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HomeMy WebLinkAbout060403 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 (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35,104 ADA Title II] CALL TO ORDER Flag Salute: Roll Call: PUBLIC COMMENTS AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE June 4, 2003 - 6:00 P.M. Next in Order: Resolution: No. 2003-036 Commissioner Mathewson Guerriero, Mathewson, Olhasso, Telesio and Chiniaeff A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commission about an item no.~t on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three (3) minute time limit for individual speakers. CONSENT CALENDAR 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. 1 Aqenda RECOMMENDATION: 1.1 Approve the Agenda of June 4, 2003 R:~PLANCOMl~Agendas~2003~06-04-O3.doc .. 1 2 Director's Hearina Case Update RECOMMENDATION: 2.1 Approve the Director's Hearing Case Update for May, 2003 COMMISSION BUSINESS 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. Continued from May 21, 2003 3 Plannin.q Application No.'s PA02-0605 (Power Center II) a Development Plan for the desi.qn and construction of a 9.24-acre commemial center with 20,500 square feet of retail space PA02-0606 (Krisp¥ Kreme) a Conditional Use Permit and Development Plan for a 4,000 square foot restaurant buildin.q with a drive-thru PA02-0607 (Islands Restaurant) a Development Plan for a 5,514 square foot restaurant located on the northwest corner of North General Kearny and Mar.qarita Roads in the Temecula Re.qional Center (aka Power Center II) (APN 910-130-087 thru -090, -092, & -096), Thomas Thornsley, Associate Planner RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 2003-.__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0605 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 9.24 ACRE COMMERCIAL CENTER WHICH INCLUDES TWO PROPOSED RETAIL BUILDINGS TOTALING 20,500 SQUARE FEET AND THREE CONCEPTUAL FUTURE RETAIL BUILDING PADS LOCATED WITHIN THE TEMECULA REGIONAL CENTER. ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, .KNOWN AS A~SSESSOR PARCEL NO.'S 910-130-087, 088, 089, 090, 092, AND 096. R:',PL~NCOMM~,gendas~003\06-04-03.doc 2 3.2 Adopt a resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CI'FY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0606 A CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 4,000 SQUARE FOOT RESTAURANT BUILDING WITH A DRIVE-THRU, ATA 9.24 ACRE COMMERCIAL CENTER WITHIN THE TEMECULA REGIONAL CENTER, LOCATED ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO. 910-130-092. 3.3 Adopt a resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0607 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 5,514 SQUARE FOOT RESTAURANT, ATA 9.24 ACRE COMMERCIAL CENTER WITHIN THE TEMECULA REGIONAL CENTER, LOCATED ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD; KNOWN AS ASSESSOR PARCEL NO. 910-130-096. New Items 4 Plannin.q Application No. PA03-0145 A request for a Substantial Conformance to chan.qe the approved material on office buildinqs at the Overland Corporate Center, located on the comer of Overland Drive and Mar.qarita Road within The Re.qional Center Specific Plan, Thomas Thornsley, Associate Planner. RECOMMENDATION: 4.1 Approve by Minute Action, a Substantial Conformance request to change the approved material for the base of the four approved office buildings at the Overland Corporate Center from authentic sandstone to faux finish sandstone. Planning Application No. PA03-0118 A Development Plan for the desiqn and construction of a 28,100 square foot retail store (Biq Lots) on an undeveloped portion of a 4.15 acre parcel within the Tower Plaza Center located on the west side of Ynez Road north of Rancho California Road (next to-Michael's) in the Tower Plaza Center (APN 921-260-030, Thomas Thornslev. Associate Planner. R:\PLANCOMM~Agendas~2003\06-O4-O3.doc 3 RECOMMENDATION: 5.1 Adopt a Notice of Exemption for Planning Application No. PA03-0118 (Development Plan) pursuant to Section 15332 of the California Environmental Quality Act; 5.2 Adopt a resolution entitled: PC RESOLUTION NO. 2003-.__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03,0118 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 28,100 SQUARE FOOT RETAIL BUILDING ON AN UNDEVELOPED PORTION OF A 4.15 ACRES PARCEL WITHIN THE TOWER PLAZA CENTER, LOCATED ON THE NORTHWEST CORNER OF YNEZ ROAD AND RANCHO CALIFORNIA ROAD, KNOWN AS ASSESSOR PARCEL NO. 921-260-030. 6 Plannin.q Application No. PA01-0648 A request for approval of a staff initiated Substantial Conformance to chanqe the Development Impact Fee cate.qory for Plannin.q Application No. PA01-0648, expansion of the Fountains at Temecula Senior Apartment Community, located on the northwest corner of Nicholas Road and Winchester Road Known as Assessor's Parcel Number 920-090-006, Thomas Thornsley, Associate Planner. RECOMMENDATION: 6.1 Approve by Minute Action, a staff initiated Substantial Conformance request for PA01- 0648 to change the Development Impact Fee category from Single Family Detached to Office and to delete Condition of Approval No. 110 COMMISSIONER'S REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next meeting: June 18, 2003 - Council Chambers 43200 Business Park Drive, Temecula, CA 92590 R:\PLAN C O M M'v~g end~s~2003~06-04-03 .doc 4 ITEM #2 TO: FROM: DATE: SUBJECT: CITY OFTEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM Planning Commission Debbie Ubnoske, Director of Planning June 4, 2003 Director's Hearing Case Update Planning Director's Agenda items for May 2003 May 15, 2003 PA03-0039 A residential TPM, to subdivide one Yvette A. Approved existing lot into three separate lots. Anthony May 15, 2003 PA03-0059 Tentative Commercial PM to create 3 legal Armstrong & Approved parcels out of 2 existing parcels onn 5.03 Brooks acres. Construction Engineering ~vlay 15, 2003 PA02-0703 111 detached single-family homes, ranging Greystone Continued from 2,891 sf. to 2,962 sf. with 3 different Homes to 5-22-03 plans and 3 amhitectural styles May 15, 2003 PA03-007 100 detached single-family homes ranging Lennar Approved from 2,200 sf. to 2,846 sr. with 3 different Homes plans and 3 architectural styles May22 2003 PA02-0703 111 detached single-family homes ranging Greystone Approved from 2, 891 sf. to 2, 962 sf. with 3 differentHomes plans and 3 amhitectural styles Attachments: 1. Action Agendas - Blue Page 2 p:\PLA N N ING~D1RHEA R~vl EMOX2003'uM ay 2003.memo.doc ATTACHMENT NO. 1 ACTION AGENDAS p:~LANN IN G~)IRHEARWIEM O~2003'~v~ ay 2003.memo.doc 2 ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING May 15, 2003 1:30 PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Don Hazen, Principal Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Principal Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Principal Planner about an item no_._J listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Principal Planner. When you are called to speak, please come forward and state your name and address. Item No. 1: Case No(s): Applicant: Location: Proposal: Environmental Action: Case Planner: Action: Planning Application PA03-0039 Tentative Pamel Map 31144 Yvette A. Anthony Located north of Santiago Road and south of Pauba Road at the bulb of the cul-de-sac, Avenida De San Pasqual, known as APN No. 945- 100-006. A residential Tentative Parcel Map, proposing to subdivide one existing lot into three separate lots. Negative Declaration per the California Environmental Quality Act. Dan Long Approved Item No. 2 Case No(s): Applicant: Location: Proposal: Environmental Action: Case Planner: Action: Planning Application PA03-0059 Tentative Pamel Map/Commercial Building 31169 Armstrong & Brooks Construction, Engineering Located Northwest of Old Town 42355 & 42682 Rio Nedo & 42374 Avenida AIvarado, known as APN No. 909-253-015 & 909-253-016. Tentative Commemial Pamel Map to create 3 legal parcels out of 2 existing parcels on 5.03 acres. Notice of Exemption per California Environmental Quality Act Article 19 Categorical Exemptions section 15315 class 15 Minor Land Division. Sid Pena Approved P:WLANNINGXDIRHEARXAgendas~2003\05-15-03 ACTION AGENDA.doc 1 ITEM NO. 3, Case No(s): Applicant: Location: Proposal: Environmental Action: Case Planner: Action: PA02-0703 Product Review Astoria Homes at Crowne Hill portions of Tracts 23143-10 -11 -F. PA03-007 Product Review Carlyle Homes at Crowne Hill Tracts 23143-8. PA02-0703 - Greystone Homes, Mary Anne Paradise PA03-007 - Lennar Homes, Peter Vanek Cmwne Hill Subdivision Tracts 23143-*, -10 thru Final, east of Butter[ield Stage Road south of Pauba Road along both sides of Cmwne Hill Drive. PA02-0703 Product Review for 111 detached single-family residential homes, ranging from 2,891 square feet to 2,962 square feet with 3 different plans and 3 amhitectural designs. PA03-007 Product Review for 100 detached single-family residential homes, ranging from 2,200 square feet to 2,846 square feet with 3 different plans and 3 architectural designs. Determination of Consistency with a project for which a Negative Declaration was previously adopted (Sec.15162 - Subsequent EIRs and Negative Declarations). Thomas Thornsley PA03-007 Approved PA02 Continued to May-22,2003 p:~PLANNI~IG~DIRHEAR'XAgendasX,2003\05-15-03 ACTION AGENDA.doc 2 ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING May22,20031:30PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Don Hazen, Principal Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Principal Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Principal Planner about an item no~t listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Principal Planner. When you are called to speak, please come forward and state your name and address. Item No. 1: Case No(s): Applicant: Location: Proposal: Environmental Action: Case Planner: Recommendation: PA02-0703 Product Review Astoria Homes at Cmwne Hill portions of Tracts 23143-10 -11 -F. Greystone Homes, Mary Anne Paradise Crowne Hill Subdivision Tracts 23143-*, -10 thru Final, east of Butterfield Stage Road south of Pauba Road along both sides of Crowne Hill Drive. The development of 111 detached single-family residential homes, ranging from 2,891 square feet to 2,962 square feet with 3 different plans and 3 amhitectural designs. Determination of Consistency with a project for which a Negative Declaration was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations). Thomas Thornsley Approved P:\PL~NNING'~DIRHEARXAgendas~2003\05-22-03 ACTION AGENDA.doc ITEM #3 CITY OFTEMECULA COMMUNITY DEVELOPMENTDEPARTMENT PLANNING DIVISION MEMORANDUM TO: FROM: DATE: Subject: Planning Commissioners Debbie Ubnoske, Planning Director June 4, 2003 PA02-0605 (Power Center II) a Development Plan for the design and construction of a 9.24-acre commercial center with 20,500 square feet of retail space. PA02-0606 (Krispy Kreme) a Conditional Use Permit and Development Plan for a 4,000 square foot restaurant building with a drive-thru. PA02-0607 (Islands Restaurant) a Development Plan for a 5,514 square foot restaurant. PREPARED BY: Thomas Thornsley, Associate Planner BACKGROUND: Based on the Commissioner's discussion of this project at a Workshop on May 7~h 2003, the applicant revised their plans to make most of the changes outlined in the conditions of approval. However, revised plans were received too late for review and comment prior to the May 21st Planning Commission Meeting and this item was continued to the June 4, 2003, meeting. ANALYSIS: Staff has reviewed the revised plans received on May 21,2002. These plans reflect the corrections the applicant was willing to address based on the original set of conditions of approval prepared for this project. Several of the conditions have been adequately addressed and have been removed. Other conditions were partially addressed and staff has amended those conditions of approval. The conditions addressing the removal of some parking in front of Buildings "A" and "B", the addition of accent landscaping in front of Buildings "A" and "B", and pedestrian access, for the most part, still remain th as discussed in the May 7 2003 staff report. Two small planters and two additional tree wells were installed at the edge of the plaza in front of Buildings A and B. Per staff, and the City's landscape amhitect, the two planters appear to be of an inadequate size to offer substantial landscaping enhancement or to create a noticeable focal point. 2. Enhance entries are now provided and staff is conditioning for placement continuity. A direct pedestrian/ADA path of travel is now provided to Buildings A and B. However, a more direct pedestrian/ADA path of travel is still needed to Building G and to the Ring Road. R:~D P~2002~02-0605 Power Center II,PC cover memo 6-4~03.doc 1 9. 10. 11. 12. The alignment of the west driveway on the Mall Entry Drive still needs a better alignment to avoid traffic conflicts. Work limit lines still need to agree with location of the top of slope once defined on the gra,-ling plan. A three foot high retaining wall has been provided directly behind the parking lot curb between Buildings F and G to aid in raising the Landscape Development Zone to more effectively screen the parking lot. However, this wall should be moved a few feet away from the back of curb to be consistent with the Regional Center Specific Plan, staff recommends this curb be installed as a plantable crib wall so that it is effectively absorbed into the landscaping. The external mounted utility room on Building B has been effectively designed into the building. However, the utility room on Building A must be internalized. The modifications to the building elevation still leave this item appearing as an unacceptable appendage to the exterior of the building. ThE: design of the driveway entries should have better consistency. More interesting landscape elements are needed on both ends of the frontage along the Mall Ring Road and on both sides of the driveway entry. ThE: grading plan has not been amended to show grades of 4:1 along the internal streetscape, nor have contours lines been provided beyond the streetscape setbacks. Th(; landscape plans need to include permanent landscaping to the top edge of all slopes in the area proposed for development in later phases. There is a retaining wall at the first curve of the drive-thru land for Krispy Kreme that maintains the drive-thru at a four-foot height above the adjacent driveway without sufficient room for landscape screening. Staff is recommending that modifications be made during plan check. RECOMMENDATION: Staff believes that most of these outstanding items can be addressed during plan check and recommends the projects be approved subject to the attached conditions of approval. R:~D P'~.002\02-0605 Power Center II\PC cover memo 6-4-03.doc Attachments 1, PC Resolution No. 2003- 3. 4. 5. 6. - Blue Page 4 Exhibit A - Revised Conditions of Approval - Blue Page 5 PC Resolution No. 2003- - Blue Page 6 Exhibit A - Revised Conditions of Approval - Blue Page 7 PC Resolution No, 2003- - Blue Page 8 Exhibit A - Revised Conditions of Approval - Blue Page 9 Staff Report - Blue Page 10 R:~D P~2002~2-0605 Power Center linc cover memo 6-4-03.doc 3 ATFACHMENT NO. 1 PC RESOLUTION NO. 2003- R:~D P',2002~2-0605 Power Center II\PC cover memo 6-4-03,doc 4 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0605 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 9.24 ACRE COMMERCIAL CENTER WHICH INCLUDES TWO PROPOSED RETAIL BUILDINGS TOTALING 20,500 SQUARE FEET AND THREE CONCEPTUAL FUTURE RETAIL BUILDING PADS LOCATED WITHIN THE TEMECULA REGIONAL CENTER ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO.'S 910- 130-087, 088, 089, 090, 092, AND 096. WHEREAS, Jack Tarr, Diversified Investment Co., filed Planning Application No. PA02- 0605, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA02-0605 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA02-0605 on June 4, 2003, at duly noticed public hearings 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; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA02-0605; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. The Planning Commission, in approving Planning Application No. 02-0605 hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal is consistent with the land use designation and policies reflected for Community Commercial (CC) development in the City of Temecula General Plan, as well as the development standards forthe Temecula Regional Center Specific Plan (SP-7) and the CityofTemeculaDevelopmentCode. Thesiteisthereforeproperlyplannedandzonedand found to be physically suitable for commercial retail and restaurant uses. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. R:\D P~002\02-0605 Power Center II\COA revised for 6-4-03 PC.doc The architecture proposed for the office is consistent with the Architectural requirements as stated in the Temecu/a Regional Center Specific Plan (SP- 7) and Design Guidelines and the Commercial Performance Standards of the Development Code. The project has been reviewed for, and as conditioned, can be 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 we/fare. The overall design of the project, including the site, building, parking, cimulation and other associated site improvements, is consistent with and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Section 3. Environmental Compliance A Notice of Determination for Planning Application No. 02-0605 was made per the California Environmental Quality Act Guidelines Section 15162. This section applies when an Environmental Impact Report (EIR) has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless there are substantial changes not discussed or examined in the EIR. Section 4. Conditions That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA02-0605, a Development Plan to design, and construct a commercial center (Power Center II) with multiple pad sites for separate development and two single story multi-tenant buildings totaling 20,500 square feet on a 9.24 acre lot on the northwest corner of North General Kearney Road and Margarita Road, and known as Assessor Parcel Nos. 910-130-087 thru -090, -092, & -096. The Conditions of Approval are contained in Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 4th day of June 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary {SEAL} R;~3 P~2002\0;[~0605 Power Center II\COA revised for 6-4-03 PC.doc 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2003-. was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 4~ day of June 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\D P~002\02-0605 Power Center II\COA revised for 6-4-03 PC.doc 3 EXHIBIT A CONDITIONS OF APPROVAL R:~D P~2002~02-0605 Power Center II'~PC cover memo 6-4-03.doc $ EXHIBIT A CITY OF TEMECULA CONDITIONS OFAPPROVAL Planning Application No. PA02-0605 (Development Plan) Project Description: A Development Plan for the design, construction and operation of a commercial center (Power Center II) with seven pad sites for separate development and two single story multi-tenant buildings totaling 20,500 square feet on a 9.24-acre lot, on the west side of Margarita Road just north of the northwest corner of North General Kearney Road and Margarita Road. DIF Category: $2.00 per square foot (pursuant to the Development Agreement for the Promenade Mall Project PA96-0333) Assessor Parcel No.: 910-130-087 thru -090, -092, & -096 Approval Date: June 4, 2003 Expiration Date: June 4, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Community Development Department - Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements o The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appea board or egis ative body inc uding 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 R:\D P~2002\02-0605 Power Center II\COA revised for 6-4-03 PC.doc 5 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. Thi,,~ approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. Thc, applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program for the Temecula Regional Center Specific Plan. The applicant shall comply with the Conditions of Approval for Planning Application No. 97- 0118 (Promenade Mall) and the Conditions of Approval for the Temecula Regional Center Specific Plan unless superceded by these Conditions of Approval. The development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan), contained on file with the Planning Department. Additionally, within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 set,'; of revised plans addressing the following: a. Remove a sufficient number of parking stalls in front of all the buildings to allow for the installation of enhancing elements such as decorative paving, landscaping, and pedestrian amenities in as effort create entry statements to each facility. b. Additional planters shall be designed into the plaza fronting Pads A & B to enhance and soften the hardscape and building walls. Some of these planters shall be raised to serve as pedestrian friendly seating areas. c. Provide continuity to the placement of the enhanced sunray pattern paving at the entries and the concrete spheres. d. Landscape planters utilized to house fire or utility equipment shall be enlarged to accommodate the intended landscaping. e. A more direct ADA path shall be provided from Margarita Road to Pad "G". f. The ADA path through the center of the site shall be connected to the Ring Road upon completion of the first phase of development. g. Work limit areas shall be adjusted to lie behind all perimeter streetscape areas and to the top of all slopes shown on the grading plans or as finished on the site. h. All site plotting within the work limit areas are considered conceptual. Any development within these areas will be subject to separate review by the Planning Commission. i. The west driveway off the Mall Entry Drive and the internal drive aisle shall be better aligned to better serve vehicular traffic flow and avoid head-on conflicts. j. The three-foot high retaining wall between Pads F & G along the Margarita Road frontage shall be moved away from the curb several feet and constructed as a plantable crib wall. The area between this wall and the back of sidewall shall be bermed to raise the streetscape landscaping to aid in screening the parking lot. k. The diamond planters shall have a minimum inside clearance of five feet (5'). R;~D P~2002~02-0605 Power Center II\COA revised for 6-4-03 PC.doc 6 10. p. q. r. The parking of delivery vehicles shall not be permitted on site along the Margarita Road frontage. There shall be no storage or parking of delivery vehicles within this project site as per the Temecula Regional Center Specific Plan (Sec IV.C.10. 1 .). The retaining wall between Pad C and the mall Ring Road shall be removed from all plans. The design of the "decorative paved concrete" shall be subject to review and approval by Planning prior issuance of building permit All ground mounted utility/mechanical equipment shall not be placed in prominent locations visible to the public. This equipment shall be screened from view. Per the Temecula Regional Center Specific Plan and the Design Guidelines, the double detector check assembly must be installed underground. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of the transformer and the double detector check prior to final agreement with the utility companies. Parking lot lights shall be of a type consistent with the standards used throughout the Mall, which have been a dark bronze, round tapered pole with a mounded height of twenty (20) feet. The site lighting plan shall be approved by the Planning Department prior to installation. Any outside wall-mounted lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. Details of these lights shall be submitted to the Planning Department during plan check for review prior to installation. The installation of wall pack style light shall not be used along the street side elevation. Building elevations shall substantially conform to the approved Exhibits "E-1 and E-2" (Building Elevations), contained on file with the Community Development Department - Planning Department. Within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: a. The externally mounted utility rooms on the outside of Shops "B" shall be internalized. b. Show and label all utilities on the site and landscape plans and provide approprime screening and enlarge planter areas when necessary to achieve the required screening. Provide a 3' clear zone around fire check detectors as required by the Fire Department before installing the screen. Please group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. c. All mechanical and roof-mounted equipment shall be hidden by building elements that were designed for that purpose as an integral part of the building. When determined to be necessary by the Director of Planning, the parapet will be raised to provide for this screening. The construction plans shall indicate the application of painted rooftop addressing plotted on a 9-inch grid pattern with 45-inch tall numerals spaced 9-inch apart. The numerals shall be painted with a standard 9-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. R:~D P~2002~02-0605 Power Center II\COA revised for 6-4-03 PC.doc 7 11. 12. 13. ThE: modified Landscaping Plan shall conform to the approved Exhibit"G" (Landscape Plan). Within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: a. Streetscape design consistency and entries that offer a definable statement shall be integrated into the plans as required by the specific plan. All four entries should have a consistent or well-defined design. b. The corner landscaping at both ends of the project frontage along the Mall Ring Road shall utilize an enhanced design element from the back of sidewalk to the top of slope. c. Those areas along the internal streetscape that are required to be planted in turf shall not have a grade in excess of 4:1. d. The landscape plan must be revised to include landscaping from the back of the streetscape planting to the top of all slopes leading up to future building pads.. e. Perimeter landscaping shall be installed around the entire site with the completion of the first phase of development. This perimeter landscaping shall include all streetscape areas and slopes visible from the surrounding roadway. f. The landscaping planters on the west elevation of the Pad G building shall include a mix of shrubs and/or small trees. g. As per the Citywide Design Guidelines, 36" box trees shall be utilized to created focal points, define entries and otherwise offer variation to the overall landscaping design. The mix of trees shall be as follow; 20% at 36 inch box, 30% at 24 inch box, and 50% at 15 gallon. h. Modifications recommended in the letter dated April 19, 2003 by the City's landscape architect, for the landscape plan's consistency with the Temecula Regional Center Specific Plan, shall be completed prior to the submittal of construction landscape plan. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning 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. The Grading Plan shall conform to the revised Conceptual Grading Plan. Within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: a. The grading plan shall be amended to show all required turf planting areas at no more than a 4:1 maximum slope witt~in the 15 feet planting area behind the sidewalk along North General Kearny Road, the 10 feet behind the sidewalk along the Mall Ring Road, and the 10 feet behind the sidewalk along the Mall Access Drive. b. The grading plan shall be revised to show finish grade contour lines on one-foot increments for verification of slope grades throughout the site and to determine where grading conflicts will occur between building pads, landscaping, and existing grades. R:\O P~2002\02-0605 Power Center II\COA revised for 6-4-03 PC.doc 8 Per the Regional Center Specific Plan, all retaining walls shall be limited to three (3) feet in height. No walls are permitted within the areas reserved for streetscape landscaping. 14. The colors and materials for this project shall substantially conform to the following list of approved colors and materials and with the Color and Material Board (Exhibit H) contained on file with the Planning Department. Any deviation from the approved colors and materials shall require approval of the Director of Planning. Material Windows, doors Wall face Wall face and cornices Wall face Wall base Tower Walls Metal louver awning Wall columns Trellises columns Trellises and rafters Roofing Finish & Color Anodized aluminum storefront - clear glazing fine sand float stucco-BM 2161-40 Antique Rose fine sand float stucco-BM 2173-70 Woodland Snow fine sand float stucco-BM 2153-60 Rich Cream heavy dash stucco-BM 2161-50 Yellow Squash fine sand float stucco-BM 2172-40 Raspberry Parfait BM AC-19 Homestead Green Valley El Dorado Rustic Stone Veneer - Sequoia Rustic Ledge CDI - ST8 W030 split - Oatmeal Wood - California Rustic Concrete roof tiles Eagle Roofing Tile 5087 - gray/brown range Prior to the Issuance of Grading Permits 15. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 16. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. 17. The applicant shall revise Exhibits "D, E, F, G, and H", (Site Plan, Elevations, Landscape, Grading Plan, Color and Material Board) to reflect the final Conditions of Approval and submit five (5) full size copies prior to the submittal of any plans for plan check. 18. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and of the colored version of approved Exhibit "H", the colored architectural elevations to the Planning Department for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 19. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 20. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval. These plans shall conform substantially with the approved Exhibit "F", or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: R:'J3 P~2002~02-0605 Power Center II',COA revised for 6-4-03 PC.doc 9 ao Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). One (1) copy of the approved grading plan. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Total cost estimate of plantings and irrigation (in accordance with the approved plan). A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. Prior to the Issuance of Occupancy Permits 21. 22. 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 Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for 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 Planning, the bond shall be released upon request by the applicant. 23. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning 909 696-3000." 24. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 sqLJare feet in size. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. R:\D P~2.002\02-0605 Power Center II\COA revised for 6-4-03 PC.doc 10 DEPARTMENT OF PUBLIC WORKS 25. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 23. A Grading Permit for a precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 24. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 25. All improvement plans, grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 26. The driveway on Margarita Road shall be restricted to right-in/right-out movements. Prior to Issuance of a Grading Permit 27. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 28. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 29. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 30. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. 31. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identity impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. R:~D P~2002~02-0605 Power Center II~COA revised for 6-4-03 PC.doc 32. 33. ThE; Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Planning Department b. Department of Public Works 34. 35. 36. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation Distdct by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. Prior to Issuance of a Building Permit 37. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works, The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A, c. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400.401 and 402. 38. The Developer shall construct the following public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public works. a. Street improvements, which may include, but not limited to: pavement, sidewalk, and drive approaches. 39. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 40. The Developer shall obtain an easement for ingress and egress over the adjacent property. 41. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.O6 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06 or as amended by the Temecula Regional Center Development Agreement. R:~D P~2002~2-0605 Power Center II\COA revised for 6-4-03 PC,doc 12 42. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of a Certificate of Occupancy 43. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 44. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 45. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. BUILDING & SAFETY DEPARTMENT 46. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 47. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 48. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 49. Obtain all building plans and permit approvals prior to commencement of any construction work. 50. Obtain street addressing for all proposed buildings prior to submittal for plan review. 51. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 52. Provide house electrical meter provisions for 3ower for the operation of exterior lighting, fire alarm systems. 53. Restroom fixtures, number and type, to be ~n accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. R:~D P~2002\02-0605 Power Center II\COA revised for 6-4-03 PC.doc 13 54. 55. 56. 57. 58. 59. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Provide electrical plan including Icad calculations and panel schedule, plumbing schematic and mechanical plan for plan review. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. Provide precise grading plan at plan check submittal to check for handicap accessibility. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. 60. 61. Show all building setbacks. Signage shall be posted conspicuously at the entrance to the project that indicates the houm of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a,m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays FIRE DEPARTMENT 62. 63. 64. 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. Within 30 days of approval and prior to any building permits being issued, the applicant must provide to the fire prevention bureau a revised site plan, floor plan and other drawings and documents to address all corrections listed on previous correction letters, acceptable to the Chief. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 3000 GPM at 20-PSI residual operating pressure, plus an assumed sprinkler demand of 1850 G PM for a total fire flow of 5850 GPM with a 3 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix iii-A) 65. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Iii-B, Table A-Ill-B-1. A minimum of 3 hydrants, in a combination of on-site and off- sit(; (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 400 feet apart, at each R:~D P~2002~02~)605 Power Center II~COA revised for 6-4-03 PC.doc 14 66. 87. 68. 69. 70. 71. 72. 73. 74. 75. 76. intersection and shall be located no more than 225 feet frem any point on the street or Fire Department access read(s) frontage to an hydrant. The required fire flow shall be available frem any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B). As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an appreved reute around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2) If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access reads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) The gradient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the, Fire Prevention Bureau. (CFC 902.2.1) Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for appreval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, and spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the apprepriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Pretection Association 24 1-4.1 ) Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be R:~D P~002\02-0605 Power Center II\COA revised for 6-4-03 PC,doc 15 plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall have a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 77. 78. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 79. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and in a location as approved on the final site and floor plans. (CFC 902.4) .80. 81. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. Prior to the building final, speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81) 82. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or abovegreund 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 7901.3 and 8001.3) Special Conditions 83. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, NFPA - 13, 24, 72 and 231-C. 84. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 85. If there are changes to underlying maps then prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centedine information. The R:~D P~2002~02-O605 Power Center ll\COA revised for 6-4-03 PC.doc 16 electronic file will be provided in an ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. 86. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 87. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) COMMUNITY SERVlCES DEPARTMENT General Conditions 89. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 90. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 91. All parkways, landscaping, on-site lighting and fencing shall be maintained by the property owner or maintenance association. Prior to Issuance of Building Permits 92. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. OTHER AGENCIES 93. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated November 18, 2002, a copy of which is attached. 94. The applicant shall comply with the recommendations set forth in the Riverside County Department of Environmental Health transmittal dated November 18, 2002, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Commission approval. Applicant's Signature Name printed Date R:~D P~002~02-0605 Power Center JI\COA revised for 6-4-03 PC.doc 17 Serv~ce~ ~u~er November 18, 2002 Thomas Thomsley, Case Planner~0~J 2 0 2002 City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY FOR PARCELS NO. 9, NO. 10, NO. 11, NO. 12, AND NO. 13 OF PARCEL MAP 28530-2; APNS 910-130-087 THROUGH 910-130-090; 910-130-092 AND 910-130-096; PLANNING APPLICATION NO. PA02-0605 Dear Mr. Thornsley: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and .requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management fights, if any, to RCWD. This project has the potential to become a commercial condominium site with individual building owners, and a homeowners' association maintaining the common property and private water and fire protection facilities. As a condition of the project, RCWD requires that the City include a Reciprocal Easement and. Maintenance Agreement for these on-site private water facilities. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CAI JFORNIA WATER DISTRICT Steve Brannon; PiE: · Development Engineering Manager 02~B :mc 102'~012-T6'I=CF Laurie Williams, Engineering Services Supervisor Bud Jones, Senior Engineering Technician DEPARTMENT OF ENVIRONMENTAL HEALTH November 18, 2002 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Thomas Thomsley RE: Plot Plan No. PA02-0605 Dear Mr. Thornsley: The Department of Environmental Health has reviewed the Plot Plan No. PA02-0605 commercial site for multiple building pads to build retail and restaurants and we have no objections. Sanitary sewer and water servi6es are available in this area. 2. PRIOR TO ANY BUILDING PLAN CHECK APPROVAL for Environmental Health clearance, the following items are required: a) "Will-serve" letters from the appropriate water and sewering agencies. b) Three complete sets of plans for each food establishment (to include vending machines) will be submitted, including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform R~tail Food Facilities Law. For specific reference, please contact Food Facility Plan examiners at (909) 600-6330). Sincerely, ~'~Martin~ronraental Health Specialist (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. :.ocal Enl~orcement A~enc~.*:p.o. Box 1280, RiverSide, CA 92502-1280 * (909) 9SS-898~ ? FAX (909) 781-9653 ~' 4080 Lemon Street, 9th FleXor, paved!de, cA 92501 . } ~nd Use and Water Engir;e~ting * POi Box 1206. Riverside. CA 92502-1206 * (909) 955-8980* FAX (909) 9554~903 * 4080 Lemon Smaet. 2nd Floorl Riverside, CA 92501 APR g i 2003 April 19, 2003 Mr. Thomas Thomsley CITY OF TEMECULA Commulfity ]Development Department 43200 Business Park Drive Temecula, California 92589-9033 PA02-0605 - Power Center II Temecula Regional Center - Margarita Road & North General Kearny Road I have reviewed the revised conceptual landscape plans for the above referenced project and have attached recommended conditions of approval. I will charge a plan check fee of $250 for this review. I strongly recommend that revised plans be provided by the applicant for review by staffprior to taking this project to the Planning Commission. Plans need many modifications that may cause additional comments prior to approval. Should you have any questions, please feel fxee to contact my office. Sinc e¢, PEL4. Michael G. Elliott Landscape Architect, No. 2011 attachments: red line plans digilal copy (sent e-mail) ¢:~Vlyfilea~City of T emecula Plan Checks~Planning~2002 Planning Plan Checks\02-0605a 637 Arden Dr~,e o Encinitas. California o 92024 o (760) 944-8463 CONCEPTUAL REVIEW Landscape plans shall be modified per the City red-lined plans and the following conditions: 10. 11. 12. 13. arch ........................................vt' ......J ...... .,. pr ec azlng ........ r~ r ........ ~' .......... o ......... ~-~ r ....... ~ ..... ~ The plating pl~ shall be revised as requ~d to coordinate with proposed ~ading plans. Retaining w~ls and all 3:1 ~d greater slopes shall be shown oa the l~dscape pl~s. A minimum 5' width pl~ter shall be provided at the back of ~e re~ining wall along ~e Mall Loop Road to ~e no~ of ~e No~ Gener~ Kemy Road en~ce to ~low for screening of ~e driveway located at ~e top of the wall. ~e ret~ing wall reaches a height of 5.6'. A reining wall shall be provided 5' off of the proposed p~g ~ea, along M~g~ta Road, as requked to allow l~dscaping between ~e wall ~d the s~eet sidewalk to be raised to a level visible from M~g~ Road. The l~dscape shall be at ~ elevation such that screen s~bs screen · e p~king ~eas ~om M~g~ta Road. Evergreen trees and screen shrubs shall be installed to provide year round interest along building elevations. California Pepper trees shall be used along M~gafita Road to provide s~eet scene continuity with the existing development to the south. Landscape and grading plus shall be coord~ated to allow me~dedng mff platings along M~g~ta Road. M~imum slope for mff ~eas shall be 4:1. PA02-0605 - Power Center 11 Conceptual Plan Check April 19, 2003 Page 3 14. 15. 16. 17. Coordinate grades at the middle entry off of Margarita Road to insure all landscaping is at grade with Margarita Road to the rear of the shrubs behind the concrete spheres. Additional l~dscape ~ea to include ~ees, s~bs ~d ~ound covers shall be provided in ~e following ~e~ as approved by ~e City: c. Building G - North ~d west sides 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. All utilities shall be shown on the landscape plans and shall be appropriately screened from view as approved by the City. Minimum tree sizes shall be provided at the following minimum ratio as required by the City-Wide Design Guidelines: 20% @ 36" box, 30% @ 24" box, 50% @ 15 gallon. Landscape and irrigation shall meet all requirements of the City of Temecula Development Code Chapter 17.32. ATFACHMENT NO. 2 PC RESOLUTION NO. 2003- R:~D P'~2002\02-0605 Power Center II\PC cover memo 6-4-03.doc PC RESOLUTION NO. 2003-.__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0606 A CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 4,000 SQUARE FOOT RESTAURANT BUILDING WITH A DRIVE-THRU, ATA 9.24 ACRE COMMERCIAL CENTER WITHIN THE TEMECULA REGIONAL CENTER, LOCATED ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO. 910-130-092. WHEREAS, Jack Tarr, Diversified Investment Co., filed Planning Application No. PA02- 0606, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA02-0606 was processed including, but not limited to public notice, in the time and manner proscribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA02-0606 on June 4, 2003, at duly noticed public hearings as proscribed 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; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA02-0606; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above rocitations are true and correct and are hereby incorporated Section 2. Findinqs - Development Plan. The Planning Commission, in approving Planning Application No. PA02-0606 hereby makes the following findings as requirod by Section 17.05.010.F of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal for a drive-thru restaurant is consistent with the land use designation and policies reflected for Community Commercial (CC) development in the City of Temecula General Plan, as well as the development standards for the Temecula Regional Center Specific Plan (SP-7) and the City of Temecula Development Code. The site is therefore properly planned and zoned and found to be physically suitable for commercial retail and restaurant uses. health, B. The overall development of the land is designed for the protection of the public safety, and general welfare. The architecture proposed for the restaurant is consistent with the Architectural requirements as stated in the Temecula Regional Center Specific Plan (SP-7) and Design R:~D P~2002~02-0605 Power Center II\COA revised for 6-4-03 PC.doc 19 Guidelines and the Commercial Performance Standards of the Development Code. The project has been reviewed for, and as conditioned, can be 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. Findings - Condition Use Permit. The Planning Commission, in approving Planning Application No. 02-0606 hereby makes the following findings as required by Section 17.04.010E of the Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code. Thc~, proposed conditional use permit is consistent with the underlying site plan for this project, the City of Temecula General Plan and the applicable sections of the Development Code, and the Municipal Code. B. The proposed conditional use is compatible.with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. The proposed conditional use permit, with conditions, is consistent with the City of Temecula General Plan and the applicable sections of the Development Code, and the Municipal Code. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscaping and other development features proscribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The proposed conditional use meets the zoning requirements for integration into the surrounding commercial developments. D. The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community. Previsions are made in the General Plan, the Regional Center Specific Plan, and the Development Code to ensure that the public health, safety, and welfare are safeguarded with the operation of the drive-thru facilities. The project is consistent with these documents and will be conditioned to meet all applicable requirements. E. The decision to conditionally approve the conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council. The project has been completely reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. Section4. Environmental Compliance. A Notice of Determination for Planning Application No. 02-0606 was made per the California Environmental Quality Act Guidelines Section 15162. This section applies when an Environmental Impact Report (EIR) has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless there are substantial changes not discussed or examined in the EIR. R:~D P~002V32-0605 Power Center II\COA revised for 6-4-03 PC.doc 20 Section 5. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA02-0606, a Conditional Use Permit for the design and construction of a 4,000 square foot restaurant building with a drive-thru, at a 9.24-acre commemial center within Temecula Regional Center located on the northwest comer of North General Keamey Road and Margarita Road, known as assessor parcel no. 910-130-092. The Conditions of Approval are contained in Exhibit A. Section 6. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 4th day of June 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary {SEAL} STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2003-. was duly and regularly adopted by the Planning Commission of the th City of Temecula at a regular meeting thereof held on the 4 day of June 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:~D P~_002~02-O605 Power Center II\COA revised for 6-4-03 PC.doc 21 EXHIBIT A CONDITIONS OF APPROVAL R:\D P~002\02-0605 Power Center II\PC cover memo 6-4-03.doc 7 EXHIBIT A CITY OF TEMECULA CONDITIONS OFAPPROVAL Planning Application No. PA02-0606 (Conditional Use Permit; Development Plan). Project Description: Conditional Use Permit for the design and construction of a 4,000 square foot restaurant building with a drive- thru, at a 9.24-acre commercial center within Temecula Regional Center located on the northwest corner of North General Kearney Road and Margarita Road, known as assessor parcel no. 910-130-092. DIF Category: $2.00 per square foot (pursuant to the Development Agreement for the Promenade Mall Project PA96-0333) Assessor Parcel No.: 910-130-092 Approval Date: June 4, 2003 Expiration Date: June 4, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashiefs check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Community Development Department - Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate R:~D P~2002~D2-0605 Power Center II\COA revised for 6-4-03 PC.doc 23 full:/in the defense of the action. The City reserves the right to take any and all action the Cib,! deems to be in the best interest of the City and its citizens in regards to such defense. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program for the Temecula Regional Center Specific Plan. Th(; applicant shall comply with the Conditions of Approval for Planning Application No. 97- 0118 (Promenade Mall) and the Conditions of Approval for the Temecula Regional Center Specific Plan unless superceded by these Conditions of Approval. The development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan) under PA02-0605, contained on file with the Planning Department. Additionally, within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: a. The parking of delivery vehicles shall not be permitted on site along the Margarita Road frontage. b. There shall be no storage or parking of delivery vehicles within this project site as per the Temecula Regional Center Specific Plan (Sec IV.C.10.1 .), except within the two designated spaces near the rear of the building. c. The exact design and finish of the "decorative concrete" shall be subject to reviewed and approved by Planning prior issuance of building permit. d. All ground mounted utility/mechanical equipment shall not be placed in prominent locations visible to the public. This equipment shall be screened from view. e. Per the Temecula Regional Center Specific Plan, the double detector check assembly must be installed underground. f. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of the transformer and the double detector check prior to final agreement with the utility companies. Parking lot lights shall be of a type consistent with the standards used throughout the Mall, which have been a dark bronze, round tapered pole with a mounded height of twenty (20) feet. The site lighting plan shall be approved by the Planning Department prior to installation. Any outside wall-mounted lighting shall be hooded and directed so as not to shine directly upen adjoining property or public rights-of-way. Details of these lights shall be submitted to the Planning Department during plan check for review prior to installation. The installation of wall pack style light shall not be used along the street side elevation. Building elevations shall substantially conform to the approved Exhibits "E-1 and E-2" (Building Elevations), contained on file with the Community Development Department - Planning. Additionally, within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: R:\D P~2002\O2-0605 Power Center II\COA revised for 6-4-03 PC.doc 24 Co The screen wall along the upper portion of the raised parapet, of the building on Pad G, shall be finish consistent to the adjacent walls and shall include stucco and cornice treatments. The spandrel glass windows on the east and west elevations, of the building on Pad G, shall not be black or otherwise dark glass,' which creates a negative space appearance to the building. Alternatively, these windows could be used for some sort of display relevant to the business. All mechanical and roof-mounted equipment shall be hidden by building elements that were designed for that purpose as an integral part of the building. When determined to be necessary by the Director of Planning, the parapet will be raised to provide for this screening. 10. 11. The Landscaping Plan shall substantially conform to the approved Exhibit "F" (Landscape Plan) under PA02-0605, contained on file with the Community Development Department - Planning. Additionally, within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: a. The landscaping planters on the west elevation of the Pad G building shall include shrubs and small trees. b. Modifications recommended in the letter dated April 19, 2003 by the City's landscape architect, for the landscape plan's consistency with the Temecula Regional Center Specific Plan, shall be completed prior to the submittal of construction landscape plan. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning 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. 12. The colors and materials for this project shall substantially conform to the following list of approved colors and materials and with the Color and Material Board contained on file with the Planning Department. Any deviation from the approved colors and materials shall require approval of the Director of Planning. Material Windows, doors Wall cornices Wall face Wall base Metal awning Trellises columns Trellises Finish & Color Anodized aluminum storefront - clear glazing sand float stucco-BM 2161-50 Yellow Squash sand float stucco-BM 2153-60 Rich Cream Valley El Dorado Rustic Stone Veneer - Sequoia Rustic Ledge Aluminum Wood and Stone Veneer - Sequoia Rustic Ledge BM 2161-50 Yellow Squash Prior to the Issuance of Grading Permits 13. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. R:~D P~002~02-0605 Power Center II\COA revised for 6-4-03 PC.doc 25 14. The, applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. 15. The applicant shall revise Exhibits "D, E, F and G", (Site Plan, Elevations, Landscape Plan, Color and Material Board) to reflect the final Conditions of Approval and submit five (5) full sizE, copies prior to the submittal of any plans for plan check. 16. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and of the colored version of approved Exhibit "H", the colored architectural elevations to the Planning Department for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 17. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 18. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval. These plans shall conform substantially with the approved Exhibit "F", or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with the approved plan). e. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. Prior to the Issuance of Occupancy Permits 19. 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 Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 20. Pedormance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for 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 Planning, the bond shall be released upon request by the applicant. R;~D P~2002~02-0605 Power Center ll\COA revised for 6-4-03 PC.doc 26 21. 22. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of pomelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning 909 696-3000." In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. DEPARTMENT OF PUBLIC WORKS 23. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 24. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 25. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 26. Grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of a Grading Permit 27. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 28. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. R:\D P~2002\02-0605 Power Center lt\COA revised for 6-4-03 PC.doc 27 29. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 30. ThE; Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 31. As ,deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Planning Department c. Department of Public Works 32. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subiect property. 33. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 34. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 35. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. Prior to Issuance of a Building Permit 36. Precise grading plans shall conform to applicable City of Temecula Standards subject approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0,5% minimum over P,C.C. and 1.00% minimum over A,C. paving. b. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401and 402. 37, The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 38. The Developer shall obtain an easement for ingress and egress over the adjacent property. R:~D P~2002~02-0605 Power Center II\COA revised for 6-4-03 PC.doc 28 39. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06 or as amended by the Temecula Regional Center Development Agreement or as amended by the Temecula Regional Center Development Agreement. 40. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of a Certificate of Occupancy 41. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 42. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 43. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. BUILDING & SAFETY DEPARTMENT 44. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 45. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 46. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 47. Obtain all building plans and permit approvals prior to commencement of any construction work. 48. Obtain street addressing for all proposed buildings prior to submittal for plan review. 49. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans, (California Disabled Access Regulations effective April 1, 1998) R:~D P~002\02-0605 Power Center II\COA revised for 6-4-03 PC.doc 29 50. Provide disabled access from the public way to the main entrance of the building. 51. Provide van accessible parking located as close as possible to the main entry. 52. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 53. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 54. 55. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Provide electrical plan including Icad calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 56. 57. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 58. 59. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. 60. 61. Show all building setbacks. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays FIRE DEPARTMENT 62. 63. 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. Within 30 days of approval and prior to any building permits being issued, the applicant must provide to the fire prevention bureau a revised site plan, floor plan and other drawings and documents to address all corrections listed on previous correction letters, acceptable to the Chief. R:~D P~2002~02-0605 Power Center II\COA revised for 6-4-03 PC.doc 30 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 2350 GPM with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. A minimum of I hydrant, in a combination of on-site and off- site (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access read(s) frontage to an hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B). As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2) If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) The gradient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) R:'~D P~2002~02-0605 Power Center II\COA revised for 6-403 PC.doc 31 74. 75. 76. 77. 78. 79. 80. 81. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, and spacing and minimum fire flow standards. After the local water company signs the plans, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 ) Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall give a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored byan approved Underwriters Laboratorylisted central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and in a location as approved on the final site and floor plans. (CFC 902.4) Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. Prior to the building final, speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81) R:~D P~002~0;.~0605 Power Center II\COA revised for 6-4-03 PC.doc 32 82. Prior to the issuance of a Certificate of Occupancy or building final, 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 7901.3 and 8001.3) Special Conditions 83. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, NFPA - 13, 24, 72 and 231 -C. 84. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 85. If there are changes to underlying maps then pdor to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in an ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. 86. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part cf their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 87. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) COMMUNITY SERVICES DEPARTMENT General Conditions 88, The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 89. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 90. All parkways, landscaping, on-site lighting and fencing shall be maintained by the property owner or maintenance association. Prior to Issuance of Building Permits 91. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. R:\D P~2002\02-0605 Power Center II\COA revised for 6-4-03 PC.doc 33 OTHER AGENCIES 92. Th(; applicant shall comply with the recommendations set forth in the Riverside County Department of Environmental Health transmittal dated November 18, 2002, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval, I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Commission approval. Applicant's Signature Name printed Date R:~D P~002~02-0605 Power Center II\COA revised for 6-4-03 PC.doc 34 DE?ARTMENT OF ENVIRONMENTAL HEALTH November 18, 2002 NOV 2 0 2002 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Thomas Thomsley RE: Plot Plan No. PA02~0606 Dear Mr. Thomsley: 1. The Department of Environmental Health has reviewed tbe Plot Plan No. PA02-0606 Krispy Kreme Donuts · and we have no objections. Sanitary sewer and water services are be available in this area. 2. PRIOR TO ANY BUll.DING PLAN CFFE. CK APPROVAL for Environmental Health clearance, the following items are required: a) "Will-serve" letters from the appropriate water and sewering agencies. Three complete sets of plans for each food establishment (to include vending .machines) will be submitted, including a fmture Schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact Food Facility Plan examiners at (909) 600-6330). Sincerely, ~~ental Health Specialist (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. Local Enforcement A§enc~, · RO. Box 1280, Riverside, CA 92502-1280 · (909) 955-8982 · FAX (909) 781-9653 · 4080 Lemon Street. 9th Floor, Riverside, CA 92501 Land Use and ~v'ate~ Engineering ° PO. Box 1206, Riverside, CA 92502 1206' {909) 955 8980 · FAX {909) 985-8903 · 4080 Lemon Street, 2nd Floor. Riverside, CA 92.501 ATTACHMENT NO. 3 PC RESOLUTION NO. 2003- R:~D P~.002\02-0605 Power Center II,PC cover memo 6-4-03.doc 8 PC RESOLUTION NO. 2003-.__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CrFY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0607 A DEVELOPMENT pLAN FOR THE DESIGN AND CONSTRUCTION OF A 5,514 SQUARE FOOT RESTAURANT, ATA 9.24 ACRE COMMERCIAL CENTER WITHIN THE TEMECULA REGIONAL CENTER, LOCATED ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO. 910-130-096. WHEREAS, Lewis Jackson, Islands Restaurant, filed Planning Application No. PA02-0607, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA02-0607 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA02-0607 on June 4, 2003, at duly noticed public hearings 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; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA02-0607; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findings. The Planning Commission, in approving Planning Application No. 02-0607 hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal for a restaurant is consistent with the land use designation and policies reflected for Community Commercial (CC) development in the City of Temecula General Plan, as well as the development standards for the Temecula Regional Center Specific Plan (SP-7) and the City of Temecula Development Code. The site is therefore properlyplanned and zoned and found to be physically suitable for commercial retail and restaurant uses. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The architecture proposed for the restaurant is consistent with the Architectural requirements as stated in the Temecula Regional Center Specific Plan (SP-7) and Design Guidelines and the Commercial Performance Standards of the Development Code. The project has been reviewed for, and as conditioned, can be found to be consistent with, all R:',D P',2002~2-0605 Power Center II\COA revised for 6-4-03 PC.doc 36 apl;,licable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, saf~.ty and welfare. Section3. Environmental Compliance. A Notice of Determination for Planning Application No. PA02-0607 was made per the California Environmental Quality Act Guidelines Section 15162. This section applies when an Environmental Impact Report (EIR) has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless there are substantial changes not discussed or examined in the EIR. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA02-0607, a Development Plan for the design, construction and operation of a 5,514 square foot restaurant, at a 9.24 acre commercial center within the Temecula Regional Center, on a 9.24 acre lot on the northwest corner of North General Kearney Road and Margarita Road, and known as Assessor Parcel No. 910-130-096. The Conditions of Approval are contained in Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 4th day of June 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary {SEAL} R:'~) P~002~2-0605 Power Center II\COA revised for 6-4-03 PC.dec 37 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2003- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 4t~ day of June 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:'~D P~2002~2-0605 Power Center II\COA revised for 6-4-03 PC.doc 38 EXHIBIT A CONDITIONS OF APPROVAL R:~D P~002~02-0605 Power Center II\PC cover memo 6-4-03.doc EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA02-0607 (Development Plan) Project Description: The design, construction and operation of a 5,514 square foot restaurant, at a 9.24-acre commercial center within the Temecula Regional Center, on a 9.24-acre lot on the northwest corner of North General Kearney Road and Margarita Road. DIF Category: $2.00 per square foot (pursuant to the Development Agreement for the Promenade Mall Project PA96-0333) Assessor Parcel No.: 910-130-096 Approval Date: June 4, 2003 Expiration Date: June 4, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Community Development Department - Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. R:~D P~2002~02-0605 Power Center II\COA revised for 6-4-03 PC.doc 40 10. 11. 12. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program for the Temecula Regional Center Specific Plan. The applicant shall comply with the Conditions of Approval for Planning Application No. 97- 0118 (Promenade Mall) and the Conditions of Approval for the Temecula Regional Center Specific Plan unless superceded by these Conditions of Approval. The development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan) under PA02-0605, contained on file with the Planning Department. Additionally, within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans. The development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan), contained on file with the Planning Department, and as amended under PA02- 0605. Parking lot lights shall be of a type consistent with the standards used throughout the Mall, which have been a dark bronze, round tapered pole with a mounded height of twenty (20) feet. The site lighting plan shall be approved by the Planning Department prior to installation. Any outside wall-mounted lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. Details of these lights shall be submitted to the Planning Department during plan check for review prior to installation. The installation of wall pack style light shall not be used along the street side elevation. The development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan) under PA02-0605, contained on file with the Planning Department. Additionally, within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: Building elevations shall substantially conform to the approved Exhibits "E-1 and E-2' (Building Elevations), contained on file with the Planning Department as amended by these changes: a. All mechanical and roof-mounted equipment shall be hidden by building elements that were designed for that purpose as an integral part of the building. When determined to be necessary by the Director of Planning, the parapet will be raised to provide for this screening. ThE: Landscaping Plan shall substantially conform to the approved Exhibit "F" (Landscape Plan) under PA02-0605, contained on file with the Planning Department. Additionally, within 30 (:lays following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans. R:~D P~002\02-0605 Power Center II\CeA revised for 6-4-03 PC.doc 13. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning 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. 14. The colors and materials for this project shall substantially conform to the following list of approved colors and materials and with the Color and Material Board contained on file with the Planning Department. Any deviation from the approved colors and materials shall require approval of the Director of Planning. Material Finish & Color Windows, doors Wood with Olympic Stain #716 - semi transparent stain Wall face Textured exterior stucco-SW1109, Tan Wall base Smooth texture stucco, SW1103 - Dark Biege Wall stonework Valley El Dorado Rustic Stone Veneer - Sequoia Rustic Ledge Canvas awnings Sunbrella #8602, 8610, Wood Siding Resawn cedar board and batten siding, Olympic Stain #911- Feather Gray Roofing Flat concrete roof tile Roofing (tower element) Corrugated metal roof, factory finish - Galvanized Prior to the Issuance of Grading Permits 15. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 16. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. 17. The applicant shall revise Exhibits "D, E, F and G", (Site Plan, Elevations, Landscape Plan, Color and Material Board) to reflect the final Conditions of Approval and submit five (5) full size copies prior to the submittal of any plans for plan check. 18. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and of the colored version of approved Exhibit "H", the colored architectural elevations to the Planning Department for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 19. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 20. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval. These plans shall conform substantially with the approved Exhibit "F", or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: R:\D P~2002~2-0605 Power Center I[~COA revised for 6-4-03 PC.doc 42 ao Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). One (1) copy of the approved grading plan. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Total cost estimate of plantings and irrigation (in accordance with the approved plan). A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. Prior to the Issuance of Occupancy Permits 21. 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 Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 22. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for 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 Planning, the bond shall be released upon request by the applicant. 23. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning 909 696-3000." In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 24. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. R~DP~2 2\? P w r n ri ~ f r : 00 0_-0605 o e Ce te I\COArev'sed o 6-4-03 PC.doc 43 DEPARTMENT OF PUBLIC WORKS 26. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 27. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 28. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 29. Grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of a Grading Permit 30. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Depadment of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 31. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 32. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 33. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 34. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Planning Department c. Department of Public Works 35. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. R:~D P~2002\02-0605 Power Center II\COA revised for 6-4-03 PC.doc 44 36. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 37. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 38. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. Prior to Issuance of a Building Permit 39. Precise grading plans shall conform to applicable City of Temecula Standards subject apprevai by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401and 402. 40. Th(; building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 41. The Developer shall obtain an easement for ingress and egress over the adjacent property. 42. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 43. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08 or as amended by the Temecula Regional Center Development Agreement. Prior to Issuance of a Certificate of Occupancy All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works, 45. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works R:\D P~2002\02-0605 Power Center II\COA revised for 6-4-03 PC.doc 45 46. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. BUILDING & SAFETY DEPARTMENT 47. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 48. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 49. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 50. Obtain all building plans and permit approvals prior to commencement of any construction work. 51. Obtain street addressing for all proposed buildings prior to submittal for plan review. 52. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 53. Provide disabled access from the public way to the main entrance of the building. 54. Provide van accessible parking located as close as possible to the main entry. 55. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 56. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 57. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 58. Provide electrical plan including Icad calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 59. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 60. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. R:~D P~002~02-0605 Power Center ll\COA revised for 6-4-03 PC.doc 46 61. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 62. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. 63. Show all building setbacks. 64. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- qua, rter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays FIRE DEPARTMENT 62. 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 fome at the time of building, plan submittal. 63. Within 30 days of approval and prior to any building permits being issued, the applicant must provide to the fire prevention bureau a revised site plan, floor plan and other drawings and documents to address all corrections listed on previous correction letters, acceptable to the Chief. 64. Th(; Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 2350 GPM with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 65. Th(; Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. A minimum of I hydrant, in a combination of on-site and off- site (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access read(s) frontage to an hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B). 66. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet.from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2) R:~D P~2002~02-0605 Power Center II\COA revised for 6-4-03 PC.doc 47 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an ail weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) The gradient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.60rd. 99-14) Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, and spacing and minimum fire flow standards. After the plans are signed bythe local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall have a minimum of six (8) inch high letters and/or numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) R:\D P~002~02-0605 Power Center II\COA revised for 6-4-03 PC.doc 48 77. Prior to issuance of Cedificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 78. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 79. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and in a location as approved on the final site and floor plans. (CFC 902.4) 80. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 81. Prior to the building final, speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81 ) 82. Prior to the issuance of a Certificate of Occupancy or building final, 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 7901.3 and 8001.3) Special Conditions 83. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau. This report shall address, but not be limited to, alt fire and life safety measures per 1998 CFC, 1998 CBC, NFPA - 13, 24, 72 and 231-C. 84. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 85. If there are changes to underlying maps then prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in an ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. R:~D P\2.002~D2-0605 Power Center II\COA revised for 6-4-03 PC.doc 49 86. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Firs Prsvention Bursau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 87. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) COMMUNITY SERVICES DEPARTMENT General Conditions 89. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 90. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 91. All parkways, landscaping, on-site lighting and fencing shall be maintained by the property owner or maintenance association. Prior to Issuance of Building Permits 92. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. OTHER AGENCIES 93. The applicant shall comply with the recommendations set forth in the Riverside County Department of Environmental Health transmittal dated November 18, 2002, a copy of which is attached. By placing my signature below, I confirm that I have rsad, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Commission approval. Applicant's Signature Name printed Date R:\D P~2002\02-0605 Power Center II\COA revised for 6-4-03 PC.doe 50 COUNTY OF RIVERSIDE · HEALTH SERVICES AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH November 1 g, 2002 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Thomas Thomsley RE: Plot Plan No. PA02-0607 Dear Mr. Thornsley: 1. The Department of Environmental Health has reviewed the Plot Plan No. PA02-0607 Islands iRestanrant and we have no objections. Sanitary sewer and water services are available in this area. 2. PRIOR TO ANY BIJII,DING PLAN' CHECK APPROVAL for Environmental Health clearance~ the following items are required: a) "Will-serve" letters fi.om the appropriate water and sewering agencies. b) Three complete sets of plans for each food establishment (to include vending machines) will be submitted, including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact Food Facility Plan examiners at (909) 600-6330). Sincerely, ~nmental Health Specialist (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. ,ocal Enforcement A~encv * RO. Box 12~, ~verside, ~ 92~-12~ * (~) 955-89~ * F~ (~) 781-9~ * ~ ~mon S~eL ¢~ H~r, ~ve~ide, ~ 9~1 ~d Use ~d Water ~g'ne~nfl * PO ~x 12~ ~v~ de ~ 92~2 12~ * ~ 955 8~ * F~ * ' . . ' ' , 2 , ( ) - (~) ~5-8~ 40~ Lemon S~et, 2~ Hoor. ~ide. CA 9~01 A'I-I'ACHMENT NO. 4 MAY 21,2003 STAFF REPORT R:~D P~2002~02-0605 Power Center II,PC cover memo 6-4-03.doc CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: FROM: DATE: Subject: Planning Commissioners Debbie Ubnoske, Planning Director May 21, 2003 PA02-0605 (Power Center II) a Development Plan for the design and construction of a 9.24-acre commercial center with 20,500 square feet of retail space. PA02-0606 (Krispy Kreme) a Conditional Use Permit and Development Plan for a 4,000 square foot restaurant building with a drive-thru. PA02-0607 (Islands Restaurant) a Development Plan for a 5,514 square foot restaurant. PREPARED BY: BACKGROUND: Thomas Thornsley, Associate Planner These projects were reviewed as a workshop item at the May 7, 2003, Planning Commission Meeting due to improper noticing. Based on the Commissioner's discussion of this project, the applicant has chosen to start revising their plans to make most of the changes outlined in the conditions of approval. However, plans could not be revised and previded to staff for review prior to the delivery date of the staff report. The plans accompanying the staff report are the plans previously provided for review. Plans will be resubmitted next week and will not be available early enough for staff to complete a thorough review prior to the Public Hearing. Attachments 1. Staff Report R:~D P~002~02-0605 Power Center II,PC memo 5-21-03,doc ATrACHMENT NO. 1 STAFF REPORT R:~D P~2002\02-0605 Power Center II,PC memo 5-21-O3.doc STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION May 21,2003 Planning Application Nos. PA02-0605 (Development Plan) PA02-0606 (Conditional Use Permit/Development Plan) PA02-0607 (Development Plan) Prepared By: Thomas Thomsley, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: ADOPT a Notice of Exemption for Planning Application No.'s PA02-0605, PA02- 0606, and PA02-0607 (Development Plan) based on the Determination of Consistency with a project for which an Environmental Impact Report (EIR) was previously certified pursuant to CEQA Guidelines Section 15162 - Subsequent EIR's and Negative Declarations. 2. ADOPT a Resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0605 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 9.24 ACRE COMMERCIAL CENTER WHICH INCLUDES TWO PROPOSED .RETAIL BUILDINGS TOTALING 20,500 SQUARE FEET AND THREE CONCEPTUAL FUTURE RETAIL BUILDING PADS LOCATED WITHIN THE TEMECULA REGIONAL CENTER ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO.'S 910- 130-087, 088, 089, 090, 092, AND 096. PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0606 A CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 4,000 SQUARE FOOT RESTAURANT BUILDING WITH A DRIVE-THRU, AT A 9.24 ACRE COMMERCIAL CENTER WITHIN THE TEMECULA REGIONAL CENTER, LOCATED ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO. 910-130-092. R:~D P~2002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 1 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0607 - A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 5,514 SQUARE FOOT RESTAURANT, AT A 9.24 ACRE COMMERCIAL CENTER WITHIN THE TEMECULA REGIONAL CENTER, LOCATED ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO. 910-130-096. APPLICATION INFORMATION APPLICANTS: Jack Tarr, Diversified Investment Co., 30240 Rancho Viejo Road, Ste B, San Juan Capistrano, CA 92675 Lewis Jackson, Islands Restaurant, 740 Lomas Santa Fe Dr., Ste 210, Solana Beach, CA 92075 PROPOSAL: PA02-0605 a Development Plan for the design and construction of a 9.24-acre commercial center which includes two proposed retail buildings totaling 20,500 square feet and three conceptual future retail building pads located within the Temecula Regional Center on the northwest corner of North General Kearney Road and Margarita Road, know as assessor parcel no.'s 910-130-087, 088, 089, 090, 092, and 096. PA02-0606 a Conditional Use Permit and Development Plan for the design and construction of a 4,000 square foot restaurant building with a drive-thru, at a 9.24-acre commercial center within the Temecula Regional Center located on the northwest corner of North General Kearney Road and Margarita Road, known as assessor parcel no. 910-130-092. PA02-0607 a Development Plan for the design and construction of a 5,514 square foot restaurant, at a 9.24-acre commercial center within the Temecula Regional Center located on the northwest corner of North General Kearney Road and Margarita Road, know as assessor parcel no. 910- 130-096. LOCATION: On the northwest corner of North General Kearny and Margarita Roads in the Temecula Regional Center (aka Power Center II) (APN 910-130-087 thru -090, -092, &-096). GENERAL PLAN DESIGNATION: CC (Community Commercial) EXISTING ZONING: SP-7 (Specific Plan-7 Temecula Regional Center) R:~D P~2002~2-0605 Power Center II,Staff report PC 5-7-03.doc 2 SURROUNDING ZONING: North: South: East: West: SP-7 (Specific Plan-7 Temecula Regional Center) CC (Community Commemial) LM (Medium Low Density Residential) and H (High Density Residential) SP-7 (Specific Plan-7 Temecula Regional Center) EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: Power Center South: Retail Center- Bel Villagio East: Single family detached homes and apartments. West: Promenade Mall PROJECT STATISTICS Total Gross/Net Area: Building Areas: Shop A (general retail) 8,800 square feet Shop B (general retail) 11,700 square feet Pad C (future) 4,190 square feet Pad D (future) 6,562 square feet Pad E (future) 8,281 square feet Pad F (Islands Restaurant) 5,514 square feet Pad G (Krispy Kreme) 4,000 square feet Total Building Area: 49,047 square feet Paving: 246,063 square feet Hardscape: 16,780 square feet Landscape Area: 90,604 square feet 402,494 square feet 9.24 acres 12.2% 51.1% 4.2% 22.5% BACKGROUND This site had been previously designed and approved as part of the Power Center under PA97- 0405. At that time the project was divided into two phases. Phase 1 was completed in 2000 and Phase 2, would have consisted of 105,000 square feet of future retail floor area. These applications represent Phase II of the Power Center. The current property owner submitted a new proposal to the Planning Department on November 7, 2002. A Development Review Committee meeting was held on December 12, 2002. At that time site design and architectural changes were requested. Follow up meetings were held in February and March as staff worked with the applicant to integrate information and design elements into the revised plans for consistency with the Regional Center Specific Plan and the City's Design Guidelines. With the applicant's second resubmittal on April 2, 2003, staff determined that several original items of concern were not being addressed. The applicant did not wish to address staff's concerns and requested that the project be set for hearing. R:~ P~2002~02-0605 Power Center II,Staff report PC 5-7-03.doc 3 PROJECT DESCRIPTION Development Plan The applicant is requesting approval for the development of a 9.4-acre site with seven developable pad sites. Four of those pads arc proposed for development at this time, while three are shown conceptually to complete the master site plan. Two of the pads (A and B) arc for two retail buildings with a total of 20,500 square feet of floor space. The plan also includes the development of Pads "F" and "G" for Islands Restaurant (5,514 square feet) and Krispy Kreme Donuts (4,000 square feet) respectfully. The three remaining undeveloped pad areas have conceptually shown that they can support approximately 19,000 square feet of restaurant space based on the provided parking. Site Plan/Circulation The project site is rectangular in shape and is bounded by Margarita Road, North General Kearny Road, the Mall Ring Road and the entry drive between the Mall Ring Road to Margarita Road. There are four vehicular and two pedestrian access points into the site around the perimeter. Near the middle of Margarita Road is a right-in, right-out driveway. Other vehicular access is taken from the Mall Ring Road and two others are taken from the Mall Entry Road. One point of pedestrian access is taken directly from the Mall Entry Road to Pad F and a second pedestrian access enters the site along the Margarita Road entry aisle, taking pedestrians to the center of the site where the walkway splits in three directions to leading to the other pad sites. The majority of the parking for the site is internal with the buildings placed along the street frontages and in the corners of the site. The first sites to de~/elop will be those along the Margarita Road frontage. The corner of the site at Margarita and North General Kearny Roads will accommodate two multi-tenant retail buildings, Shops "A" and "B", in an "L' shape configuration. Heading north on the site, across the Margarita · Road entrance, is Pad "G" being developed as a Krispy Kreme drive thru. Further north, in the northeast corner of the site, is Pad "F" for the Islands Restaurant. The three undeveloped pads are located along the Mall Ring Road. Future development on these pads will require Planning Commission approval. Architectu re Shops A and B appear to be a blend of Mediterranean Country and Craftsman style architecture. The buildings offer sufficient relief through architectural elements such as recessed windows, eave overhangs, columns, towers, and trellises. The buildings are finished in beige and tan shades of smooth and heavy dash stucco. Stone veneer is used on the base of the accent columns, while the trellis columns will be round pro-cast concrete. Concrete shake style roofing will be used on the tower elements and the mansard roof overhands. The connecting point between the two buildings is a central tower feature over a breezeway linking the front plaza to a plaza behind the buildings near the street. Pad "F" is Islands Restaurant, which is designed with elements typical of older oceanfront buildings. Entry to the, restaurant is through a two-story octagon tower mounted on the southwest comer of the building. Although, the building is boxy by design, relief elements in the midsection of each elevation project the wall and roof planes off the fascia enhancing the windowed areas of the building. Two styles of plaster finishing will be used on the exterior in tan and dark beige. A smooth finish will be used on the base while a textured exterior plaster will be used above. The pitched roof will be flat concrete tile. Wrapping around and screening the roof equipment will be a rough sawn board and bat siding wall designed into the building above the mansuard roof. R:~D P~2002~02-0605 Power Center II,Staff report PC 5-7-03.doc 4 Krispy Kreme, located on Pad "G", is proposing a corporate prototype that reflects the retro style of their facilities from the 1930 and 1940's. The building is a basic rectangle with accent relief columns and cornicing. The walls will be finished in an off-white sand finish stucco with rustic stacked stone veneer utilized around the lower three-foot base of the building and extending to the top of the doors at the entries. A steel frame canopy extends out from the building along two-thirds of the east and west elevations and across the entire front of the building. Outside the front (north elevation) of the building will be a patio for tables and chairs covered by a wooden trellis. Parking The site was designed to accommodate the known tenants and future tenants. Four sites have specific uses planned for them and offer sufficient parking to meet their needs. The three pad sites not being developed at this time have been considered at their most intense use (restaurant at 1:100 square feet). Although the building square footages for Pads "C - E" appear to be precise, this is only for illustrative purposes. Based on those estimated square footages, parking allocations have been established and included in the overall formulation of the project's parking needs. Shown below is the breakdown of the parking by building pad and the known or likely use. Per the applicant's proposal, the site exceeds its parking needs by 75 spaces, which gives the site an overall parking ratio of 1:116 square feet, or 8.6 spaces per 1000 square feet of gross floor area. Parking Required: Pad A (general retail) Pad B (general retail) Pad C (speculative) Pad D (speculative) Pad E (speculative) Pad F (restaurant) Pad G (restaurant) Total Parking Required: Parking Provided: 8,800 square feet/(1:200) 11,700 square feet/(1:200) 4,190 square feet/(1:100) 6,562 square feet/(1:100) 8,281 square feet/(1:100) 5,514 square feet/(1:100) 4,000 square fe~t /(1:100) 49,072 square feet/(1:141) 49,072 square feet/(1:116) 44 spaces 59 spaces 42 spaces 66 spaces 83 spaces 55 spaces 41 spaces 349 spaces 424 spaces Landscaping Substantial landscaping is proposed around the perimeter of the site and throughout the parking lot. The plaza area in front of Shops "A" and "B" consists of three diamond planters next to the parking spaces and vines on the two trellises. At Krispy Kreme there are planters on both sides of the main entrance planted with the groundcover Myoporum. The drive-thru will be screened from the street with a mix of shrubs and trees. Around the front of the Islands Restaurant will be planters with shrubs and ground covers. The entr,j to this facility is further complemented with a small plaza/waiting area flanked on two sides with trees, shrubs, and groundcover. Along the street frontages are a mix of trees, shrubs, ground covers, and entry elements that are intended to compliment the site. Entry elements are provided at two of the three entrances to the site. Signs A sign program has been prepared for this project that proposes freestanding monument signs for the stand-alone tenants and two multi-tenant signs to promote tenants not visible from the street frontages on which the signs are placed. Based on the plan there would be three freestanding signs on Margarita Road and four along the Mall Ring Road. The retail buildings have devised a program that allocated sign area at one foot per lineal foot of tenant frontage with letter height limited to two feet. Signs for Krispy Kreme and Islands Restaurant are each designed for the unique character of these users and offer character to the facilities. R:'~D P~2002',02-0605 Power Center II,Staff repo.'t PC 5-7-O3.doc 5 Condition;ti Use Permit A Conditional Use Permit is required to operate the Krispy Kreme drive thru as required by the Specific Plan. The building pad sits below the street grade making the drive-thru visible from the street. The placement of the building has the narrow front of the building facing Margarita Road with the drive-thru side of the building adjacent to the entry aisle accessing the site from Margarita Road. ANALYSIS The applicant requested that the applications be scheduled for hearing, despite the fact that staff still had outstanding concerns. In order to support the application PA02-0605, staff has prepared conditions requiring modifications to the plans. Conditions No. 6, 9, 11, and 13 provide the necessary revisions in order to make the findings for approval. ']"he applicant consents to all of the conditions except for the following: · Remove a sufficient number of parking stalls in front of all the buildings to allow for the installation of enhancing elements such as decorative paving, landscaping, and pedestdan amenities in as effort create entry statements to each facility. (Pg. 17, 6.a.) None of the buildings offer an open and inviting access to the storefronts from the parking lots. The applicant had been requested to remove the parking in front of each building to create an open view of the buildings and allowing the enhancements to become the focal point of the building with the use of decorative paving and additional landscaping. Working with the applicant, staff agreed to allow some parking to remain along the front of the building, but requested the removal of some parking to enhance the entries and plazas. On the latest plans, no storefrent parking had been removed nor have landscaping areas been added. Staff has visited other projects and tacilities and found that open access to storefronts is effective in facilitating pedestrian-scale plazas. The overall site has 75 more parking spaces then are required. Staff has conditioned the project to remove parking and enhance the storefront entries. · Additional planters shall be designed into the plaza fronting Pads A & B to enhance and sotYen the hardscape and building walls. Some of these planters shall be raised to serve as pedestrian friendly seating areas. (Pg. 17, 6.b.) Staff has cencerns with the site's lack of landscaping near the buildings, in the plazas, or its need to enhance the buildings' entry points as stipulated in the Citywide Design Guidelines. The Guidelines state that, "Landscaping should be provided around building to frame them and separate them from the surrounding pavements." The only landscaping provided near or adjacent to the buildings are four trees in diamond planters (half in the plaza, half in the parking stalls), vines on the two trellises, and several potted plants not yet defined. Staff has conditioned the project to provide additional landscaping near the Shops "A" and "B". · A three foot high retaining wallshall be installed behind the 32 foot landscape development zone along Margarita Road along the parking lot between Pads F & G. The area between this' wall and the back of sidewall shall be bermed to raise the streetscape landscaping to aid in screening the parking lot. (Pg. 18, 6. m.) The Temecula Regional Center Specific Plan and the Citywide Design Guidelines encourage the placement of buildings toward the street to avoid a street view that looks at wide-open expanses of parking. However, when parking near a street frontage cannot be avoided, the Specific Plan (Pg. IV-37) states that, "Parking areas shall be screened from view from public streets by means of landscaping and/or grading." Figure 18 in the Specific Plans illustrates the use of three-foot high R:~D P~002\02-0605 Power Center II,Staff report PC 5-7-03.doc 6 hedgerows and/or berm at parking areas. Between Pads "F" and "G" the street grade is 4 to 5 feet above the parking lot. Without modification, the site grading provides a right-of-way (R.O.W.) with a 6-foot sidewalk and 6 feet of street grade planting area, which is designated for trees and turf. From the R-O-W, the 20-foot landscape setback area slopes down to the parking lot with a hedgerow well below street grade rendering it ineffective as a screening method. With the installation of the requested retaining wall, the landscape zone can be raised to within two feet versus 5 feet of the street grade. By placing the screen wall at the back of the landscape zone, there is the opportunity to further raise the planting area with mounding and bring a hedgerow up to a more effective screening level. · A more direct ADA path shall be provided from Margarita Road to Pads "A", "B", and "G". (Pg. 17, 6.f.) · The ADA path through the center of the site shall be connected to the Ring Road upon completion of the first phase of development. (Pg. 17, 6.g.) Staff believes that a greater effort can be made to provide additional convenient access points from the Bel Villaggio site to Shops "A and B' and to Krispy Kreme. Staff has conditioned the project to provide access to these areas and pedestrian access to the Ring Road in Phase 1 of the site's development. With the implementation of the preceding conditions, as well as all of the others, as conditions of approval upon this project, staff can make the findings that the project is consistent with the Regional Center Specific Plan, the Development Code, and the Design Guidelines for the City. Signs The project proposes standardized signs for the retail shops as well as, consistent design for the monument signs and the multi-tenant identification signs. The only major concern is the proposed placement of three signs in close proximity (two within 80 feet) to one another along Margarita Road. Staff, with the applicant's concurrence, is conditioning that the multi-tenant sign be placed somewhere south of the Margarita Road entrance. The retail-building criteria allocates sign area at one foot per lineal foot of tenant frontage with letter height limited to two feet, which is not overwhelming for wall signs mounted on building elevations adjacent to a street. Krispy Kreme and Islands Restaurant are proposing signs that may appear large because of their logo design, but the signs are consistent given their placement on the building elevations. Conditional Use Permit The Krispy Kreme drive-thru has the potential to be visible from Margarita Road and the project's main entry. The building's placement puts the long side of the drive-thru along the entry aisle and the ~xit near Margarita Road. Since the building pad sits below the street grade, the drive-thru will be more visible from the street. A retaining wall is being installed along the drive-thru near the Margarita Road entrance to raise the landscape area to allow for more plant screening material to be installed at street grade. Due to the grade change, internal to the site from the Margarita entry, the entrance of the drive-thru will be above the grade of the drive aisle. The project is being conditioned to better screen the drive-thru in this area to aid in screening the vehicles and to block headlights. Additionally, the drive-thru offers adequate stacking distance behind the pick-up window. Therefore, staff has determined that the required findings to approve the Conditional Use Permit can be made with the conditions of approval added for the project. ENVIRONMENTAL DETERMINATION R:~D P~002",02-0605 Power Center II,Staff reporl PC 5-7-03,doc 7 A supplemental traffic study was required and reviewed by the City's Traffic Engineer. The supplemental report was found to be adequate and confirmed that the proposed development would be consistent with the allowable peak hour traffic volumes approved for the Specific Plan. This project is within the Temecula Regional Center Specific Plan No. 77 for which an Environmental Impact Report (EIR) was prepared and certified. The projecl: is consistent with the Temecula Regional Center Specific Plan No. 77 land uses, which anticipated retail, restaurant, office, hotel, and residential uses and no other environmental factors have changed since the certification of the EIR. Therefore, the proposed project is eligible for a CEQA exemption pursuant to Section 15162 of the CEQA Guidelines. Section 15'162 applies when an EIR has been certified or negative declaration adopted for a project. No subsequent EIR shall be prepared for that project unless there are substantial changes not discussed or examined in the EIR. GENERAL PLAN AND ZONING CONSISTENCY The project is consistent with the Temecula Regional Center Specific Plan 77, Community Commercial (CC) land use designations of the Temecula General Plan and the Development Code. Upon approval of the Development Plan as conditioned, the project will meet all of the guidelines and standards for commercial development prescribed by the Temecula Regional Center Specific Plan No. 77, Development Code, and Design Guidelines. SUMMARY/CONCLUSIONS The project as conditioned is consistent with applicable City policies, standards and guidelines. We believe it is compatible with the nature and quality of surrounding development, and will represent an attractive, functional and economic addition to the City's commercial and employment base. FINDINGS - DEVELOPMENT PLAN (PA02-0605; PA02-0606; PA02-0607) The, proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal is consistent with the land use designation and policies reflected for Community Commercial (CC) development in the City of Temecula General Plan, as well as the development standards for the Temecula Regional Center Specific Plan (SP-7) and the CityofTemeculaDevelopmentCode. Thesiteisthereforeproperlyplannedandzonedand found to be physically suitable for commercial retail and restaurant uses. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The architecture proposed for the office is consistent with the Architectural requirements as stated in the Temecula Regional Center Specific Plan (SP- 7) and Design Guidelines and the Commercial Performance Standards of the Development Code. The project has been reviewed for, and as conditioned, can be found to be consistent with, all applicable policies, guktelines, 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. R:',D P~2002',02-0605 Power Center II,Staff report PC 5-7-03.doc 8 FINDINGS - CONDITIONAL USE PERMIT (PA02-0606) The proposed conditional use is consistent with the General Plan and the Development Code. The proposed conditional use permit is consistent with the underlying site plan for this project, the City of Temecula General Plan and the applicable sections of the Development Code, and the Municipal Code. The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. The proposed conditional use permit, with conditions, is consistent with the CiO/of Temecula General Plan and the applicable sections of the Development Code, and the Municipal Code. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscaping and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The proposed conditional use meets the zoning requirements for integration into the surrounding commercial developments. The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community. Provisions are made in the Genera/Plan, the Regional Center Specific Plan, and the Development Code to ensure that the public health, safety, and welfare are safeguarded with the operation of the drive-thru facilities. The project is consistent with these documents and will be conditioned to meet all applicable requirements. The decision to conditionally approve the conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council. The project has been completely reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. R:~D P~,2002~02-0605 Power Center II,Staff reporl PC 5-7-03.d0c 9 Attachments 1. PC Resolution No. 2003- - Blue Page 11 Exhibit A Conditions of Approval - Blue Page 15 PC Resolution No. 2003- - Blue Page 11 Exhibit A Conditions of Approval - Blue Page 15 PC Resolution No. 2003- - Blue page 47 Exhibit A Conditions of Approval - Blue Page 51 Exhibits - Blue Page 63 PA02-0605 A Vicinity Map B Zoning Map C General Plan D Site Plan E-1 Elevations E-2 Elevations F Landscape Plan PA02-0606 D Enlarged Site Plan E-1 Elevations E-2 Elevations PA02-0607 D Enlarged Site Plan E-1 Elevations E-2 Elevations R:~D P~002~.~!-0605 Power Center Il\Staff report PC 5-7-03.doc 10 ATTACHMENT NO. 1 PC RESOLUTION NO. 2003- PA02-0605 DEVELOPMENT PLAN R:~D P~002~02-0605 Power Center II,Staff report PC 5-7-03,doc PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0605 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 9.24 ACRE COMMERCIAL CENTER WHICH INCLUDES TWO PROPOSED RETAIL BUILDINGS TOTALING 20,500 SQUARE FEET AND THREE CONCEPTUAL FUTURE RETAIL BUILDING PADS LOCATED WITHIN THE TEMECULA REGIONAL CENTER ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO.'S 910- 130-087, 088, 089, 090, 092, AND 096. WHEREAS, Jack Tarr, Diversified Investment Co., filed Planning Application No. PA02- 0605, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA02-0605 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA02-0605 on May 21,2003, at duly noticed public hearings 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; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA02-0505; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. The Planning Commission, in approving Planning Application No. 02-0605 hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal is consistent with the land use designation and policies reflected for Community Commercial (CC) development in the City of Temecula General Plan, as well as the development standards for the Temecula Regional Center Specific Plan (SP-7) and the CityofTemeculaDevelopmentCode. Thesiteisthereforeproperlyplannedandzonedand found to be physically suitable for commercial retail and restaurant uses. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. R:~D P~.002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 12 The architecture proposed for the office is consistent with the Architectural requirements as staled in the Temecula Regional Center Specific Plan (SP-7) and Design Guidelines and the Co/nmercial Performance Standards of the Development Code. The project has been reviewed for, and as conditioned, can be 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 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 in and around the site. The project has been reviewed for, and as conditioned has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Section 3. Environmental Compliance A Notice of Determination for Planning Application No. 02-0605 was made per the California Environmental Quality Act Guidelines Section 15162. This section applies when an Environmental Impact Report (EIR) has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless thera are substantial changes not discussed or examined in the EIR. Section 4. Conditions That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA02-0605, a Development Plan to design, and construct a commercial center (Power Center II) with multiple pad sites for separate development and two single story multi-tenant buildings totaling 20,500 square feet on a 9.24 acre lot on the northwest corner of North General Keamey Road and Margarita Road, and known as Assessor Parcel Nos. 910-130-087 thru -090, -092, & -096. The Conditions of Approval are contained in Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21 st day of May 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary {SEAL} R:~D P~2002~D2:-0605 Power Center II,Staff report PC 5-7-03.doc 13 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2003- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21st day of May 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:~D P~2002~D2-0605 Power Center Ill'taft reporl PC 5-7-03.doc 14 EXHIBIT A CONDITIONS OF APPROVAL PA02-0605 DEVELOPMENT PLAN R:'~) P~2002~02-0605 Power Center IIgStaff report PC 5-7-03.doc EXHIBIT A CITY OFTEMECULA CONDITIONS OFAPPROVAL Planning Application No. PA02-0605 (Development Plan) Project Description: A Development Plan for the design, construction and operation of a commercial center (Power Center II) with seven pad sites for separate development and two single story multi-tenant buildings totaling 20,500 square feet on a 9.24-acre lot, on the west side of Margarita Road just north of the northwest corner of North General Kearney Road and Margarita Road. DIF Category: $2.00 per square foot (pursuant to the Development Agreement for the Promenade Mall Project PA96-0333) Assessor Parcel No.: 910-130-087 thru -090, -092, & -096 Approval Date: Expiration Date: May 21,2003 May 21, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Community Development Department - Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate R:~D P~?.002~D2-0605 Power Center II,Staff report PC 5-7-03.doc 16 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. This approval shall be used within two (2) yearn of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program for the Temecula Regional Center Specific Plan. The applicant shall comply with the Conditions of Approval for Planning Application No. 97- 0118 (Promenade Mall) and the Conditions of Approval for the Temecula Regional Center Specific Plan unless superceded by these Conditions of Approval. The development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan), contained on file with the Planning Department. Additionally, within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: Remove a sufficient number of parking stalls in front of all the buildings to allow for the installation of enhancing elements such as decorative paving, landscaping, and pedestrian amenities in as effort create entry statements to each facility. Additional planters shall be designed into the plaza fronting Pads A & B to enhance and soften the hardscape and building walls. Some of these planters shall be raised to serve as pedestrian friendly seating areas. Enhance the paving at the entries with the sunray pattern as previously shown, or an alternative decorative paving as approved by the Director of Planning. Landscape planters utilized to house fire or utility equipment shall be enlarged to accommodate the intended landscaping. The sidewalk down the center of the parking row leading to Pad E shall be shifted so that it is adjacent to a curb face, which will avoid splitting this landscape area into two narrow planters. This path of travel shall continue straight across the drive aisle to Pad E. A more direct ADA path shall be provided from Margarita Road to Pads "A", "B", and The ADA path through the center of the site shall be connected to the Ring Road upon completion of the first phase of development. Work limit areas shall be adjusted to lie behind all perimeter streetscape areas and to the top of all slopes shown on the grading plans or as finished on the site. All site plotting within the work limit areas are considered conceptual. Any development within these areas will be subject to separate review by the Planning Commission. The access into the Pad G drive-thru shall be shifted or otherwise modified to better accommodate the right turn access from the parallel drive aisle. · R:~D P~002\0;'.-0605 Power Center II~Staff repod PC 5-7-03.doc 17 The west driveway off the Mall Entry Drive shall be realigned with the internal drive aisle so as to better serve vehicular traffic flow and avoid head-on conflicts. A landscape planter shall be installed along the north side of the trash enclosure in the parking lot north of Shop B. A three foot high retaining wall shall be installed behind the 32 foot landscape development zone along Margarita Road along the parking lot between Pads F & G. The area between this wall and the back of sidewall shall be bermed to raise the streetscape landscaping to aid in screening the parking lot. A planter shall be installed between the Pad G service area wall and the bike rack. The diamond planters shall have a minimum inside clearance of five feet (5'). The parking of delivery vehicles shall not be permitted on site along the Margarita Road frontage. There shall be no storage or parking of delivery vehicles within this project site as per the Temecula Regional Center Specific Plan (Sec IV.C.10. 1 .). The retaining wall between Pad C and the mall Ring Road shall be removed from all plans. The design of the "decorative paved concrete" shall be subject to review and approval by Planning prior issuance of building permit All ground mounted utility/mechanical equipment shall not be placed in prominent locations visible to the public. This equipment shall be screened from view. Per the Temecula Regional Center Specific Plan and the Design Guidelines, the double detector check assembly must be installed underground. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of the transformer and the double detector check pdor to final agreement with the utility companies. Parking lot lights shall be of a type consistent with the standards used throughout the Mall, which have been a dark bronze, round tapered pole with a mounded height of twenty (20) feet. The site lighting plan shall be approved by the Planning Department pdor to installation. Any outside wall-mounted lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. Details of these lights shall be submitted to the Planning Department during plan check for review prior to installation. The installation of wall pack style light shall not be used along the street side elevation. Building elevations shall substantially conform to the approved Exhibits "E-1 and E-2" (Building Elevations), contained on file with the Community Development Department - Planning Department. Within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: A heavier enhanced stucco or other building material shall be utilized around the base of shops A & B where smooth stucco is now proposed. The externally mounted utility rooms on the outside of Shops "A" and "B" shall be internalized. R:~D P~?.002~02-0605 Power Center II,Staff report PC 5-7-03.doc 18 10. 11. Show and label all utilities on the site and landscape plans and provide appropriate screening and enlarge planter areas when necessary to achieve the required screening. Provide a 3' clear zone around fire check detectors as required by the Fire Department before installing the screen. Please group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. All mechanical and roof-mounted equipment shall be hidden by building elements that were designed for that purpose as an integral part of the building. When determined to be necessary by the Director of Planning, the parapet will be raised to provide for this screening. The construction plans shall indicate the application of painted rooftop addressing plotted on a 9-inch grid pattern with 45-inch tall numerals spaced 9-inch apart. The numerals shall be painted with a standard 9-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. The modified Landscaping Plan shall conform to the approved Exhibit"G' (Landscape Plan). Within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: bo Streetscape design consistency and entries that offer a definable statement shall be integrated into the plans as required by the specific plan. All four entries should have a consistent design. The corner landscaping at both ends of the project frontage along the Mall Ring Road shall utilize a consistent design that maintains turf across the required depth of the streetscape to maintain open views around the corners. Those areas along the internal streetscape that are required to be planted in turf shall not have a grade in excess of 4:1. The landscape plan shall be amended to show tud planting for 15 feet behind the sidewalk along North General Kearny Road and 10 feet behind the sidewalk along the Mall Ring Road. The Holly Oaks along North General Kearny Road shall be maintained in place and California Peppers shall be installed along the Mall Ring Road. The landscape plan must be revised to remove all conceptual landscaping within the areas of the undeveloped pads with the exception of the perimeter landscaping along the street frontages. Perimeter landscaping shall be installed around the entire site with the completion of the first phase of development. This perimeter landscaping shall include all streetscape areas and slopes visible from the surrounding roadway. The landscape plan shall identify the erosion control plant materials to be installed on all portions of the site reserved for future development. The landscaping planters on the west elevation of the Pad G building shall include shrubs and small trees. As per the Citywide Design Guidelines, 36" box trees shall be utilized to created focal points, define entries and otherwise offer variation to the overall landscaping design. The mix of trees shall be as follow: 20% at 36 inch box, 30% at 24 inch box, and 50% at 15 gallon. R:~D P~002\02-0605 Power Center Il\Staff repor~ PC 5-7-03.doc 19 12. 13. 14. A concrete mow curb shall be installed between turf and shrub areas. Modifications recommended in the letter dated Apdl 19, 2003 by the City's landscape amhitect, for the landscape plan's consistency with the Temecula Regional Center Specific Plan, shall be completed pdor to the submittal of construction landscape plan. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning 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. The Grading Plan shall conform to the revised Conceptual Grading Plan. Within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: The grading plan shall be amended to show all required turf planting areas at no more than a 4:1 maximum slope within the 15 feet planting area behind the sidewalk along North General Kearny Road, the 10 feet behind the sidewalk along the Mall Ring Road, and the 10 feet behind the sidewalk along the Mall Access Drive. The grading plan shall be revised to show finish grade contour lines on one-foot increments for verification of slope grades throughout the site and to determine where grading conflicts will occur between building pads, landscaping, and existing grades. Per the Regional Center Specific Plan, all retaining walls shall be limited to three (3) feet in height. No walls are permitted within the areas reserved for streetscape landscaping. The colors and materials for this project shall substantially conform to the following list of approved colors and materials and with the Color and Material Board (Exhibit H) contained on file with the Planning Department. Any deviation from the approved colors and materials shall require approval of the Director of Planning. Material Windows, doors Wall face Wall face and cornices Wall face Wall base Tower Walls Metal louver awning Wall columns Trellises columns Trellises and rafters Roofing Finish & Color Anodized aluminum storefront - clear glazing fine sand float stucco-BM 2161-40 Antique Rose fine sand float stucco-BM 2173-70 Woodland Snow fine sand float stucco-BM 2153-60 Rich Cream heavy dash stucco-BM 2161-50 Yellow Squash fine sand float stucco-BM 2172-40 Raspberry Parfait BM AC-19 Homestead Green Valley El Dorado Rustic Stone Veneer - Sequoia Rustic Ledge CDI - ST8 W030 split - Oatmeal Wood - California Rustic Concrete roof tiles Eagle Roofing Tile 5087 - gray/brown range R:~D P~2002~02-0605 Power Center II,Staff report PC 5-7-03.doc 20 Prior to the Issuance of Grading Permits 15. ThE: applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 16. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. 17. The applicant shall revise Exhibits "D, E, F, G, and H", (Site Plan, Elevations, Landscape, Grading Plan, Color and Material Board) to reflect the final Conditions of Approval and submit five (5) full size copies prior to the submittal of any plans for plan check. 18. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and of the colored version of approved Exhibit "H", the colored amhitectural elevations to the Planning Department for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 19. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 20. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval. These plans shall conform substantially with the approved Exhibit "F", or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). One (1) copy of the approved grading plan. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Total cost estimate of plantings and irrigation (in accordance with the approved plan). A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. Prior to the Issuance of Occupancy Permits 21. 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 Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. R:~D P~2002~02-0605 P,ower Center Il\Staff report PC 5-7-03.doc 21 22. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for 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 Planning, the bond shall be released upon request by the applicant. 23. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectodzed sign constructed of pomelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning 909 696-3000." In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 24. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. DEPARTMENT OF PUBLIC WORKS 25. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 23. A Grading Permit for a precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 24. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 25. All improvement plans, grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 26. The driveway on Margarita Road shall be restricted to right-in/right-out movements. R:~D P~2002',02-0605 Power Center II,Staff report PC 5-7-03.doc 22 Prior to Issuance of a Grading Permit 27. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works, The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 28. ThE, Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 29. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 30. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recemmendations to mitigate the impact of ground shaking and liquefaction. 31. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. 32. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No graHing shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 33. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: Planning Department Department of Public Works 34. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 35. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 36. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. R:~D P~002~02-0605 Power Center II,Staff report PC 5-7-03.doc 23 Prior to Issuance of a Building Permit 37. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula Standard No. 207A. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401 and 402. 38. The Developer shall construct the following public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public works. Street improvements, which may include, but not limited to: pavement, sidewalk, and drive approaches. 39. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 40. The Developer shall obtain an easement for ingress and egress over the adjacent property. 41. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 42. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of a Certificate of Occupancy 43. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 44. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District Department of Public Works 45. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. R:~D P~2002~02-0605 Power Center II,Staff report PC 5-7-03.doc 24 BUILDING & SAFETY DEPARTMENT 46. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 47. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 48. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 49. Obtain all building plans and permit approvals prior to commencement of any construction work. 50. Obtain street addressing for all proposed buildings prior to submittal for plan review, 51. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 52. Provide house electrical meter provisions for power for the operation of extedor lighting, fire alarm systems. 53. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 54. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 55. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 56. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 57. Provide precise grading plan at plan check submittal to check for handicap accessibility. 58. A pre-construction meeting is required with the building inspector prior to the start of the building construction, 59. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. 60. Show all building setbacks. R:~D P~2002~02-0605 Power Center II,Staff report PC 5-7-03.doc 25 61. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays FIRE DEPARTMENT 82. 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. 63. Within 30 days of approval and prior to any building permits being issued, the applicant must provide to the fire prevention bureau a revised site plan, floor plan and other drawings and documents to address all corrections listed on previous correction letters, acceptable to the Chief. 64. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 3000 GPM at 20-PSI residual operating pressure, plus an assumed sprinkler demand of 1850 GPM for a total fire flow of 5850 GPM with a 3 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 65. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. A minimum of 3 hydrants, in a combination of on-site and off- site (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access reads and adjacent to public streets. Hydrants shall be spaced at 400 feet apart, at each intersection and shall be located no more than 225 feet from any point on the street or Fire Department access road(s) frontage to an hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2,903.4.2, and Appendix Ill-B). 66. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2) 67. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) 68. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) R:'~D P~002\02-0605 Power Center II,Staff report PC 5-7-03.doc 26 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) Fir(; Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen {13) feet six (6) inches. (CFC 902.2.2.1) The gradient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 90~..2.2.6 Ord. 99-14) Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, and spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fir(; Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 ) Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identity fire hydrant locations. (CFC 901.4.3) Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall have a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to insl~ailation. (CFC Article 10, CBC Chapter 9) Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) R:~D P~2002~D2-0605 Power Center II,Staff report PC 5-7-03.doc 27 79. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and in a location as approved on the final site and floor plans. (CFC 902.4) 80. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 81. Prior to the building final, speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81 ) 82. Prior to the issuance of a Certificate of Occupancy or building final, 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 7901.3 and 8001.3) Special Conditions 83. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, NFPA - 13, 24, 72 and 231-C. 84. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 85. If there are changes to underlying maps then prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georeetified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in an ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. 86. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 87. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) R:~D F52002~2-0605 Power Center II,Staff report PC 5-7-03.doc 28 COMMUNITY SERVICES DEPARTMENT General Conditions 89. Th(; trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 90. Th(; developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 91. All parkways, landscaping, on-site lighting and fencing shall be maintained by the property owner or maintenance association. Prior to Issuance of Building Permits 92. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. OTHER AGENCIES 93. The applicant shall comply with the recommendations set forth in the Rancho Califomia Water District's transmittal dated November 18, 2002, a copy of which is attached. 94. The applicant shall comply with the recommendations set forth in the Riverside County Department of Environmental Health transmittal dated November 18, 2002, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conf~ormance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Commission approval. Applicant's Signature Name printed Date R:~D P~2002~02-0605 Power Center II',,Staff report PC 5-7-03.doc 29 November 18, 2002 Thomas Thomsley, Case Planne~0V City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY FOR PARCELS NO. 9, NO. 10, NO. 11, NO. 12, AND NO. 13 OF PARCEL MAP 28530-2; APNS 910-130-087 THROUGH 910-130-090; 910-130-092 AND 910-130-096; PLANNING APPLICATION NO. PA02-0605 Dear Mr. Thornsley: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. This project has the potential to become a commercial condominium site with individual building owners, and a homeowners' association maintaining the common property and private water and fire protection facilities. As a condition of the project, RCWD requires that the City include a Reciprocal Easement and Maintenance Agreement for these on-site p~ivate water facilities. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, Development Engineering Manager 02XSB:mclO2XFO12-T6~2F Laurie Williams, Engineering Services Supervisor Bud Jones, Senior Engineering Technician CObNTY OF RIVERSIDE · HEALTI-t SERVICES AGENCY November 18, 2002 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Thomas Thomsley RE: Plot Plan No. PA02-0605 Dear Mr. Thornsley: The Department of Environmental Health has reviewed the Plot Plan No. PA02-0605 commercial site for multiple building pads to build retail and restaurants and we have no objections. Sanitary sewer and water services are available in this area. 2. PRIOR TO ANY BUILDING PLAN CItECK APPROVAL for Environmental Health clearance, the following items are required: a) "Will-serve" letters from the appropriate water and sewering agencies. b) Three complete sets of plans for each food establishment (to include vending machines) will be submilled, including a fLxture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact Food Facility Plan examiners at (909) 600-6330). Sincerely, Q~M~e~,~v:ronmental (909) 955-8980 NOTE: Health Specialist Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. Local Enforcement Agenc~ * PO. Box 1280, Riverside, CA 92502 1280 * (909) 955-8982 * FAX (909) 781-9653 * 4080 Lemon 8i~eet, 9th Floor, Riverside, CA 92801 Land Use and Water En~tineerinll * PO. Box 1206, Riverside, CA 92502-1206 ' {909) 955-8980 * FAX {909} 955-8903 * 4080 Lemon Street, 2nd Hoor, Riveiside, CA 92501 ATTACHMENT NO. 2 PC RESOLUTION 2003- PA02-0606 CONDITIONAL USE PERMIT R:~D P~2.002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 30 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0606 - A CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 4,000 SQUARE FOOT RESTAURANT BUILDING WITH A DRIVE-THRU, ATA 9.24 ACRE COMMERCIAL CENTER WITHIN THE TEMECULA REGIONAL CENTER, LOCATED ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO. 910-130-092. WHEREAS, Jack Tarr, Diversified Investment Co., filed Planning Application No. PA02- 0606, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA02-0606 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA02-0606 on May 21,2003, at duly noticed public hearings 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; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA02-0606; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findings - Development Plan. The Planning Commission, in approving Planning Application No. 02-0606 hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal for a drive-thru restaurant is consistent with the land use designation and policies reflected for Community Commercial (CC) development in the City of Temecula General Plan, as well as the development standards for the Temecula Regional Center Specific Plan (SP-7) and the City of Temecula Development Code. The site is therefore properly planned and zoned and found to be physically suitable for commercial retail and restaurant uses. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The architecture proposed for the restaurant is consistent with the Architectural requirements as stated in the Temecula Regional Center Specific Plan (SP-7) and Design R:~D P~2002~02-0605 Power Center II,Staff report PC 5-7-O3.doc 31 Guidelines and the Commercial Performance Standards of the Development Code. The project has been reviewed for, and as conditioned, can be 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. Findinqs - Condition Use Permit. The Planning Commission, in approving Planning Application No. 02-0606 hereby makes the following findings as required by Section 17.04.010E of the Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed conditional use permit is consistent with the underlying site plan for this project, the City of Temecula General Plan and the applicable sections of the Development Code, and the Municipal Code. B. The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. The proposed conditional use permit, with conditions, is consistent with the City of Temecula General Plan and the applicable sections of the Development Code, and the Municipal Code. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscaping and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The proposed conditional use meets the zoning requirements for integration into the surrounding commercial developments. D. The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community. Provisions are made in the General Plan, the Regional Center Specific Plan, and the Development Code to ensure that the public health, safety, and welfare are safeguarded with the operation of the drive-thru facilities. The project is consistent with these documents and will be conditioned to meet all applicable requirements. E. The decision to conditionally approve the conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council. The project has been completely reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. Section 4. Environmental Compliance. A Notice of Determination for Planning Application No. 02-0606 was made per the California Environmental Quality Act Guidelines Section 15162. This section applies when an Environmental Impact Report (EIR) has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless there are substantial changes not discussed or examined in the EIR. R:\D P~002',0--,:-0605 Power Center II,Staff report PC 5-7-03.doc 32 Section 5. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA02-0606, a Conditional Use Permit for the design and construction of a 4,000 square foot restaurant building with a drive-thru, at a 9.24-acre commemial center within Temecula Regional Center located on the northwest comer of North General Keamey Road and Margarita Road, known as assessor pamel no. 910-130-092. The Conditions of Approval ara contained in Exhibit A. Section 6. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of May 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary {SEAL} STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) i, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2003- was duly and regularly adopted by the Planning Commission of the st City of Temecula at a regular meeting thereof held on the 21 day of May 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:~D P~2002~02~0605 Power Center II.taft report PC 5-7-03.doc 33 EXHIBIT A CONDITIONS OF APPROVAL PA02-0606 CONDITIONAL USE PERMIT/DEVELOPMENT PLAN R:~D P~002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 34 EXHIBIT A CiTY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA02-0606 (Conditional Use Permit; Development Plan) Project Description: Conditional Use Permit for the design and construction of a 4,000 square foot restaurant building with a drive- thru, at a 9.24-acre commercial center within Temecula Regional Center located on the northwest corner of North General Kearney Road and Margarita Road, known as assessor parcel no. 910-130-092. DIF Category: $2.00 per square foot (pursuant to the Development Agreement for the Promenade Mall Project PA96-0333) Assessor Parcel No.: 910-130-092 Approval Date: Expiration Date: May 21, 2003 May 21, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Community Development Department - Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and ail action the City deems to be in the best interest of the City and its citizens in regards to such defense. R:~D P~2002~02~0605 Power Center II,Staff reporl PC 5-7-03.doc 35 o This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. The applicant shall comply with ail mitigation measures contained in the approved Mitigation Monitoring Program for the Temecula Regional Center Specific Plan. The applicant shall comply with the Conditions of Approval for Planning Application No. 97- 0118 (Promenade Mall) and the Conditions of Approval for the Temecula Regional Center Specific Plan unless superceded by these Conditions of Approval. The development of the premises shall substantially conform to the approved Exhibit "D' (Site Plan) under PA02-0605, contained on file with the Planning Department. Additionally, within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: The parking of delivery vehicles shall not be permitted on site along the Margarita Road frontage. There shall be no storage or parking of delivery vehicles within this project site as per the Temecula Regional Center Specific Plan (Sec IV.C.10.1 .), except within the two designated spaces near the rear of the building. The exact design and finish of the "decorative concrete" shall be subject to reviewed and approved by Planning prior issuance of building permit. All ground mounted utility/mechanical equipment shall not be placed in prominent locations visible to the public. This equipment shall be screened from view. Per the Temecula Regional Center Specific Plan, the double detector check assembly must be installed underground. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of the transformer and the double detector check prior to final agreement with the utility companies. Parking lot lights shall be of a type consistent with the standards used throughout the Mall, which have been a dark bronze, round tapered pole with a mounded height of twenty (20) feet. The site lighting plan shall be approved by the Planning Department pdor to installation. Any outside wall-mounted lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. Details of these lights shall be submitted to the Planning Department during plan check for review prior to installation. The installation of wall pack style light shall not be used along the street side elevation. Building elevations shall substantially conform to the approved Exhibits "E-1 and E-2" (Building Elevations), contained on file with the Community Development Department - Planning. Additionally, within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: a. The screen wall along the upper portion of the raised parapet, of the building on Pad G, shall be finish consistent to the adjacent walls and shall include stucco and cornice treatments. R:\D P~002~0'-!-0605 Power Center il\Staff report PC 5-7-03.doc 36 The spandrel glass windows on the east and west elevations, of the building on Pad G, shall match the framing style of the windows used throughout the facility. The spandrel glass shall not be black or otherwise dark glass, which creates a negative space appearance to the building. Alternatively, these windows could be used for some sort of display relevant to the business. All mechanical and roof-mounted equipment shall be hidden by building elements that were designed for that purpose as an integral part of the building. When determined to be necessary by the Director of Planning, the parapet will be raised to provide for this screening. 10. The Landscaping Plan shall substantially conform to the approved Exhibit "F" (Landscape Plan) under PA02-0605, contained on file with the Community Development Department- Planning. Additionally, within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: 11. a. The landscaping planters on the west elevation of the Pad G building shall include shrubs and small trees. b. Modifications recommended in the letter dated Apd119, 2003 by the City's landscape amhitect, for the landscape plan's consistency with the Temecula Regional Center Specific Plan, shall be completed prior to the submittal of construction landscape plan. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning 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. 12. The colors and materials for this project shall substantially conform to the following list of approved colors and materials and with the Color and Material Board contained on file with the Planning Department. Any deviation from the approved colors and materials shall require approval of the Director of Planning. Material Windows, doors Wall cornices Wall face Wall base Metal awning Trellises columns Trellises Finish & Color Anodized aluminum storefront - clear glazing sand float stucco-BM 2161-50 Yellow Squash sand float stucco-BM 2153-60 Rich Cream Valley El Dorado Rustic Stone Veneer- Sequoia Rustic Ledge Aluminum Wood and Stone Veneer- Sequoia Rustic Ledge BM 2161-50 Yellow Squash Prior to the Issuance of Grading Permits 13. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. R:~D P~2002~02-0605 Power Center II~,taff report PC 5-7-03.doc 37 14. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. 15. The applicant shall revise Exhibits "D, E, F and G", (Site Plan, Elevations, Landscape Plan, Color and Matedal Board) to reflect the final Conditions of Approval and submit five (5) full size. copies prior to the submittal of any plans for plan check. 16. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and of the colored version of approved Exhibit "H", the colored amhitectural elevations to the Planning Department for their files, All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 17. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule, 18. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval. These plans shall conform substantially with the approved Exhibit "F", or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: eo Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). One (1) copy of the approved grading plan, Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Total cost estimate of plantings and irrigation (in accordance with the approved plan). A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. Prior to the Issuance of Occupancy Permits 19. 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 Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 20. Pedormance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for 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 Planning, the bond shall be released upon request by the applicant. R:~D P',2.002',D2-0605 Power Center Il\Staff report PC 5-7-03.doc 38 21. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, cleady and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning 909 696-3000." In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 22. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. DEPARTMENT OF PUBLIC WORKS 23. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 24. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 25. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 26. Grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of a Grading Permit 27. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 28. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. R:~D P~002',02-0605 Power Center Ii,Staff report PC 5-7-03.doc 39 29. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 30. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 31. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Planning Department Department of Public Works 32. Th(; Developer shall comply with all constraints, which may be shown upon an Emfironmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 33. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 34. ThE; Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 35. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, n(~ new charge needs to be paid. Prior to Issuance of a Building Permit 36. Precise grading plans shall conform to applicable City of Temecula Standards subject approval by the Director of the Department of Public Works. The following design criteria shall be observed: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401 and 402. 37. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 38. The Developer shall obtain an easement for ingress and egress over the adjacent property. R:'~) P~-002~0;.>-0605 Power Center II, Staff report PC 5-7-03.doc 4O 39. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 40. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of a Certificate of Occupancy 41. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 42. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District Department of Public Works 43. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. BUILDING & SAFETY DEPARTMENT 44. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 45. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 46. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 47. Obtain all building plans and permit approvals prior to commencement of any constru(~tion work. 48. Obtain street addressing for all proposed buildings prior to submittal for plan review. 49. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 50. Provide disabled access from the public way to the main entrance of the building. R:~D P~2002~02-0605 Power Center II,Staff report PC 5-7-03.doc 41 51. Previde van accessible parking located as close as possible to the main entry. 52. Previde house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 53. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 54. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 55. Previde electrical plan including load calculations and panel schedu e, p umbing schematic and mechanical plan for plan review. 56. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 57. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 58. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 59. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. 60. Show all building setbacks. 61. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays FIRE DEPARTMENT 62. 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. 63. Within 30 days of approval and prior to any building permits being issued, the applicant must provide to the fire prevention bureau a revised site plan, floor plan and other drawings and documents to address all corrections listed on previous correction letters, acceptable to the Chief. L R:~D P~002~2-0605 Power Center II,Staff report PC 5-7-03.doc 42 84. 65. 66. 67. 68. 69. 70. 71. 72. 73. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 2350 GPM with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. A minimum of 1 hydrant, in a combination of on-site and off- site (8" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to an hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B). As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2) If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads ara installed. Temporary Fire Department access reads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVVV with a minimum AC thickness of .25 feet. (CFC sec 902) Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four {24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) The gradient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) R:\D P~2002',D2-0605 Power Center Il\Staff report PC 5-7-03.d0c 43 74. 75. 76. 77. 78. 79. 80. 81. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, and spacing and minimum fire flow standards. After the local water company signs the plans, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 ) Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a cor~trasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall give a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and in a location as approved on the final site and floor plans. (CFC 902.4) Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. Prior to the building final, speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81) R:~D F~?.002~2-0605 Power Center IrtStaff report PC 5-7-03.doc 44 82. Prior to the issuance of a Certificate of Occupancy or building final, 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 7901.3 and 8001.3) Special Conditions 83. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, NFPA - 13, 24, 72 and 231-C. 84. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 85. If there are changes to underlying maps then prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in an ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. 86. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 87. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) COMMUNITY SERVICES DEPARTMENT General Conditions 88. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 89. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 90. All parkways, landscaping, on-site lighting and fencing shall be maintained by the property owner or maintenance association. Prior to Issuance of Building Permits 91. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. R:'~D P~2002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 45 OTHER AGENCIES 92. The applicant shall comply with the recommendations set forth in the Riverside County Department of Environmental Health transmittal dated November 18, 2002, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Commission approval. Applicant's Signature Name printed Date R:~D P~?.002~0;!-0605 Power Center II,Staff report PC 5-7-03.doc 46 COUNTY OF RIVERSIDE · HEALTH SERVICES AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH November 18, 2002 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Thomas Thornsley RE: Plot Plan No. PA02-0607 Dear Mr. Thornsley: 1. The Department of Environmental Health has reviewed the Plot Plan No. PA02-0607 Islands Restaurant and we have no objections. Sanitary sewer and water services are available in this area. 2. PRIOR TO ANY BUILDING PLAN CHECK APPROVAL for Environmental Health clearance, the following items are required: a) "Will-serve" letters from the appropriate water and sewering agencies. b) Three complete sets of plans for each food establishment (to include vending machines) will be submitted, including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact Food Facility Plan examiners at (909) 600-6330). Sincerely, ~nmental Health Specialist (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. Local Enforcement Agency * RO. Box 1280, Riverside, CA 92502-1280 * (909) 955-8982 * FAX (909) 781-9653 * 4080 Lemon Stxeet, 9~h Floor, Riverside, CA 92501 Land Use and Water Engineering * PO. Box 1206, Riverside, CA 92502-1206 * (909) 955-8980 * FAX (909) 955-8903 * 4080 Lemon Street, 2nd Floor, Riverside, CA 92501 ATFACHMENT NO. 3 PC RESOLUTION NO. 2003- PA02-0607 DEVELOPMENT PLAN R:~D P~2002~02-0605 Power Center II,Staff report PC 5-7-03.doc 47 PC RESOLUTION NO. 2003~__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0607 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 5,514 SQUARE FOOT RESTAURANT, ATA 9.24 ACRE COMMERCIAL CENTER WITHIN THE TEMECULA REGIONAL CENTER, LOCATED ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO. 910-130-096. WHEREAS, Lewis Jackson, Islands Restaurant, filed Planning Application No. PA02-0607, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA02-0607 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA02-0607 on May 21,2003, at duly noticed public hearings 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; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA02-0607; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. The Planning Commission, in approving Planning Application No. 02-0607 hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal for a restaurant is consistent with the land use designation and policies reflected for Community Commercial (CC) development in the City of Temecula General Plan, as well as the development standards forthe Temecula Regional Center Specific Plan (SP-7) and the City of Temecula Development Code. The site is therefore properlyplanned and zoned and found to be physically suitable for commercial retail and restaurant uses. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The architecture proposed for the restaurant is consistent with the Architectural requirements as stated in the Temecula Regional Center Specific Plan (SP-7) and Design Guidelines and the Commercial Performance Standards of the Development Code. The project has been reviewed for, and as conditioned, can be found to be consistent with, all R:~D P~002~2-0605 Power Center II,Staff report PC 5-7-O3.doc 48 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 Compliance. A Notice of Determination for Planning Application No. PA02-0607 was made per the California Environmental Quality Act Guidelines Section 15'162. This section applies when an Environmental Impact Report (EIR) has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless there are substantial changes not discussed or examined in the EIR. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA02-0607, a Development Plan for the design, construction and operation of a 5,514 square foot restaurant, at a 9.24 acre commercial center within the Temecula Regional Center, on a 9.24 acre lot on the northwest corner of North General Kearney Road and Margarita Road, and known as Assessor Parcel No. 910-130-096. The Conditions of Approval are contained in Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21 st day of May 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary {SEAL} R:~D P~2002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 49 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2003-.__ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21st day of May 2003, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:~D P~2002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 50 EXHIBIT A CONDITIONS OF APPROVAL PA02-0607 DEVELOPMENT PLAN R:~D P~.002~02-0605 Power Center II,Staff report PC 5-7-03.doc 51 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA02-0607 (Development Plan) Project Description: The design, construction and operation of a 5,514 square foot restaurant, at a 9.24-acre commercial center within the Temecula Regional Center, on a 9.24-acre lot on the northwest corner of North General Kearney Road and Margarita Road. DIF Category: $2.00 per square foot (pursuant to the Development Agreement for the Promenade Mall Project PA96-0333) Assessor Parcel No.: 910-130-096 Approval Date: May 21, 2003 Expiration Date: May 21, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. Ifwithinsaid forty-eight (48) hour periodthe applicant/developer has not delivered to the Community Development Department - Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. R:~D F~2002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 52 o 10. 11. 12. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. Th(; applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program for the Temecula Regional Center Specific Plan. The applicant shall comply with the Conditions of Approval for Planning Application No. 97- 0118 (Promenade Mall) and the Conditions of Approval for the Temecula Regional Center Specific Plan unless superceded by these Conditions of Approval. Th(; development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan) under PA02-0605, contained on file with the Planning Department. Additionally, within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans. Th(; development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan), contained on file with the Planning Department, and as amended under PA02- 0605. Parking lot lights shall be of a type consistent with the standards used throughout the Mall, which have been a dark bronze, round tapered pole with a mounded height of twenty (20) feet. The site lighting plan shall be approved by the Planning Department prior to installation. Any outside wall-mounted lighting shall be hooded and directed so as not to shine directly upen adjoining property or public rights-of-way. Details of these lights shall be submitted to the Planning Department during plan check for review prior to installation. The installation of wall pack style light shall not be used along the street side elevation. ThE; development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan) under PA02-0605, contained on file with the Planning Department. Additionally, within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: Building elevations shall substantially conform to the approved Exhibits "E-1 and E-2" (Building Elevations), contained on file with the Planning Department as amended by these changes: All mechanical and roof-mounted equipment shall be hidden by building elements that were designed for that purpose as an integral part of the building. When determined to be necessary by the Director of Planning, the parapet will be raised to provide for this screening. The Landscaping Plan shall substantially conform to the approved Exhibit "F" (Landscape Plan) under PA02-0605, contained on file with the Planning Department. Additionally, within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans. R:~D P~2002~02-0605 Power Center Il\Staff report PC 5-7~03.doc 53 13. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning 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. 14. The colors and materials for this project shall substantially conform to the following list of approved colors and materials and with the Color and Material Board contained on file with the Planning Department. Any deviation from the approved colors and materials shall require approval of the Director of Planning. Material Windows, doors Wall face Wall base Wall stonework Canvas awnings Finish & Color Wood with Olympic Stain #716 - semi transparent stain Textured exterior stucco-SW1109, Tan Smooth texture stucco, SW1103 - Dark Biege Valley El Dorado Rustic Stone Veneer - Sequoia Rustic Ledge Sunbrella #8602, 8610, Wood Siding Resawn cedar board and batten siding, Olympic Stain #911 - Feather Gray Roofing Flat concrete roof tile Roofing (tower element) Corrugated metal roof, factory finish - Galvanized Prior to the Issuance of Grading Permits 15. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 16. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. 17. The applicant shall revise Exhibits "D, E, F and G", (Site Plan, Elevations, Landscape Plan, Color and Material Board) to reflect the final Conditions of Approval and submit five (5) full size copies prior to the submittal of any plans for plan check. 18. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color pdnts of the approved Color and Materials Board and of the colored version of approved Exhibit "H", the colored architectural elevations to the Planning Department for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 19. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 20. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval. These plans shall conform substantially with the approved Exhibit "F", or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: R:\D P~002~)2-0605 Power Center Il\Staff report PC 5-7-03.doc 54 so Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). One (1) copy of the approved grading plan. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Total cost estimate of plantings and irrigation (in accordance with the approved plan). A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the properly. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. Prior to the Issuance of Occupancy Permits 21. 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 Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 22. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for 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 Planning, the bond shall be released upon request by the applicant. 23. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not: displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning 909 696-3000." In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 24. All ef the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. R:~D P~2002~0'..)-0605 Power Center II,Staff report PC 5-7-03.doc 55 DEPARTMENT OF PUBLIC WORKS 26. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 27. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 28. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 29. Grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of a Grading Permit 30. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 31. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 32. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 33. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 34. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Planning Department Department of Public Works 35. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. R:~D P~2002~02-0605 Power Center II,Staff report PC 5-7-03.doc 56 36. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 37. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 38. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. Prior to Issuance of a Building Permit 39. Precise grading plans shall conform to applicable City of Temecula Standards subject approval by the Director of the Department of Public Works. The following design criteria shall be observed: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401and 402. 40. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 41. The Developer shall obtain an easement for ingress and egress over the adjacent property. 42. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.05 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 43. Th(; Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of a Certificate of Occupancy All public improvements shall be constructed and completed per the approved plans and city standards to the satisfaction of the Director of the Department of Public Works. 45. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District Department of Public Works R:~D P~2002~0;.)-0605 Power Center II,Staff report PC 5-7-03.doc 57 46. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. BUILDING & SAFETY DEPARTMENT 47. All design components shall comply with applicable provisions of the 2001 edition of the Califomia Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 48. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 49. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 50. Obtain all building plans and permit approvals prior to commencement of any construction work. 51. Obtain street addressing for all proposed buildings prior to submittal for plan review. 52. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 53. Provide disabled access from the public way to the main entrance of the building. 54. Provide van accessible parking located as close as possible to the main entry. 55. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 56. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 57. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 58. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 59. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 60. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. R:~D P~2002~02-0605 Power Center IEStaff report PC 5-7-03.doc 58 61. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 62. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. 63. Shew all building setbacks. 64. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- qua. rter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays FIRE DEPARTMENT 62, 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. 63. Within 30 days of approval and prior to any building permits being issued, the applicant must provide to the fire prevention bureau a revised site plan, floor plan and other drawings and documents to address ail corrections listed on previous correction letters, acceptable to the Chief. 64. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commemial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 2350 GPM with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2., Appendix Iii-A) 65. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-I. A minimum of I hydrant, in a combination of on-site and off- site (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to an hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B). 66. As required by the California Fire Code, when any portion of the facility is in excess of 150 feel: from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2) R:~D P~2002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 59 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) The gradient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, and spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commemial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall have a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) R:~D P~2002~02-0605 Power Center II,Staff report PC 5-7-03.doc 60 77. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fir(; sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to insl~llation. (CFC Article 10, CBC Chapter 9) 78. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 79. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and in a location as approved on the final site and floor plans. (CFC 902.4) 80. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 81. Prior to the building final, speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81 ) 82. Pdor to the issuance of a Certificate of Occupancy or building final, 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 7901.3 and 8001.3) Special Conditions 83. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, NFPA - 13, 24, 72 and 231-C. 84. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the FirE; Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 85. If there are changes to underlying maps then prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI Arolnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. R:'tD P~2002~2~0605 Power Center Il\Staff report PC 5-7-03.doc 61 86. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 87. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) COMMUNITY SERVICES DEPARTMENT General Conditions 89. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containem. 90. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 91. All parkways, landscaping, on-site lighting and fencing shall be maintained by the property owner or maintenance association. Prior to Issuance of Building Permits 92. The developer shall provide TCSD verification of arrangements made. with the City's franchise solid waste hauler for disposal of construction debris. OTHER AGENCIES 93. The applicant shall comply with the recommendations set forth in the Riverside County Department of Environmental Health transmittal dated November 18, 2002, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Commission approval. Applicant's Signature Name printed Date R:~D P~00~02-0605 Power Center Ii,Staff report PC 5-7-03.doc 62 ~',~'~ F1 COUNTY OF RIVERSIDE. HEALTH SERVICES AGENCY F1 November 18, 2002 NOV 2 0 2002 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Thomas Thornsley RE: Plot Plan No. PA02-0606 Dear Mr. Thornsley: 1. The Department of Environmental Health has reviewed the Plot Plan No. PA02-0606 Krispy Kreme Donuts and we have no objections. Sanitary sewer and water services am be available in this area. 2. PRIOR TO ANY BUII.BING PLAN CHIgCK APPROVAL for Environmental Health clearance, the following items are required: a) "Will-serve" letters from the appropriate water and sewering agencies. b) Three complete sets of plans for each food establishment (to include vending machines) will be submitted, including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact Food Facility Plan examiners at (909) 600-6330). Sincerely, ~~ental Health Specialist (909) 955-898{) NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. Local Enforcement Agency . RO. Box 1280, Riverside, CA 92502-1280 · {909} 955-8982 · FAX (909} 781-9653 · 4080 Lemon Street, 9th Floor. Riverside, CA 92501 Land Use and Water Engineering · PO Box 1206, Riverside, CA 925024206 · 1909) 955-8980 · FAX {9091 955-8903 · 4080 Lemon S~eet. 2nd Floor, Riverside, CA 92501 ATTACHMENT NO. 4 EXHIBITS R:~D P~002',02-0605 Power Center II,Staff report PC 5-7-03.doc 63 CITY OF TEMECULA PLANNING APPLICATION NO. PA02-0605 (Development Plan) EXHIBIT A PLANNING COMMISSION DATE - May 21, 2003 VICINITY MAP R:~D P~2002~02-0605 Power Center II,Staff report PC 5-7-03.doc 64 ClTY OFTEMECULA EXHIBIT B ZONING MAP EXHIBIT C DESIGNATION -CC ~ Commercial) PLANNING APPLICATION NO. PA02-0605 (Development Plan) PLANNING COMMISSION DATE - May 21,2003 R:~D P~2002~02-0605 Power Center II.taft report PC 5-7-03.doc 65 CITY OF TEMECULA POWER KEY MAP THE PROMENADE MALL SPECIFIC PLAN RESIDENTIAL · REFER IO CIVIL PLAN FOR EASEMENT PLANNING APPLICATION NO. PA02-0605 (Development Plan) EXHIBIT D PLANNING COMMISSION DATE - May 21, 2003 SITE PLAN R:'~D P~2002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 66 CITY OF TEMECULA PLANNING APPLICATION NO. PA02-0605 (Development Plan) EXHIBIT E-1 PLANNING COMMISSION DATE - May 21,2003 R:~D P~?.002~02-0605 Power Center II,Staff report PC 5-7-03,doc 67 CITY OF TEMECULA 8 16 4 G K L I 11 E D PLANNING APPLICATION NO. PA02-0605 (Development Plan) PLANNING COMMISSION DATE - May 21 ~ 2003 ELEVATION R:~D P~002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 68 CITY OF TEMECULA FLOOR A,DPR0[ SCALE 1/16"=1'-0" PLANNING APPLICATION NO. PA02-0605 (Development Plan) EXHIBIT E-3 PLANNING COMMISSION DATE - May 21~ 2003 R:~D P~2002~02-0605 Power Center II, Staff report PC 5-7-03.doc 69 CITY OF TEMECULA G©NCEPTUAL LANDSCAPE PLAN PLANNING APPLICATION NO. PA02-0605 (Development Plan) EXHIBIT F-1 PLANNING COMMISSION DATE - May 21,2003 LANDSCAPE PLAN R:~O P~2002\02~)605 Power Center Il\Staff report PC 5-7-03.doc 70 CITY OF TEMECULA /T -,000 SF PLANNING APPLICATION NO. PA02-0605 (Development Plan) EXHIBIT F-2 PLANNING COMMISSION DATE - May 21,2003 LANSCAPE PLAZA R:~D P~2002',02-0605 Pewer Center Ii,Staff report PC 5-7-03.doc 71 CITY OF TEMECULA . .~ ~ ~ ARCE PLANNING APPLICATION NO. PA02-0606 (Condition Use Permit) EXHIBIT D PLANNING COMMISSION DATE - May 21,2003 ENLARGED SITE PLAN R:~D P~2002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 72 CITY OF TEMECULA PLANNING APPLICATION NO. PA02-0606 (Condition Use Permit) EXHIBIT E-1 PLANNING COMMISSION DATE - May 21, 2003 R:~,D P~_002~02-0605 Power Center II~Steff report PC 5-7-03.doc 73 CITY OF TEMECULA ~I~LANNING APPLICATION NO. PA02-0606 (Condition Use Permit) EXHIBIT E-2 ELEVATION PLANNING COMMISSION DATE - May 21,2003 R:\D P',2.002~2-0605 Power Center Il\Staff report PC 5-7-03.doc 74 CITY OF TEMECULA PROPERTY - UNE SETBACK ~c~.~ / j -- CONCRETE WALK (¥YP.) CON~RETERNISH - 36"' H. PaTiO WALL P,~O HEATER ('Pm.) / / PLANNING APPLICATION NO. PA02-0607 (Development Plan) EXHIBIT D PLANNING COMMISSION DATE - May 21, 2003 ENLARGED SITE R:~D P~2002~02-0605 Power Center II'~taff report PC 5-7-03.doc 75 CITY OF TEMECULA WEST ELEVATION SOUTH ELEVA~qON NO. PA02-0607 (Development Plan) E-1 PLANNING COMMISSION DATE - May 21,2003 ELEVATION R:~D P~002~02-0605 Power Center Ii,Staff report PC 5-7-03.doc 76 CITY OF TEMECULA EAST ELEVATION NORTH ELEVATION PLANNING APPLICATION NO. PA02-0607 (Development Plan) EXHIBIT E-2 PLANNING COMMISSION DATE - May 21, 2003 ELEVATION R:~D P~2002~02-0605 Power Center II,Staff report PC 5-7-03.doc 77 ITEM #4 ClTY OFTEMECULA COMMUNITY DEVELOPMENTDEPARTMENT PLANNING DIVISION MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Debbie Ubnoske, Planning Director June 4, 2003 Planning Application No. PA03-0145 is a request for a Substantial Conformance to change the approved material on office buildings at the Overland Corporate Center, located on the northwest corner of Overland Drive and Margarita Road within The Regional Center Specific Plan. PREPARED BY: RECOMMENDATION: BACKGROUND Thomas Thornsley, Associate Planner That the Planning Commission approve, by Minute Action, a Substantial Conformance (PA03-0145) request to change the approved material for the base of the four approved office buildings at the Overland Corporate Center from authentic sandstone to a faux finish sandstone. On July 18, 2001, the Planning Commission approved PA00-0397 including imposing a Condition of Approval for the applicant to add "sandstone" around the base and to the columns of the four office buildings. At the meeting for the Overland Corporate Center, the Planning Commission found the overall design of the buildings acceptable, however, expressed a need for additional accent for the buildings. The applicant's architect proposed to include sandstone for accenting the buildings. During the construction phase, the applicant discovered that sandstone in large cut slabs as difficult to obtain and the stability of the stone could not be assured. The applicant found that large slabs of sandstone have a tendency to sheer or flake off. The applicant considered using 12" x 12" tiles but concluded that this remedy would create a "busy look". After considering these issues, the applicant chose to apply faux finish sandstone to the buildings. This finish is essentially a plaster finish that is applied to the building and stained to resemble the color streaks found in authentic sandstone. This was done without notifying Staff. During a site inspection Staff noticed the change to the approved material and directed the applicant to file a Substantial Conformance. Staff has determined the faux finish to be an acceptable alternative to the approved material as it provides the desired aocent for the buildings. R:~SUB CONFORMANCEx2003\03-0145 Overland Coqoorate Center,PC memo 6-4-03.doc ITEM #5 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION June 4, 2003 Planning Application No. PA03-0118 (Development Plan) Prepared By: Thomas Thornsley, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Commission: 1. Planning .ADOPT a Notice of Exemption for Planning Application No. PA03-0118 (Development Plan) pursuant to Section 15332 of the California Environmental Quality Act; ADOPT a Resolution entitled: PC RESOLUTION NO. 2003-__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0118 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 28,100 SQUARE FOOT RETAIL BUILDING ON AN UNDEVELOPED PORTION OF A 4.15 ACRES PARCEL WITHIN THE TOWER PLAZA CENTER, LOCATED ON THE NORTHWEST CORNER OF YNEZ ROAD AND RANCHO CALIFORNIA ROAD, KNOWN AS ASSESSOR PARCEL NO. 921- 260-030. APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: GENERAL PLAN DESIGNATION: EXISTING ZONING: STDR Architects, 3190-K Airport Loop Ddve, Costa Mesa, CA A Development Plan for the design and construction of a 28,100 square foot retail store (Big Lots) on an undeveloped portion of a 4.15 acre parcel within the Tower Plaza Center. On the west side of Ynez Road north of Rancho California Road (next to Michael's) in the Tower Plaza Center (APN 921-260-030). CC (Community Commercial) CC (Community Commercial) R:~D P~003~03-0118 Big Lots\Staff report PC 6-4-03.doc 1 SURROUNDING ZONING: North: CC (Community Commercial) South: CC (Community Commercial) East: CC (Community Commercial) West: CC (Community Commemial)/HT (Highway Tourist) EXISTING LAND USE: Vacant lot in a Shopping Center SURROUNDING LAND USES: North: Shopping Center South: Shopping Center East: Shopping Center West: Shopping Center PROJECT STATISTICS Total Gross Area: New Building Area: Total Building Area: Paving: Hardscape: Landscape Area*: 180,778 sc 28,100 sc 51,562 sc 107,424 sc 5,779 sc 16,013 sc * Landscaping for the entire center is 21 percent. Tower Plaza Center Parking: uam feet uare feet uare feet uare feet uare feet uare feet 4.15 acres 16% 29 % 59 % 3% 9% Parking space available currently: Parking spaces lost due to the proposed project: Parking space available with the proposed project: Parking required with the proposed project: Commercial (1:300) Total shortage of parking spaces with the proposed project: 1,441 spaces 47 spaces 1,394 spaces 1,415 spaces 39 spaces BACKGROUND This project site was originally approved for two 24,000 square foot buildings that would be developed in two phases. The first building was completed in 1998. Since that time the second building pad has remained vacant. In Decernber 2002 a request was made to increase the size of the approved building by 4,000 square feet, a 15 pement increase in floor space. Therefore, staff determined that this i.ncrease in square footage exceeded staff's authority for the approval of this request. The applicant submitted a formal application on February 27, 2003, which is the subject of this staff report. PROJECT DESCRIPTION Development Plan The applicant is proposing the design and development of a 28,100 square foot retail building on a vacant 24,000 square foot building pad within the Tower Plaza Center. The additional building square footage comes from the elimination of 47 parking spaces (23 spaces along the north edge of the pad and 24 spaces along the west property line). This building pad is located on the northwest corner of the center next to Michael's. The proposed building will be single story keeping with the same architectural style as the existing buildings within the center. R:~D P~2.003V)3-0118 Big Lots\Staff report PC 6-4-03.doc 2 Site Plan/Circulation The project site is within the exiting Tower Plaza Center and all circulation and site development has been completed. Delivery access is at the rear of the building. The loading dock will be slightly angled from a parallel placement along the rear wall in similar fashion to the neighboring store. Architecture This building will continue the same contemporary style amhitecture as the Michael's building and will be attached to it. The storefront entry is a Iow profile tower element with a sloped tile roof. Along the front of the building is a covered colonnade with a sloped tile roof supported by round stucco columns. A colonnade with a sloped tile roof has been included on the side elevation for enhancement and a small tower with pitched roof in on the rear corner of the building. The finish of the building is beige stucco with clear glass window and framing to match the existing building. Parking The development of the site will require the removal of 47 spaces. This will decrease the total parking for the center to 1,394 spaces. The increase in floor area is the proposed project and will require an additional 18 spaces for a total of 1433 required parking spaces throughout the center. The Development Code permits shared parking for daytime and nighttime uses. Since the center includes a diverse mix of uses with day and night time use (retail, office, theater, restaurants, and night clubs), staff recommends approval of the reduction in the number of parking spaces. Landscaping The perimeter of the site and the parking lot are currently landscaped. Two landscape planters and a decorative concrete plaza flank the entry of the building. Large, 48-inch box, Califomia Sycamores will be planted at the entry along with Indian Hawthorn and Daylilies. Landscape planters along the side of the building will include Yew Pines, Indian Hawthorn, Daylilies, and Star Jasmine. Carolina Jessamine vines will be planted and trained to each column around the building. Replacement trees and shrubs will be installed in the surrounding parking area where necessary. ANALYSIS Architecture and Site Design This project is designed to be consistent with the architecture of the center. It meets the standards of the Development Code, and the architectural elements in the City-Wide Design Guidelines. The landscape's consistent with the Center's landscape theme. Access and internal circulation will not be impaired with the enlargement of the building. Parking The proposed project will result in an overall shortage of 39 spaces (2.7 percent) within the entire center. The Development Code allows for shared parking and the diverse mix of uses within the center (retail, office, theater, and restaurant and nightclubs) would allow for shared parking based on the operating hour (daytime verses nighttime) of those uses. As an example, the theater needs to provide over 350 parking spaces, which are primarily used in the evening while this projects peak usage will be during the day. Currently, it does not appear that there is a parking deficiency within the center based on staff's assessment. Staff, therefore, supports the use of shared parking. R:'tO P~003\03-0118 Big Lots\Staff report PC 6-4-03.doc 3 A portion of the parking area for this project is in the far northwest corner of the center and is currently used by Armstrong's Nursery for outside plant sales. With the development of this project it may be necessary to convert this sales area into 60 parking spaces. However, staff and the applicant's assessment of this project area during the previous holiday season found that there was an abundance of available parking between Armstrong's, Michael's, and North County Bank. Considering the remoteness of this parking area and the impact its development would have on an exiting business, staff has proposed delaying the development of this parking area. Staff's proposal, with the applicant's consent, is to forego the parking area installation at this time and assess the parking needs throughout the new business's first year of operation. The applicant is being conditioned to bond for the installation of the parking area should it be deemed necessary. Staff is supportive of this proposal because of its potential benefit to two businesses. ENVIRONMENTAL DETERMINATION The proposed project is exempt from environmental review based on Section 15332 (In-Fill Development Projects) of the California Environmental Quality Act. There are no potentially significant environmental constraints on the site; the project is consistent with the General Plan designation and zoning regulations; is located on a site within the city limits, which is served by all utilities; and is less than 5 acres in area. GENERAL. PLAN AND ZONING CONSISTENCY The project is consistent with Community Commercial (CC) land use designations of the Temecula General Plan and the Development Code. Upon approval of the Development Plan as conditioned, the project will meet all of the guidelines and standards for office development prescribed by the Development Code and the Design Guidelines. SUMMARY/CONCLUSIONS The project has been determined by staff to be consistent with applicable City policies, standards and guidelines. We believe it is compatible with the nature and quality of surrounding development, and will represent an attractive, functional and economic addition to the City's commercial and employment base. FINDINGS - DEVELOPMENT PLAN The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal is consistent with the land use designation and policies reflected for Community Commercial (CC) development in the City of Temecula General Plan, as weft as the development standards for the Community Commercial (CC) Zone in the City of Temecula DevelopmentCode. Thesiteisthereforeproperlyplannedandzonedandfound to be physically suitable for a commercial retail use. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The architecture proposed for the office is consistent with the existing center's architecture, the Design Guidelines, and the Commercial Performance Standards of the Development Code. The project has been reviewed for, and as conditioned, can be 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. R:~D P~003~03-0118 Big Lots\Staff report PC 6-4-03.doc 4 Attachments PC Resolution - Blue Page 6 Exhibit A - Conditions of Approval - Blue Page 10 Exhibits - Blue Page 21 A. Vicinity Map B. Zoning Map C. General Plan D, Site Plan E. Elevation - Single Story F. Elevation - Two Story G. Landscape Plan R:~D P~003~3-0118 Big Lots~,Staff report PC 6-4-03.doc 5 ATrACHMENT NO. 1 PC RESOLUTION NO. 2003- R:~) P~003~)3-0118 Big Lots\Staff report PC 6-4-03.doc PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0118 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 28,100 SQUARE FOOT RETAIL BUILDING ON AN UNDEVELOPED PORTION OF A 4.15 ACRE PARCEL WITHIN THE TOWER PLAZA CENTER, LOCATED ON THE NORTHWEST CORNER OF YNEZ ROAD AND RANCHO CALIFORNIA ROAD, KNOWN AS ASSESSOR PARCEL NO. 921- 260-030. WHEREAS, STDR Architects, filed Planning Application No. PA03-0118, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA03-0118 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA03-0118 on June 4, 2003, at duly noticed public hearings 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; WHEREAS, atthe conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA03-0118; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. The Planning Commission, in approving Planning Application No. 03-0118 hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal is consistent with the land use designation and policies reflected for Community Commercial (CC) development in the City of Temecula General Plan, as well as the development standards for the Community Commercial (CC) in the City of Temecula Development Code. The site is therefore properly planned and zoned and found to be physically suitable for a commercial retail use. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The architecture proposed for the office is consistent with the existing center's architecture, the Design Guidelines, and the Commercial Performance Standards of the Development Code. The project has been reviewed for, and as conditioned, can be found to be consistent R:'~D P~2003~3-0118 Big Lots\Staff report PC 6-4-03.doc 7 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 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 in and around the site. The project has been reviewed for, and as conditioned has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Section3. Environmental Compliance. The proposed project is exempt from environmental review based on Section 15332 (In-Fill Development Projects) of the California Environmental Quality Act. There are no potentially significant environmental constraints on the site; the project is consistent with the General Plan designation and zoning regulations; is located on a site within the city limits, which is served by all utilities; and is less than 5 acres in area. Section 4. .Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. 03-0118, a Development Plan to design, and construct a 28,100 square foot retail store on a portion of a 4.15 acre parcel located on the northwest corner of Ynez Road and Rancho California Road, and known as Assessor Parcel No. 921-260-030. The Conditions of Approval are contained in Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 4th day of June 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary {SEAL} R:\D P~003\03-0118 Big Lots\Staff report PC 6-4-03,doc 8 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certifythat PC Resolution No. 2003- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 4th day of June 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:~D P~003~03-0118 Big Lots\Staff report PC 6-4-03.doc 9 EXHIBIT A CONDITIONS OF APPROVAL DEVELOPMENT PLAN R:~D P~2003\03-0118 Big Lois\Staff report PC 6-4-03.doc EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA03-0118 (Development Plan) Project Description: The design, and construction of a 28,100 square foot retail store on a 4.15 acre lot located on the northwest corner of Ynez Road and Rancho California Road. DIF Category: Retail Commercial Assessor Parcel No.: 921-260-030 Approval Date: June 4, 2003 Expiration Date: June 4, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Sixty- four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. R:~D P~003~03-0118 Big Lots\Staff report PC 6-4-03.doc This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial censtruction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. The development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan), contained on file with the Community Development Department - Planning Division. Additionally, the following criteria must be met prior to development of the project: a. The design of the "decorative paved concrete" shall be subject to review and approval by Planning prior issuance of building permit. b. All ground mounted utility/mechanical equipment shall not be placed in prominent locations visible to the public. This equipment shall be screened from view. c. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of the transformer and the double detector check prior to final agreement with the utility companies. Any outside wall-mounted lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. Details of these lights shall be submitted to the Planning Department during plan check for review prior to installation. The installation of wall pack style light shall not be used along the street side elevation. Building elevations shall substantially conform to the approved Exhibit "E" (Building Elevations), contained on file with the Community Development Department - Planning Division as amended by these changes: a. All mechanical and roof-mounted equipment shall be hidden by building elements that were designed for that purpose as an integral part of the building. When determined to be necessary by the Director of Planning, the parapet will be raised to provide for this screening. The Landscaping Plan shall substantially conform to the approved Exhibit "F" (Landscape Plan) and as amended by the following: a. The health of the landscaping along the west property line adjacent to the freeway right-of-way Margarita Road shall be assessed and replaced if it is found to be in poor or damaged condition. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning 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. The colors and materials for this project shall substantially conform to the followin(j list of approved colors and materials and with the Color and Material Board contained on file with the Community Development Department - Planning Division. Any deviation from the approved colors and materials shall require approval of the Director of Planning. R:\D P~003\03-0118 Big Lots\Staff report PC 6-4-03.doc 12 Material Storefront Windows & Doors Wall face texture and color Columns and Colonnade Finish & Color To match existing To match existing To match existing Prior to the Issuance of Grading Permits 10. The applicant shall sign both copies of the final conditions of approval that will be provided to the Planning Department staff, and return one signed set to the Planning Department for their files. 11. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. 12. If necessary the applicant shall revise Exhibits "D, E, F and G", (Site Plan, Elevations, Landscape Plan, Color and Material Board) to reflect the final Conditions of Approval and submit five (5) full size copies. 13. The applicant shall submit to the Community Development Department - Planning Division for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and of the colored version of approved Exhibit "E", the colored architectural elevations to the Community Development Department - Planning Division for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 14. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 15. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Community Development Department - Planning Division for approval. These plans shall conform substantially with the approved Exhibit "F", or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with the approved plan). e. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. R:\D P~003~03-0118 Big Lots\Staff report PC 6-4-03,doc Prior to the Issuance of Occupancy Permits 16. Prior to occupancy the owner shall bond for the cost of designing and constructing the undeveloped parking lot in the northwest corner of the shopping center. The duration of this bond shall be for no less than two years. During that time parking assessments shall be made to determine if there is a need for the construction of this parking lot. If corrstruction of the parking area does not appear to be necessary at the end of the two years, a bond release request may be made to the Director of Planning. If the bond is being released without the construction of the parking lot, then a deed restriction shall be placed on the property noting that the construction of the parking lot can be required by the Director of Planning, at anytime, should parking for the shopping center become a problem, as determined by the Director of Planning. A copy of the deed restriction shall be reviewed and approved by the City prior to recording. 17. 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 Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 18. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Community Development Department - Planning Division for 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 Planning, the bond shall be released upon request by the applicant. 19. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed Of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, (,;]round, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: 20. "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning 909 696-3000." In addition to the above requirements, the surface of each parking place shall have a sudace identification sign duplicating the Symbol of Accessibility in blue paint of al: least 3 square feet in size. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. R:~D P~003~03-0118 Big Lots\Staff report PC 6-4-03.doc DEPARTMENT OF PUBLIC WORKS 21. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 22. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 23. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of a Building Permit 24. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 25. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 26. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address ail soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 27. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System {NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 28. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works R:~D P\2003\03-0118 Big Lots\Staff report PC 6-4-03.doc 15 29. Precise grading plans shall conform to applicable City of Temecula Standard.,; subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum ow~r A.C. paving. 30. ThE; building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 31. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 32. ThE; Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of a Certificate of Occupancy 33. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 34. As deemed necessary by the Department of Public Works, the Developer shall receive wrilten clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 35. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. BUILDING & SAFETY DEPARTMENT 36. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 37. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31,2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. R:',D P~003',03~)118 Big Lots~Staff report PC 6-4-03.dcc 16 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. Obtain all building plans and permit approvals prior to commencement of any construction work. Obtain street addressing for all proposed buildings prior to submittal for plan review. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. Provide precise grading plan at plan check submittal to check for handicap accessibility. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. Show all building setbacks. Signage shall be posted conspicuously at the entrance to the project that indicates the hoars of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday: 6:30 a.m. - 6:30 p.m. Saturday: 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays R:\D P~2003\03-0118 Big Lots\Staff report PC 6-4-03.doc FIRE DEPARTMENT 53. 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. 54. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commemial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 2250 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 3100 GPM with a 3 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 55. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. A minimum of 2 hydrants, in a combination of on-site and off- site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 450 feet apart, at each intersection and shall be located no more than 225 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available frem any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B) 56. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC: 903.2) 57. If construction is phased, each phase shall provide approved access and fire protection pdor to any building construction. (CFC 8704.2 and 902.2.2) 58. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent reads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) 59. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. ( CFC sec 902) 60. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6)inches. (CFC 902.2.2.1) 61. Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) R:~D P~2003\03-0118 Big Lots\Staff report PC 6-4-03.doc 18 62. 63. 64. 65. 66, 67. 68, 69. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. 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. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 ) Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. Prior to the building final, speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81) R:\D P~003\03-0118 Big Lots\Staff report PC 6-4-03.doc 19 Special Conditions 70. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 71. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) COMMUNITY SERVICES DEPARTMENT General Conditions 79. All landscaping, on-site lighting and fencing shall be maintained by the property owner or private maintenance association. 80. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 81. The developer shall contact the City's franchised solid waste hauler for disposal of Prior to Issuance of Building Permits 82. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. OTHER AGENCIES 83. The applicant shall comply with the recommendations set forth by the City o'[ Temecula Police Department Crime prevention in a transmittal dated April 2, 2003, a copy of which is attached. 84. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated March 7, 2003, a copy of which is attached. 85. The applicant shall comply with the recommendations set forth in the Riverside County Department of Environmental Health transmittal dated March 10, 2002, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Commission approval. Applicant's Signature Name printed Date R:~) P~003~03-0118 Big Lots~Staff repod PC 6-4-03.doc 2O CITY OF TEMECULA POLICE DEPARTMENT CRIME PREVENTION & pLANs UNIT 27540 Ynez Road, Suite J-9, Temecula, CA 92591 (909) 506-2626 Fax: (909) 506-2838 Date: Apdl 2, 2003 Proposal: A 28,100 square foot retail store (Big Lots). Permit Number: PA03-0118 Case Planner: Thomas Thomsley Applicant: STDR Architects (Michael Riley) / Big Lots The following comments pertains to Officer Safety, Public Safety and Cdme Prevention measures regarding this planning application request. 1. LANDSCAPING: Applicant shall ensure all landscaping surrounding the building are kept at a height of no more than three feet (3') or below the ground floor windowsills. Plants, hedges and shrubbery should be defensible plants to deter would-be intruders from breaking into the building utilizing lower level windows. (a) Applicant should ensure all trees surrounding the building roof top be kept at a distance so as to deter roof accessibility by "would-be burglars." Trees also act as a natural ladder. Prune tree branches with at least a 6 feet clearance from building. (b) Any burms should not exceed 3' in height. (c) The placement of all landscaping should comply with guidelines from Crime Prevention Through Environmental Design (CPTED). 2. LIGHTING: All exterior lighting surrounding the building should be energy-saving and minimized after closing hours of business to comply with the State of California Lighting Ordinance. Fudhermore, all exterior lighting must comply with Mt. Palomar Lighting Requirements. (a) All exterior doors should have their own vandal resistant fixtures installed above, The doors shall be illuminated with a minimum one (1) foot candle of light at ground level, evenly dispersed. 3. HARDWARE: All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 4. GRAFFITI: Any graffiti painted or marked upon the building shall be removed or painted over within twenty-four (24) hours of being discovered. Notify the Temecula Police Department immediately so a report can be taken. 5. ALARM ;SYSTEM: Upon completion of construction, the building shall have a monitored alarm system installed and monitored 24-hours a day by a designated pdvate alarm company, to notify the police department immediately of any intrusion. All multi-tenant office/warehouse located within the building should have their own alarm system. 6. ROOF HATCHES: All roof hatches shall be painted "International Orange." 7. PUBLIC 'TELEPHONES: Any public telephones located on the exterior of the building should be piaced in a well-lighted, 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 intedor of the buildings. 8. CRIME PREVENTION: (a) All retailing businesses shall contact the California Retailers Association for their booklet on the California Retail Theft Law at: Califomia Retailers Association 1127- 11th Street, Suite 1030, Sacramento, CA 95814 (916) 443-1975. Penal Code 490.5 affords merchants the opportunity to recover their losses through a civil demand program. (b) Business desiring a business security survey of their location can contact the crime prevention unit of the Temecula Police Department. © Employee training regarding retail theft, credit card prevention, citizen's arrest procedures, personal safety or any other related crime prevention training procedures are also available through the crime prevention unit. (d) The Temecula Police Department affords all retailers the opportunity to participate in the "lnkless Ink Program." At a minimal cost of less than $40.00 for inkless inkpads, retailers can take a thumbprint of every customer using a personal check to pay for services. A decal is also posted on the front entry of the business-advising customers of the "lnkless Ink program in use". If the business becomes a victim of check fraud, the police department will be able to track the suspect with the thumbprint. Any questions regarding these comments shall be referred to the Temecula Police Department Cdme Prevention and Plans Officer at (909) 506-2626. Lynn N. Fanene, Sr. March 7, 2003 Thomas Thomsley, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY PORTIONS OF PARCELS NO. 1, NO. 2, AND NO. 11 OF PARCEL MAP NO. 17454 APN 921-260-030 PLANNING APPLICATION NO. PA03-0118 Dear Mr. Thornsley: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 03~qB:at060\F012-T6~FCF OF ENViRONMENTAL HFALTHCO m'v or · s vlc s March 10, 2003 City of Temecula Planning Department . / Temecula, CA 92589-9033 RE: Plot Plan No. PA03-0118 Dear Thomas Thornsley: 1. The Department of Environmental Health has reviewed the Plot Plan No. PA03-0118, Big Lots retail store, and we have no objections. Sanitary sewer and water services ar~ available in this area. 2. PRIOR TO ANY BUILDING PLAN CHECK APPROVAL for Environmental Health clearance, the following items are required: a) "Will-serve" letters from the appropriate water and sewering agencies. b) Three complete sets of plans for each food establishment (to include vending machines) will be submitted, including a fixture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact Food Facility Plan examiners at (909) 600-6330). Sincerely, mental Health Specialist (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Bui~lding Plan review four final Department of Environmental Health clearance. 4065 County Circle Drive · Riverside, CA 92503 · Phone (909) 358-5316 e FAX (909) 358-5017 (Mailing Address - P.O. Box 7600 · Riverside, CA 92513-7600) ~,,,~o~,,~,~,~,~. A'FI'ACHMENT NO. 2 EXHIBITS R:~D P~2003~03-0118 Big Lots\Staff report PC 6-4-03.doc 21 CiTY OF TEMECULA PLANNING APPLICATION NO. PA03-0118 (Development Plan) EXHIBIT A VICINITY MAP PLANNING COMMISSION DATE - June 4, 2003 R:\D P~2003\03-0118 Big Lots\Staff report PC 6-4-03.doc CITY OF TEMECULA EXHIBIT C DESIGNATION - CC (Community Commercial) PLANNING APPLICATION NO. PA03-0118 (Development Plan) PLANNING COMMISSION DATE - June 4, 2003 R:\D P~2003~03-O118 Big Lots\Staff report PC 6-4-03.doc CITY OFTEMECULA m -- z ° ~ PLANNING APPLICATION NO. PA03-0118 (Development Plan) EXHIBIT D PLANNING COMMISSION DATE - June 4, 2003 SITE PLAN R:~D P~003~3-0118 Big Lots\Staff report PC 6-4-03.doc CITY OFTEMECULA PLANNING APPLICATION NO. PA03-01:18 (Development Plan) EXHIBIT E PLANNING COMMISSION DATE - June 4, 2003 ELEVATION R:\D P~003\03-0118 Big Lots\Staff report PC 6-4~03.doc CITY OF TEMECULA EXISTING ?S CRAFTS STORE 'BI LOTS. PLANNING APPLICATION NO. PA03-0118 (Development Plan) EXHIBIT F PLANNING COMMISSION DATE - June 4, 2003 LANDSCAPE PLAN R:~D P~2003~03-0118 Big Lots\Staff report PC 6-4-03.doc ITEM #6 CITY OFTEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Debbie Ubnoske, Planning Director June 4, 2003 A request for approval of a staff initiated Substantial Conformance to change the Development Impact Fee category for Planning Application No. PA01-0648, expansion of the Fountains at Temecula Senior Apartment Community, located on the northwest corner of Nicholas Road and Winchester Road Known as Assessor's Parcel Number 920-090-006. PREPARED BY: RECOMMENDATION: BACKGROUND Thomas Thornsley, Associate Planner That the Planning Commission approve, by Minute Action, a staff initiated Substantial Conformance request for PA01-0648 to change the Development Impact Fee category from Single Family Detached to Office and to delete Condition of Approval No. 110. On June 26 2002, the Planning Commission approved PA01-0648, a Development Plan to construct 102 adult oriented apartment units as an expansion of the already constructed 244 unit Fountains at Temeeula Senior Apartment Community. The DIF category assigned to the 244 units project was Office. The proposal for the additional 102 units was inadvertently approved with conflicting DIF categories of Single Family Detached and Single FamilyAttached. To establish consistency with the original project, staff is requesting that the DIF category for this project to be re-designated as Office by deleting Condition of Approval No. 110 and change the DIF category in the Conditions of Approval. Attachments Exhibit A- Revised Conditions of Approval for Planning Application PA01-0646 - Blue Page 6 R:\SUB CONFORMANCE~2003\Fountains Expansion DIF Change\PC memo.doc EXHIBIT A CONDITIONS OF APPROVAL PA01-0648 R:\SUB CONFORMANCEQ,003~Foun~ain$ Expansion DIP Cbange~PC memo.doc EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA01-0648 Development Plan Project Description: A proposal to construct and operate two three story building (totaling 47,655 square feet and 48,930 square feet) with a total of 102-apartment unit on a 3.4-acre portion of an 11.7-acre site as an expansion of the Fountains at Temecula Senior Apartment Community. DIF Category: Sing e:Fami y Detached Assessor's Parcel No.: 920-090-006 Approval Date: Expiration Date: PLANNING DIVISION June 26, 2002 June 26, 2004 Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Sixty- Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements The permittee/applicant shall indemnify, defend with counsel of City's own election, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an 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 which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said R:\SUB CONFORMANCEX2003\Fountains Expansion D1F Change~C memo.doc 3 amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. All conditions shall be complied with prior to any occupancy or use allowed ~y this Development Plan. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. The development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan), contained on file with the Community Development Department - Planning Division. Additionally, the following criteria must be met prior to development of the project: a. The installation of the off site enhanced pavement between this project site and the existing site, as depicted on the site plan, shall be install in conjunction with this project's development. b. The construction drawings shall indicate coordination and grouping of all utilities, which are to be screened from view per applicable City Codes and guidelines. c. All ground mounted utility/mechanical equipment shall be located such that they are not placed in prominent locations visible to the public unless they can be place underground, sited on the interior of the site, or screened to the satisfaction of the Director of Planning. d. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of acceptable placement of the transformer and the double detector check valves prior to final agreement with the utility companies. Building elevations shall substantially conform to the approved Exhibit "E" (Building Elevations), contained on file with the Community Development Department - Planning Division. Additionally, the following criteria must be met prior to development of the project: a. All mechanical and roof-mounted equipment shall be hidden by building elements that were designed for that purpose as an integral part of the building. ~Nhen0 determined to be necessary by the Director of Planning; the parapet will be raised to provide for this screening. b. Further accenting shall be provided to the ends of both buildings such as pitched roof eave projections over ground level access door to utility rooms and the trash enclosure roll-up door. C. The end of the covered carport adjacent to the Santa Gurtudis Creek and nearest Winchester Road shall be constructed with a full wall to screen the vehicles. R:\SUB CONFORMANCEL?.003~Fountain$ Expansion DIF Change\PC memo doc 4 Landscaping shall substantially conform to the approved Exhibit "F' (Landscape Plan), contained on file with the Community Development Department - Planning Division. Additionally, the following criteria must be met prior to development of the project: a. The construction landscape drawings shall indicate all utilities, which are to be screened from view per applicable City Codes and guidelines. 10. Landscaping installed for the project shall substantially conform to the approved Exhibit "F" (Landscape Plan) and be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning 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. The colors and materials for the project shall substantially conform to those noted directly below and with Exhibit "H" (Color and Material Board), contained on file with the Community Development Department - Planning Division. Exterior Plaster in wood float sand finish Wood Facia and Exposed Wood Trim Accent Color on handrails, gutters and downspouts Tile Roof La Habra Plaster Co. #x9511 (grey) La Habra Plaster Co. #x3713 (beige) La Habra 'Plaster Co. #x80220 (tan) Olympic Satin "Outside White" Frazee 4904D (light olive green) - Pioneer Concrete Roof Tiles WS-503 (dark grey) Pioneer Concrete Roof Tiles WS-516 (medium grey) Pioneer Concrete Roof Tiles WS-472 (tan/gray) 11. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program approved under PA98-0511 (PDO-3), which sets the development criteria for this property. 12. The owner shall provide a public access easement between the terminus of Nicholas Road and the existing Santa Gertrudis Creek multi-use trail subject to the review and approval of the Riverside County Flood Control and Water Conservation District and the City of Temecula. 13. The owner shall provide an access gate between the project site and the Santa Gertrudis Creek multi-use trail. The specific location(s) and design of the access point(s) shall be reviewed and approved by the Riverside County Flood Control and Water Conservation District and the City of Temecula. 14. Should access to the Santa Gertrudis Creek multi-use trail not be attainable bythe applicant or the City after a good faith effort with the Riverside County Flood Control and Water Conservation District, the applicant shall install a pedestrian access (handicap accessible) between Building "F" and the sidewalk along Winchester Road. Such access shall be installed prior to final occupancy. Prior to Issuance of Grading Permits 15. The applicant shall sign both copies of the final conditions of approval that will be provided bythe Community Development Department - Planning Division staff, and return one signed set to the Community Development Department - Planning Division for their files. R:~SUB CONFORM ANCEk2003~Fountains Expansion D1F ChangeXPC memo.doe 5 16. The applicant shall submit to the Community Development Department - Planning Division for permanent filing two (2) 8" X 10" glossy photographic color prints of the appreved Color and Materials Board and of the colored version of approved Exhibit "F", the colored architectural elevations to the Community Development Department - Planning Division for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 17. The, applicant shall submit a parking lot lighting plan to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordi~aance. The, parking lot light standards shall be placed in such a way as to not adversely' impact the gro~h potential of the parking lot trees. 18. A copy of the Grading Plan shall be submitted and approved by the Planning Department. 19. The, applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Building Permit 20. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. 21. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 22. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Community Development Department - Planning Division. These plans shall conform substantially with the approved Exhibit "H", or as amended by these conditions. The location, number, genus, species, and container size of the plants s,nall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with approved plan). e. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. Prior to Building Occupancy 23. The property owner shall fully install all required landscaping and irrigation, and submit a landscape maintenance bond in a form and amount approved by the Planning Department for a period of one-year from the date of the first occupancy permit. R:~UB CONFORMANCEx2003LF'ountains Expansion D1F Change~PC memo.doc 6 24. The construction plans shall indicate the application of painted rooftop addressing plotted on a 9-inch grid pattern with 45-inch tall numerals spaced 9-inch apart. The numerals shall be painted with a standard 9-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. DEPARTMENT OF PUBLIC WORKS 25. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 26. A Grading Permit for either rough and/or precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 27. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 28. An Encroachment Permit shall be obtained from the California Department of Transportation prior to commencement of any construction within an existing or proposed State right-of- way. 29. The vehicular movement for the driveway on Winchester Road is restricted to right-in/right- out. 30. All improvement plans and grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of a Grading Permit 31. A copy of the grading, 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 the issuance of any permit. 32. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 33. A permit from the Army Corps of Engineers is required for any work within the Santa Gertrudis Channel. ¸34. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. R:\$UB CONFORMANCEk2003Wountains Expansion DIF Change'u~2 memo.doe 7 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. Th(; Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Depadment of Public Works with the initial grading plan check. The, report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the proiect is shown to be exempt. The Developer shall obtain an encroachment permit from Caltrans prior to commencement of any construction within the existing State right-of-way, including the proposed driveway. As deemed necessary by the Director of the Department of Public Works, thE; Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Riverside County Flood Control and Water Conservation District Army Corps of Engineers Planning Department Department of Public Works The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. The Developer shall obtain any necessary letters of approval or slope easements for off-site work pedormed on adjacent properties as directed by the Department of Public Works. R:\SUB CONFORMANCE~2003Wountalns Expansion DIF ChangeXPC memo.doc 8 45. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 46. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone A. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code, which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. Prior to Issuance of a Building Permit 47. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400,401and 402. d. All street and driveway centerline intersections shall be at 90 degrees. e. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. f. All concentrated drainage directed towards the public street shall be conveyed through under sidewalk drains. 48. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Winchester Road (Urban Arterial Highway Standards - 134' RAN) to include installation of sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). 49. The Developer shall construct the following public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Street improvements, which may include, but not limited to: sidewalks, drive approaches, signing, striping b. Storm drain facilities c. Sewer and domestic water systems d. Under grounding of proposed utility distribution lines 50. Bus bays will be designed at all existing and proposed bus stops as directed by Riverside Transit Agency and approved by the Department of Public Works. R:~SUB CON FO RMAN CE~2.003Wountains Eotpansion DIF Change~PC memo.doc 9 51. All access rights, easements for sidewalks for public uses shall be submitted and reviewed by lhe Director of the Department of Public Works and City Attorney and approved by City Council for dedication to the City where sidewalks meander through private properl:y. 52. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 53. The Developer shall obtain/grant an easement for ingress, egress and parking over the adjacent property. 54. An easement for a joint use driveway shall be provided prior to the issuance of building permit. 55. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecuia Municipal Code and all Resolutions implementing Chapter 15.06. Prior to Issuance of a Certificate of Occupancy 56. The existing Memorandum of Understanding between the City and Caltrans dated October 13, 1995 shall be amended to allow a right-in/right-out vehicular movement onto Winchester Road. 57. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 58. Corner property line cut off shall be required per Riverside County Standard No. 805. 59. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Depadment of Public Works. 60. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. FIRE DEPARTMENT 61. 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 that are in force at the time of building plan submittal. 62. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-III-A-1. The appficant shaflprovide at time ofplan review a copy of the original conditions of approval showing the originally required fire flow, and a current fire flow test meeting those standards. If the applicant is unable to provide R:\SUB CONFORMANCE\2003\Fountains Expansion D1F Change\PC memo.doc 63. 64. 65. 66. 67. 68. 69. 70. 71. the original conditions of approval this project will be required to provide for this project, a water system capable of delivering 4000 GPM at 20-PSI residual operating pressure with a 4-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix ill-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-IIi-B-1. The applicant shall provide at time of plan review a copy of the original conditions of approval showing the originally required fire hydrant spacing and distances for this land~site, AND current evidence of meeting those standards. If the applicant is unable to provide the original conditions of approval this project will be required to provide 7 super fire hydrants (6" x 4" x 2-2 1/2" outlets) located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced 250 feet apart, at each intersection and shall be located no more than 150 feet from any point on the street or Fire Department access read(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Iii-B) As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved reute around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2) Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac shall be forty-five (45) feet. (CFC 902.2.2.2.3 and Subdivision Ord 16.03.020) If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) The gradient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) R:XSUB CON FOR MANCEx2003XFounmins Expansion DIF ChangeXPC memo.doc 11 72. 73. 74. 75. 76. 77. 78. 79. 80. Prior to building construction, this development shall have two (2) points of access, 'via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature blook; and conform to hydrant type, location, and spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and NF:PA 24 1-4.1) Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall give a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) Prior to issuance of a Certificate of Occupancy or building final, a directory ,display monument sign shall be required for apartment, condominium, townhouse or mobil(; 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. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Adicle 10) Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) 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 902.4) R:\SUB CONFORMANCE~2003kFountains Expansion DIF Change'PC memo.doc 81. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. Special Conditions 82. Prior to issuance of a Certificate of Occupancy or building final simple plot and floor plans, each as an electronic file of the DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 83. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 84. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) BUILDING AND SAFETY 85. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 86. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 87. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 88. Obtain all building plans and permit approvals prior to commencement of any construction work. 89. Obtain street addressing for all proposed buildings prior to submittal for plan review. 90. Disabled access from the public way to the main entrance of the building is required. The path of travel shall meet the California Disabled Access Regulations in terms of cross slope, travel slope stripping and signage. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 91. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 92. Provide disabled access from the public way to the main entrance of the building. R:\SUB CONFORMANCE~2003~Foun~ains Expansion DIF Changeh°C memo.doc 13 93. Provide van accessible parking located as close as possible to the main entry. 94. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 95. Restroom fixtures, number and type, to be in accordance with the provisions of the 1998 edition of the California Building Code Appendix 29. 96. Provide an approved automatic fire sprinkler system. 97. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 98. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 99. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 100. Provide precise grading plan for plan check submittal to check for handicap acces.,;ibility. 101. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 102. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. 103. Show all building setbacks. 104. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0.-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday: 6:30 a.m. - 6:30 p.m. Saturday: 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays COMMUNITY SERVICES General Requirements 105. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 106. The developer shall provide adequate space for a recycling bin within the trash enclosure areas. 107. All parkways, open space areas, and landscaping shall be maintained bythe propeR/owner or a private maintenance association. R:~SUB CON FORM A N C EX2003~Fountains E~xpansion DIF Change'PC memo.doc 14 108. During construction, the developer shall provide temporary measures acceptable to the Department of Public Works and the Community Services Department for the protection of the Santa Gertrudis Recreational trail from any silt, drainage, or other construction debris. Prior to Building Permits 109. The developer shall satisfy the City's parkland dedication requirement (Quimby)through the payment of in-lieu fees equivalent to .62 acres of parkland, based upon the City's then current land evaluation. Said requirement includes a 50% credit for private recreational opportunities provided on-site and shall be pro-rated at a per dwelling unit cost prior to the issuance of building permits. !!0. Tho dovolopor s .......................................... · ..... r- ............ rato rogular,z ........ · .......· ............................................ = ~. ........... 111. Prior to issuance of Building permits or installation of streetlights, whichever comes first, the developer shall file an application with the TCSD and pay the appropriate energy fees related to the transfer of said streetlights into the TCSD maintenance program. Prior to Certificates of Occupancy 112. After construction and prior to certificates of occupancy, the developer shall provide permanent measures acceptable to the Department of Public Works and the Community Services Department for the protection of the Santa Gertrudis Recreational Trail from silt and drainage. OUTSIDE AGENCIES 113. The applicant shall comply with the recommendations set forth in the Rancho California Water District transmittal dated December 31,2001. 114. The applicant shall comply with the recommendations set forth in the Riverside County Department of Environmental Health transmittal dated January 11, 2002. 115. The applicant shall comply with the recommendations set forth in the Riverside County Flood Control and Water Conservation District transmittal dated March 25, 2002. 116. The applicant shall comply with the recommendations set forth in the Airport Land Use Commission's transmittal dated January 9, 2002, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Name printed Date I,[:\SUB CONFORMANCE\2003\Fountains Expansion DIF Change\PC memo.doc 15