaping. Access to individual garage units will also be provided from the internal parking area. Pedestrians will access the site along Pujol Street via a sidewalk adjacent to the southern vehicular entrance. A midblock access point for pedestrians is also proposed. Both access points will lead pedestrians through the parking area and ultimately to the rear of the site. Units along Pujol Street will feature pedestrian access from the right-of-way for residents and their guests via the Stoop Frontage Type selected for the project. Gated access is provided for all other pedestrian entrance points for both structures. The project will be conditioned to provide pedestrian access to and from the Murrieta Creek Trail. The project proposes a variety of amenities for residents. These amenities include a community room with exercise equipment, open space with turf, tot lot, and swimming pool with pool house. The pool house will include two unisex restrooms as well as a shower facility. The Old Town Specific Plan (OTSP) establishes a build -to -line for all new buildings. Within the NR district, the building is required to be placed ten feet behind the property line. Stoops are allowed to encroach into this space. The proposed building will meet the build -to line requirement along the building frontage. In addition to build -to -line requirements, the OTSP establishes allowable building and frontage types appropriate for a vibrant public realm. The NR district allows the following building types: Row House, Courtyard Building, Bungalow Courtyard, Duplex, Triplex, Quadplex, and Detached House. The following frontage types are permitted in the NR: Porch, Arcade, Gallery, Two - Story Gallery, Forecourt and Stoop. The proposed project incorporates the Row House Building Type and Stoop Frontage Type along Pujol Street. The project meets all design requirements and standards, including building height, size, and massing. The application is consistent with the OTSP and has proposed an effective design to create a vibrant streetscape. The OTSP requires the project to include 137 parking spaces. All units within the project will be designated as affordable housing. Therefore the project is subject to Government Code § 65915(p)(1) (Density Bonuses and other Incentives). Per this code section, the maximum parking ratio the City can impose on a project depends on the type of housing that is proposed. Variables that impact parking can include the bedroom and unit make-up of the proposed development, the type of household for whom the housing will be reserved, and transit options and access available to the project. The City cannot require more than 113 parking spaces for the project based on these criteria. The project provides 102 parking spaces. Temecula Municipal Code Section 17.03.060 authorizes Minor Exceptions to the provisions of the Development Code for reducing parking requirements by less than 15% of the code requirements. The applicant has applied for a Minor Exception to reduce the parking requirement by 9.7%. Architecture The project will utilize the Andalusian architectural style. This is an allowable architectural style described in the Old Town Specific Plan. In addition, the Specific Plan identifies Andalusian as a style well suited for residential buildings. Buildings that incorporate this style often incorporate design characteristics consisting of a mixture of heights and rectangular door and window openings. Arched arcades and towers are rare for the style. Common design elements of the style include smooth stucco, wood columns, beams, and trellis, wrought iron railings, and "U" shaped roof tiles. These elements, as well as the before mentioned design characteristics, are represented on all elevations of the structures and work together to create visual interest for the project both on and off-site. Landscaping The project incorporates a variety of plant materials that includes trees, shrubs, perennials, and groundcover. Plantings include Wilson Fruitless Olive trees (24" box), Green Beauty Boxwood shrubs, Bush Lilly perennials, and Purple Muhly ground cover. Landscaping along Pujol Street will remain consistent with the Old Town Specific Plan. This includes the utilization of London Plane trees with corresponding street grates as well has landscaping between the stoops. The overall landscape plan has been designed to soften the hardscape and structural features of the project site. Minor Exception The project provides 102 parking spaces. A Minor Exception application has been applied for to allow for a 9.7% reduction in parking. The Minor Exception is justified because the project will allow the City to move closer to its Regional Housing Need Allocation (RHNA) housing total as determined by the State Department of Housing and Community Development and included as a requirement of the City's certified Hosing Element of the General Plan. The inclusion of affordable units will move the City closer to achieving State mandated affordable housing targets. Tentative Parcel Map The proposed Tentative Parcel Map will create one parcel from three, totaling 2.27 acres. The newly created parcel will meet all Old Town Specific Plan, Municipal Code, and General Plan requirements. The map will create two primary vehicular access points directly from Pujol Street. These access points will be enhanced with accent paving. Certificate of Historical Appropriateness The Old Town Specific Plan lists the project site as the approximate location of the original railroad turntable (Old Town Specific Plan Exhibit IV -2). Per the Old Town Specific Plan (Section 111.1.2), no person shall demolish or modify any designated historic building or structure except in strict compliance with the plans approved in conjunction with a Finding of Historic Appropriateness. The Old Town Local Review Board shall recommend Findings of Historical Appropriateness to the approving body. The applicant employed the geotechnical firm of Krazan & Associates, Inc. to attempt to identify the exact location of the turntable and recover any artifacts related to the structure. The work was completed while the firm prepared the Preliminary Geotechnical Report for the project. During drilling operations, several boring holes were drilled in the area presumed to be the turntable location. No evidence was encountered that could demonstrate the existence of the turntable. The project proposes to include an area identifying the site as the location of the railroad turntable. This area is located between the parking lot and pool facilities. It will feature decorative color concrete arranged in a circular pattern designed to resemble the turntable and railroad tracks. A plaque will also identify the historical significance of the site. The verbiage of the plaque has been created with the assistance of the Temecula Valley Historical Society. 4 LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on February 8, 2019 and mailed to the property owners within the required 600 -foot radius. ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and based on an initial study, it has been determined the project will not have a significant impact on the environment; therefore, a Mitigated Negative Declaration has been prepared for the project. A Draft Mitigated Negative Declaration (MND) was prepared under staff's direction by Environmental Science Associates (ESA) and was distributed to responsible agencies, interested groups, organizations, and individuals. The Draft MND was made available for public review and comment via the State Clearinghouse for a period of 30 days. The public review and comment period for the Draft MND established by the State Clearinghouse commenced on January 3, 2019 and expired on February 7, 2019. Notices were mailed to adjacent property owners, signs were placed on the property, and a notice was placed in the local paper. The City of Temecula received no comments during the review period. The MND identified no areas where impacts are considered Significant and Unavoidable. The analysis identified one area where no impacts were anticipated. This area is Agriculture and Forest Resources. The environmental analysis identified thirteen areas where impacts were considered to be less than significant. These areas are: Aesthetics, Air Quality, Biological Resources, Geology and Soils, Green House Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Population and Housing, Public Services, Recreation, Transportation/Traffic, and Utilities and Service Systems. Three areas were identified where potentially significant impacts could be avoided or mitigated. These three areas include: Cultural Resource, Tribal Resources, and Land use and Planning. The MND contains mitigation measures for these environmental impacts that can be mitigated to a less than significant impact in the form of a Mitigation Monitoring and Reporting Program. FINDINGS Development Plan (Section 17.05.101) The proposed uses are in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The site is located within the Old Town Specific Plan and the Project is in conformance with the General Plan, which identifies the project site as Specific Plan Implementation (SPI). The project is properly planned and zoned, and as conditioned, is physically suitable to meet the requirements of the Old Town Specific Plan. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, Old Town Specific Plan, and Fire and Building codes. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the Project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site. The Project will allow for more affordable housing to be constructed in the community which will protect the public health, safety, and general welfare of the community. With the exception of parking, 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 health, safety, and welfare. The applicant has applied for a Minor Exception to allow for a reduction in the Project's parking requirements. Tentative Parcel Map (16.09.140) The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, any applicable Specific Plan and the City of Temecula Municipal Code. As designed and conditioned, the proposed map is consistent with the Subdivision Ordinance, Temecula General Plan, the City of Temecula Municipal Code, and the Old Town Specific Plan. This is because it is consistent with size, setbacks, water quality and other applicable standards. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. The proposed map is not subject to the California Land Conservation Act of 1965 or Williamson Land Act. In addition, the project has not been used as an agricultural use in the recent past. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The proposed map subdivides 2.27 acres to allow for affordable residential uses. The project site is vacant land and is physically suitable to accommodate a 60 -unit housing development and related improvements that are proposed on site. The proposed Tentative Parcel Map design is consistent with the Temecula General Plan and the development standards for the Old Town Specific Plan. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project consists of a Tentative Parcel Map on vacant property for an affordable multi -family residential project. A Mitigated Negative Declaration (MND) has been prepared for the project. As conditioned and mitigated, the project is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and conditioned by the Fire, Public Works, Planning, and Building and Safety Departments. As a result, the project is consistent or has been conditioned to be consistent with Fire and Building Codes and the City's General Plan, Municipal Code, and Old Town Specific Plan, which contain provisions to protect the health, safety, and welfare of the public. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities to the extent feasible. All development must meet all appropriate Building and Fire Code requirements as they relate to passive or natural heating or cooling opportunities. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. All acquired rights-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. The subdivision is consistent with the City's parkland dedication requirements (Quimby Act). The project involves the construction of an affordable residential development. The project will meet all Quimby requirements through the provision of park improvements and payment of Quimby fees. Minor Exception (Section 17.03.060) That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property. The project is an affordable residential development located on a site that is both narrow and deep. In order to be competitive for State incentives the project must include as many units as possible. Per Government Code § 65915(p)(1) (Density Bonuses and other Incentives), the City can require 113 parking spaces for the project. Requiring this amount of spaces given the dimensions of the project site creates a practical difficulty with regard to maximizing the project unit count. Not being awarded State incentives will make the project infeasible for the applicant. The Minor Exception will allow for a further reduction in the required parking total for the project to 102 spaces. This allows the project to maximize the number of units and thus remain competitive for State incentives. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity. Existing surrounding properties are made-up of residential buildings. Other property owners have the ability to apply for a Minor Exception. The proposed Minor Exception should not create any detrimental conditions to surrounding properties. There is a transit stop located within approximately 130 feet of the Project, therefore, the City anticipates that some households will not have cars or will park fewer cars on site than they are allocated per unit. The minor exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. Surrounding properties will be protected by the attached Conditions of Approval that require any Modifications or alterations to be re-evaluated by the Community Development Department. The Minor Exception will allow for a reduction in the parking requirement for the Project and does not permit a use that is not otherwise allowed in the Old Town Specific Plan area. Certificate of Historical Appropriateness (Old Town Specific Plan Section 111.1.3.a) That the proposed project is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The General Plan identifies the project site as Specific Plan Implementation (SPI) because it is located within the Old Town Specific Plan. The project is properly planned and zoned, and as conditioned, is physically suitable to meet the requirements of the Old Town Specific Plan. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. The project is designed for the protection of the public health, safety, and general welfare. The project has been reviewed to ensure consistency with the City of Temecula Development Code, Fire Code, and Building Code. These codes have been designed to provide for the public health, safety, and general welfare. That the proposed project is in conformance with the requirements of the Old Town Specific Plan, including the goals, objectives and policies, and architectural guidelines and standards. The project will provide sixty additional affordable multi -family units in Old Town. This is in conformance with Land Use/Economics Objective 10 of the Old Town Specific Plan. This objective is designed to encourage a mix of densities, housing types, and the concentration of a residential population in Old Town to support the surrounding commercial uses and business. The project will also be in conformance with Land Use Element Goal 7 and Policy 7.1 of the General Plan for Temecula. This goal and policy encourage revitalization of Old Town through implementation of the Old Town Specific Plan. ATTACHMENTS 1. Vicinity Map 2. Plan Reductions 3. PC Resolution - Certification of the MND and Actions Related Thereto Exhibit A — Mitigation Monitoring and Reporting Program 4. PC Resolution — Tentative Parcel Map Exhibit A - Draft Conditions of Approval 5. PC Resolution - Minor Exception Exhibit A — Draft Conditions of Approval 6. PC Resolution — Certificate of Historical Appropriateness Exhibit A — Draft Conditions of Approval 7. PC Resolution — Development Plan Exhibit A — Draft Conditions of Approval 8. Draft Mitigated Negative Declaration (MND) with Appendices which can be downloaded at: TemeculaCA.gov/CEQA 9. Final Mitigated Negative Declaration(MND) which can be downloaded at: TemeculaCA.gov/CEQA 10. Notice of Public Hearing VICINITY MAP City of Temecula FPA18-0081 0 250 500 Feet This map was made by the City of Temecula Geographic Information System. 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SiN3VYiHVdV LO g€ m x senl�a ssm p N33HO 3NIn T- aan�a>.lyoay lsa/N ollpad .,•o-. 4iIW■ a d ..II JIB .Ili 3�5 Ilfl ��o QW IIS \ �liifll Illl s I- — s= r?- Olt ilk E B L` 11 3alnM1i�aiiH�a� ��.eeo % empeL4pN Isom ayped SA3W1HM A3380 3NIA Imrusm �T A y {din 4 R.ii INivJI ] I t� A 4 R.ii INivJI ] I t� A 6&gR$ 3 N O T W �1' I g! empop.py ISOM OLUINd S1N3VIJ1blVdV A3380 3NIA 6h yIs,i LLJ z OMMILPNISSMOPEd Ir PH 2 LU 14 OMMILPNISSMOPEd Ir PH LU Z of P 1Z w I Ilk Ln K Pij it 1.z a w 5, i I Ln OMMILPNISSMOPEd Ir SiN3V4idVdV A3380 3NIA PH LU Z SiN3V4idVdV A3380 3NIA k, PH w I Ilk Ln 1.z a w 5, i I Ln 21 Ji r k, I Ilk Ln a w Ln En lit w CA Ln r DRAFT PLANNING COMMISSION RESOLUTION CERTIFICATION OF THE MND AND ACTIONS RELATED THERETO PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE VINE CREEK RESIDENTIAL PROJECT CONSISTING OF APPROXIMATELY 2.27 ACRES GENERALLY LOCATED ON THE EAST SIDE OF PUJOL STREET APPROXIMATELY 130 FEET NORTH OF THE MAIN STREET AND PUJOL STREET INTERSECTION ON THE EAST SIDE OF PUJOL STREET (APN NOS. 922-053-021, 922-053-047, 922-053-048) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 16, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-0081, a Development Plan. On April 3, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-0497, a Tentative Parcel Map. On May 10, 2018, Caleb Roope, on behalf of Golden West Communities, filed Planning Application No. PA18-0692, a Certificate of Historical Appropriateness. On September 6, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-1230, a Minor Exception. These applications (collectively "the Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a Development Plan for a sixty unit affordable housing complex, a Tentative Parcel Map to create one lot from three existing lots, a Minor Exception to reduce the amount of required off-street parking, and a Certificate of Historical Appropriateness for the former railroad turntable. C. The Project was processed, including but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14 Cal. Code Regs 15000 et seq. (collectively referred to as "CEQA"). D. Pursuant to CEQA, the City is the lead agency for the Project. E. The City contracted with Environmental Science Associates (ESA) for the independent preparation of an Initial Study to analyze the potential environmental effects of the Project. Based on the information contained in the Initial Study, ESA concluded that the Project could have a significant effect on the environment, but that mitigation measures could be implemented to reduce such impacts to a less than significant level. Based upon this determination, ESA prepared a Draft Mitigated Negative Declaration ("Draft MND") in accordance with CEQA Section 21080(c) and Section 15070 of the State CEQA Guidelines. F. The City circulated a Notice of Intent with the Draft MND and Appendices to the public and other interested parties, for a 30 -day comment period between January 3, 2019 through February 7, 2019. A Notice of Intent was also sent to adjacent property owners indicating a review period of January 3, 2019 through February 7, 2019. The City published a Notice of Intent for the Draft MND in the San Diego Union tribune, a newspaper of general circulation within the City. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590 and the City of Temecula website. G. During the comment period, the City received no written comments on the Draft MND from various agencies, individuals, and organization. H. The "Final Mitigated Negative Declaration" ("Final MND") consists of the Draft MND and all of its appendices and the Mitigation Monitoring and Reporting Program. The Final MND was made available to the public and to all commenting agencies on February 8, 2019, which is at least 10 days prior to certification of the Final MND, in compliance with Public Resources Code Section 21092.5(a). I. On February 20, 2019, the Planning Commission, held a duly noticed public hearing to consider the Final MND and the Project, at which time the Planning Commission heard and considered information presented by City staff on the Project and its environmental review. In addition, interested persons had an opportunity to and did testify regarding this matter. J. Public Resources Code Section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached hereto as Exhibit A, and is incorporated herein by reference. Section 2. Findings. After due consideration of the Final MND and the Project and in its independent judgment, the Planning Commission hereby finds and resolves that: A. All of the above recitals are true and correct, and are hereby incorporated into this section as though set forth in full. B. Agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Final MND and on the Project. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. C. The Planning Commission has independently considered the administrative record before it, which is hereby incorporated by reference and which includes the Final MND, the written and oral comments on the Draft MND, staff reports and presentations, and all oral and written testimony. D. The Planning Commission has reviewed the Final MND and all comments received regarding the Final MND prior to and at the February 20, 2019 public hearing, and based on the whole record before it finds that: (1) the Final MND was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Final MND reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby adopts the Final MND and the Mitigation Monitoring and Reporting Program attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of February, 2019. Chairman ATTEST: LUKe Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 19- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of January, 2019, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Luke Watson Secretary EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM ' N Y m CD E U � C m Q E O U y o c 0 Y V W d N Y .e rnu c c O N M ¢ '5 E c o -U _d O) � � C C O c C7 a c rn w a)2a IL 0 z � aci a d d c LU u a) Of � C a az w c7 z w M 0 of U) 0M s z 0 H a 0 CH C 2 0� N O � N Z m U LU m w fA V1 mC>CD > co CD �C cmOC m 0 )t mO m O OO O j O O U N._CI7 a) a) — U 0 N N U oa)=m oa)ma m� om m oaiw Cl.> Em Em -0 Em`r U H o aQ¢ m m E v¢ m m m m > > > > w U U U U > E> E :t:TE >,E UH UH C) F- UH c c c c o_ 0 0 0 U U C U C 2 O O_ U) fA fA U w C C C ` C ` 0 0 0 0 U U U w U in E o o a a n. 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PA18-0497, A TENTATIVE PARCEL MAP TO CREATE ONE LOT FROM THREE LOTS LOCATED APPROXIMATLY 130 FEET NORTH OF THE MAIN STREET AND PUJOL STREET INTERSECTION ON THE EAST SIDE OF PUJOL STREET (APN NOS. 922-053-021, 922-053-047, 922-053-048) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 16, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-0081, a Development Plan. On April 3, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-0497, a Tentative Parcel Map. On May 10, 2018, Caleb Roope, on behalf of Golden West Communities, filed Planning Application No. PA18-0692, a Certificate of Historical Appropriateness. On September 6, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-1230, a Minor Exception. These applications (collectively "the Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on January 3, 2019, and expired on February 7, 2019. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590. D. On February 20, 2019, the Planning Commission also considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, 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 of or opposition to this matter. E. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. 19- "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE VINE CREEK RESIDENTIAL PROJECT CONSISTING OF APPROXIMATELY 2.27 ACRES GENERALLY LOCATED ON THE EAST SIDE OF PUJOL STREET APPROXIMATELY 130 FEET NORTH OF THE MAIN STREET AND PUJOL STREET INTERSECTION ON THE EAST SIDE OF PUJOL STREET (APN NOS. 922-053-021, 922-053-047, 922-053-048)." F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Tentative Parcel Map, Section 16.09.140 A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, any applicable Specific Plan and the City of Temecula Municipal Code.; As designed and conditioned, the proposed map is consistent with the Subdivision Ordinance, Temecula General Plan, the City of Temecula Municipal Code, and Old Town Specific Plan. This is because it is consistent with size, setbacks, water quality and other applicable standards. B. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use.; The proposed map is not subject to the California Land Conservation Act of 1965 or Williamson Land Act. In addition, the project has not been used as an agricultural use in the recent past. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The proposed map subdivides 2.27 acres to allow for affordable residential uses. The project site is currently vacant land and is suitable to accommodate the 60 housing units and related improvements that are proposed on-site. The proposed Tentative Parcel Map design is consistent with the Temecula General Plan and the development standards for the Old Town Specific Plan. D. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project consists of a Tentative Parcel Map on vacant property for an affordable multi -family residential project. A Mitigated Negative Declaration (MND) has been prepared for the project. As conditioned and mitigated, the project is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and conditioned by the Fire, Public Works, Planning, and Building and Safety Departments. As a result, the project is consistent or has been conditioned to be consistent with Fire and Building Codes and the City's General Plan, Municipal Code, and Old Town Specific Plan, which contain provisions to protect the health, safety, and welfare of the public. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities to the extent feasible. All development must meet all appropriate Building and Fire Code requirements as they relate to passive or natural heating or cooling opportunities. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. All acquired rights-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby Act). The project involves the construction of an affordable residential development. The project will meet all Quimby requirements through the provision of park improvements and payment of Quimby fees. Section 3. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-0497, a Tentative Parcel Map to create one lot from three existing lots located approximately 130 north of the Main Street and Pujol Street intersection, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of February, 2019. Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 19- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of February, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Luke Watson Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA18-0497 Project Description: Vine Creek Apartments Tentative Parcel Map: A Tentative Parcel Map application for Vine Creek Apartments that will allow three lots to be turned into one. The project is located approximately 130 feet north of the Main Street and Pujol Street intersection on the east side of Pujol Street. Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In -lieu of Fee: Approval Date: Expiration Date: PLANNING DIVISION 922-053-021 922-053-048 922-053-047 Greater than 14.1 DU Residential Attached Exempt (Ordinance 06-04) — Low Income Housing Project Multi -Family Attached (5 or More Units) N/A (Not Located within the Uptown Temecula Specific Plan February 20, 2019 February 20, 2022 Within 48 Hours of the Approval Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Two Thousand Four Hundred and Four Dollars and Seventy -Five Cents ($2,404.75) which includes the Two Thousand Three Hundred Fifty -Four Dollars and Seventy -Five Cents ($2,354.75) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Wildlife Code Section 711.4(c)]. General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 3. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three year 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. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). 6. Consistency with Development Agreements. The project and all subsequent projects within this site shall be subject to the corresponding Development Agreement. 7. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within MND No. 2019011003 8. Conformance with_ Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 9. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. Prior to Recordation of the Final Map 10. Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning Division. 11. Quimby Requirements. The developer shall satisfy the City's parkland dedication (Quimby) requirement through the payment of in -lieu fees equivalent to 0.73 acres of parkland, based upon the City's then current land evaluation. Said requirement includes a 10.36% credit for private recreational opportunities provided. (applies prior to recordation of Final Map if a map is part of the project, or at Building Permit if a map is not a part of the project) 12. Density Bonus Agreement. Applicant shall enter into a Density Bonus Agreement with the City pertaining to Parking. 13. Disposition and Development Agreement. Execution of the Disposition and Development Agreement (DDA) with the City of Temecula as housing successor. The DDA shall include the City owned land that is contemplated to be included as part of the Final Map Contribution to the project (APN: 922-053-021 and 922-053-048) PUBLIC WORKS DEPARTMENT General Requirements 14. Subdivision Map. The developer shall submit a complete Parcel Map submittal for review and approval. Any omission to the representation of the site conditions may require the plans to be resubmitted for further review and revision. 15. Grading Permit. A grading permit for rough and/or precise grading shall be obtained from Public Works prior to commencement of any construction within private property. Grading shall be in accordance with the approved grading plan, grading permit conditions and City codes/standards. 16. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. from Public Works for public offsite improvements; and b. from Riverside County Flood Control & Water Conservation District (RCFC&WCD) if encroaching within their right-of-way. 17. PW -005: Improvement Plans. The developer shall submit improvement plans (to include public/private street plans, storm drain plans, signage and striping plans, etc.) as required for review and approval by Public Works. The designs shall be in compliance with Caltrans, Riverside County Flood Control and Water Conservation District and City codes/standards. 18. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. Prior to Recordation of the Final Map 19. Plans, Agreements & Securities. The developer shall have approved improvement plans, executed subdivision improvement agreements and posted securities. 20. Environmental Constraint Sheet (ECS). The developer shall prepare and record an ECS with the Final or Parcel Map to delineate identified environmental concerns. The developer shall comply with all constraints per the recorded ECS along with any underlying maps related to the property. 21. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. Riverside County Flood Control and Water Conservation District; b. Rancho California Water District; c. Eastern Municipal Water District; d. Cable TV Franchise; e. Telephone Company; f. Southern California Edison Company; g. The Gas Company; and other affected agencies 22. Right of Access. Relinquish and waive right of access to and from Pujol Street on the Parcel Map with the exception of two (2) openings as delineated on the approved Tentative Parcel Map. 23. RCFC&WCD Approval. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations, shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to issuance of any permit. 24. PW -009: Western Bypass Corridor. The developer shall record a written offer to participate in, and waive all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed Western Bypass Corridor in accordance with the General Plan. The form of the offer shall be approved by the City. 25. Public Street Improvements and Securities. The developer shall design and guarantee construction (i.e., posting of security and entering into agreements) of the following public improvements to the City's General Plan standards unless otherwise noted. Plans shall be approved by Public Works. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Pujol Street (Old Town Specific Plan Street Standard — 60' R/W) to include removal of existing curb and sidewalk, installation of rolled curb and gutter, sidewalk, streetlights, drainage facilities, signing, striping and utilities (including but not limited to water and sewer). 26. Parkway Landscaping. All parkway landscaping areas shall be privately maintained. 27. Undergrounding Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements. 28. Undergrounding Utility Systems. All utility systems including gas, electric, telephone, water, sewer and cable TV shall be provided underground (with the required easements); and shall be designed and constructed in accordance with City codes and utility provider's standards. Telephone, cable TV and/or security systems shall be pre -wired in the residence. The developer shall notify the City's cable TV franchisees of the Intent to Develop. Conduit shall be installed to cable TV standards at time of street improvements. 29. Property Taxes. Any delinquent property taxes shall be paid. 30. Parcel Geometry. The applicant shall submit an editable projected digital version of the parcel geometry in a AutoCAD drawing format (pursuant to Riverside County standards). Prior to final approval, the City's GIS Division shall conduct quality control on the data to verify accuracy and compatibility. Prior to Issuance of a Grading Permit 31. Reguired Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. Southern California Edison b. Riverside County Flood Control and Water Conservation District; or other affected agencies. 32. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all final WQMP water quality facilities and all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 33. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 34. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD). Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml 35. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 36. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 10 and 100 -year storm event for 24 hour storm duration peak flow) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. 37. Floodplain/Floodway Development. The developer shall comply with the provisions of Title 15, Chapter 15.12 of the Temecula Municipal Code, which requires a Conditional Letter of Map Revision (CLOMR) from FEMA. A FEMA -approved CLOMR shall be submitted to Public Works for review and approval. The developer shall pay all fees required by FEMA (and City) for processing of the FEMA reviews. 38. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 39. Geological Report. The developer shall complete any outstanding County geologist's requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 40. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 41. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. 42. American Disability Act. The developer shall ensure that all frontage areas to the proposed development within the public right of way are ADA compliant. Any sidewalk within the public right of way found to be non-compliant shall be the responsibility of the property owner to be removed and replaced with ADA compliant sidewalk per the Streets and Highway Code Section 5610. Prior to Issuance of Building Permit(s) 43. Final Map. Parcel Map Number 37510 shall be approved and recorded. 44. Street Lights. The developer shall submit a completed street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. 45. Floodplain/Floodway Development. The developer shall comply with the provisions of Title 15, Chapter 15.12 of the Temecula Municipal Code, which requires a Letter of Map Revision (LOMR) from FEMA. A FEMA -approved LOMR shall be submitted to Public Works. The developer shall pay all fees required by FEMA (and City) for processing of the FEMA reviews. 46. Precise Grading Plan. A precise grading plan shall be submitted to Public Works for review and approval. The plan shall be in substantial conformance with the approved rough grading plan; and shall show all lot drainage directed to the driveway by side yard drainage swales independent of any other lot. The building pad shall be certified by a registered civil engineer for location and elevation; and the soils engineer shall issue a final soils report addressing compaction and site conditions. Prior to Issuance of a Certificate of Occupancy 47. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 48. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 49. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 50, Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. DRAFT PLANNING COMMISSION RESOLUTION MINOR EXCEPTION PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-1230, A MINOR EXCEPTION TO ALLOW FOR A REDUCTION IN THE REQUIRED PARKING FOR DEVELOPMENT PLAN APPLICATION PA18-0081 LOCATED APPROXIMATLY 130 FEET NORTH OF THE MAIN STREET AND PUJOL STREET INTERSECTION ON THE EAST SIDE OF PUJOL STREET (APN NOS. 922-053- 021, 922-053-047, 922-053-048) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 16, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-0081, a Development Plan. On April 3, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-0497, a Tentative Parcel Map. On May 10, 2018, Caleb Roope, on behalf of Golden West Communities, filed Planning Application No. PA18-0692, a Certificate of Historical Appropriateness. On September 6, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-1230, a Minor Exception. These applications (collectively "the Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on January 3, 2019, and expired on February 7, 2019. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590. D. On February 20, 2019, the Planning Commission also considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, 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 of or opposition to this matter. E. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. 19 "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE VINE CREEK RESIDENTIAL PROJECT CONSISTING OF APPROXIMATELY 2.27 ACRES GENERALLY LOCATED ON THE EAST SIDE OF PUJOL STREET APPROXIMATELY 130 FEET NORTH OF THE MAIN STREET AND PUJOL STREET INTERSECTION ON THE EAST SIDE OF PUJOL STREET (APN NOS. 922-053-021, 922-053-047, 922-053-048). F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Minor Exception (Section 17.03.060) A. There are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property; The project is an affordable residential development located on a site that is both narrow and deep. In order to be competitive for State incentives the project must include as many units as possible. Per Government Code § 65915(p)(1) (Density Bonuses and other Incentives), the City can require 113 parking spaces for the project. Requiring this amount of spaces given the dimensions of the project site creates a practical difficulty with regard to maximizing the project unit count. Not being awarded State incentives will make the project infeasible for the applicant. The Minor Exception will allow for a further reduction in the required parking total for the project to 102 spaces. This allows the project to maximize the number of units and thus remain competitive for State incentives. B. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity; Existing surrounding properties are made-up of residential buildings. Other property owners have the ability to apply for a Minor Exception. The proposed Minor Exception should not create any detrimental conditions to surrounding properties. There is a transit stop located within 130 feet of the Project, therefore, the City anticipates that some households will not have cars or will park fewer cars on-site then they are allocated per unit. C. The minor exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. Surrounding properties will be protected by the attached Conditions of Approval that require any Modifications or alterations to be re-evaluated by the Community Development Department. The Minor Exception will allow for a reduction in the parking requirement for the Project and does not permit a use that is not otherwise allowed in the Old Town Specific Plan Area. Section 3. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-1230, a Minor Exception to allow for a reduction in the required parking for the project located approximately 130 feet north of the Main Street and Pujol Street intersection, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. PASED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of February, 2019. Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 19- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of February, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Luke Watson Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA18-1230 Project Description: Vine Creek Minor Exception: A Minor Exception to allow reduced parking for Development Plan application PA18-0081. The project is located approximately 130 feet north of the Main Street and Pujol Street intersection on the east side of Pujol Street. Assessor's Parcel No MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In -lieu of Fee: Approval Date: Expiration Date: PLANNING DIVISION 922-053-047 Greater than 14.1 DU Residential Attached Exempt (Ordinance No. 06-04) Low Income Housing Project Multi -Family Attached (5 or More Units) N/A (Not Located within the Uptown Temecula Specific Plan) February 20, 2019 February 20, 2022 Within 48 Hours of the Approval Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Two Thousand Four Hundred and Four Dollars and Seventy -Five Cents ($2,404.75) which includes the Two Thousand Three Hundred Fifty -Four Dollars and Seventy -Five Cents ($2,354.75) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Wildlife Code Section 711.4(c)]. General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 3. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three year 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. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 10 (Old Town). 6. Consistency with Development Agreements. The project and all subsequent projects within this site shall be subject to the corresponding Development Agreement. 7. Compliance with Mitigated Negative Declaration. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Mitigated Negative Declaration No. 2019011003. 8. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 9. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 10. Density Bonus Agreement. Applicant shall enter into a density bonus agreement with the City pertaining to parking. Prior to Recordation of the Final Map 11. Disposition and Development Agreement. Execution of the Disposition and Development Agreement (DDA) with the City of Temecula as housing successor. The DDA shall include the City owned land that is contemplated to be included as part of the Final Map Contribution to the project (APN: 922 053 021 and 922 053 048) DRAFT PLANNING COMMISSION RESOLUTION CERTIFICATE OF HISTORICAL APPROPRIATENESS PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0692, A CERTIFICATE OF HISTORICAL APPROPRIATENESS FOR THE LOCATION OF THE FORMER RAILROAD TURNTABLE LOCATED APPROXIMATLY 130 FEET NORTH OF THE MAIN STREET AND PUJOL STREET INTERSECTION ON THE EAST SIDE OF PUJOL STREET (APN NOS. 922-053-021, 922-053-047, 922-053-048) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 16, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-0081, a Development Plan. On April 3, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-0497, a Tentative Parcel Map. On May 10, 2018, Caleb Roope, on behalf of Golden West Communities, filed Planning Application No. PA18-0692, a Certificate of Historical Appropriateness. On September 6, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-1230, a Minor Exception. These applications (collectively "the Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. On October 29, 2018, the Old Town Local Review Board considered the Project and recommended approval of the Project. In so doing, the Old Town Local Review Board made the findings that (1) the proposed project is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City, (2) the project is designed for the protection of the public health, safety, and general welfare, and (3) the proposed project is in conformance with the requirements of the Old Town Specific Plan, including the goals, objectives and policies, and architectural guidelines and standards. C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on January 3, 2019, and expired on February 7, 2019. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590. E. On February 20, 2019, the Planning Commission also considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, 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 of or opposition to this matter. F. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE VINE CREEK RESIDENTIAL PROJECT CONSISTING OF APPROXIMATELY 2.27 ACRES GENERALLY LOCATED ON THE EAST SIDE OF PUJOL STREET APPROXIMATELY 130 FEET NORTH OF THE MAIN STREET AND PUJOL STREET INTERSECTION ON THE EAST SIDE OF PUJOL STREET (APN NOS. 922-053-021, 922-053-047, 922-053-048)." G. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Certificate of Historical Appropriateness (Old Town Specific Plan Section 111.1.3.a) A. The proposed project is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The site is located within the Old Town Specific Plan and the Project is in conformance with the General Plan, which identifies the project site as Specific Plan Implementation (SPI). The project is properly planned and zoned, and as conditioned, is physically suitable to meet the requirements of the Old Town Specific Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Old Town Specific Plan, the Citywide Design Guidelines, and Fire and Building codes. B. The proposed project is designed for the protection of the public health, safety, and general welfare. The project has been reviewed to ensure consistency with the City of Temecula Development Code, Fire Code, and Building Code. These codes have been designed to provide for the public health, safety, and general welfare. C. That the proposed project is in conformance with the requirements of the Old Town Specific Plan, including the goals, objectives and policies, and architectural guidelines and standards. The project will provide sixty additional affordable multi -family units in Old Town. This is in conformance with Land Use/Economics Objective 10 of the Old Town Specific Plan. This objective is designed to encourage a mix of densities, housing types, and the concentration of a residential population in Old Town to support the surrounding commercial uses and business. The project will also be in conformance with Land Use Element Goal 7 and Policy 7.1 of the General Plan for Temecula. This goal and policy encourage revitalization of Old Town through implementation of the Old Town Specific Plan. Section 3. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-0692, a Certificate of Historical Appropriateness for the location of the former railroad turntable located approximately 130 north of the Main Street and Pujol Street intersection on the east side of Pujol Street, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of February, 2019. Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 19- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of February, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Luke Watson Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA18-0692 Project Description: Vine Creek Apartments Certificate of Historical Appropriateness: A Certificate of Historical Appropriateness for the proposed Vine Creek affordable housing project. The certificate will cover the location of the former train turntable. The project is located approximately 130 feet north of the Main Street and Pujol Street intersection on the east side of Pujol Street. Assessor's Parcel No.: 922-053-021 922-053-047 922-053-048 MSHCP Category: Greater than 14.1 DU DIF Category: Residential Attached TUMF Category: Exempt (Ordinance 06-04) Low Income Project Quimby Category: Multi -Family Attached (5 or More Units) New Street In -lieu of Fee: N/A (Not Located within the Uptown Temecula Specific Plan) Approval Date: February 20, 2019 Expiration Date: February 20, 2022 PLANNING DIVISION General Requirements Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 2. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three year 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. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 4. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). 5. Consistency with Development Agreements. The project and all subsequent projects within this site shall be subject to the corresponding Development Agreement. 6. Compliance with Mitigated Negative Declaration. The project and all subsequent projects within this site shall comply with all mitigation measures identified within Mitigated Negative Declaration No. 2019011003. 7. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Density Bonus Agreement. Applicant shall enter into a density bonus agreement with the City pertaining to parking. Prior to Recordation of the Final Map 10. Disposition and Development Agreement. Execution of the Disposition and Development Agreement (DDA) with the City of Temecula as housing successor. The DDA shall include the City owned land that is contemplated to be included as part of the Final Map Contribution to the project (APN: 922-053-021 and 922-053-048) DRAFT PLANNING COMMISSION RESOLUTION DEVELOPMENT PLAN PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0081, A DEVELOPMENT PLAN TO APPROVE A THREE-STORY AFFORDABLE MULTI -FAMILY PROJECT TOTALING SIXTY UNITS WITH FIFTEEN UNITS AVAILABLE FOR SPECIAL NEEDS OCCUPANTS (TWELVE FOR AUTISM AND THREE UNITS FOR SENSORY) LOCATED APPROXIMATELY 130 FEET NORTH OF THE MAIN STREET AND PUJOL STREET INTERSECTION ON THE EAST SIDE OF PUJOL STREET (APN NOS. 922-053- 021, 922-053-047, 922-053-048) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 16, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-0081, a Development Plan. On April 3, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-0497, a Tentative Parcel Map. On May 10, 2018, Caleb Roope, on behalf of Golden West Communities, filed Planning Application No. PA18-0692, a Certificate of Historical Appropriateness. On September 6, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-1230, a Minor Exception. These applications (collectively "the Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on January 3, 2019, and expired on February 7, 2019. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590. D. On February 20, 2019, the Planning Commission also considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, 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 of or opposition to this matter. E. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. 19- "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE VINE CREEK RESIDENTIAL PROJECT CONSISTING OF APPROXIMATELY 2.27 ACRES GENERALLY LOCATED ON THE EAST SIDE OF PUJOL STREET APPROXIMATELY 130 FEET NORTH OF THE MAIN STREET AND PUJOL STREET INTERSECTION ON THE EAST SIDE OF PUJOL STREET (APN NOS. 922-053-021, 922-053-047, 922-053-048)." F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Development Plan, Section 17.05.101 A. The proposed uses are in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City.; The site is located within the Old Town Specific Plan and the Project is in conformance with the General Plan, which identifies the project site as Specific Plan Implementation (SP1). The project is properly planned and zoned, and as conditioned, is physically suitable to meet the requirements of the Old Town Specific Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, Old Town Specific Plan, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. Section 3. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-0081, a Development Plan to allow a three-story affordable multi -family project totaling sixty units with fifteen units available for special needs occupants (twelve for autism and three for sensory), located approximately 130 north of the Main Street and Pujol Street intersection on the east side of Pujol Street, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of February, 2019. Chairman ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 19- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of February, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Luke Watson Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA18-0081 Project Description: Vine Creek Apartments DP: A Development Plan to allow an all affordable multi -family project totaling 60 units. The project is generally located approximately 130 feet north of the Main Street and Pujol Street intersection on the east side of Pujol Street. Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In -lieu of Fee Approval Date: Expiration Date PLANNING DIVISION 922-053-047 922-053-021 922-053-048 Greater than 14.1 DU Residential Attached Exempt (Ordinance 06-04) Low Income Housing Project Multi -Family Attached (Five or More Units) N/A (Not Located within the Uptown Temecula Specific Plan) February 20, 2019 February 20, 2022 Within 48 Hours of the Approval Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Two Thousand Four Hundred and Four Dollars and Seventy -Five Cents ($2,404.75) which includes the Two Thousand Three Hundred Fifty -Four Dollars and Seventy -Five Cents ($2,354.75) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Wildlife Code Section 711.4(c)]. General Requirements 2. ADA Parkinv. All ADA parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 3. Indemnification of the Citv. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 4. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three year 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. 5. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 6. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). 7. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 8. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development 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. 9. Water Quality and Drainage. 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. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 10. Paint Inspection. The applicant shall paint a three -foot -by -three-foot section of the building for Planning Division inspection, prior to commencing painting of the building. 11. Photographic Prints. The applicant shall submit to the Planning Division 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. 12. Materials and Colors. 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 City 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. Main Walls: Smooth Stucco, Sherwin Williams Classic White #SW2829 Door/Window Trim: Sherwin Williams Rockwood Dark Brown #SW2808 Wrought Iron Railing: Powder Coated Sherwin Williams Roycraft Bronze Green #SW2846 Cloth Overhang: Canvas Solarium Outdoor #13094388 Attic Vents: Sherwin Williams Rockwood Terra Cotta #SW2803 Roof: Tile Boral American Roofing Palermo Blend Pavers: Stone, Acker Stone Products Terra Cotta Grind Finish Stone Siding: Halquist Stone Castlestone Lisbon Blanco Wall Mounted Light Fixtures: Lithonia / Clarity Brand Site Pole Light Fixture: Ned Models Post1362.701, 4102.116.500, S323 13. Modifications or Revisions. The developer shall obtain City approval for any modifications or revisions to the approval of this project. 14. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 15. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 16. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 17. Number of Affordable Housing Units. The owner shall, without economic or other contribution by the City, identify, construct, and thereafter maintain, not less than 59 units for and as affordable housing units. The developer shall ensure the continued affordability of all very low and low-income retail units units shall be maintained as affordable units by means of a Disposition and Development Agreement and covenant/deed restriction that burdens the title to the subject property for the benefit of the City, for the purpose of ensuring that the units are maintained as affordable for not less than 55 years. The form of agreement and covenant/deed restriction shall, for the City, be subject to the approval of the City Manager and City Attorney. 18. Mix of Affordable Housing Units. The agreement shall specify, in addition to all other terms deemed necessary by the City and owner to effectuate the intent of the parties, the quantity of three-bedroom units, two-bedroom units, and one -bedroom units that shall be maintained as affordable. The affordable units shall be allocated to the very IoW, low and moderate income categories as stipulated in the Disposition and Development Agreement. 19. Recordation of Affordable Agreement. No building permit shall be issued by the City for the project until the developer has executed a Disposition and Development Agreement (DDA) with the City of Temecula as housing successor, and the covenant/deed restrict identified in condition 18 above has been recorded with the County of Riverside Recorders Office. 20. Compliance with Mitigated„ Negative Declaration. The project and all subsequent projects within this site shall comply with all mitigation measures identified within Mitigated Negative Declaration No. 2019011003 per the Mitigation Monitoring and Reporting Program. 21. Landscape Pre -construction Meeting. Prior to issuance of any Building Permits, a pre -construction landscape meeting shall be held between the project manager, assigned Planner, and the City's landscape consultant. 22. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 23. Public Art Ordinance. The developer shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 24. Prope[!y Proper!Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. 25. Density Bonus Agreement. Applicant shall enter into a density bonus agreement with the City pertaining to parking. Prior to Issuance of Grading Permit 26. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 27. Placement of Double Detector Check Valves. 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 Director of Community Development. 28. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development 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." 29. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. The agreement shall be in place prior to issuance of a grading permit. To accomplish this, the applicant should contact the Pechanga Tribe no less than 30 days and no more than 60 days prior to issuance of a grading permit. This Agreement will address the treatment and disposition of cultural resources, the designation, responsibilities, and participation of professional Pechanga Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered onsite. The Pechanga monitor's authority to stop and redirect grading will be exercised in consultation with the project archaeologist in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. 30. Discove of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and the qualified archaeologist and the Pechanga monitor shall investigate the find, and make recommendations as to treatment." 31. Archaeological Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property." 32. Tribal _Monitoring TNotes. The following shall be included in the Notes Section of the Grading Plan: "A Pechanga Tribal monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the project archaeologist and their designated monitors, to evaluate the significance of any potential resources discovered on the property." 33. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "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." 34. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 35. MSHCP Pre -Construction Surve . 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 Division prior to scheduling the pre -grading meeting with Public Works. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. 36. Burrowing Owl Grading Note. 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 Division 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." If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. 37. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. 38. Archaeolocjist Retained. Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified/City of Temecula approved archaeological monitor to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation (See PL -4). The archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. The archaeologist shall provide a final monitoring report at the end of all earthmoving activities to the City of Temecula, the Pechanga Tribe and the Eastern Information Center at UC, Riverside. 39. Human Remains. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in these conditions. Prior to Issuance of Building Permit 40. Parking Area Landscaping. 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. 41. Transportation Uniform Mitigation Fee (TUMF). 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 Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 42. Downspouts. All downspouts shall be internalized. 43. Creek Access. The project shall obtain all necessary approvals to provide pedestrian access for residents to the Murrieta Creek Trail. 44, Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 45. Quimby Requirements. The developer shall satisfy the City's parkland dedication (Quimby) requirement through the payment of in -lieu fees equivalent to 0.73 acres of parkland, based upon the City's then current land evaluation. Said requirement includes a 10.36% credit for private recreational opportunities provided. (Applies prior to recordation of Final Map if a map is part of the project, or at Building Permit if a map is not a part of the project) 46. Photometric Plan. The applicant shall submit a photometric plan, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. All exterior LED light fixtures shall be 3,000 kelvin or below. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. 47. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. 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 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. 48. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "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 verify 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 Division to schedule inspections. 49. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 50. Water Usage Calculations. 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. 51. Landsca a Maintenance Pro ram. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail 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. 52. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "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 verify 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 Division to schedule inspections. 53. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 54. Hardscaping. The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. 55. Wali and Fence Plans. Wall and fence plans shall be consistent with the Conceptual Landscape Plans showing the height, location and the following materials for all walls and fences: Decorative block and wrought iron combination. 56. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 57. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas including but not limited to trellises, decorative furniture, fountains, hardscape, etc. to match the style of the building subject to the approval of the Director of Community Development. 58. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 59. Roof -Mounted Mechanical Equipment. Roof -mounted mechanical equipment shall not be permitted within the subdivision; however, solar equipment or any other energy saving devices shall be permitted with Director of Community Development approval. 60. Utility Screening. 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 ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 61. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 62. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division 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 Director of Community Development, the bond shall be released upon request by the applicant. 63. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 64. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Prior to Recordation of the Final Map 65. Disposition and Development Agreement. Execution of the Disposition and Development Agreement (DDA) with the City of Temecula as housing successor. The DDA shall include the City owned land that is contemplated to be included as part of the Final Map Contribution to the project (APN: 922-053-021 and 922-053-048) Outside Agencies 66. Flood Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated February 7, 2018, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 67. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Healths transmittal dated January 17, 2019, a copy of which is attached. 68. Corngliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated January 15, 2019, a copy of which is attached. 69. Compliance with RCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated January 9, 2019, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 70. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 71. Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 72. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 73. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manual and as directed by Public Works. 74. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. from Public Works for public offsite improvements; and b. from Riverside County Flood Control & Water Conservation District (RCFC&WCD) if encroaching within their right-of-way. 75. Street Improvement Plans. The developer shall submit public/private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 76. Right -of -Way Dedications. All easements and/or right-of-way dedications shall be offered to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. 77. Signing & Striping Plan. A signing & striping plan, designed by a registered civil engineer per the latest edition of Caltrans MUTCD standards, shall be included with the street improvement plans for approval. 78. Storm drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10 -year storm event and/or is not contained within the street right-of-way for the 100 -year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. Prior to Issuance of a Grading Permit 79. Environmental Constraint Shut (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 80. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearances/permits from applicable agencies such as Southern California Edison (SCE), RCFC&WCD and other affected agencies. 81. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 82. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 83. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml 84, Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.TemeculaCA.gov/WQMP 85. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 86. RCFC&WCD Approval. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations, shall be submitted to the Riverside County Flood Control and Water Conservation District for approval. 87. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. The creation of new cross lot drainage is not permitted. 88. Draina-ge Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 10 and 100 -year storm event for 24 hour storm duration peak flow) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. 89. Floodplain/Floodway Development. The developer shall comply with the provisions of Title 15, Chapter 15.12 of the Temecula Municipal Code, which requires a Conditional Letter of Map Revision (CLOMR) from FEMA. A FEMA -approved CLOMR shall be submitted to Public Works for review and approval. The developer shall pay all fees required by FEMA (and City) for processing of the FEMA reviews. 90. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 91. Geological Report. The developer shall complete any outstanding County geologist's requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 92. Letter of PermissionlEasement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 93. American Disability Act. The developer shall ensure that all frontage areas to the proposed development within the public right of way are ADA compliant. Any sidewalk within the public right of way found to be non-compliant shall be the responsibility of the property owner to be removed and replaced with ADA compliant sidewalk per the Streets and Highway Code Section 5610. 94. Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 95. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Encroachment Permit(s) 96. Public Utility Agency Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 97. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 98. Improvement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by Public Works. 99. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City's Paving Notes. Prior to Issuance of Building Permit(s) 100. Final Map. Parcel Map No.37510 shall be approved and recorded. 101. Western Bypass Corridor. The developer shall record a written offer to participate in, and waive all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the the proposed Western Bypass Corridor in accordance with the General Plan. The form of the offer shall be approved by the City. 102. Construction of Street Improvements. All street improvement plans (and the construction plans for landscaped medians) shall be approved by Public Works. The developer shall start construction of all public and/or private street improvements, as outlined below, in accordance to the City's General Plan/Circulation Element and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Pujol Street (Old Town Specific Plan Street Standard — 60' R/W) to include removal of existing curb and sidewalk, installation of rolled curb and gutter, sidewalk, streetlights, drainage facilities, signing, striping and utilities (including but not limited to water and sewer). 103. Undergrounding Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements 104. Floodplain/Floodway Development. The developer shall comply with the provisions of Title 15, Chapter 15.12 of the Temecula Municipal Code, which requires a Letter of Map Revision (LOMR) from FEMA. A FEMA -approved LOMR shall be submitted to Public Works. The developer shall pay all fees required by FEMA (and City) for processing of the FEMA reviews. 105. Street Lights. a. Street Light Plan — Street lighting shall be designed in accordance with the latest City Standards and Specifications for LS -3 street light rates, and as determined by the City Engineer. b. Onsite and Offsite Street Lights Ownership and Maintenance — All proposed public and private street lights shall be designed in accordance with City approved standards and specifications, or as determined and approved by the City Engineer. The City shall have ownership and maintenance of all proposed public street lights and associated appurtenances, and shall be provided with adequate service points for power. The design shall be incorporated in the project's street improvement plans or in a separate street light plan as determined and approved by the City Engineer. c. Streetlight Design as LS -3 Rate Lights — All new streetlights, other than traffic signal safety lights, shall be designed as LS -3 rate lights in accordance with approved City standards and specifications, and as determined by the City Engineer. d. Street Light Service Point Addressing — The developer shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to required street light service points. Service points serving public streetlights shall be owned by the City and shall be located within public's right of way or within duly dedicated public easements. 106. Certifications. Certifications are required from the registered civil engineer -of -record certifying the building pad elevation(s) per the approved plans and from the soil's engineer -of -record certifying compaction of the building pad(s). Prior to Issuance of a Certificate of Occupancy 107. Completion_ of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 108. Wilily Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 109. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 110. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. BUILDING AND SAFETY DIVISION General Requirements 111. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 112. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Residential, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 113. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entrance of the building. c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right-of-way to all public areas on site, such as trash enclosures, clubhouses, and picnic areas. 114. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below. 115. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 116. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 117. Obtain Al2provals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 118. Obtaining Separate A1212rovals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 119. Demolition. Demolition permits require separate approvals and permits. 120. Sewer and Water Plan Approval . On-site sewer and water plans will require separate approvals and permits. 121. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating 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 Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 122. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 123. Protection of drains and penetration. Protection of joints and penetrations in fire resistance -rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. 124. Garage Dimensions. Parking spaces within enclosed garages shall have an interior dimension of at least ten feet wide and twenty feet long. All measurements shall be made from the interior walls and any obstructions (including stem walls) shall not satisfy this requirement. The interior wall dimensions shall be on the plans for each garage. The following notes are required on the plans: -Two car garages shall note, "20' x 20' clear with no obstructions (including stem walls)" -Single car garages shall note, "10' x 20' clear with no obstructions (including stem walls)" At Plan Review Submittal 126. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2016 edition of the California Building Code. c. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 127. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 128. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 129. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 130. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 131. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2 '/2" outlets) shall be located on fire access roads and adjacent public streets. For all multi -family projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line may be required to be a looped system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020). 132. Fire Dept. Plan Review. 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. 133. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 3,500 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for multi -family. The fire flow as given above has taken into account all information as provided. There may be two points of connections required in order to meet the on site fire hydrant fire flow as well as the fire sprinkler demands. Number of connection points will be determined by Rancho Water and the Civil Engineer. (CFC Appendix B and Temecula City Ordinance 15.16.020). Prior to Issuance of Grading Permit(s) 134. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 135. Two Point Access. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5). 136. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 137. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 33 and Chapter 5). 138. Re uired Submittals Fire Sprinkler Systems . Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. A set of plans is required for each set of buildings. These plans must be submitted prior to the issuance of building permit. 139. Re uired Submittals Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 140. Address Directory [Multi -Family]. A directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 141. Gates and Access. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC Chapter 5). 142. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 143. Knox Box. 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). 144. Addressing. New 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. Multi -family residential shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All units shall have a minimum of 6 -inch high letters and/or numbers near or on the front doors. (CFC Chapter 5 and City Ordinance 15.16.020). 145. Site Plan. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). POLICE DEPARTMENT General Requirements 146. Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. 147. Disable Parking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 148. Tree Pruning. The 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. 149. Berm Height. Berms shall not exceed three feet in height. 150. Knox Box. Knox boxes with Police access are required at each gate leading into the property. Where access to or within a structure or an area is restricted because of secured opening or where immediate access is necessary for life-saving purposes, the Temecula Police Department is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access. 151. Parking Lot Lighting. 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. 152. Exterior Door Lighting. 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. 153. Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness. 154. Outdoor Lighting o During Non -Business Hours. The 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 $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 155. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 156. Graffiti Removal. 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. 157. Alarm System. 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. 158. Roof Hatches. All roof hatches shall be painted "International Orange." 159. Rooftop Addressing. 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. 160. Public Telephones. 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. 161, CrIme Prevention Through Environmental Design. 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. 162. Business Security Survey. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773. 163. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. JASON E. UHLEY , General Manager -Chief Engineer + RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT February 7, 2018 City of Temecula Planning Department 41000 Main Street Temecula, CA 92590 Attentior:: 'Eric Jones Re: Vine Creek Apartments PA 18-0081 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 FAX 951.788.9965 www.rcnood.org 218940 The District does not nonnally recommend conditions for land divisions or other land use cases in incorporated Cities. The District also does not plan check City land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comment does not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety, or any other such issue: Portions of the property is within the 100 -year Zone AE floodplain limits for Murrieta Creek as delineated on Panel No. 3285 -dated 8/28/2008 of the Flood Insurance Rate Maps (FIRM) issued in conjunction with the National Flood Insurance Program, administered by the Federal Emergency Management Agency (FEMA). An encroachment permit may be obtained within District right of way or facilities. Operations and Maintenance Section at 951 for any construction related activities occurring For further information, contact the District's ,955.1210. The U.S. Army Corps of Engineers along with the District and the Cities of Temecula and Murrieta are working on the design and construction of the Murrieta Creek Flood Control, Environmental Restoration and Recreation project (Project), which has been congressionally authorized. The proposed development is located within Phase 2A of the Project, which is being constructed. Questions regarding the Project may be addressed to Albert Martinez of our office at 951955.1299. • This project is located within the limits of the District's Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid prior to the issuance of grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. 218946 Mr. Eric Jones -2- February 7, 2018 Vine Creek Apartments PA 18-0081 GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has detennined that the project has been granted a permit or is shown to be exempt. If this project involves a FEMA mapped floodplain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMB) prior to occupancy. The applicant shall show written proof of compliance with the Multiple Species Habitat Conservation Plan (MSHCP) for any drainage facilities the applicant proposes to be maintained by the District. All applicable CEQA and MSHCP documents and permits shall address the construction, operation and maintenance of all onsite and offsitc drainage facilities. Draft CEQA documents shall be forwarded to the District during the public review period. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain all applicable Federal, State and local regulatory permits. These regulatory permits include, but are not limited to: a Section 404 Permit issued by the U.S. Army Corps of Engineers in compliance with section 404 of the Clean Water Act, a California State Department of Fish and Game Streambed Alteration Agreement in compliance with the Nish and Game Code Section 1600 et seq., and a 401 Water Quality Certification or a Report of Waste Discharge Requirements in compliance with Section 401 of the Clean Water Act or State Porter Cologne Water Quality Act, respectively, from the appropriate Regional Water Quality Control Board. The applicant shall also be responsible for complying with all mitigation measures as required under CEQA and all Federal, State, and local environmental rules and regulations. Very truly yours, r MIKE, WONG F"ngineering Project Manager ' c: Albert Martinez AC:sdh County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH January 17, 2019 City of Temecula Planning Department Attn: Eric Jones 41000 Main Street Temecula CA 92590 P.O. BOX 7909 ! RIVERSIDE, CA 92513-7909 STEVE VAN STOCKLIM, DIRECTOR SUBJECT: CITY OF TEMECULA — PA18-0081 VINE CREEK APARTMENTS APN: 921 Dear Mr. Jones: The project listed in the subject heading is proposing a development plan to allow an affordable multi -family project totaling 60 units. The project is located approximately 130 feet north of Main Street and Pujol Street intersection in the City of Temecula. In accordance with the agreement between the County of Riverside, Department of Environmental Health (DEH) and the City of Temecula, DEH offers the following comments for the project(s) listed in the subject heading of this letter: POTABLE WATER AND SANITARY SEWER This project is indicating that all lots developed under this specific plan are proposing to receive potable water from Rancho California Water District (RCWD) and sanitary sewer service from (EMWD). It is the responsibility of the developer to ensure that all requirements to obtain potable water and sanitary sewer service are met with EMWD, as well as, all other applicable agencies. As the agency providing sewer service, EMWD shall also have the responsibility to implement any grease interceptor requirements, including sizing capacity and other structural specifications if necessary. All existing septic systems and/or wells shall be properly removed or abandoned under permit with DEH. Office Locations • Blythe • Corona r Hemet r Indio • Murrieta ■ Palm Springs * Riverside Phone (888)722-4234 www.rivcoeh.org ENVIRONMENTAL CLEANUP PROGRAM The Environmental Cleanup Program (ECP) has reviewed the environmental site assessment report submitted for this project. Based on the information provided in the reports and a site visit conducted by ECP staff and with the provision that the information was accurate and representative of site conditions, the ECP concludes no further environmental assessment is required for this project. If previously unidentified contamination or the presence of a naturally occurring hazardous material is discovered at the site, especially in the area of the former railroad spur and turntable, assessment, investigation, and/or cleanup may be required. Contact Riverside County Environmental Health - Environmental Cleanup Programs at (951) 955-8980, for further information DISTRICT ENVIRONMENTAL SERVICES — POOL AND SPA If a pool or spa is proposed, prior to issuance of a building permit, the applicant shall be required to contact DEH District Environmental Services to determine the appropriate food and/or permitting requirements. For further information, please call (951) 461-0284. County of Riverside, Department of Environmental Health District Environmental Services - Murrieta Office 38740 Sky Canyon Drive, Suite "A" Murrieta CA 92563 Please contact your local DES office located in Murrieta at (951)461-0284. INDUSTRIAL HYGIENE (I H) This department will no longer be conducting noise evaluations and review of any future noise reports will be the responsibility of the City of Temecula. Should you have any further questions or require further assistance, please contact me by email at kakim(a)rivc" or by phone at (951) 955-8980. Sincerely, Kristine Kim, Supervising REHS Department of Environmental Health January 15, 2019 Attn: Darren Berberian 2960 Randolph Avenue Costa Mesa, CA 92626 Subject: SAN 53 —Will Serve —Vine Creek Apartments EASTERN MUNICIPAL e m wd WATER DISTRICT Eastern Municipal Water District (EMWD) is willing to provide sewer services to the subject project. The provisions of service are contingent upon the developer completing the necessary arrangements in accordance with EMWD rules and regulations. EMWD expects the developer to provide proper notification when a water demand assessment is required pursuant to Senate Bill 221 and/or 610. EMWD expects the developer to coordinate with the approving agency for the proper notification. Further arrangements for service from EMWD may also include plan check, facility construction, inspection, jurisdictional annexation, and payment of financial participation charges. The developer is advised to contact EMWD's Development Services Department early in the entitlement process to determine the necessary arrangements for service, and to receive direction on the preparation of facility Design Conditions, which is required prior to final engineering. EMWD's ability to serve is subject to limiting conditions, such as regulatory requirements, legal issues, or conditions beyond EMWD's control. Ex iration — one Year from date of issue Thank you for your cooperation in serving our mutual customers. If you have any questions, please call me at (951) 928-3777, extension 4450. Sincerely, Eli Rodr geuez Principal Engineering Technician Development Services Department Eastern Municipal Water District ER:dsc 2270 Trumble Road • P.O. Box 8300 • Perris, CA 92572-8300 T 951.928.3777 0 F 951.928.6177 www.emwd.org (9 January 9, 2019 Rancho water Case Planner City of Temecula 41000 Main Street Post Office Box 9033 Board of Directors Temecula, CA 92589-9033 Bill J. Wilson President SUBJECT: WATER AVAILABILITY Danny J. iN1artin Senior Vice President PA18-0081; PUJOL STREET/MAIN STREET Carol Lee Brady APNS 922-053-047, 922-053-0481 AND 922-053-021 [VINE CREEK APARTMENTS] Angel Garcia Lisa D. Herman Dear Case Planner: William E. Plummer John V. Rossi Please be advised that the above -referenced project/property is located within the Officers service boundaries of Rancho California Water District (RCWD/Distriet). The subject project/property fronts an existing 36 -inch diameter water pipeline (1305 Jeffrey D. Armstrong General Manager Pressure Zone), an existing 24 -inch diameter water pipeline (1305 Pressure Zone), Eva Plajzer, P.E. and an existing 20 -inch diameter recycled water pipeline (1381 Pressure Zone) Assistant General Manager within Pu'ol Street. Please refer to the enclosed exhibit map. Engineering and Operations Richard R. Aragon, CPFO Water service to the subject project/property exists at APN 922-053-048 under Assistant General Manager Chief Financial Officerm-easurer Account No. 3005020, Location No. 2004030. Additions or modifications to Jason A. Martin water/sewer service arrangements are subject to the Rules and Regulations Director of Administration (governing) Water System Facilities and Service, as well as the completion of Eileen Dienzo financial arrangements between RCWD and the property owner. Director of Human Resources Kelli E. Garcia District Secretary Water service to individual lots will require the extension of water facilities within James B. Gilpin dedicated public and/or private right-of-ways. Individual water meters will be Best Best & Krieger LLP required for each lot and/or project unit, including separate water services/meters General Counsel for domestic service, fire service, and landscape irrigation service, as applicable. Beginning in 2018, newly constructed multi -unit residential structures are required to measure the quantity of water supplied to each individual residential dwelling unit. Where private on-site water facilities (for water service, fire service, irrigation, or other purpose) will cross or will be shared amongst multiple lots/project units (only by special variance of the Rules and Regulations), and/or where such `common' facilities will be owned and maintained by a Property Owners' Association, RCWD requires execution and recordation of a Reciprocal Easement and Maintenance Agreement or equivalent document of covenants, codes, and restrictions. nnrhn ('"IiF... i:h ►FnfP nicfrirf 42135 Winchester Road - Post Office Box 9017 - Temecula. California 92589-9017 - (95 1) 396-6900 - FAX (95 1) 296-6860 - www.ranchowater.com Case Planner/City of Temecula January 9, 2019 Page Two Water availability is contingent upon the property owner(s) signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is subject to water supply shortage contingency measures in effect (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances and policy), and/or the adoption of a required Water Supply Assessment for the development, as determined by the Lead Agency. In accordance with Resolution 2007-10-5 and subject to a Notice of Determination by RCWD, the project/property may be required to use recycled water for all landscape irrigation, which should be noted as a condition for any subsequent development plans. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, and prior to the preparation of California Environmental Quality Act (CEQA) documents, the project proponent should contact RCWD for a determination of existing water system capability, based upon project -specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project -specific fees and requirements. Sewer service to the subject project/property, if available, would be provided by Eastern Municipal Water District. If no sewer service is currently available to the subject project/property, all proposed waste discharge systems must comply with the State Water Resources Control Board, health department, and/or other requirements as they relate to the protection of groundwater quality, pursuant to RCWD's Groundwater Protection Policy. If you should have any questions or need additional information, please contact an Engineering Technician at the District office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Erica Peter Engineering Technician Enclosure: Exhibit Map cc: Jeff Kirshberg, Water Resources Manager Corry Smith, Engineering Services Supervisor 19\EP:habMT45O\FEG ancho California Water r}ivtrial 42135 Winchester Road • Post Office Box 9017 • Temecula. 01iforria 92589-9017 • (95 1) 296-6900 • FAX (951 ) 296-6860 • www.ranchowater.com N Draft Mitigated Negative Declaration (MND) with Appendices which can be downloaded at: TemeculaCA.gov/CEQA Final Mitigated Negative Declaration (MND) which can be downloaded at: TemeculaCA.gov/CEQA NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: CASE NOS: PA18-0081, PA18-1230, PA18-0497, and PA18-0692 APPLICANT: Darren Berberian PROPOSAL: A Development Plan to allow a three-story affordable multi -family project totaling sixty units with fifteen units available for special needs occupants (twelve units for autism and three units for sensory). A Minor Exception for parking to reduce the off-street parking requirement from 113 to 102 spaces. A Tentative Parcel Map to create one lot from three. A Certificate of Historical Appropriateness for the location of the former railroad turntable. The project is generally located approximately 130 feet north of the Main Street and Pujol Street intersection on the east side of Pujol Street. ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed project will not have a significant impact upon the environment based upon a completed Environmental Initial Study and Mitigation Monitoring Plan. As a result, a Mitigated Negative Declaration will be adopted in compliance with CEQA. CASE PLANNER: Eric Jones, (951) 506-5115 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: TIME OF HEARING February 20, 2019 6:00 p.m. `s sf P 41 r0:r_ Project Site The complete agenda packet (including any supplemental materials) 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 Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a majority of the Commission 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 — T emeculaCA.gov — and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within 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 Commission 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. Questions? Please call the Community Development Department at (951) 694-6400. ITEM 7 STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: February 20, 2019 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Scott Cooper, Case Planner PROJECT Planning Application No. PA18-1477, a Modification to a SUMMARY: development plan for Oscar's Brewery and Pat's Kitchen that includes exterior facade modifications including paint, material and design element changes, an enclosed outdoor recreation area, additional outdoor seating with fire pit, and landscape upgrades; and PA18-1478, a Conditional Use Permit to upgrade a liquor license from a Type 41 ABC License (On -Sale Beer and Wine) to a Type 75 ABC License (On Sale General — Brewpub) and for live indoor entertainment. The project is located at 29375 Rancho California Road. RECOMMENDATION: Adopt a Resolution approving a Conditional Use Permit and Modification, subject to Conditions of Approval CEQA: Exempt Section 15301, Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Kathryn Conniff General Plan Professional Office (PO), Open Space (OS) Designation: Zoning Designation: Rancho Highlands Specific Plan (SP) Existing Conditions/ Land Use: Site: Existing Restaurant / Professional Office (PO) , Open Space (OS) North: Rancho California Road, Commercial Center / Community Commercial (CC) South: Temecula Duck Pond / Professional Office (PO) East: Religious Institution, Vacant Land / Community Commercial (CC), High Density Residential (H) West: Temecula Duck Pond / Professional Office (PO) Lot Area: Total Floor Area/Ratio: Landscape Area/Coverage Parking Provided/Required: BACKGROUND SUMMARY Existing/Proposed 1.89 acres N/A (no increase in square footage) 28.2% proposed N/A (no additional parking required) Min/Max Allowable or Required 0.92 acres minimum N/A 25% minimum N/A On December 4, 1995, the City of Temecula Planning Commission approved PA95-0112, a Plot Plan for Oscar's on the Pond, a 9,934 square foot restaurant. On October 29, 2018, Kathryn Conniff submitted Planning Application Nos. PA18-1477 (Modification to a development plan) and PA18-1478 (Conditional Use Permit) for Oscar's Brewery and Pat's Kitchen that includes exterior facade modifications including paint, material and design element changes, an enclosed outdoor recreation area, additional outdoor seating with fire pit, and landscape upgrades; and to upgrade a liquor license from a Type 41 ABC License (On -Sale Beer and Wine) to a Type 75 ABC License (On Sale General — Brewpub) and for live indoor entertainment. The project is located at 29375 Rancho California Road. 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 is located in the Rancho Highlands Specific Plan at an existing restaurant at 29375 Rancho California Road. The main components of the project include exterior fagade modifications to the existing building, the addition of an outdoor recreation area that includes bocce ball and seating area, and the addition of an outdoor fire pit. The project does not include any new access to the project site or additional parking. Additional parking is not required as part of this modification as no new square footage is being added to the existing restaurant building. Architecture The proposed Modification will add visual interest and articulation to the building facade using materials, colors, and textures to make the appearance more current and feel less dated. The proposed architectural changes include: - New entry vestibule - Addition of wood cladding, corrugated metal, and stucco - Vegetated organic walls - Bi -fold and roll up overhead doors - Faux grain silo located over the proposed fire pit Conditional Use Permit The proposed Conditional Use Permit will upgrade a liquor license from a Type 41 ABC License (On -Sale Beer and Wine) to a Type 75 ABC License (On Sale General — Brewpub) and allow for live indoor entertainment. A Type 75 ABC License authorizes the sale of beer, wine, and distilled spirits at a bona fide eating place plus a limited amount of brewing of beer. Staff has confirmed with the California Department of Alcoholic Beverage Control (ABC) that the Planning Commission does not make the finding of Public Convenience or Necessity application (PCN) for restaurants. ABC will process the findings of Public Convenience or Necessity upon approval of the Conditional Use Permit after the license application process has been initiated. The applicant must state their case in support of the PCN to ABC rather than to the local jurisdiction in the request of upgrading the existing license. Conditions of approval have been added to the Conditional Use Permit that requires a full menu be available at all hours that alcohol is served and that termination of alcohol sales shall be no less that one half hour prior to the closing for all nights of operation. The hours of operation for the business are proposed as Monday through Thursday from 11:00 a.m. to 10:00 p.m., Friday from 11:00 a.m. to 2:00 a.m., Saturday from 9:00 a.m. to 2:00 a.m. and Sunday from 9:00 a.m. to 10:00 p.m. Live indoor entertainment is allowed with a Conditional Use Permit. The applicant is proposing for live indoor entertainment in the form of a soloist or small, two to four person groups playing for the enjoyment of the patrons. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on February 8, 2019 and mailed to the property owners within a 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 Facilities). The project is proposing exterior modifications to an existing restaurant, a Type 75 On -Sale General (Brewpub) license, and live indoor entertainment. The exterior modifications to the restaurant will not be adding any square footage to the building and will be adding an outdoor recreation area that includes bocce ball, a seating area, and an outdoor fire pit. The project is therefore categorically exempt from CEQA pursuant to CEQA Guidelines section 15301. The project consists of the operation, maintenance of an existing private structure involving the negligible or no expansion of use beyond that existing at the time that the City makes this determination. FINDINGS Conditional Use Permit (Development Code Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. The project currently operates as a full-service restaurant with the primary purpose of offering a full menu of food items with select wines and beers. The proposed conditional use is consistent with the City of Temecula General Plan and Rancho Highlands Specific Plan which conditionally allows for restaurants to operate with a Type 75 On -Sale General (Brewpub) license and live entertainment. The sale of distilled spirits, the brewing of beer, and live indoor entertainment would serve incidental uses to the establishment's operations. 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 project is an existing restaurant within the Rancho Highlands Specific Plan area. As conditioned, the proposed conditional use for a Type 75 On -Sale General (Brewpub) license and live indoor entertainment are compatible with the nature, condition and development of adjacent uses (vacant land, a religious institution, and open space in the form of the Temecula Duck Pond), buildings and structures. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures as the proposed uses are incidental to the existing establishment's operations and no increase in square footage of the building or the number of parking spaces is proposed. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The application does not propose an increase in square footage to the existing restaurant building and therefore is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and Rancho Highlands Specific Plan. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project meets all the requirements of the Rancho Highlands Specific Plan, Development Code, Fire Code and the Building Code, which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not detrimental to the health, safety and general welfare of the community. That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. Development Plan (Code Section 17.05.0105) The proposed project consists of exterior modifications to an existing restaurant building. The General Plan and Rancho Highlands Specific Plan allow for restaurant uses at the project site. Therefore, the project is consistent with the General Plan for Temecula. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, and parking is consistent with, and intended to protect the health and safety of those working and living in an around the site as the project is consistent with the General Plan, Rancho Highlands Specific Plan, City Wide Design Guidelines, and Development Code. The project is designed for the protection of the general welfare because it will update the exterior of the existing building to make it more visually interesting and make it more current. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. ATTACHMENTS 1. Aerial Map 2. Plan Reductions 3. Resolution — Conditional Use Permit 4. Exhibit A - Draft Conditions of Approval 5. Statement of Operations 6. Resolution — Modification 7. Exhibit A — Draft Conditions of Approval 8. 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PA18-1478, A CONDITIONAL USE PERMIT FOR AN EXISTING OSCAR'S BREWERY AND PAT'S KITCHEN RESTAURANT TO UPGRADE A LIQUOR LICENSE FROM A TYPE 41 ABC LICENSE (ON -SALE BEER AND WINE) TO A TYPE 75 ABC LICENSE (ON SALE GENERAL — BREWPUB) AND FOR LIVE INDOOR ENTERTAINMENT LOCATED AT 29375 RANCHO CALIFORNIA ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 29, 2018, Kathryn Conniff filed Planning Application No. PA18- 1478 a Conditional Use Permit, and Planning Application No. PA18-1477 a Modification (collectively, "Application") in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on February 20, 2019, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA18-1478, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Conditional Use Permit hereby finds, determines and declares that consistent with Development Code Section 17.04.010.E: A. The proposed conditional use is consistent with the General Plan and the Development Code. The project currently operates as a full-service restaurant with the primary purpose of offering a full menu of food items with select wines and beers. The proposed conditional use is consistent with the City of Temecula General Plan and Rancho Highlands Specific Plan which conditionally allows for restaurants to operate with a Type 75 On -Sale General (Brewpub) license and live entertainment. The sale of distilled spirits, the brewing of beer, and live indoor entertainment would serve incidental uses to the establishment's operations. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The project is an existing restaurant within the Rancho Highlands Specific Plan area. As conditioned, the proposed conditional use for a Type 75 On -Sale General (Brewpub) license and live indoor entertainment are compatible with the nature, condition and development of adjacent uses (vacant land, a religious institution, and open space in the form of the Temecula Duck Pond), buildings and structures. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures as the proposed uses are incidental to the existing establishment's operations and no increase in square footage of the building or the number of parking spaces is proposed. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The application does not propose an increase in square footage to the existing restaurant building and therefore is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and Rancho Highlands Specific Plan. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project meets all the requirements of the Rancho Highlands Specific Plan, Development Code, Fire Code and the Building Code, which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not detrimental to the health, safety and general welfare of the community. E. That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit: 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, Existing Facilities); The project is proposing exterior modifications to an existing restaurant, a Type 75 On -Sale General (Brewpub) license, and live indoor entertainment. The exterior modifications to the restaurant will not be adding any square footage to the building and will be adding an outdoor recreation area that includes bocce ball, a seating area, and an outdoor fire pit. The project is therefore categorically exempt from CEQA pursuant to CEQA Guidelines section 15301. The project consists of the operation, maintenance of an existing private structure involving the negligible or no expansion of use beyond that existing at the time that the City makes this determination. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-1478, a Conditional Use Permit for an existing Oscar's Brewery and Pat's Kitchen Restaurant to upgrade a liquor license from a Type 41 ABC License (On -Sale Beer and Wine) to a Type 75 ABC License (On Sale General — Brewpub) and for live indoor entertainment located at 29375 Rancho California Road, and makes a finding of exemption under the California Environmental Quality Act (CEQA), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of February, 2019. , Chairperson ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 19- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of February, 2019, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary DRAFT CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA18-1478 Project Description: A Conditional Use Permit to allow for Oscar's Brewery & Pat's Kitchen to upgrade their liquor license from a Type 41 ABC License (On -Sale Beer and Wine) to a 75 ABC License (On Sale General — Brewpub) and for live indoor entertainment located at 29375 Rancho California Road. Assessor's Parcel No.: 944-330-015 MSHCP Category: N/A (no new grading) DIF Category: N/A (no new square footage) TUMF Category: N/A (no new square footage) Quimby Category: N/A (non-residential) New Street In -lieu of Fee: N/A (not located within the Uptown Temecula Specific Plan area) Approval Date: February 20, 2019 Expiration Date: February 20, 2022 PLANNING DIVISION General Requirements Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 2. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means 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, or use of a property in conformance with a Conditional Use Permit. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to three extensions of time, one year at a time. 4. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 5. Food Service. The bona fide public eating place shall serve a full menu at all hours that alcohol is served. 6. Statement of Operations. The applicant shall comply with their Statement of Operations dated January 9, 2019, on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 7. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 8. City Review and Modification of CUP. The City, its Director of Community Development, 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 Director of Community Development, Planning Commission and City Council is in addition to, and not in -lieu of, the right of the City, its Director of Community Development, 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. 9. Posting of Local Transportation Providers. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce at (951) 676-5090. 10. Termination of Alcohol Sales. The last call indicating the termination of the sale of alcohol shall be no less than one half (1/2) hour prior to closing for all nights of operation. 11. Hours of Operation. Hours of operation for the business shall be Monday thru Thursday from 11:00 a.m. to 10:00 p.m., Friday from 11:00 a.m. to 2:00 a.m., Saturday from 9:00 a.m to 2:00 a.m. and Sunday from 9:00 a.m to 10:00 p.m POLICE DEPARTMENT General Requirements 12. Type 75 License. The applicant has applied for a Type 75 License (On -Sale General-Brewpub). A Type 75 license authorizes the sale of beer, wine and distilled spirits for consumption on a bona fide eating place plus a limited amount of brewing beer. Minors are allowed on the premises. 13. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 14. Identification Verification. 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. 15. Acceptable Forms of Identification. 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 Section 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. 16. Inspections. Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B&P; 148 and 241 (b) PC). 17. Disorderly House. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premise includes the parking lot (Section 25601 B&P; 316 PC). 18. Employee Training for Identification Checks. The applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Unit at (951) 506-5132 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. 19. Entertainment Rules. On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; (b) the touching, caressing or fondling on the breast, buttocks, anus or genitals; (c) the displaying of the pubic hair, anus, vulva or genitals; and (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of her or her genitals or anus (Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is "obscene," e.g. intercourse, sodomy, masturbation, etc.) 20. Under Number of Calls for Service. Licensees may not permit their licensed premises to be a problem for the local law enforcement agency by needing an undue number of calls for service. The licensed premise includes the parking lot (Sections 24200 (a) (B&P). 21. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. STATEMENT OF OPERATIONS Oscar's Brewery & Pat's Kitchen -9-201 SECTION C. STATEMENT OF OPERATIONS Provide a written statement outlining your proposed business. Your response must give a detailed description of the proposed use and shall include: The proposed project is a Major Modification permit application to renovate the exterior fagade & remodel the interiors of a 9,934 square feet (SF) existing fast casual Pat & Oscar's restaurant on a 1.889 acre parcel, APN: 944330015-3, located on the southeast corner of Ynez Road & Rancho California Road, above Duck Pond Park. A new vestibule, totaling 169 SF is proposed. The renovated table service restaurant proposes to add micro -brewery capabilities to serve on premises & requests a Minor Conditional Use Permit (CUP) to serve distilled spirits. The proposed micro -brewery is approx. 875 SF (35'x 25'), within the existing restaurant space totaling 9,934 SF, and it represents approximately 9% of the space. In preliminary review meetings with City staff in June 2018, we understood ancillary uses to the main restaurant use are allowed up to 15%, therefore, the proposed SF of the micro -brewery is considered an acceptable ancillary use to the existing restaurant. A 600 feet distance between the existing restaurant, Duck Pond Park & Iglesia Ni Cristo (Church of Christ) is not required, given we have an existing restaurant, per Temecula Municipal Code section 17.10.020 Supplemental Development Standards, item B. Alcoholic Beverage Sales, sub -item 6. Existing surface parking, landscaping and site utilities will remain with minor site improvements that avoids a grading permit, per Temecula Municipal Code section 18.06.060 Grading Permit Exemptions, item I, and avoid the need for a Water Quality Management Plan (WQMP)/Standard Stormwater Mitigation Plan (SSMP) given the proposed impervious surfaces are well below the 5,000 SF requirement. The existing one story restaurant contains two large private banquet rooms as well as an outdoor patio dining area and two outdoor gazebos. The renovated restaurant will be a family oriented dining experience with a hip micro -brewery bar atmosphere. The project will maintain one banquet room and re -design the outdoor areas to create an inviting indoor/outdoor experience. On the north side of the restaurant (adjacent to a new micro -brewery) a new faux "grain silo" is proposed (no roof & not enclosed SF). The new faux "grain silo" shall occupy the footprint of the existing gazebo, distinguish the proposed micro -brewery architecture & provide a branding opportunity for the renovated restaurant. On the south side of the restaurant (adjacent to the new banquet room) the existing gazebo is proposed to be removed and an outdoor seating area is proposed. The existing perimeter retaining wall, adjacent to Duck Pond Park, is to remain. The renovated exterior fagade with consists of natural materials, such as wood cladding, corrugated metal and stucco. The majority of the existing glazing will remain and clear glazing will be incorporated where indicated on the proposed elevations. Tile, a vegetated organic wall, trellis structures and a fabric awning will accent the renovated exterior elevations. The new faux "grain silo" is proposed to contain an outdoor fire pit, with seating areas radiating around it and will provide views outward toward Duck Pond Park and Rancho California Road. Improvements to the existing building shall include infrastructure upgrades, structural retrofitting and enhancements (as needed), Mechanical (HVAC) systems, Electrical Systems upgrades, Plumbing Systems, toilet facility enhancements, and renovated kitchen and back of house facilities. We anticipate adding a roof covering (not enclosed SF) at the existing trash area for water quality purposes. The renovated restaurant's lobby area provides entry to the restaurant, micro -brewery and includes a bakery and area for dining takeout clientele. The clientele entering the restaurant will see a pizza bar radiating around a pizza oven that will then lead them to the redesigned indoor Page 1 of 3 dining area with new finishes, a private dining room, outdoor dining area and a private banquet room. The indoor dining area will have a large opening, facing Duck Pond Park, and providing access to the outdoor dining area. On the south side of the restaurant (adjacent to the new banquet room) a proposed recreation area consisting of turf area, bocce ball, and a VW van is anticipated for photo opportunities. This area will be screened from public views. The entry to the bar area will be flanked by barrels creating its own beer garden pavilion with access to an outdoor beer garden dining area and views into the proposed micro -brewery. The new faux "grain silo" contains an outdoor fire pit, with seating areas radiating around it and will provide views outward toward Duck Pond Park and Rancho California Road. Proposed micro - brewery capabilities are for on premise service. On the north side of the restaurant (adjacent to a new micro -brewery) brewery equipment is planned on the existing walkway consisting of a glycol chiller with a roof covering (not enclosed SF), a CO tank - 1,000 Ib., an area for spent grain to be removed & possible kegs that will be screen from public views. Improvements shall be approved and permitted by all applicable agencies, including, but not limited to City of Temecula Planning, Building & Fire Departments, Riverside County Dept. of Environmental, Rancho California Water District (water) and Eastern Municipal Water District (sewer). Existing site utilities consists of a 4" lateral fire water line, 1" lateral domestic water line and existing 2" water meter (disc /multi -jet) that provides 100 to 160 gallons/per minute, per RCWD. In preliminary discussions with RCWD, RCWD anticipates the existing water infrastructure (fire service, DCDA, water service) should be sufficient, given review of existing smart water meter readings in June 2018. There may be a possible a water meter upgrade, pending review of proposed plumbing fixture count and gallons/per minute. An existing 4" sewer lateral and a 3,000 gallon grease interceptor are proposed to remain. ❑ Hours and days of operation Monday thru Thursday 11:00am - 10:00pm Friday 11:00am - 2:OOam Saturday 9:OOam - 2:OOam Sunday 9:OOam - 10:OOpm ❑ Number of employees — 75 employees anticipated ❑ Proposed private security (if required) - Yes, full time onsite security, 24 hrs. a day. ❑ Estimated number of customers — 0 to 350 patrons a day anticipated ❑ Total number of required parking No additional parking required as no additional square footage if proposed with this Modification. ❑ Indicate if food will be served — Yes ❑ Indicate if alcohol will be served — Yes, beer, wine & distilled spirits ❑ Indicate if live entertainment or amplified sound will be provided — Yes ❑ Is the site suitable and adequate for the proposed use ? Page 2 of 3 Yes, the site suitable and adequate and there is no change in use. The existing restaurant is proposed to be renovated on the exterior facade & the interiors are proposed to be remodeled. The proposed micro -brewery is approx. 875 SF (35' x 25'), within the existing restaurant space totaling 9,934 SF, and it represent approximately 9% of the space. In preliminary review meetings with City staff in June 2018, we understood ancillary uses to the main restaurant use are allowed up to 15%, therefore, the proposed SF of the micro -brewery is considered an acceptable ancillary use to the existing restaurant. A 600 feet distance between the existing restaurant, Duck Pond Park & Iglesia Ni Cristo (Church of Christ) is not required, given we have an existing restaurant, per Temecula Municipal Code section 17.10.020 Supplemental development standards, item B. Alcoholic Beverage Sales, item 6. ❑ Would the proposed use and design have a substantial adverse effect on traffic circulation and on the planned capacity of the community ? No, a substantial adverse impact on the traffic circulation is not anticipated. The existing restaurant is proposed to be renovated on the exterior facade & the interiors are proposed to be remodeled, totaling 9,934 SF. A new vestibule, totaling 169 SF is proposed. Existing driveways, surface parking, landscaping and site utilities will remain with minor site improvements that avoids a grading permit, per Temecula Municipal Code section 18.06.060 Grading Permit exemptions, item I, and avoid the need for a Water Quality Management Plan (WQMP)/Standard Stormwater Mitigation Plan (SSMP) given the proposed impervious surfaces are well below the 5,000 SF. ❑ Would the proposed use and design have a substantial adverse impact on the general welfare of persons residing in the community ? No, a substantial adverse impact on the general welfare of persons residing in the community is not anticipated, as there is no change in use. ❑ Is the design of the project compatible with the existing and proposed development within the district and its surroundings ? Yes, the proposed design of the project is compatible with the existing adjacent commercial uses & Duck Pond Park. Proposed development within the district and its surroundings in unknown at this time. Page 3 of 3 PC DRAFT RESOLUTION MODIFICATION PC RESOLUTION NO. 19- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-1477, A MODIFICATION TO AN EXISTING OSCAR'S BREWERY AND PAT'S KITCHEN RESTAURANT THAT INCLUDES EXTERIOR FACADE MODIFICATIONS INCLUDING PAINT, MATERIAL AND DESIGN ELEMENT CHANGES, AN ENCLOSED OUTDOOR RECREATION AREA, ADDITIONAL OUTDOOR SEATING WITH FIRE PIT, AND LANDSCAPE UPGRADES LOCATED AT 29375 RANCHO CALIFORNIA ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 29, 2018, Kathryn Conniff filed Planning Application No. PA18- 1477 a Modification, and Planning Application No. PA18-1478 a Conditional Use Permit (collectively, "Application") in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on February 20, 2019, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA18-1477, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Modification to the Development Application hereby finds, determines and declares that: Modification, Development Code Section 17.05.010.F 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 project consists of exterior modifications to an existing restaurant building. The General Plan and Rancho Highlands Specific Plan allow for restaurant uses at the project site. Therefore, the project is consistent with the General Plan for Temecula. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the project, including the site, building, and parking is consistent with, and intended to protect the health and safety of those working and living in an around the site as the project is consistent with the General Plan, Rancho Highlands Specific Plan, City Wide Design Guidelines, and Development Code. The project is designed for the protection of the general welfare because it will update the exterior of the existing building to make it more visually interesting and make it more current. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Modification: 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, Existing Facilities); The project is proposing exterior modifications to an existing restaurant, a Type 75 On -Sale General (Brewpub) license, and live indoor entertainment. The exterior modifications to the restaurant will not be adding any square footage to the building and will be adding an outdoor recreation area that includes bocce ball, a seating area, and an outdoor fire pit. The project is therefore categorically exempt from CEQA pursuant to CEQA Guidelines section 15301. The project consists of the operation, maintenance of an existing private structure involving the negligible or no expansion of use beyond that existing at the time that the City makes this determination. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-1477, a Modification to an existing Oscar's Brewery and Pat's Kitchen restaurant that includes exterior facade modifications including paint, material and design element changes, an enclosed outdoor recreation area, additional outdoor seating with fire pit, and landscape upgrades located at 29375 Rancho California Road, and makes a finding of exemption under the California Environmental Quality Act (CEQA), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of February, 2019. , Chairperson ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 19- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of February, 2019, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS.- ABSENT: OMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary DRAFT CONDITIONS OF APPROVAL MODIFICATION EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA18-1477 Project Description: A Modification to an existing Oscar's Brewery and Pat's Kitchen restaurant that includes exterior facade modifications including paint, material and design element changes, an enclosed outdoor recreation area, additional outdoor seating with fire pit, and landscape upgrades. The project is located at 29375 Rancho California Road. Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In -lieu of Fee: Approval Date: Expiration Date: PLANNING DIVISION 944-330-015 N/A (no new grading) N/A (no new square footage) N/A (no new square footage) N/A (non-residential) N/A (not located within the Uptown Temecula Specific Plan area) February 20, 2019 February 20, 2022 Within 48 Hours of the Approval Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers 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 Division 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 2. Indemnification of the Cily. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 3. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three-year 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. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to three extensions of time, one year at a time. 5. Conformance with Approved Pians. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6. Signage Permits. A separate building permit shall be required for all signage. 7. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development 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. 8. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 9. Water Qm"N and Drainage. 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. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 10. Materials and Colors. 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 City 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 Toque White (SW7003) Stucco Peppercorn (SW7674) Stucco Inkwell Black (SW3992) Roof Tile Inkwell Black (SW6992) Wood Cladding Bistro Walnut (SW3115-P) Corrugated Metal Antique Rusty Aluminum Metal Satin Black Tile E/S 20 Collection Organic Wall Philodendron Cordatum & Ficus Pumila Exterior Fabric Sunbrella (Smoke #23) 11. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 12. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 13. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 14. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 15. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. Prior to Issuance of Building Permit 16. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. 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 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 Conceptual Grading Plan and grading/earthwork quantities. 17. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "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 verify 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. The applicant/owner shall contact the Planning Division to schedule inspections. 18. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 19. Water Usage Calculations. 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. 20. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail 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. 21. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "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 verify 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. The applicant/owner shall contact the Planning Division to schedule inspections. 22. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 23. _Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape, etc.) to match the style of the building subject to the approval of the Director of Community Development. 24. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved conceptual grading plan and WQMP exhibit. 25. Utility Screening. 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 ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 26. Screening of Loading Areas. 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 Director of Community Development. BUILDING AND SAFETY DIVISION General Requirements 27. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building plans are reviewed and submitted to Building and Safety. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 28. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code,2016 California Energy Codes, 2016 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. 29. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. 30. ADA Access. Provide details of all applicable disabled access provisions and building setbacks on the plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entry. c. Accessible path of travel from parking to furthest point of improvement. 31. Obtain Approvals and Permits. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 32. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below. A note may be placed on the electrical plans indicating that the existing streetlights & existing onsite parking lot lite fixtures shall remain and are outside of the proposed scope of work. 33. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers required over new and existing trash enclosures. 34. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating 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 Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 35. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. At Plan Review Submittal 36. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A copy of a hardscape plan & Handicap Access Exhibit. d. 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) 37. Plans Reguire Stamp of Registered Professional. Provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 38. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION Prior to Issuance of Building Permit(s) 39. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 40. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 41. Knox Box. 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). 42. Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial, multi -family residential and industrial buildings shall have a minimum of 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. Single family residences and multi -family residential units shall have 4 -inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC Chapter 5 and City Ordinance 15.16.020). 43. Additional Submittals (Fire Above/Below Ground Tanks). The developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health Department and Fire Prevention Bureau (CFC Chapter 57 and City Ordinance 15.16.020). POLICE DEPARTMENT General Requirements 44. Trees. 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. 45. Exterior Building Lighting. All lighting affixed to the exterior of buildings less than 8 feet high shall be vandal resistant. 46. Parking Lot Lighting. 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. 47. Exterior Door Illumination. 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. 48. Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 49. Graffiti. Any graffiti painted or marked upon the buildings or other structures 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 50. Outdoor Lighting During Non -Business Hours. The 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 $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 51, Alarm System. Upon completion of construction, each building or business shall have an alarm system that is monitored 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 each have their own alarm system. This condition is not applicable if the business is open 24/7. 52. Crime Prevention Through Design. 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 below: 1. 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. 2. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. 3. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 53. Crime Prevention Training. 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. 54. Business Security Survey. 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. 55. Contact. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA18-1477, PA18-1478 Applicant: Kathryn Conniff Proposal: A Modification and Conditional Use Permit for Oscar's Brewery and Pat's Kitchen that includes exterior facade modifications including paint, material and design element changes, an enclosed outdoor recreation area, additional outdoor seating with fire pit, and landscape upgrades; and to upgrade a liquor license from a Type 41 ABC License (On - Sale Beer and Wine) to a Type 75 ABC License (On Sale General — Brewpub) and for live indoor entertainment. The project is located at 29375 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 15301, Class 1, Existing Facilities) Case Planner: Scott Cooper, (951) 506-5137 Place of Hearing: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers Date of Hearing: February 20, 2019 Time of Hearing: 6:00 p.m. a 500 1,000 Feet L J I I I Project Site The complete agenda packet (including any supplemental materials) 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 Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a majority of the Commission 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 — TemeculaCA.gov — and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within 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 Commission 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. Questions? Please call the Community Development Department at (951) 694-6400. ITEM 8 STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: February 20, 2019 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Scott Cooper, Case Planner PROJECT Planning Application No. PA18-0131, a Development Plan for a 2.2 SUMMARY: acre Park & Ride and Trailhead facility with fifty standard parking spaces and six spaces for horse trailers located in Planning Area 33B of the Roripaugh Ranch Specific Plan (APN 964-460-003) RECOMMENDATION: Adopt a Resolution approving a Development Plan, subject to Conditions of Approval CEQA: Exempt Section 15162, Subsequent EIRs and Negative Declarations PROJECT DATA SUMMARY Name of Applicant: Decatur Advisors, LLC General Plan Specific Plan Implementation (SPI) Designation: Zoning Designation: Roripaugh Ranch Specific Plan (SP -11) Existing Conditions/ Land Use: Site: Vacant Land / Specific Plan Implementation (SPI) North: Vacant Land / Very Low Density Residential (VL) South: Nicolas Road, Vacant Land / Specific Plan Implementation (SPI) East: Fiesta Ranch Road, Vacant Land / Specific Plan Implementation (SPI) West: Metropolitan Water District Easement, Vacant Land /Very Low Density Residential (VL) Existing/Proposed Min/Max Allowable or Required Lot Area: 2.2 acres 2.1 acres minimum Parking Provided/Required: 56 spaces (50 56 spaces (50 regular & 6 trailer) regular & 6 trailer) required BACKGROUND SUMMARY On January 25, 2018, Decatur Advisors, LLC submitted Planning Application No. PA18-0131, a Development Plan for a 2.2 acre Park & Ride and Trailhead facility with fifty standard parking spaces and six spaces for horse trailers located in Planning Area 33B of the Roripaugh Ranch Specific Plan 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 is located in the in Planning Area 33B of the Roripaugh Ranch Specific Plan on vacant land. The park & ride and trailhead facility will provide both a location for commuters to meet and join their carpool as well as a location for equestrian enthusiasts to park, prepare their animals for excursions, and enter the trail network which extends into the Sommers Bend development (formerly Roripaugh Ranch) to the west. Per the Specific Plan the project is required to provide the following amenities which the project does propose: - Fifty (50) park and ride parking spaces; - Six (6) parking spaces for trailers; - Security lighting; - Passive recreation area with benches and tables; - Informational kiosk; - Drinking fountains; - Water for equestrians; - Staging area for equestrians; and - Landscaping Access to the facility is off Nicolas Road and the exit from the facility is onto Fiesta Ranch Road. While a specific percentage of landscaping is not required per the Specific Plan, the project site is proposing 48% landscape coverage of the facility that includes sycamore, cottonwood, sagebrush, live oak, Christmas berry, and deer grass. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on February 7, 2019, and mailed to the property owners within a 600 -foot radius. ENVIRONMENTAL DETERMINATION The Roripaugh Ranch Specific Plan was formally adopted in 2002. An Environmental Impact Report (EIR) was prepared and certified on December 17, 2002 as part of this effort. Since that time, three separate Addendums to the EIRs have been prepared for the project area with the most recent adopted on January 23, 2018. The proposed project has been determined to be consistent with the previously adopted EIR and Addendums and therefore no further environmental review is required. (Section 15162, Subsequent EIRs and Negative Declarations). Staff has reviewed the EIR, the First Addendum to the EIR adopted on April 23, 2013, the Second Addendum to the EIR adopted on March 22, 2016, the Third Addendum to the EIR adopted on January 23, 2018, and has determined that the proposed project does not require the preparation of a subsequent Environmental Impact Report as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, there are no substantial changes proposed by the proposed project that will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; no substantial changes have occurred with respect to the circumstances under which the proposed project are undertaken that will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was adopted, showing that: (a) the proposed project will have one or more significant effects not discussed in the EIR; (b) there are significant effects previously examined that will be substantially more severe than shown in the EIR; (c) there are mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the proposed project, but the City declines to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative. The proposed project meets all requirements and mitigation contained in EIR and the Addenda to the EIR. FINDINGS Develoament Plan (Code Section 17.05.010.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 project consists of the construction of a park & ride and trailhead facility. The General Plan and Roripaugh Ranch Specific Plan allow for a park and ride facility at the project site. Therefore, the project is consistent with the General Plan for Temecula. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site and parking is consistent with, and intended to protect the health and safety of those working and living in an around the site as the project is consistent with the General Plan, Roripaugh Ranch Specific Plan, City Wide Design Guidelines, and Development Code. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. ATTACHMENTS 1. Aerial Map 2. Plan Reductions 3. Resolution 4. Exhibit A - Draft Conditions of Approval 5. 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PA18-0131, A DEVELOPMENT PLAN FOR A 2.2 ACRE PARK & RIDE AND TRAILHEAD FACILITY WITH FIFTY STANDARD PARKING SPACES AND SIX SPACES FOR HORSE TRAILERS LOCATED IN PLANNING AREA 33B OF THE RORIPAUGH RANCH SPECIFIC PLAN (APN 964-460-003), AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 25, 2018, Decatur Advisors, LLC filed Planning Application No. PA18-0131 a Development Plan in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on February 20, 2019, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA18-0131, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Development Plan hereby finds, determines and declares that: Development Plan, Development Code Section 17.05.010.17 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 project consists of the construction of a park & ride and trailhead facility. The General Plan and Ronpaugh Ranch Specific Plan allow for a park and ride and trailhead facility at the project site. Therefore, the project is consistent with the General Plan for Temecula. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the project, including the site and parking is consistent with, and intended to protect the health and safety of those working and living in an around the site as the project is consistent with the General Plan, Roripaugh Ranch Specific Plan, City Wide Design Guidelines, and Development Code. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15162, Subsequent EIRS and Negative Declarations); The Roripaugh Ranch Specific Plan was formally adopted in 2002. An Environmental Impact Report (EIR) was prepared and certified on December 17, 2002 as part of this effort. Since that time, three separate Addendums to the EIR have been prepared for the project area with the most recent adopted on January 23, 2018. The proposed project has been determined to be consistent with the previously adopted Roripaugh Ranch EIR and Addendums and therefore no further environmental review is required (Section 15162, Subsequent EIRs and Negative Declarations). Staff has reviewed the EIR, the First Addendum to the EIR adopted on April 23, 2013, the Second Addendum to the EIR adopted on March 22, 2016, the Third Addendum to the EIR adopted on January 23, 2018, and has determined that the proposed project does not require the preparation of a subsequent Environmental Impact Report as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, there are no substantial changes proposed by the proposed project that will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; no substantial changes have occurred with respect to the circumstances under which the proposed project are undertaken that will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was adopted, showing that: (a) the proposed project will have one or more significant effects not discussed in the EIR; (b) there are significant effects previously examined that will be substantially more severe than shown in the EIR; (c) there are mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the proposed project, but the City declines to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative. The proposed project meets all requirements and mitigation contained in EIR and the Addenda to the EIR. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-0131, a Development Plan for a 2.2 acre park & ride and trailhead facility with fifty standard parking spaces and six spaces for horse trailers located in Planning Area 33B of the Roripaugh Ranch Specific Plan (APN 964- 460-003), and makes a finding of exemption under the California Environmental Quality Act (CEQA), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of February, 2019. , Chairperson ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 19- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of February, 2019, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA18-0131 Project Description: A Development Plan for a 2.2 acre Park & Ride and Trailhead facility with fifty standard parking spaces and six spaces for horse trailers located in Planning Area 33B of the Roripaugh Ranch Specific Plan Assessor's Parcel No.: 964-460-003 MSHCP Category: Commercial DIF Category: N/A (no new square footage) TUMF Category: N/A (no new square footage) Quimby Category: N/A (non-residential) New Street In -lieu of Fee: N/A (project not located in Uptown Temecula Specific Plan area) Approval Date: February 20, 2019 Expiration Date: February 20, 2022 PLANNING DIVISION Within 48 Hours of the Approval Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers 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 Division 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 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 3. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three year 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. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to five extensions of time, one year at a time. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Roripaugh Ranch Specific Plan (SP#11). 6. Consistency with Development Agreements. The project and all subsequent projects within this site shall be subject to Development Agreement No. 2016 0156276 recorded on April 20, 2016. 7. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. SCH# 97121030. 8. Signage Permits. A separate building permit shall be required for all signage. 9. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development 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. 11. Burrowing Owl Study Submittal. A Burrowing Owl Study shall be submitted prior to plan check approval for the grading permit. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. 12. Water Quality and Drainage. 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. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 13. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 14. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 15. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. Prior to Issuance of Grading Permit 16. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development 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." 17. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. The agreement shall be in place prior to issuance of a grading permit. To accomplish this, the applicant should contact the Pechanga Tribe no less than 30 days and no more than 60 days prior to issuance of a grading permit. This Agreement will address the treatment and disposition of cultural resources, the designation, responsibilities, and participation of professional Pechanga Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered onsite. The Pechanga monitor's authority to stop and redirect grading will be exercised in consultation with the project archaeologist in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. 18. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and the qualified archaeologist and the Pechanga monitor shall investigate the find, and make recommendations as to treatment." 19. Archaeological Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property." 20. Tribal Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: "A Pechanga Tribal monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the project archaeologist and their designated monitors, to evaluate the significance of any potential resources discovered on the property." 21. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "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." 22. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 23. Burrowing Owl Grading Note. 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 Division 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." If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed. 24. Archaeologist Retained. Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified/City of Temecula approved archaeological monitor to monitor all ground -disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. The archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. The archaeologist shall provide a final monitoring report at the end of all earthmoving activities to the City of Temecula, the Pechanga Tribe and the Eastern Information Center at UC, Riverside. 25. Human Remains. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in these conditions. Prior to Issuance of Building Permit 26. Photometric Plan. The applicant shall submit a photometric plan, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. All exterior LED light fixtures shall be 3,000 kelvin or below. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. 27. Construction Landscapinq and Irrigation Pians. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. 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 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. 28. Landscaping Site InsPecti,ons. The Landscaping and Irrigation Plans shall include a note stating, "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 verify 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 Division to schedule inspections. 29. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 30. Water Usage Calculations. 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. 31. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail 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. 32. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "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 verify 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 Division to schedule inspections. 33. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 34. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 36. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 37. Utility Screening. 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 ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 38. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 39. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee -the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division 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 Director of Community Development, the bond shall be released upon request by the applicant. 40. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 41- Compliance with Conditions of Ag2rovai. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 42. Flood Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated January 31, 2018, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 43. Compliance with Geotechnical. The applicant shall comply with the recommendations set forth in the Geocon West, Inc. transmittal dated February 23, 2018, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 44. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 45. Entitlement Approval_ The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 46. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 47. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manual and as directed by Public Works. 48. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. from Public Works for public offsite improvements; b. from the Rancho California Water District ; and c. other affected agencies and or properties. 49. Street Improvement Plans. The developer shall submit public street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 50. Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10 -year storm event and/or is not contained within the street right-of-way for the 100 -year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. 51. Previous approvals. The Developer shall comply with all the underlying Conditions of Approval and shall remain in full effect unless superseded herein for: a. Roripaugh Ranch Specific Plan, b. Development Agreements as recorded on April 20, 2016, and c. Tentative Tract Map No. 29353 as approved on March 5, 2003 Prior to Issuance of a Grading Permit 52. Environmental Constraint Sheet fECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 53. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 54. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 55. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtmi 56. Water Quality Management Plan (,WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.TemeculaCA.gov/WQMP 57. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. The creation of new cross lot drainage is not permitted. 58. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 10 and 100 -year storm event for 24 hour storm duration peak flow) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. 59. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 60. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 61. Quitclaim. The Developer shall provide a copy of the recorded quitclaim document for the existing 10' wide Southern California Edison easement. 62. Abutter's Rights of Access. The developer shall vacate and dedicate the abutters' rights of access along Nicolas Road pursuant to the new driveway location. 63. Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public street improvements, as outlined below, in accordance to the Roripaugh Ranch Specific Plan and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Nicolas Road (Roripaugh Ranch Specific Plan Standard - 70' R/W) to include installation of half -width street improvements, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and raised landscaped median. 64, Street vacation. The Developer shall submit a right-of-way vacation document for review and approval. The Developer shall provide a copy of the recorded document prior to project completion. 65. Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 66. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. 67. American Disability Act. The developer shall ensure that all frontage areas to the proposed development within the public right of way are ADA compliant. Any sidewalk within the public right of way found to be non-compliant shall be the responsibility of the property owner to be removed and replaced with ADA compliant sidewalk per the Streets and Highway Code Section 5610. 68. Prior to Project Completion/Acceptance. The following shall be submitted/completed: a. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. b. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. c. As deemed necessary by Public Works, the developer shall receive written clearances/permits from applicable agencies such as Rancho California Water District and other affected agencies. d. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. Prior to Issuance of Encroachment Permit(s) 69. Public Utility Agency Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 70. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 71. Improvement_ Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by Public Works. 72. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City's Paving Notes. BUILDING AND SAFETY DIVISION General Requirements 73. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 74. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 75. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled parking, disabled access from accessible parking to trail head, picnic areas, and to the public way. 76. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below. 77. Street Addressing. Applicant must obtain street addressing for Park and Ride. 78. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 79. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 80. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 81. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 82. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating 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 Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 83. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, and irrigation pedestal. At Plan Review Submittal 84. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule. b. A precise grading plan to verify accessibility for persons with disabilities. Prior to Issuance of Grading Permit(s) 85. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. Prior to Issuance of Building Permit(s) 86. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 87. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 88. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2 '/2" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. (CFC Appendix C and Temecula City Ordinance 15.16.020). 89. Fire Dept. Flan Review. Final fire and life safety conditions will be addressed when 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 plan submittal. Prior to Issuance of Grading Permit(s) 90. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 91. Two Point Access. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5). 92. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 60,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310. 1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). POLICE DEPARTMENT General Requirements 93_ Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. 94. Tree Pruning. The 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. 95. Berm Height. Berms shall not exceed three feet in height. 96. Parkin Lot of Lighting. 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. 97, Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness. 98. Outdoor Lighting During Non -Business Hours. The 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 $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 99. Graffiti Removal. 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. 100, Public Telephones. 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. 101. ADA Parking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 102. Consumption of Alcoholic Bevefages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 103. Crime Prevention Through Environmental Design. 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. 104. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. JASON E. U14LEY General Manager -Chief Enginecr RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT January 31, 2018 City of Temecula Community Development Department 41000 Main Street Temecula, CA 92590 Attention: Scott Cooper Re: PA 18-0131 1995 MARKET STREET RIVERSIDE, CA 92501 95 1.955.1200 FAX 951.788.9965 www.rcflood.org 218821 The District does not usually review land divisions/land use cases or provide State Division of Real Estate letters/flood hazard reports for projects that are located within incorporated cities. Exceptions arc made for cases with items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). The District has not reviewed the proposed project in detail and the following comment do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: This project is located within the limits of the District's Murrieta Creek — Santa Gertrudis Valley Area Drainage Plan for which drainage fee has been adopted; applicable fees should be paid for by cashier's check or money order written out only to the Flood Control District or City prior to issuance of building or grading permits, whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. GENERAL INFORMATION This project may need to obtain an applicable National Pollutant Discharge Elimination System (NPDES) permit coverage from the State Water Resources Control Board or the California Regional Water Quality Control Board. Clearance for grading, recordation, or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped floodplain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain a Section 1601/1603 Agreement from the California Department of Fish and Wildlife and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 pen -nit. Very truly yours, MIKE, WONG 7— Engineering Project Manager c: Riverside County Planning Department Attn: Kristi Lovelady RM:blm IGEOCON W E S T, I N C. GEOTECHNICAL ■ ENVIRONMENTAL r MATERIALS fJ Project No. T2652-22-09 February 23, 2018 Leighton and Associates, Inc. 41715 Enterprise Circle North, Suite 103 Temecula, California 92590-5661 Attention: Mr. Simon Saiid, GE Subject: GEOTECHNICAL THIRD -PARTY REVIEW (PAI 8-0131) PROPOSED RORIPAUGH RANCH PARK AND RIDE (PA3313) (PN4002) RORIPAUGH RANCH, TEMECULA, CALIFORNIA Reference: Geotechnical Exploration Report, Proposed Roripaugh Ranch Park and Ride (PA 33B)(PN4002), Roripaugh Ranch, Temecula California, Project No. 10967.109 prepared by Leighton and Associates, Inc. on November 27, 2017. Dear Mr. Saiid: In accordance with the request of Mr. Scott Cooper with the city of Temecula, Geocon West, Inc. (Geocon) has completed a third -party review of the referenced geotechnical report prepared by Leighton and Associates, Inc. (Leighton). The purpose of the review is to present our opinion regarding the suitability of the study, conclusions, and recommendations provided within the referenced document. Geocon's review is based on County of Riverside Technical Guidelines for the Review of Geotechnical and Geologic Reports 2000 Edition, Riverside County Flood Control and Water Conservation District Design Handbook for Low Impact Development Best Management Practices dated September 2011, California Geological Survey Special Publication 117A, Guidelines for Evaluating and Mitigating Seismic Hazards in California and Note 49 dated 2008, and City of Temecula Standard Plans. PURPOSE AND SCOPE The scope services performed by Geocon for this geotechnical third -party review consisted of the following: + Review published geologic maps, referenced plans and geotechnical documents, and other literature pertaining to the site. • Evaluation of the suitability of the referenced geotechnical document for the planned park and ride facility. • Preparation of this third -party review letter. 41571 Corning Place, Suite 101 a Murrieta, California 92562-7065 ■ Telephone 951.304.2300 0 Fax 951.304.2392 SITE AND PROJECT DESCRIPTION A park and ride facility is proposed for a previously graded site located northwest of Nicholas Road (future) and Fiesta Ranch Road (future) west of the Roripaugh Valley residential development. The improvements will include an auto parking lot, horse trailer parking lot, picnic seating and restroom structure. Leighton stated that proposed grading will result in cut up to 10 feet in the western area of the site and fills up to 8 feet in the eastern area (exclusive of remedial grading). Remedial grading recommendations entail removal and compaction of the upper 2 feet of surface soils. GEOLOGIC CONDITIONS The eastern portion of the site was previously graded and contains approximately 15 feet of fill over Pauba Formational Bedrock at Boring LB -3. Pauba bedrock is mapped in the central and western portions of the site. Leighton has indicated that geologic hazards such as faulting, liquefaction, and slope stability are not design considerations for the project. CONCLUSIONS Based on our review of the referenced document, it is our opinion that the referenced geotechnical report adequately addresses the project design as presented. Additional information is not required, at this time, to conform to Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports (2000 Edition). Should you have any questions regarding this letter, or if we may be of further service, please contact the undersigned at your convenience. Very truly yours, GEOCON WEST, INC.��g�n�L GFS{ USA 1A, D v SAMATO No. 2310 CIEFMFIED LNC INEER1NG GEOWGIST .y! OP CAO i� Geocon Project No. T2652-22-09 - 2 - February Lisa A. Battiato` CEG 2316 LAB:CER:hd Chet E. Robinson GE 2890 (1) Addressee (1) City of Temecula Planning Department, Attn: Scott Cooper �'50FESSS. Fto �a� i0 No. 2eW 23, 2018 NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: CASE NO: PA18-0131 APPLICANT: Decatur Advisors, LLC PROPOSAL: A Development Plan for a 2.2 acre Park & Ride and Trailhead facility with fifty standard parking spaces and six spaces for horse trailers located in Planning Area 33B of the Roripaugh Ranch Specific Plan (APN 964-460-003) 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 15162, Subsequent EIRs and Negative Declarations) CASE PLANNER: Scott Cooper, (951) 506-5137 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: February20, 2019 TIME OF HEARING: 6:00 p.m. z z Q tf3t + 0 NIC005 RD A4 O Project Site�� 0 200 400 The complete agenda packet (including any supplemental materials) 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 Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a majority of the Commission 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 — TemeculaCA.gov — and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within 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 Commission 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. Questions? Please call the Community Development Department at (951) 694-6400.