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Home My WebLink About030205 PC Agenda .g In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE March 2, 2005 - 6:00 P.M. ******** Next in Order: Resolution No. 2005-08 CALL TO ORDER Flag Salute: Commissioner Chiniaeff Roll Call: Chiniaeff, Guerriero, Olhasso, Telesio, and Mathewson . PUBLIC COMMENTS 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 not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three (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. . R:\PLANCOMMlAgendas\2005\03-02-05.doc 1 Aqenda RECOMMENDATION: . 1.1 Approve the Agenda of March 2, 2005 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 January 19,2005 2 Planninq Application No. PA04-0393. a Development Plan, submitted bv Curry Brandaw Architects. to construct. establish. and operate a three-story senior conqreqate care facilitv consistinq of 115 units on 2.1 acres and an exception to the development standards to reduce the onsite parkinq requirements bv 13 spaces, located on the southeast corner of Villaqe Road and Township Road within the Harveston Specific Plan, Matthew Harris, Associate Planner. . 3 Planninq Application No. PA04-0616 a Development Plan, submitted bv Bruce Keeton Trust, for a third and final Extension of Time to construct. establish and operate a 15,883 square foot office buildinq on a .64 acre lot, located at the southwest knuckle of Enterprise Circle North (APN 909-282-013), Matthew Harris. Associate Planner. New Items 4 Planninq Application No. PA05-0027, a Development Aqreement Amendment, submitted bv Wolf Creek Development LLC, reqardinq financinq responsibilities, improvements and buildinq permit timinq thresholds for the linear park, neiqhborhood park. Kent Hinterqardt Park and the Civic Use Parcel at Wolf Creek. located east of Pechanqa Road. north of Deer Hollow Wav, south of Loma Linda Road in tract 29305. Cheryl Kitzerow. Associate Planner, Cathv McCarthv, Development Services Administrator. 5 Planninq Application No. PA04-0160, a Development Plan, submitted bv Shane Shaw of Growth Manaqement Company, to construct a 43.400 square foot concrete tilt-up buildinq used for specialty automotive parts warehousinq and manufacturinq, located on the southwest corner of Bostik Court and Winchester Road, Christine Damko, Associate Planner. . R:\PLANCOMMlAgendas\2005\03-02-05.doc 2 . . . 6 Plannina Application No. PA04-0231. a Development Plan, submitted bv Allen Robinson of The Sienna Company, to redevelop Butterfield Square, a commercial shoppinq center consistinq of seven buildinqs totalinq approximatelv 9.400 square feet. resultinq in four two- stOry buildinos totalinq 22.048 square feet on 0.55 acres, located at the southeast corner of Old Town Front Street and Third Street IAPN 922-043-005, 922-043-006. 922-043-007) Stuart Fisk. Associate Planner. 7 Planninq Application No. PA05-0592. a Maior Modification to a Conditional Use Permit! Development Plan. submitted bv Architectural Team 3, Lon Bike. to add 1,900 square feet of dininq area and 1,148 square feet of patio area to the third stOry of the buildino, located at 42072 Fifth Street IAPN 922-035-023), Stuart Fisk, Associate Planner. COMMISSIONERS' REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next regular meeting: Wednesday, March 16, 2005, 6:00 PM, Council Chambers, 43200 Business Park Drive, Temecula, California. R:\PLANCOMM\Agendas\2005\O~02-05.doc 3 . ITEM #2 . . . . . STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: March 2, 2005 Prepared by: Matthew Harris Title: Associate Planner File Number PA04-0393 Application Type: Development Plan Project Description: A Development Plan to construct, establish and operate a three-story senior congregate care facility consisting of 115 units on a 2.12 acre site. The subject property is located at the southeast corner of Village Road and Township Road in the Harveston Specific Plan area. Recommendation: (Check One) ~ Approve with Conditions o Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial CEQA: (Check One) o Categorically Exempt (Class) ~ Notice of Determination Exempt from Further Review 15162 (Section) o Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR R:\D P\2004\04-0393 Harveston Retirement Residence\2nd STAFF REPORT. dot 1 PROJECT DATA SUMMARY . Applicant: Curry Brandaw Architects General Plan Designation: Low Medium (LM) Zoning Designation: Low Medium (LM) & Mixed-Use Overlay Zone Site/Surrounding Land Use: Site: Vacant North: South: East: West: Elementary School Apartment Complex Apartment Complex Child Day-Care Facility Lot Area: 2.12 Acres (Net) Total Floor Area/Ratio Not Applicable Landscape Area/Coverage 15 % Required/ 38 % +/- Provided Parking Required/Provided 81 Spaces/79 Spaces . BACKGROUND SUMMARY ~ 1. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. The attached "Project Review Worksheet" (Attachment A) has been completed and staff has determined that the proposed project is consistent with the General Plan, City-wide Design Guidelines, the Harveston Specific Plan and Development Code. The proposed congregate care facility was considered by the Planning Commission at the January 19, 2005 meeting. Upon taking testimony from both the applicant and area residents, the Commission voted to continue the item to the March 2, 2005 Planning Commission meeting for redesign. The Commission requested that the building be reduced in height and that additional onsite parking be provided. In addition, the Commission requested that the applicant consider incorporating retail uses into the proposed facility. On February 3, 2005, a Planning Commission sub-committee consisting of Commissioners Guerriero and Telesio met with the applicant to consider their redesign proposal. The project architect has eliminated the fourth story entirely without reducing the total number of living units. Subsequently, the overall height of the building has been reduced significantly. Moreover, a subterranean parking garage has been incorporated into the project thereby creating enough parking spaces to satisfy onsite parking requirements. While no retail component has been incorporated into the facility, the sub-committee members felt that the project modifications proposed by the applicant serve to substantially address the issues identified by the Planning Commission. Subsequently, the subcommittee requested that staff . bring the redesigned facility back to the Planning Commission for consideration. On February R\D P\2004\04-0393 Harveston Retirement Residence\2nd STAFF REPORTdot 2 . . . 11 th and 17th two additional meetings were held between staff, the project architect and three area residents. Based on those meetings additional building offsets and single-story elements were incorporated into the Township Road building elevation so as to be more compatible with nearby single-family residences. PROJECT DESCRIPTION Site Plan The main entrance into the facility will be located on the east side of the property. Residents and guests will access the main entrance from the parking area. The onsite parking lot is now two levels and partially subterranean. The top portion of the parking facility will be accessed via two 24-foot wide driveways located off Harveston Drive and Landings Road respectively. The lower portion of the parking facility will be accessed via a third driveway off Landings Road. A landscaped exterior courtyard will be constructed within the interior of the facility providing outdoor passive recreational opportunities for the residents. An exterior courtyard access will be provided to Village Road for emergency purposes within a 12-foot wide building separation area. The Fire Department is requesting that the width of the separation be expanded to 24-feet. In accordance with the Harveston Specific Plan, no driveway access will be provided directly off of Township Road due to potential conflicts with adjacent elementary school traffic. Moreover, no driveway access will be provided off of Village Road so as to achieve a continuous pedestrian oriented building frontage within the Harveston Village. Architecture Building architecture will continue to emulate an "Americana" style which is in keeping with the style of surrounding buildings being constructed within the Harveston Village. The entire fourth story of the building has been eliminated. However, the articulation and ornamentation proposed for the original building have been maintained. The redesigned building will continue to achieve a variety of setbacks, offsets and pop-outs including covered porches, and patios along the first- story and balconies on upper stories. A decorative portico will be utilized at the main building entrance for formality. In addition, varying rooflines, single-story elements and decorative windows will serve to break-up the mass of the three-story structure and provide visual interest. A decorative tower element is still proposed for aesthetic purposes at the corner of Village Road and Landings Road and a second tower has been added at the corner of Village Road and Township Road. . Materials/Colors A mixture of painted shingle, hardiplank, stone veneer and stucco siding materials will be utilized along with a composition shingle roof. Five different colors will be used to differentiate between shingle siding, stucco, trim and accent features. Decorative light fixtures will be placed at parking lot entrances. Landscapinq Landscaping is still provided around the entire base of the building to frame the structure and separate it from surrounding pavements. Screening will also be achieved between the on site parking areas and street frontages. The main entrance to the facility will be accentuated and formalized with a variety of specimen trees and flowering shrubs. Numerous trees have been provided within the exterior courtyard to create shade and summer cooling along with decorative paving and seating opportunities. ' R:\D P\2004\04-0393 Harveston Retirement Residence\2nd STAFF REPORT.dot 3 Nine varieties of trees will be utilized on site including 48" box magnolia and-sweet gum at the building entrance and courtyard. Sixteen varieties of shrubs will be planted including Viburnum, . Pittosporum, Boxwood and Nandina. ANALYSIS Site Plan Staff has determined that the redesigned project, as conditioned, conforms to all of the applicable development standards in the Low Medium (LM) and Mixed-Use Overlay zoning districts. The building setbacks, refuse collection area design, and site lighting all meet the minimum requirements of the Specific Plan. Parkinq The Harveston Specific Plan requires that off-street parking requirements for specific uses within the Mixed-Use Overlay Zone be addressed at the site plan review phase. The City's Development Code has a specific off-street parking standard for congregate care facilities which requires Yz of a covered space per unit plus one uncovered space per 5 units for guest parking. Staff has determined that 58 covered spaces and 23 uncovered spaces (81 total spaces) are required to serve the facility. The Commission felt that the 15 percent parking reduction associated with the previous design of the facility was not adequate to serve the facility. A total of 79 on site parking spaces (41 covered) are now provided in association with the redesigned facility which is much closer to the Development Code requirement. Staff believes the parking facilities are adequate given that approximately 20% of the residents will have vehicles and a shuttle service is provided. Staff has determined that three motorcycle parking spaces must be . provided onsite. This has been made a recommended condition of approval. Buildinq Desiqn Area residents expressed concern regarding the height and mass of the previously proposed four-story facility' stating that the building was much larger than any other buildings in the Harveston community. . Since that time, the project architect has completely eliminated the fourth-story of the building resulting in an overall building height of 42-feet 4-inches which is weli below the maximum 50-foot height requirement within the Mixed-Use Overlay Zone. The same number of units will be achieved onsite given that a one-level subterranean parking facility has been incorporated into the design allowing for a larger building footprint onsite. Moreover, in response to area residents concerns, the project architect has utilized additional offsets and one- story building elements along the Township Road building elevation to achieve a compatible scale with nearby single:family residences. Both staff and the Planning Commission subcommittee believe the redesigned building serves to adequately address the area residents concerns regarding building height, mass and scale. Staff also believes the redesigned facility continues to be consistent with all applicable Mixed-Use Overlay Zone Site Planning and Design Guidelines as specified in the Harveston Specific Plan. Retail Proiect Component The Planning Commission expressed concern at the previous hearing regarding the lack of retail uses being established within the Harveston Village. The Commission further requested that the . applicant consider establishing a retail component within the congregate care facility. The R:\D P\2004\04-0393 Harveston Retirement Residence\2nd STAFF REPORTdot 4 . . . applicant has indicated that retail uses have not been a part of any of their existing congregate care facilities nationwide and that their business operations do not include retail sales. Given the type and location of existing uses within the village and the location of remaining undeveloped sites, staff believes the viability and opportunity for retail uses is now limited to the property located at the northwest corner of Village Road and Landings Road. This location has the potential to be developed as a small neighborhood center comprising approximately 10,000 square feet of retail space. Staff is concerned that there would be limited pedestrian connectivity between that site and the congregate care site. Therefore, a retail component to the congregate care facility is not recommended. Landscapinq Staff has determined that the redesigned conceptual landscape plan, as conditioned, conforms to the landscape requirements of the Harveston Specific Plan, Development Code and Design Guidelines with regard to plant quantities, sizes and spacing. Access/Circulation The Public Works Department has analyzed the redesigned parking facilities and access points and has determined that the design is consistent with the Harveston Specific Plan. The Fire Department has also reviewed the project and has requested that the site/building design be modified to create a 24-foot wide paved corridor between Village Road and the interior courtyard to allow for ladder truck access (see condition of approval number 53). The project architect is currently redesigning the corridor at the Fire Department's request and revised plans will be presented to the Commission for consideration. Public Correspondence Subsequent to the previous Planning Commission hearing, staff has received correspondence from three separate area property owners which have been attached to the staff report for the Commissions review. ENVIRONMENTAL DETERMINATION ~ 1. The proposed project has been determined to be consistent with the previously approved Harveston EIR and is exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations). CONCLUSION/RECOMMENDATION Staff has determined that the 106,882 square-foot senior congregate care facility, as conditioned, is consistent with the Harveston Specific Plan, City-Wide Design Guidelines and Development Code. Therefore, staff recommends approval of the Development Plan with the attached conditions of approval. R:\D P\2004\04-0393 Harvcston Retirement Residence\2nd STAFF REPORT.dot 5 FINDINGS . Development Plan (Code Section 17.05.010F) 1. The proposed use is in conformance with the General Plan, Specific Plan, and with all applicable requirements of state law and other City ordinances. The plan to develop a three-story 115-unit senior congregate care facility totaling 106,882 square feet is consistent with the Low Medium Density Residential (LM) and Mixed-Use Overlay policies of the Harveston Specific Plan, City-Wide Design Guidelines and development regulations. Moreover, the proposed plan, as conditioned, incorporates architectural and landscape designs, which will achieve the City's General Plan Community Design Goal #3, "Preservation and enhancement of the positive qualities of individual districts or neighborhoods". The senior congregate care facility complies with all applicable development standards of the Harveston Specific Plan as well as off-street parking and landscaping requirements. 2. The overall development of the land is designed for the protection 01 the public health, safety, and general welfare. The project has been conditioned to conform to the Uniform Building Code, and City staff prior to occupancy will inspect all construction. The Fire Department staff has also found that the site design will provide adequate emergency access in the case of a need for emergency response to the site. . ATTACHMENTS 1. Project Review Worksheet - Blue Page 7 2. Plan Reductions - Blue Page 8 3. PC Resolution No. 2005 _ - Blue Page 9 Exhibit A - Draft Conditions of Approval 4. Public Correspondence - Blue Page 10 5. January 19, 2005 PC Staff Report - Blue Page 11 . R:\D P\2004\04-0393 Harveston Retirement Residence\2nd STAFF REPORT.dot 6 . . . ATTACHMENT NO.1 PROJECT REVIEW WORKSHEET R:\D P\2004\04-0393 Harveston Retirement Residence\2nd STAFF REPORT dot 7 . . . PROJECT REVIEW WORKSHEET Development Plan Commercial _f>ft 04-- 03'l~ LllW .MeckJM. (LM) Consistent? i-\"Ne.'7~{) ';).1', . \.owM"-'-"','J (\"\ L LM) Consistent? M'-Y1!"A-l. \''''P C'\-f. ....\0....'( Planning Application Number: 1. General Plan Designation: \~e~ ~e...~ 2. Zoning Designation: 3. Environmental Documents Referred to in Making Determination: ~ ~ Q/ ~ Q-/ lY 8'/ o o Other: General Plan EIR Sensitive Biological Habitat Map Sensitive Archeological Area Map Sensitive Paleontological Area Map Fault Hazard Zone Map Subsidence/Liq uefaction Hazard Map 100 Year Flood Map Future Roadway Noise Contour Map Other (Specify) Previous EIR/N.D. (Specify Project Name & Approval, Date): \-\o..vYtc.,"N", ~e1\-\:-\( (1\0.>'\ \=:.\.~ , s'y\-evrb.>v\qqi.\ Submitted Technical Studies (Specify Name, Author & Date): o Exempt o Mitigated Negative Declaration o Negative Declaration o EIR . . ~ Ot-\-eS' .f'\",-ho'A "'\- C",'(\S\<;~Y\C:)l W\ \--'\.-, ~)ovS\1 ",';:"oQ ~~~ So=--"';:.A \ 5 \ \,z.. o 20 Day eview U 30 Day Review 4. Environmental Determination: J8[" 10 Day Review 5. General Plan Goals Consistency: Consistent g ~/ Inconsistent o o o Land Use Circulation Housing R:\FORMS\ST AFF REPORTS\PROJECT REVIEW WORKSHEET.commerciaLdot 1 Consistent ~ -g "8f ~ ~ PROJECT REVIEW WORKSHEET Development Plan Commercial Inconsistent o o o o o o o . OS/Conservation Growth Management!Public Facilities Public Safety Noise Air Quality Community Design Economic Development 6. City-wide Design Guideline Consistency: o o o Site Planninq: A. How does the placement of building(s) consider the surrounding area character? \'n<c I:N\\~;<\,\"" ~t.<::" 'y",..,~"" };)""":0",,\-to -\-'Ir."--\:;~ciC5,J.<O"j,~k"",,,\ Q,':--\-.ei...... Q~ I ~: ::~"~~~:,,'::,~~\.~'Lf;~f'~'..~\::t;,',; \;~,;;~r~~;;.. n~, \0\'''1 ""'>e.J\.tttec B. How do the structures interface with adjoining properties to avoid creating nuisances and hazards?T"~l(,,u~-~c\,-y e'i:-\-he.. \:;>U\\~("5 ~'> l;>\.\:..'f\~i-m,~ +~~ ~v<-;r::7 'r"e..'^'''''JI-.\- "'~ l::>v\'1t..~~ -\+."- b,,\IJ..~"'i <>-"'d. """.Jt.;,,~ \+vnunL c",,,",,\,,,,\-\'b\~ l...\\~ ~1.."J"""r-....tN"\'^)r<'~\I'"\-..:Q':>~~.... -1 17\ (lM-~~~'r-(e."""'V't.\).r.r'\\-~~'oU'~\dw. nc.> '0<."-,,, ''':{~'f'~ WI ""-~"'-:>'I<xi ..,J'<.""~'r-~ ~ei,,~~qo.."I\\o\\i:tt WI'\-\.. C. How does the building placement allow buildings rather than parking lots 1''""'''''1 ~tE to define the street edge? , '. . , . \-l....,,"e"'r<>~5?=*'''--;p '^'" s..,j" 0>" II. 0 ~'\':" re..?+\-...\-'>7v~~\V,:)';. oJ" ,-/, \ ,,-~.:..,j be.s\~J O,~' " . 1"..... ct<"",- ~....,.'r<.\""" f..'-''''rk"> 'n..'1"- 'b~~...... ';;\''''''~o..''r-r).''-'''''''>(" o't-'r......."-~....,s.c.'ri-\~ o.,,",~; ~ ?....n..:.\.. Parkinq and Circulation: <;v~""rw-\\c.." -\-0 ""-~,,tJ2-. "')';)..;".\ i......?u.c..\-:>. . A. How does the parking lot design allow customers and deliveries to reach the site, circulate through the parking lot, and exit the site easily? i\--... ~o-,...,.,',,-c-. ........'\:o-->'\<."'---',\-r,,,.... ".." k..-...\<<.....W Q. "'~ ~"M-;"'" "7 ~9<>d' s.....",'-'" ",...\...;e-\..:. ~n..-.I't: \--\o-\~.""'~6r\ e.'~r~...\-......c2.-..r Y~h~ Vi"\.T'....O'("'~~~~T~~...Y'h{'P \o..ne, B. How does the parking lot design provide safe and convenient access to pedestrians and bicyclists? , \ . M"I'--'''''",- "'ic\"-".I"'\~G>Y\.,.,..<...l-\~ "n",""- 'o""tV' fV".",c,'\e.d \.7...-\-...,,<...... f.:.....i""""-'tc.Y. . . 11T' . " .' . .' . 0."";,, ~f \4--.e. ltw" 1"-""u'7 c';- \-n"-'f"'....~j'" 1* ..\\....l\4 B>...-~")..,,~lOv;\<:\;"'''1 '"'~~"-'7>, f\.,.~\w.'n, C. How are the service facilities within the parking lot screened or buffered'^' (\ fY",iJ1('\O.<J from public view? ) \ . \ C U. ,_ ' \' L' ~~-r """"" 5c..r"(,-,,-~,-,'i),\-,,"~ "'..--"" """,,\-<t.c> e", ~ ~ \ "",,-\5, ,...e. V\)\\""""..:Jocl.... ~.v \"'j' \~ t"...t-~ t"'.t ~"'\'Cl ~f',^~ 'f~hO_\b..'1' '~r- -t-o...d'{>n~ ~ W~\\ b~ ~c-.r-eE>"""~~vvv\W~ ')1'It.r. o.OI~"<'<:.J'o,'I-~""\d'''.,r" \.......\>c~,~ ow\C\te'(lC.\V\~- Buildina Architecture: A. How does the building design provide artic<~~tiQn of the building mass? . 11>\...\"",\.1;'''5 ~",~\c).~ Vo.r,,,;'\--'{ ~t-. u~ ........<:\ f.:.",~yl""..w", w\>mfo.....y~'("I'? ~~~f+\,..' t_Jl....,.. '" Vol'"b""...,).CI'4 ~r,<;~3n'~ct!J'.-\-G'\rl-\..,.y...~d...... n"" O,~\~~o...~DA.S....,~_ I1v\~o.,.....21 ,"","''>'>'''';-~'L\:I",,\c'h....) ~..." 'lo<."-......!;;v..--~~,..--~".~ , W\"""~.u,""\_.... ",,\-- t"r-.~.~r\'ry-->~-r-t ".,(10 'r"L,,...,t"""f<'>rc,'~"';<>,, 61;-- \-v.,>t> 5,)-Ol"'} "-\<-Y'"'\e.-.IO 0.,... "7f<c.'10 C- cl.e."~<l''':lo. . R:\FORMS\ST AFF REPORTS\PROJECT REVIEW WORKSHEET.commercial.dot 2 . . . PROJECT REVIEW WORKSHEET Development Plan Commercial B. How is each building "stylistically" consistent with all buildings in a complex, and on all elevations to achieve design harmony and continuity within, itself? ~c..h. o(--l--).".... c)e",,,,1->of">:;' ef the- \?~;Icl i....5 \i)-;\)'1.ej-!.-,.. 5<>"'" "- 0-,-0\, 't..~"r..\ o..<.">"}"',, c.e\"'''~ ...",J. 1""I~'te.-r; 0,\'" "",,.I. "'~ 7ry"~'h~o.\\'1 Lu"''';~'"''''' \;-, o C. How does the placement of buildings create a more functional or useful ol?en space between the buildings and/or the street? '"'\:.." ",u.rJ",,,,<<.. "'\'l::~ \-\...,,-~,,-; h\_ \,\",,,,/\-).-,.<. "''l-...\w....'r\,,'" *".."..,...\'.1(1,\1.'" ~"on +-'n~"",\>,~(",",,'r >,d...\oJ:x\Il..._ T"'e.. . " "- > 117 'b,,~ ~ '1+'<0.. \?v{\c\>n.'1,A-'bv(I ;"" >~.........hbV''n1'.V- 1?..<<>,cd,e'v'<.J..J}",J. Cfu.-R,,,,,,e,.}u D. How do each of the architectural elements (building base, windows, ~<:'>'> "';;..,11..(....1\1.., doors and openings, cornice and parapet, roofline, and finish materials ~~~\1~q~ ~ meet the intent of the design guidelines? , ,,""'" "<0" u;:r.:v~...J ih".h;~<;~{,o.. \ e..\"""........'r.> "" ,.,,"- 'ov, \c\ ,,/,\~ '^~ t\l.'""'r.oJ'lole.. ","" \-'n Ol-'n~Y" "') ~\\~~_ ~~l~Y'Q, ~ V'\ .\-~e. ,)4o..'J'v~...~V',"\)r'-~c.> ... ~'\l\c-L'~> 'l'""")n...~o.V''''Q-\~ o..~ c..oY"\"w>'t ",-.., "'''' '^" \ 'ov,'0,~~ ~"v..\--; &-rl>. Landscapina: A. Does the plan provide the following ratio of plantings? ~Yes 0 No, why? Trees 10% 36" Box 30% 24" Box 60% 15 Gallon Groundcover 100% Coverage In One Year Shrubs 100% 5 Gallon B. Does the landscaped area, ratio, spacing, and size conform with the design guidelines? '~Yes 0 No C. How does the internal site landscaping frame the building(s) and separate them from the surrounding pavements? , L ",,;,C,,>,,^, ~ .j.. li... ,,""'^ ~~;.kd '" v\<>.Y\ttO i-1J.,,:,,,,,? V"',f"/If'< ~ic\\-~i'e<:.~teY\ \-...... D. How does the patio and street' furniture, fixtures, walls and fences integrate with of the architecture and landsc?ping? ,'" h '-- ,:\J' , ~ '..1., ft,,>o:l 0e.....~\~<<. """"co- ~""c.; f'I'i ;?"<'-~-r"\"'\'7 ...f" t."""''j'<'-~e.. w,,'r ""'.. "'? '""'" "" . (<>fu 6?,<>tJQ'r'VYlit""" )"\ 't-\,.;~ (9.Jy"~"o.Y'''' \li. r"""~",,,~.. 'JYT''\, "\:1-nlr\'~ a....,I.-,\\e'-\.."v~ '\..;")>rt-\'-))<~"> ~""~yk.;,,,~ lo'tlAY"'t.. c<>y\s)~X;>"I\-"'lt"'~)C.w~s v~'" oH.,~vCl.~a..S 7. Development Code Consistency: ~~ \-r,e. ,,{1h.')~. A. How does the plan achieve the performance standards specified in Code Section 17.08.070? R:IFORMSIST AFF REPORTSIPROJECT REVIEW WORKSHEET.eomme,eiaI.dot 3 PROJECT REVIEW WORKSHEET Development Plan Commercial Circulation: _IL <'_ ".. o-..('''''''Y-''\-''R~,\->y.....l,-''',,,r~''''\\\," ~ Vc.."rt,'C.J'CA<" I)...lt.c.50'))l) f"tI'J.c..e'l'-T'1"u'f'P'\ S\CJ\ o...Y\. fl..o.j't 0 """~~"''''f~"''\. ~(d,p,)--ri,,"""_l"\'n ,J,,-'j'> \-..."" \:lee...... \~(,,\--~1 ),..~....~ "f(v;h/,-J'^l ~...>Y-3 ,^",i>-. ~<R..';"'~~)\,,,,,,~,_ Architectural Desion: , I \ \ _ .. \. ' \'...<. Qvl \01,,,') a-.... ~i f\ o..<-\'..,v<.'::> t-\'.. yJ...s,,;o..Y\ 0 ",,,-,,, T~ ClIo. ~ Y\ 'j"'''''-I'V\<'~ I" ~{' v..nV'\l~c.,~"" S~t.*( f'\().",. ~'\ue~;V'e.... W\A17> C>..V'\~ bd\~ no....""~ \"-fP't"'\lkvl\\rAPcl rj.)Y"'~'J>h. 'ry,,><- "i'::;O,,""'o'\ldi."'1 ~~ J-;";",o",c,,, "'I"';1i", '("co" 1-,"-\5"'1';. "",J. \N;kh~ ,,~,>"-h """,II -Slte'P1ilonnfrilhiIi'cr/)eslo!i:' .,),..,,~~ '" LO"'''\'>'':'-''''-'t'n''7 ~ <,<.'h~;""d-.t;-4).,ov\- t>-... li.d\ II T,,,,,- ",,,\\~;,,,~ "'..S ,=,,-~5;Kd ~IV"--'-,>-\--\ ~"'\"cIo.,""....'>,J."-~",Ik..."'\b",~Y\I\"'i"'~",,.). ~\_~ ~{"l..\i~~" \,.,:.......r"" ~P........ \\,!tc::.P-..~^ o~ ~~~'\'~e.~:!.~e..J"~..l'B{~u......"\~vP ~PR"""x...~~ ~ 1\--"J~\'\o.~;\Y\<0- "')<.k<\ o-rc.~....r't-yo.~C>. Yo"'-' ""-'^y6c"ci ",,.\cl.-<...~ -rc+\+'.. fo<:\I'l1 .." f''';:W.i: Compatibilit~: T",,,- o.......-ro..\\ ""';'j\.-.-r o-l'-I;-,\",,- l:7V\\J;nq 'l,.,~ \;.ee"noIu<.<.d by ~Vl.'r 7 ~oJ- WI\-l-, 'fI-." ~ ,,,,' """\-\~'^ ",,<:- \-h~~~,..\-h- "'\""Y" \--c ~"L"" 1-""" rrc-.~'> "'<:- \--~....hu'\di~~ ""e.1 W".' ,,,. ~ ~\-- ...., 0'.,.-" c."",, ya\-;\'\.. ,.j{\-\-.. "--""''''''",,.01.,......, k""'ldo'n1,,.""L" ",J.,U-{I\(\, '" ~-e(oV\ d 5~V"'{ ...~~~\- fo..o.o;. '10<...."",,<14...1. o..\- \-\-0"-- ""v\-\.,..<l....\-c:.""'..ro~'O-.C "'V\\c\\'on~ to <>d<\f(5J v, ~...~ "'/"""'" n..o..r,>?y Y"~S 'cl.e.n<--<;-" B. Does tne application ana suomlnea I,,rans on file conform with all of the applicable minimum development standards? ~ Yes, with conditions o No Net Lot Area: Total Floor Area: Floor Area Ratio: Lot Coverage: '2. \2.. Ar-re.~ lOI,p 'b1ll.. SJ,J+. Nj~ ~ , NJrt . #En~irOfimenfalllss:{iies'ilr Gircle;'all\tnafappl' Hillside/Slope Arch.lPaleo Fault Zone Flood Noise Traffic Habitat Subs.lLiqfctn Stream/Creek Air Quality North East West South . R:\FORMS\STAFF REPORTS\PROJECT REVIEW WORKSHEET.commerciaLdot 4 . . . ATTACHMENT NO.2 PLAN REDUCTIONS R:\D P\2004\04-0393 Harveston Retirement Residence\2nd STAFF REPORT.dot 8 . I H,j I 'W 1 ' 11i: IJ' I "I"')' Ill! "',I J .' 'C, 'I" '1- :J!',g~ ~~~ - JQHi~! If' - >- :II,j!!dlIJJI---I' 0 ~, .! l!Ili H!"!I ili I i !ihilIW!! - L lB 'I' \ i I ,! I -' ! ! l' ! l Ii lll! :;! i i.il ,',!, I, II ,'il 'I. 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I' li~ ~I!l .1. ,,, -0 OJ o ~ 0.. :.a <n ::: :;-; o r-< til Oi) ::: '1:: <l) -0 ::: <l) ~ <l) ;> .- - ~ 0.. <n ~ p., . <l) <.) ::: <l) -0 .- <n <l) ~ 15 '" a ~ .~ ~ ~ .~ 0", .........;:: <nd 0) ..;~ ~ a 1 ::dl i ~ " IIlDlt: 11III. . j' u . . . . ~ np~WI ] p 11 I ,~ Ililh!1 B I ~ 1H'~llIi I! j ul!!nl I V> 888888888 ..9-,10" ,,9.,1"" ~ ~ i ~ ~ ~ H ~,!t I~} 'I' I~~ c . " . o o 'g t iij " > '" Q o 8 ~ ~ . :r: Q) u 53 '""d ..... C/) ~ i:: Q) ~ I-< ..... ..... ~ ~ ." o E ~@ C/)o; Q)U >- ~ ~ ~ g ~ ~ ~! ~ ~ ~ , ~ , II' ~,~ [ , u ~ ~ "q-,Iio'i: ~ mUUII ,,9-,v,'I:: 0 "0 ..<I)'-,G'i: U Ii ~ ~ ,,9-,"'0;; '0 !l ~ ~ " . ., ~ ~ 11 I " !: 6 ~ ~il ~ ~ , ~ ~ f z ~ Hln~ ~I ,L 0 2 '" . 8 ~ ~ ~ 'I' 0 ~ IWilU z Q! r "' ~ lal ! nlhnl 8 0 ~ 1: Vl BBB@13BBG0 0 " e . <l) o ~ "0 ...... m <l) ~ ...... ~ <l) S <l) l-< ...... ...... <l) ~ ~ .~ o~ ...... .. m";; <l)U ~3' ro ~ p::~ ti J .~ j.l . ~ ' u II !g on ill .S ~i! :2 . 'S CD II: ~ " E t: '" c. -< on c :s! '5 CD " v E t: '" c. -< rn q o ....... ~ :> V - ~ "'Cl t\l ~ V ~ - - ....... > . V (.) q V "'Cl ....... rn V ~ "E V S V l-< ....... ....., V ~ q .~ o ~ ~~ rn-;;; VU >- .iti ~ :::l ~ ro g~ .... E , ~ ~~ . ~ ~ ~ ~ BU, ~ l) . . . ATTACHMENT NO.3 PC RESOLUTION NO. 2005-_ R\D P\2004\04-0393 Harveston Retirement Residence\2nd STAFF REPORT.dot 9 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0393 A DEVELOPMENT PLAN TO CONSTRUCT, ESTABLISH AND OPERATE A THREE-STORY, 115-UNIT SENIOR CONGREGATE CARE FACILITY ON 2.1 ACRES LOCATED AT THE SOUTHEAST CORNER OF VILLAGE ROAD AND TOWNSHIP ROAD WITHIN THE HARVESTON SPECIFIC PLAN AREA ALSO KNOWN AS APN 916-170-027. WHEREAS, Curry Brandaw Architects filed Planning Application No. PA04-0393 (the "Application") in a manner in accord with the City of Temecula General Plan, Harveston Specific Plan and Development Code; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at regular meetings, considered the Application on January 19, 2005 and March 2,2005 respectively, at a 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 opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Development Plan Findinos. That the Planning Commission, in approving the Application, hereby makes the following findings as required in Section 17.05.010 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 plan to develop a three--story l1S-unit senior congregate care facility totaling 106,882 square feet is consistent with the Low Medium Density Residential (LM) and Mixed-Use Overlay policies of the Harveston Specific Plan, City-Wide Design Guidelines and development regulations_ Moreover, the proposed plan, as conditioned, incorporates architectural and landscape designs, which will achieve the City's General Plan Community Design Goal #3, "Preservation and enhancement of the positive qualities of individual districts or neighborhoods". R\D P\2004\04-0393 Harveston Retirement Residence\2nd PC Reso.doc 1 The senior congregate care facility complies with all applicable development standards . of the Harveston Specific Plan as well as off-street parking and landscaping requirements. B. The overall development of the land is designed for the protection of the public health, safety and general welfare. The project has been conditioned to conform to the Uniform Building Code, and City staff prior to occupancy will inspect all construct/on. The Fire Department staff has also found that the site design will provide adequate emergency access in the case of a need for emergency response to the site. Section 3. Environmental Compliance. The proposed project has been determined to be consistent with the previously approved Harveston Specific Plan EIR and is exempt from further Environmental Review (CEOA Section 15162 subsequent EIR's and Negative Declarations). Section 4. Conditions. The Planning Commission of the City of Temecula approves the application (PA04-0393) a Development Plan for a 115-unit senior congregate care facility in a portion of Planning Area 4 of the Harveston Specific Plan for all of the foregoing reasons and subject to the project specific conditions set forth on Exhibit A attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary. Section 6. PASSED, APPROVED AND ADOPTED by the City oj Temecula . Planning Commission this 2nd day of March 2005. Dave Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] . R:\D 1'\2004\04-0393 Harveston Retirement Residence\2nd PC ResQ.doc 2 . . . STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2005-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of March 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\D P\2004\04-0393 Harveston Retirement Residence\2nd PC Reso.doc 3 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL R:\D N004\Q4-0393 Harveston Retirement Residence\2nd PC ResQ.doc 4 . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0393 Development Plan Project Description: A Development Plan to construct, establish and operate a three-story 115-unit senior congregate care facility totaling 106,882 square-feet within the Harveston Specific Plan area. DIF Category: Per Development Agreement MSHCP Category: Per Development Agreement TUMF Fee: Per Development Agreement Assessor's Parcel No.: 916-170-027 Approval Date: March 2, 2005 Expiration Date: March 2, 2007 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant!developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four 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 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 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. R:\D 1'\2004\04-0393 Harveston Retirement Residence\2nd Draft Conditions of ApprovaLdoc I 3. All development fees shall be paid in conformance with the development agreement that regulates this development project. . 4. All conditions shall be complied with prior to any occupancy or use allowed by this Development Plan. ' 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 6. 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. 7. The development of the premises shall substantially conform to the approved Exhibits - Site Plan, Grading Plan, Building Elevations, Floor Plans, Landscape Plan, and the Color and Material Board contained on file with the Planning Department. 8. The applicant shall comply with standards, conditions and requirements set forth in the Harveston Specific Plan and the Development Agreement for the Harveston Specific Plan. 9. The applicant shall comply with the attached Mitigation Monitoring Program associated with the Harveston Specific Plan Environmental Impact Report. 10. A separate building permit and Planning Department approval shall be required for all proposed signage onsite. . 11. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 12. The colors and materials for the project shall substantially conform to those noted directly below and with the Color and Material Board, contained on file with the Planning Department. a. Roofing: Prestique Composition Shingle, Color - Barkwood b. Stucco: Omega Products, Number 14, Medium Finish, Color-Cream c. Stucco: Omega Products, Number 18, Medium Finish, Color-Goconut d. Stone Veneer: Pro-Fit Ledgestone, Color - Autumn PF-8015 e. Decorative Shutters: Vinyl, Number 10, Color - Dark Brown 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. 14. 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 colored architectural elevations to the Community Development . R:\D P\2004\04~0393 Harveston Retirement Residence\2nd Draft Conditions of Approval.doc 2 . 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 Issuance of Grading Permits 15. A copy of the Grading Plan shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit 16. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform substantially with the approved Conceptual Landscape Plan, 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 following items shall accompany the plans: 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). . 17. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a 3' clear zone around fire . check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after- thought. Pian planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. 18. All parking areas shall be screened from the street with shrub plantings, earth berms or walls that can be maintained at a minimum height of 3 feet. 19. Trash enclosures shall be screened. Shrubs and wall vines shall be provided on 3 sides of enclosures as required to provide screening. 20. Mature plantings shall not interfere with utilities and traffic sight lines. All traffic sight lines shall be shown on the landscape plans. 21. A landscape maintenance program shall be submitted for approval with the landscape construction plans, 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 carryout the detailed program. 22. Construction drawings shall be modified to show a minimum of three, 4'xT ,motorcycle parking spaces within the off-street parking area. 23. The property owner shall submit a parking lot lighting plan for review and approval which meets the requirements of the Harveston Specific Plan, Development Code and Palomar Lightin9 Ordinance. The plan shall include a photometric analysis of the onsite parking area. . R:\D P\2004\04-0393 Harveston Retirement Residence\2nd Draft Conditions of Approval.doc 3 Parking lot light standards, with a maximum height of 20-feet, shall be placed in such a way as to not adversely impact the growth potential of parking lot trees. . Prior to Building Occupancy 24. The property owner shall fully install all required landscaping and irrigation onsite as shown on the approved landscape plan 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 issuance of the first occupancy permit within the development phase. DEPARTMENT OF PUBLIC WORKS Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. 11 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 25. 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. 26. 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. 27. All grading plans shall be coordinated for consistency with adjacent projects and ~xisting improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. . 28. The Applicant shall comply with all underlying Conditions of Approval for Harveston Specific Plan No. 13 (PA99-0418) as approved on August 14, 2001. 29. The Applicant shall comply with all underlying Conditions of Approval for Tentative Tract Map No. 29639(PAOO-0295) as approved on August 14, 2001. 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. NPDES - The project proponent shall implement construction-phase and post-construction pollution prevention measures consistent with the State Water Resources Control Board . R:\D P\2004\04-0393 Harveston Retirement Residence\2nd Draft Conditions of Approval.doc 4 . 34. 35. . 36. (SWRCB) and City of Temecula (City) NPDES programs. Construction-phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. 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 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. 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 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 T emecula Standard No. 207 A. c. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400, 401 and 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. . 38. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. R:\D P\2004\04-0393 Harveston Retirement Residence\2nd Draft Conditions of ApprovaLdoc 5 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 the Development Agreement between the City and Developer dated August 28, 2001. Prior to Issuance of a Certificate of Occupancy 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. Corner property line cut off shall be required per Riverside County Standard No. 805. 44. 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. 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 46. 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. 47. 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 850 GPM for a total fire flow of 3850 GPM 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 III-A) 48. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum of 5 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 210 feet apart, at each intersection and shall be located no more than 380 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The uP9rade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) . R:\D P\2004\04-0393 Harveston Retirement Residence\2nd Draft Conditions of ApprovaLdoc 6 . 49. 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) 50. 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) 51. 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 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) 52. Prior to building final, all locations where structures are to be built shalll:tave 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 Ibs. GVW with a minimum AC thickness of .25 feet. This shall include the parking lot on top of the parking structure. (CFC sec 902) 53. 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. This shall include the entry canopy in front of the main entrance. (CFC 902.2.2.1) 54. 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) . 55. 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) 56. 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) 57. 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 lor numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) . 58. Prior to issuance of a Certificate of Occupancy or building final, a directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which R:\D P\2004\04-0393 Harveston Retirement Residence\2nd Draft Conditions of Approval.doc 7 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. 59. 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) 60. 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) 61. Based on the general safety of users and firefighters, the underground parking structure will be provided with an approved automatic fire sprinkler system with plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. 62. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the fire sprinkler riser door. (CFC 902.4) 63. 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 . 64. 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. 65. 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) 66. The fire lanes including the special access fire lane into the courtyard shall be maintained in perpetuity. COMMUNITY SERVICES General Conditions 67. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 68. 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. 69. All parkways including areas within the ROW, courtyard area, fencing and on site lighting shall be maintained by the property owner or maintenance management organization. . R\D P\2004\04-0393 Harveston Retirement Residence\2nd Draft Conditions of Approval.doc 8 . Prior to Issuance of Building Permit 70. The developer shall provide TCSD verification of arrangements, made with the City's franchise solid waste hauler for disposal of construction debris. BUILDING DEPARTMENT 71. 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. 72. 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. 73. 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. 74. . 75. 76. 77. 78. 79. 80. 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 disabled access from the public way to the main entrance of the building. Provide van accessible parking located as close as possible to the main entry. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Appendix Chapter 12, Section 1208A, of the 2001 edition of the California Building Code. 81. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. . 82. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 83. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. R:\D P\2004\04-0393 Harveston Retirement Residence\2nd Draft Conditions of ApprovaLdoc 9 84. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. . 85. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 86. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 87. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 88. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 89. Show all building setbacks. 90. Signage shall be posted conspicuousiy at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, 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 Sundays or Government Holidays . OUTSIDE AGENCIES 91. The applicant shall comply with the recommendations set forth in the attached correspondence from the Riverside County Department of Environmental Health dated June 15, 2004. 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 Date Applicant's Printed Name . R:\D P\2004\04-0393 Harveston Retirement Residence\2nd Draft Conditions of ApprovaLdoc 10 -t e,:, o ~ ~ e,:, z ~ o Eo< ..... Z o ::g z o ..... Eo< < e,:, ..... Eo< ..... ::g 'c oci e , / z o Eo< f z o _>oj: ,.. u .. .... z u o~~ " ;. "'"' , ~ ~ ~ ~ ~ a: 1- 0_.. e;~~ &1;:;: p,: fi'i ::;: o fi: '" .. .... 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(ij u .... .... 0. t) ~ E 5 ~ '~ gf.,g ('Il 8.l3:::1:-g~&..C:::::Vl ..5 ~ s ~ ~ .g -6'Et ~ --' .. u '", o ~ ~]g c: g is B u Vl o .. " "- 0. <>: ~ I !i z iii ~ ;;; o COUl, I Y OF RIVERSIDE · HEALTH ,-,cRVICES AGENCY 0 DEPARTMENT OF ENVIRONMENTAL HEALTH June 15,2004 r= Ii: l\~~ ~ ~O" III! JUN 1 {; LtU4 LJU City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Matt Harris By RE: Plot Plan No. P A04-0393 Dear Mr. Harris: Department of Environmental Health has reviewed the Plot Plan No. PA04-0393 to construct a 106,882 sq. ft, 120 suite retirement residence and has no objections. Water and sewer services should be available in this area. 1. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD BE REQUIRED: a) "Will-serve" letters from the appropriate water and sewering districts. . Sincerely, ~z uperv ing En 'ronmental Health Specialist (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at lime of Building Plan review for final Department of Environmental Health clearance. . Local Enforcement Agency. PO. 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 92502-1206. (909) 955-8980 . FAX (909) 955-8903 . 4080 Lemon Street 2nd Floor, Riverside. CA 92501 . . . ATTACHMENT NO.4 PUBLIC CORRESPONDENCE R:\D P\2004\04-0393 Harveston Retirement Residence\2nd STAFF REPORTdot 10 M:tU H..rris em: t: Subject: A Reiter, Director, Cheaprentacar.com [areiter@cheaprentacar.com] Monday, January 31,20055:39 PM garth@currybrandaw.com 'simm'; benderlaw@adelphia.net; Department - Planning: Jeff Comerchero; Ron Roberts; Maryann Edwards; Chuck Washington; Mike Naggar: Shawn Nelson; Debbie Ubnoske; John Meyer; Matt Harris Temecula City Planning Commission meeting Follow up. To: Cc: Dear Garth Brandaw, I am writing to you regarding to the proposed senior care facility your company has proposed for the HarvestOD community in Temecula, CA. As Mike Bender, Spencer Simm and myself attended the Public hearing, along with other caring residents in the HarvestoD community, we hope that you now understand the issues and concerns we have with the proposed building you presented. This letter is intended to follow up with concerns the residents who attended raised and to highlight some of the City Planning Commission's comments on your project. We hope that your company, if you decide to develop this property, will work with the community to design a facility that will be sensitive to .it1s contextual surroundings and the overall small, home town atmosphere. The biggest concern is the overall height & mass of the project. The residents totally reject the idea of a four story building in their residential neighborhood. Most all of the residents envisioned a neighborhood with typically 2 story buildings. The City Planning Commission reaffirmed this point. The massing is also out of context with the surroundings. (please refer to the elevation study I presented at the City Planning Commission) When you state that some (forthcoming) 3 story apartments, that have never been seen by any residents -which would also upset residents - as a reason to build four _ries next to the one story elementary school, the two story day care and two story rtments, it is simply not palatable. Temecula has other real estate locations that are ch more compatible with the project you proposed, although again your building, if built at 4 stories, would be one of the largest buildings in Temecula. The massing of the proposed building does nothing to mitigate the height on a pedestrian level, or any other level. It simply tries to use distance in the parking area as a means to argue, unsuccessfully I may add, sensitivity to the surrounding context. Simply put, the parking requirements pretty much dictated the need to mass your building as such, since your company felt the need to maximize your tenant occupancy & allowable building envelope. If the occupancy is dropped, you could stagger the height of the building from the street to make the project less domineering. Giving your project a one or two story street front would have helped mitigate massing issues. The City Planning Commission also stated the height limit was set up to allow for creative architectural features, not to maximize your building envelope. The idea was to allow for things such as a church steeple or clock tower on the lake house. Decorating an allowable building envelope does not constitute good or sensitive architecture. \ The second most poignant issue was the lack of retail in your project. Regardless if Lennar informed you of the intended use of Harveston's IlMain Street, II buildings built on Main Street were always intended to have a retail component. The retail was to be that of a small' town, similar to that of Front Street in Temecula or even Julian, Ca, i.e., retail with a residential feel. Much like many small towns across America that have a little main street retail area with beauty/barber shops, dry cleaners, ice cream, small cafe, coffee shop, magazine stands, and other useful retail components, Harveston was supposed to have this part of it1s master plan. Even though your building type falls within usage guidelines, the way your building is designed, it does nothing but enrage the residents who only see a 4 story I monster , in their backyard, that only lessens their property value and does not improve their lives. By including a retail component, the residents are given a reason to appreciate your facility, to engage with the building, and possibly even with ~e senior residents. ~e third top issue that was emphasized by the City Planning Commission, was the building does nothing to interact with the pedestrian. The use of architectural spaces on the street allowing the pedestrian to engage with your building is absent. By not creating spatial environments on the street level to engage the Harveston residents with the 1 residents of your proposed project, as well as with each other, the charm of a engaging Main street is lost. The way the building is designed it is not a neighborhood destination. It has created yet another zone where the single family resident neighbors will simply stroll by without care, unless of course they have a family member living there. It is a closed environment with no architectural features that engage the . pedestrian to stop, rest, relax, enter or enjoy along the main street-experience. It turns its back on the Harveston community, simply to be a source of revenue for the landlords and hides behind its functional use as a senior facility as a right to exist in Harveston's main street. Another issue is the lack of adequate parking. The residents will have visitors, the facility will have employees and the residents will have cars. You need to keep in mind, this is California not Minnesota or Ohio. The school and adjacent residents are concerned about off site parking in the surrounding streets. A senior care facility, although an allowable use, is not 100% supported by some residents who are concerned with safety issues such as senior residents driving near a school and residential community teeming with children. Please make room for adequate parking. If feasible, try underground parking. The issue of ambulance traffic was also a concern. Lastly and most importantly the architectural design of the project needs to embrace the charm and characteristics of the small town. The design needs to illustrate the same sensitivity as the Lake House, Welcome Center and ABC daycare do in the Harveston architectural vernacular. This project cannot simply be pulled out of the drawer and painted up to attempt to mock the pleasantries of our neighborhood. Undulating the street front with 3-5 foot vertical slots and little pitched roof hats on every floor does not express a sophistication that is welcomed and now come to be expected in Harveston. The homes surrounding the lake and the rest of Harveston have a certain air about them, a sense of style that brought most of the residents to this award winning development. It is not the cookie cutter, painted boxes or "coral pink and sea foam green" homes of California developments of the past. HarvestoD is a unique development. We hope you can emulate that unique style if you are to pursue your project. I hope this has been helpful. I am a straight talking, honest, and . realistic resident, architect and neighbor living in Harveston. If you feel the need to discuss any ideas, to talk about your revisions or maybe to set up any resident meeting please feel free to contact me. Sincerely, Anthony Reiter Harveston resident Architect 858-720-1108 29255 Providence Rd. . 2 To whom it may concern: January 17,2005 .ThiS letter is regarding the proposed 4-story retirement community to be located at the corner of ViII age oad and Township Road. 1 currently live at 29207 Providence Road in Temecula, in the Harveston development. As a homeowner in the Harveston community and a member of the Harveston Community Homeowners' Association, it is appropriate that I voice my opposition to the proposed plan. After having reviewed the documents to which we agreed with the builder, U. S. Homes, when we purchased our property, I can see absolutely no evidence that such construction was included in any of the disclosures or material representing the "master planned" community. Moreover, there are several indications that NO high rise (over two stories) structures would be included. The advertisement entitled "Harveston, American Style, Circa 2003" contains a pictorial representation of the aesthetic intent that a buyer could expect as a homeowner in the community. The picture displays I 00% low elevation structures with the only structure higher than two stories being the cupola of the Lake House. All other pictorial and verbal representations of the community indicate low level and low density homes as well. Additionally, the proposed buildings would be outside of the stated plans for the community as contained in the documentation provided by the builder in the form of Department of Real Estate Public Reports; Special Note #4, which states "When the community is built out it is planned to include approximately 1621 single family homes and condominiums, 300 apartments, commercial areas, and public and private recreational amenities." There is not even an inclination that such development would include any multi-story structure greater than two stories in height, nor any mention of a retirement or senior housing. The first problem that the aforementioned data represent is that there is clearly a misrepresentation of the true intent on the part of the builder( s) to those buyers who have already purchased properties under .isleading statements and implications, whether they be disingenuous by original design or as developed out of the builders' business needs. In other words, the original buyers, now incumbent homeowners, were led to believe that the community would develop into something other than what is now being proposed. Secondly, such a departure from the original plan indeed has a negative impact on the prospective financial valuation of the now owned properties. The community as described in the documentation, diagrams and pictures has great appeal which carries a consistently positive increase in equity under normal market conditions. A property in the same area with the addition of the proposed structures does not carry the same equity position, and in fact could decrease rather quickly. Thirdly, the aesthetic appeal of a high-rise (how many four-story structures exist in Temecula) building in a residential community is far from appealing when compared to a truly residential area, typical ofTemecula. I like my home in T emecula and I like the community of Harveston, just as it is, just as it was designed to be. Don't allow us to be violated by developer(s) who would ruin so much of why we chose to have our home here_ Respectfully, jf) /J d7j!y Doyle Fant /UI ft/"f"'6. ./. r;2/i,' 29207 Providence ROO'd Temecula, CA 92591 . Permission granted to have the document read by proxy in. ~ lftirety and in context by a resident of the Harveston Community at any appropriate public hearini~ ~ . . . '-. Michael Bender 28912 Davenport Court Temecula, CA 92591 Mathew Harris Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 February 1,2005 Re: Harveston Retirement Residence, Planning Application No. P A04-0393 Dear Mr. Harris This letter is a follow-up to the public hearing of January 19th regarding the proposed Harveston Retirement Residence. We were glad to see the Planning Commission's response to the residents of Harveston. We appreciate their effort to work with us to establish a building which is in line with the intent of Harveston's "Main Street" and an which will be an aesthetic fit within the neighborhood. It is our hope that the Planning Department also has the same goals in mind. It is our understanding that the Planning Commission outlined the following goals that should be kept in mind by Curry, Brandaw and Associates and your department in re- designing the proposed facility. Scaled Down Structure: While the height of the building is believed to have been within the Special Plan zoning guidelines, the scale was out of proportion to the surrounding community. Having a 4 story building abut Village Rd. would not fit with the pedestrian atmosphere that is within the goal of Main St. Furthermore, some of the Cape May apartments will be 3 stories, they will be few and far between and most will be 2 story buildings. The proposed building will be next to a 1 story elementary, 2 story day care, and 2 story detached homes. Any building that will be placed on the 2 y, acre lot should be build to a similar size as the surrounding buildings. Parking: The proposed project requested a variance to reduce the required amount of parking. As the Commission agreed, this would create increased traffic hazards and pose a safety hazard to the children at ABC Daycare and Ysabel Barnet Elementary School. An emphasis on the health, safety and welfare of the community must be a top priority of any project on the lot. Street Front Retail: A key focus of the Commission is to make Harveston the "Jewel of Temecula." As proposed many years ago, Harveston was going to resemble small town America, a quaint place to live with a recreational lake, parks, Lake House and small village Main Street. The light . retail area labeled as "Main Street" on all Harveston promotional materials was intended to be the cornerstone to the small town feel of the community. However with the current development this aspect has been overlooked, and possibly only 5,000 square feet of retail space may be available. This small amount of space would not be sufficient to sustain any group of retail establishments, and must be expanded upon. The street front area along Village Road at the proposed site provides ample space to almost double the amount of retail space that would be available. Any new proposal must include street front retail space to make Harveston's Main Street a destination, not a walk through to other Harveston areas. . It is our hope that the developer will be able to accomplish these goals by the next Planning Commission Hearing in March. I ask that you keep us informed of the project status throughout this next month and notify us with any new information. ;;y~ Michael Bender Harveston Resident Cc: Spencer Simm Tony Reiter Debbie Ubnoske, Director of Planning . . . . . ATTACHMENT NO.5 JANUARY 19, 2005 PC STAFF REPORT R:\D P\2004\04-0393 Harveston Retirement Residence\2nd STAFF REPORT-dot 11 . . . STAFF REPORT - PLANNING CITY OF TEMECUlA PLANNING COMMISSION ORIGINAL Date of Meeting: January 19, 2005 Title: Associate. Planner Prepared by: Matthew Harris File Number PA04-0393 Application Type: Development Plan Project Description: Recommendation: (Check One) CEQA: (Check One) A Development Plan to construct, establish and operate a four-story senior congregate care facility consisting of 115 units on a 2.12 acre site and a request for an exception to the development standards to reduce the on site parking requirement by 13 spaces. The subject property is located at the southeast corner of Village Road and Township Road in the Harveston Specific Plan area. ~ Approve with Conditions o Deny o Continue for Redesign o Continue 10: o Recommend Approval with Conditions o Recommend Denial o Categorically Exempt (Class) ~ Notice of Determination Exempt from Further Review 15162 (Section) o Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR R:\D P\2004\04-0393 Harveston Retirement Residence\ST AFF REPORT. dot I PROJECT DATA SUMMARY . Applicant: Curry Brandaw Architects General Plan Designation: Low Medium (LM) Zoning Designation: Low Medium (LM) & Mixed-Use Overlay Zone Site/Surrounding Land Use: Site: Vacant North: South: East: West: Elementary School Apartment Complex Apartment Complex Child Day-Care Facility Lot Area: 2.12 Acres (Net) Total Floor Area/Ratio Not Applicable Landscape Area/Coverage 15% Required +/- 30% Provided Parking Required/Provided 81 Spaces/68 Spaces (with requested reduction) . BACKGROUND SUMMARY ~ 1. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. The attached "Project Review Worksheet" (Attachment A) has been completed and staff has determined that the proposed project is consistent with the General Plan, City- wide Design Guidelines, the Harveston Specific Plan and Development Code. The applicant is proposing to construct a four-story, 115-unit senior congregate care facility totaling 106,882 square-feet within the Mixed-Use Overlay zone of the Harveston Specific Plan area. Residents will still be ambulatory but require some care. Services offered at the facility include daily prepared meals, housekeeping, laundering, van transportation and recreational activities. Staff worked with the applicant to achieve the following project improvements and enhancements: 1) Additional pedestrian interest along the first-floor of the Village Road building elevation. 2) A decorative tower element was incorporated into the building design at the intersection of Village Drive and Landings Road. 3) Upgraded carports were provided along the Township Road street frontage to screen the parking lot and provide visual interest. 4) Benches will be provided along the Village Road frontage to allow seating opportunities for pedestrians. . " R\D P\2004\04~0393 Harveston Retirement Residence\ST AFF REPORT.dot 2 . . . PROJECT DESCRIPTION Site Plan The main entrance into the facility will be located on the east side of the property. Residents and guests will access the main entrance from the parking area. The onsite parking lot will be accessed via two 24-foot wide driveways located off Harveston Drive and Landings Road respectively. A landscaped courtyard will be constructed on the south side of the facility providing outdoor passive recreational opportunities for the residents. The courtyard will be separated from the adjacent street and service area with a security fence/wall and plantings. In accordance with the Harveston Specific Plan, no driveway access will be provided directly off of Township Road due to potential conflicts with adjacent elementary school traffic. Moreover, no driveway access will be provided off of Village Road so as to achieve a continuous pedestrian oriented building frontage within the Harveston Village. Architecture Building architecture will emulate an "Americana" style which is in keeping with the style of surrounding buildings being constructed within the Harveston Village. The building will incorporate a variety of setbacks, offsets and pop-outs including covered porches, and patios along the first-story and balconies on upper stories. A decorative portico will be utilized at the main building entrance for formality. In addition, varying rooflines and decorative windows will serve to break-up the mass of the four-story structure and provide visual interest. A decorative tower element has been provided for aesthetic purposes at the corner of Village Road and Landings Road. This intersection serves as the main focal point within the Harveston Village and warrants special attention. Materials/Colors A mixture of painted shingle, hardiplank, stone veneer and stucco siding materials will be utilized along with a composition shingle roof. Five different colors will be used to differentiate between shingle siding, stucco, trim and accent features. Decorative light fixtures will be placed at parking lot entrances and architecturally treated carport structures will be utilized along the Township Road frontage to enhance aesthetics. . Landscapina Landscaping has been provided around the entire base of the building to frame the structure and separate it from surrounding pavements. Screening will also be achieved between the onsite parking areas and street frontages. The main entrance to the facility will be accentuated and formalized with a variety of specimen trees and flowering shrubs. Numerous trees have been provided within the exterior courtyard to create shade and summer cooling. Nine varieties of trees will be utilized onsite including 48" box magnolia and sweet gum at the building entrance and courtyard. Sixteen varieties of shrubs will be planted including Viburnum, Pittosporum, Boxwood and Nandina. R:\D P\2004\04-0393 Harveston Retirement Residence\ST AFF REPORT.dot 3 ANALYSIS . Consistencv with Specific Plan The subject property has been designated Low Medium Density Residential (LM) in the Harveston Specific Plan. In addition, the site has also been designated Mixed-Use Overlay Zone. The proposed project is consistent with the Specific Plan, which allows congregate care facilities on site as a permitted use. In accordance with Section 11.4.5 of the Harveston Specific Plan, livings units associated with congregate care facilities are not to be included. in the maximum unit total of 1,921 within the specific plan. Moreover, staff has determined that the proposed facility is also consistent with Specific Plan Mixed-Use Overlay Zone provisions including, but not limited to building setbacks and maximum height requirements. Parkinq The Harveston Specific Plan requires that off-street parking requirements for specific uses within the Mixed-Use Overlay Zone be addressed at the site plan review phase. The City's , Development Code has a specific off-street parking standard for congregate care facilities which ~ requires Y2 of a covered space per unit plus one uncovered space per 5 units for guest parking. Staff has determined that 58 covered spaces and 23 uncovered spaces (81 total spaces) are required to serve the facility in accordance with the City's Development Code. The applicant is proposing to reduce the number of onsite parking spaces from 81 to 68 spaces (34 covered/34 uncovered). Section 11.5 of the Harveston Specific Plan states: "The development standards contained herein, except lot size, setbacks and height, may be waived or modified with the approval of the Planning Commission as part of the Development . Plan or Conditional Use Permit process if it is determined that the standard is inappropriate for the proposed use, and that waiver or modification of the standard will not be contrary to the public health and safety." While the amount of parking provided would not comply with the Specific Plan/Development Code, the applicant believes the reduction will not be contrary to the public health and safety given the following: 1) Fewer than 25% of the residents typically drive their own vehicles and; 2) A 20-passenger shuttle bus is available for residents a minimum 4-days per week serving a 15- mile radius from the site. Given these factors, staff believes the requested off-street parking reduction is appropriate. Moreover, staff believes the amount of parking proposed will not result in health and safety concerns. Therefore, staff recommends that the Commission approve the parking reduction request. Site Plan The project conforms to all of the applicable development standards in the Low Medium (LM) and Mixed-Use Overlay zoning districts. The building setbacks meet the minimum requirements of the Specific Plan. In addition, the building footprint does not exceed maximum lot coverage requirements. Buildino Desion The subject property is located at the intersection of Village Road and Landings Road and serves as one of the four main corners within the Harveston commercial village. The Harveston . R:\D P\2004\04-0393 Harveslon Retirement Residence\STAFF REPORTdot 4 . . . Specific Plan requires that the village be pedestrian oriented in terms of building scale and design. The Mixed Use Overlay Zone Site Planning Guidelines state: 1. "Buildings shall be adjacent to the street or the adjacent landscape planter area to create a pedestrian oriented streetscape within the Mixed-Use Village Center." 2. "The first floor of any multi-floor building should be oriented to the pedestrian." 3. "The design of the building facades shall be architecturally interesting and in scale with the pedestrian." 4. "Ground floor elevations shall avoid large blank walls, with windows and doorways located at frequent intervals." Staff believes the proposed archite'ctural style of the building will be compatible with the adjacent buildings within the Harveston Village. Moreover, staff also believes the proposed tower element at the intersection of Village and Landings Roads will serve to accentuate the village core. The first floor building elevation along Village Road serves to achieve a pedestrian, scaled streetscape with architectural interest consistent with Specific Plan guidelines. The height of the building complies with the Specific Plan maximum height requirement. Landscapinq Staff has determined that the conceptual landscape plan conforms to the landscape requirements of the Harveston Specific Plan, Development Code and Design Guidelines with regard to plant quantities, sizes and spacing. Access/Circulation The Public Works Department has analyzed the projected traffic impact of the project and has determined that the impacts are consistent with the traffic volumes projected for the site by the previously approved Harveston Specific Plan EIR. The Fire Department has also reviewed the plan and determined that there is proper access and circulation to provide emergency services to the site. ENVIRONMENTAL DETERMINATION ~ 1. The proposed project has been determined to be consistent with the previously approved Harveston EIR and is exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations). CONCLUSION/RECOMMENDATION Staff has determined that the 106,882 square-foot senior congregate care facility, as conditioned, is consistent with the Harveston Specific Plan, City-Wide Design Guidelines and Development Code. Therefore, staff recommends approval of the Development Plan and associated 13-space parking reduction with the attached conditions of approval. R:\D P\2004\04-0393 Harveston Retirement Residence\STAFF REPORT.dol 5 FINDINGS Development Plan (Code Section 17:05.010F) . 1. The proposed use is in conformance with the General Plan, Specific Plan, and with all applicable requirements of state law and other City ordinances. The plan to develop a four-story 115-unit senior congregate care facility totaling 106,882 square feet is consistent with the Low Medium Density Residential (LM) and Mixed-Use Overlay policies of the Harveston Specific Plan, City-Wide Design Guidelines and development regulations. The proposed 13-space onsite parking reduction is appropriate for the proposed use and will not result in health and safety concerns. Moreover, the proposed plan, as conditioned, incorporates architectural and landscape designs, which will achieve the City's General Plan Community Design Goal #3, "Preservation and enhancement of the positive qualities of individual districts or neighborhoods". The senior congregate care facility complies with all applicable development standards of the Harveston Specific Plan as well as off-street parking and landscaping requirements. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been conditioned to conform to the Uniform Building Code, and City staff prior to occupancy will inspect all construction. The Fire Department staff has also found that the site design will provide adequate emergency access in the case of a need for emergency response to the site. . ATTACHMENTS 1. Project Review Worksheet - Blue Page 7 2. Plan Reductions - Blue Page 8 3. PC Resolution No. 2005 _ - Blue Page 9 Exhibit A - Draft Conditions of Approval . R:\D P\2004\04-0393 HarvestoD Retirement Residence\ST AFF REPORT.dot 6 . ITEM #3 . . . . . Date of Meeting: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION March 2, 2005 Title: Associate Planner Prepared by: Matt Harris File Number PA04-0616 Application Type: Extension of Time Project Description: Recommendation: (Check One) CEQA: (Check One) A Third and Final Extension of Time for Planning Application No. PAOO- 0276, a Development Plan to construct, establish and operate a 15,883 square foot office building on a .64 acre site located at the southwest knuckle of Enterprise Circle North (APN 909-282-013). ~ Approve with Conditions o Deny o Continue for Redesign o Continue to: o Recommend Approval with C.onditions o Recommend Denial ~ Categorically Exempt (Class) 15332 o Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR , R:\D P\2004\04-0616 Keeton Building\STAFF REPORT.doc PROJECT DATA SUMMARY . Applicant: Bruce G. Keeton Trust Completion Date: December 15, 2004 General Plan Designation: Business Park (BP) Zoning Designation: Business Park (BP) Site/Surrounding Land Use: Site: Vacant North: South: East: West: Industrial Bank Office Industrial Lot Area: .64 Acres Total Floor Area/Ratio 15,883/ .57 Landscape Area/Coverage 5,995/ 22% . Parking Required/Provided 39 Spaces / 34 Spaces BACKGROUND SUMMARY The Planning Commission approved Planning Application PAOO-0276 on December 20, 2000. The expiration of this approval was December 20, 2002. The first time extension was approved on March 19, 2003. Prior to the expiration of the first extension, the applicant applied for a second extension of time. This second time extension request was approved on March 17, 2004. Prior to the expiration of the second extension, the applicant applied for a third and final extension of time. ~ 1. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The applicant is proposing a two story, 15,883 square foot office building referred to as the KeetonSuilding on a .64 acre site. Shared points of ingress and egress to the streets are at the northwest and southeast corners of the site providing access to this site and the bank to the south. Parking is provided adjacent to the building and a single row of parking is provided in front of the building parallel to the western entry drive aisle. . R:ID P\2004104.{)616 Keeton BuildinglSTAFF REPORT.doc 2 . . . In accordance with the City's Development Code, a total of 39 parking spaces are required onsite. As designed, the applicant is proposing 34 parking spaces. As a part of the original Planning Commission approval, the applicant requested and was granted a minor exception for the required parking requirements. Additionally, the applicant was granted a FAR increase and a Minor Exception for a reduction of a building setback. The total square footage of this building, based on the outside dimensions, puts the floor area ratio (FAR) at .57 while the Development Code has a target ratio set at .40 FAR. The Development Code requires a 10 foot building set back from the street under the Business Park zoning. A minor exception allows for a 15% reduction that permits a setback of 8 Y:z feet and the applicant proposed 9 feet. The building's encroachment into the setback involves architectural relief features and the second floor overhang. The project as proposed complies with the City's Development Code and the findings for a Development Plan. In accordance with Development Code Section 17.05.010.H, a maximum of three one-year time extensions may be granted for a Development Plan. Therefore, if approved, this request would serve as the final extension. During review of the time extension request, the Community Services Department requested that two additional conditions of approval be added to address the Public Art Ordinance fee and street light issues (see Draft Condition Nos. 76 & 78). In addition, the Planning Department is requesting that one condition of approval be added in association with the adoption of the Multi species Habitat Conservation Plan (MSHCP) fee (see Draft Condition No. 17). All other previous conditions of approval have remained the same. ENVIRONMENTAL DETERMINATION ~ 1. In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review. (Class 32, In-Fill Development) CONCLUSION/RECOMMENDATION The project, as conditioned, is consistent with all applicable City ordinances, standards, guidelines, and policies. The project is compatible with surrounding developments in terms of design and quality, and staff recommends approval of this third and final extension as originally conditioned along with noted modifications/additions. FINDINGS Development Plan (Section 17.05.010F) 1. 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.. R:\D P\2004\04-0616 Keeton Building\ST AFF REPORT .doc 3 The proposal, an office building, is consistent with the land use designation and policies . reflected in the Business Park (BP) land use standards in the City of Temecula General Plan, as well as the development standards for Business Park (BP) contained in the City's Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of office/commercial development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, Ordinance No. 655 (Mf. Palomar Lighting Ordinance), the City's Water Efficient Landscaping provisions, and fire and building codes. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with and intended to protect the health and safety of those working 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. ATTACHMENTS PC Resolution No. 2005-_ - Blue Page 5 Exhibit A - Conditions of Approval 2. Originally Approved Plans - Blue Page 6 1. . 3. PC Minutes of March 19,2003 and March 17, 2004 (Excerpts) - Blue Page 7 . R:\D P\2004\04-0616 Keeton Building\ST AFF REPORT doc 4 . . . ATTACHMENT NO.1 PC RESOLUTION NO. 2005-_ R\D P\2004\04-0616 Keeton Building\STAFF REPORT.doc 5 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0616 (THE THIRD AND FINAL ONE YEAR EXTENSION OF TIME) FOR PLANNING APPLICATION NO. PAOO-0276 (DEVELOPMENT PLAN) TO DESIGN AND CONSTRUCT A 15,883 SQUARE FOOT OFFICE BUILDING (KEETON BUILDING), ON A .64 ACRE LOT LOCATED AT THE SOUTHWEST KNUCKLE OF ENTERPRISE CIRCLE NORTH, KNOWN AS ASSESSOR'S PARCEL NO. 909-282-013. ' WHEREAS, Keeton Construction, filed Planning Application No. PA04-0616 (Extension of Time Application), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on March 2, 2005, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 17.05.010F of the Temecula Municipal Code: 1. 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, an office building, is consistent with the land use designation and policies reflected in the Business Park (BP) land use standards in the City of Temecula General Plan, as well as the development standards for Business Park (BP) contained in the City's Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of office/commercial development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, Ordinance No. 655 (Mt. Palomar R:\D P\2004\04-OG16 Keeton Building\RESO & COA's.doc Lighting Ordinance), the City's Water Efficient Landscaping provisions, and fire and . building codes. 2. The overall development of the land is designed for the protection of the public health, safety, and general weifare. 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. The project will have no significant environmental impacts and has been found to be categorically exempt, Pursuant to Section 15332 Class 32 of the California Environmental Quality Act Guidelines. Section 4. Conditions. That the City of T emecula Planning Commission hereby conditionally approves Planning Application No. PA04-0616 (the Third and Final Extension of Time for a Development Plan) to design, construct and operate a 15,883 square foot office building on a .64 acre lot located at the southwest knuckle of Enterprise Circle North, and known as Assessor Parcel No. 909-282-013 subject to Exhibit A, attached hereto, and incorporated herein by this reference made a part hereof. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula . Planning Commission this 2nd day of March 2005. David Matthewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] . R:\D P\2004\04-0616 Keeton Building\RESO & COA's.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. 2005-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2" day of March 2005, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\D P\2004\04-0616 Keeton Building\RESO & COA's.doc 3 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL R:\D P\2004\04-0616 Keeton Building\RESO & COA's.doc 4 . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No. PA04-0616 Project Description: A Third and Final Extension of Time for Planning Application No. PAOO-0276, a Development to construct, establish and operate a 15,883 square foot office building on a .64 acre site located at the southwest knuckle of Enterprise Circle North. DIF Category: Offi ce TUMF Category: Non-Residential MSHCP Category: Commercial Assessor Parcel No.: 909-282-013 Approval Date: March 2, 2005 . Expiration Date: Decernber20,2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements 2. 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 . R:\D P\2004\Q4-0616 Keeton Building\RESO & COA's.doc 5 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 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. 3. This approval shall be used by the Expiration Date noted above; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 4. The development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan), contained on file with the Planning Department Additionally, the following criteria must be met prior to development of the project: a. All ground mounted utility/mechanical equipment shall be located such that they are not placed in prominent locations visible to the public. b. 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 prior to final agreement with the utility companies. c. If the limited landscape area between the right-of-way and the building make screening difficult or ineffective the Director of Planning may request more stringent screening methods such as screen/retaining walls and/or undergrounding of the utility/mechanical equipment. d. All compact size off-street parking spaces shall be converted to standard size parking spaces. . 5. Any outside wall-mounted lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. Those lights shown on the elevation plan as '1ypical exterior building lighting" shall be a decorative type complimentary to the building. Details of these lights shall be submitted to the Planning Department for review prior to installation. 6. All parking lot lights and other exterior lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655. 7. Building elevations shall substantially conform to the approved Exhibit "E" (Building Elevations), contained on file with the Planning Department. 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. 8. Landscaping shall substantially conform to the approved Exhibit "F" (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 . R\D P\2004\04-0616 Keeton Building\RESO & COA's.doc 6 . . . 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. Additionally, the following criteria must be met prior to development of the project: a. All trees installed on this site shall be 24-inch box size. 9. 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. 10. The long expanse of the raised center portion of the second floor running the depths of the building shall be finished with same gazing system used on the exterior of the building. Material Color Windows, doors Cornices Stucco first floor projections Sase and column accent veneer Aluminum frames with dark blue glazing La Habra Stucco, Aspen X-23 La Habra Stucco, Aspen X-23 Red Sand Stone (Morning Glory, Sandstone) 11. 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-inches apart. The numerals shall be painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a contrasting background. The addresses(s) shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. Prior to the Issuance of Grading Permits 12. 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. 13. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. 14. An application for a lot merger shall be submitted for the parcels involved with this project. 15. The applicant shall revise Exhibits "D, E & F", (Site Plan, Elevations, Landscape Plan, Color and Material Board) to reflect the final Conditions of Approval and submit five (5) full size copies. 16. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 1 0" 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 Planning Department for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. R:\D P\2004\04-0616 Keeton Building\RESO & COA's.doc 7 The Developer shall pay to the City the Multispecies Habitat Conservation Plan (MSHCP) mitigation fee as required by, and in accordance with, Chapter 15.10 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.10. Prior to the Issuance of Building Permits 17. . 18. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 19. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform substantially with the approved Exhibit "H1" and "H2," 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 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). 20. The applicant or owner of this project shall submit a use and parking ratio synopsis, for any proposed tenant(s), for staff's review and approval to ensure that the proposed tenant use of the building is compliant with the use and parking ratios approved by the Planning Commission. . 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. 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 are and shall be centered at the interior end of the parking space at a minimum height if 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 23. . R:\D P\2004\04-0616 Keeton Building\RESO & COA's.doc 8, . . . 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 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 25. 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. 26. 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. 27. 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 Grading Permit 28. 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. 29. 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. 30. 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. R:\D N004\04-0616 Keeton Building\RESO & COA's.doc 9 31. 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. 32. 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 33. 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. 34. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 35. 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. 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. 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. 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. c. All concentrated drainage directed towards the public street shall be conveyed through undersidewalk drains. 38. 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. 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. R:\D P\2004\04-0616 Keeton Building\RESO & COA's.doc 10 . . . . . . 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 an all Resolutions implementing Chapter 15.08. Prior to Issuance of a Certificate of Occupancy 41. 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 42. 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. 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 DEPARTMENT 44. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing, Mechanical and Fire Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 45. Submit at time of plan review, a complete exterior site lighting plan showing compliance with Palomar Lighting Ordinance No. 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 46. Obtain all building plans and permit approvals prior to commencement of any construction work. 47. A pre-construction meeting is required with the building inspector prior to commencement of any construction or inspections. 48. Disabled access from the public way to the main entrance of the buildings 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). Provide precise grading plan for plan check submittal to check for handicap accessibility. 49. All buildings shall comply with the applicable provisions of the California Disabled Access Regulations effective April 1, 1998. R:\D P\2004\04-0616 Keelon Building\RESO & COA's.doc 11 50. Provide the proper number of disabled parking spaces located as close as possible to the main entries in accordance with California building Code Table 11 B-6. Provide a site plan as requested above which indicates compliance with this. . 51. Provide appropriate stamp of a registered professional with original signature on plans and structural calculations submitted for plan review. 52. Provide electrical plan including load calculations and panel schedule for plan review. 53. Provide house-electrical meters at each building for the purpose of providing power for fire alarm systems and exterior lighting. 54. Schematic plumbing plans, electrical plan and load calculations, along with mechanical equipment and ducting plans shall be submitted for plan review stamped and original signed by an appropriate registered professional. ,55. Obtain street addresses from the Building Official prior to submittal of plans for plan review. 56. Signage shall be posted conspicuously at the entrant to the project that indicates the hours of construction, shown below, as allowed by 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 Sundays or Government Holidays . 57. Provide an approved automatic fire sprinkler system. 58. Restroom fixtures, number and type shall be in accordance with the provisions of the 1998 edition of the California Building Code, Appendix Chapter 29. 59. Provide an approved precise grading plan for plan check submittal for checking of site- disabled accessibility. FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 60. 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. 61. 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 400 GPM for a total fire flow of 1900 GPM with a 2-hour duration. The required fire flow may be . R\D P\2004\04-0616 Keeton Building\RESO & COA's.doc 12 . . . 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) 62. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A combination of on-site and off-site super fire hydrants (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 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 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) 63. 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 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 64. 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) 65. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) 66. 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) 67. 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) 68. 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 lor numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) R:\D P\2004\04-0616 Keeton Building\RESO & COA's.doc 13 69. 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) . 70. 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) 71. 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) 72. 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. COMMUNITY SERVICES DEPARTMENT General Conditions 73. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 74. All parkways, landscaping, on site lighting and fencing shall be maintained by the property owner or maintenance association. . 75. 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. 76. The applicant shall comply with the Public Art Ordinance. Prior to Issuance of Building Permit 77. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 78. If additional streetlights are to be installed on Enterprise Circle North as a result of this project, then prior to issuance of Building Permit or installation of the street lights, which ever occurs first, the developer shall provide and approved Edison Street Light Plan, complete the TCSD application process and pay the advance energy fees in order to include the street lights into the TCSD maintenance system. OTHER AGENCIES 79. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated July 28,2000, a copy of which is attached. . R:\D P\2004\04-0616 Keeton Building\RESO & COA's.doc 14 . . . 80. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated August 1, 2000, a copy of which is attached. 81. The applicant shall comply with the recommendations set forth in the Riverside County Flood Control's transmittal dated August 4,2000, 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 Signature Date Applicant Printed Name R:\D P\2004\04-0616 Keeton Building\RESO & COA's.doc 15 1@ Rancho Water i , .' I i I UoMrrl..r UIM'M" I . Douolu \'. "nil"". f l'r-uk-h1 , , i I ! ntlUrK~ ~L WOfKIIf ~. rJ~'Y PrwlcJt.nt . Ralph H. Dalt)- I j I I I I , I I I ! I u. U. Ht'rtIUln f'lWha .~. JUt ~I A. ~It"nl)"'" ""ofTft.;" ._ )1fnkJer 411fk..1"'": -Iohn "., Henn":'ar (~Mu~r PhfUlp I.. "'orht,,,, Uirwt.....4 t'lnanq.. Tm...u."""r' .:.p. -unhM .....mD"" 1~......rl:::npn...-rinJt Mnrwch {\ l""al)' 1tirw:..,..o(llptoratiolO>t . ~IUUu"n:uk'" Pvny R. f..uu,* (....fUn~ Ii . " .fitiJiii?". July 28, 2000 Thomas Thomsley, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SImJECf: WATER AVAILABILITY PORTION OF PARCEL 26 OF PARCEL MAP NO. 19582-2 APN 909.282-013 PLANNING APPLICATION NO. PAOO-276 Llnd:a )1. .-n.",0tIt) UMMt' :-;'C;'fYCu..,...'A.Jmini>;tnlU\'t-. '. . ,,",",.- ",,"'''''"' Water availability would be contingent, upon .the property owner slgrung an ('. "".".., i'"~",, Agen, cy Agreement that assigns water managem, ent rights, if any, to RCWD. . Ikltllk1l:l &: Kri,...er UP (;..r,..r.III-'''JnlfO''t Dear Mr. Thomsley: 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 reqwred, the customer ~1I need to c9ntact RCWD for fees and requirements. If you have any questions, please contact an Engineering Services Representative ' at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT '~. 11 .' " ,U~ /;::---..----'--'-.-.... Ii n:i ~ u l ~~ 1: 2000' .;IJi,! ,II.. r". .": Ire " . . f.:~;' __....~_ ....._~. . _.._= .-....~........__.l Steve Brannon, P,E. ,Development Engiqeering Manager OO\SB:D11I IIFOI2-T6\FCF IL.n..h,,'...llr....~I_ tt........ ... . . . I I I , I I ; I I I , I' I I I . I 1 I I . I .. . . .. . TO: FROM: RE: -,.~~~v... COUNTY OF RIVERSIDE DEPAR'IMENT OF ENVIRONMENTAL HEALTH DATE: August I, 2000 CITY OF TEMECULA PLANNING DEPARTMENT T . pervisor PLOT PLAN NO. PAOO-0276 1. The Department of Environmental Health has reviewed the Plot Pllin No. PAOO-Q276 and has no objections, Sanitary se,,{er and water services may be available 'in, this area.' . 2. PRIOR TO ANY PLAN CHECK SUBMITTAL for health Clearance. the following items are required: a) "Will-serve" letters from the appropriate Water and sewering agencies. 3. Waste Regulation Branch (Waste CollectionILEA). SM:dr (909) 955-8980 NOTE: StaJd)b.dac Any current additional requirements not covered can be applicable at time of Building Plan review for finaL Department of Environmental Health clearance. " ;:r8:T~~::~'-;'-~--~-:-:: ;~~',i 111 AUG 04: 2ooo;Ui! - . ,'_.11 . . -: e. ; , .-...---......---.-. . --_0.- -..-----~._....; -...._. .c.n..... I 0cnenI Manage,.-ChlcfEngi~eer . ) \.' }. ---. . <) 1995 MARKET STRI RIVERSIDE, CA 92~ 9091955- I 200 909n88.9965 F tt 51110.1 " ~ '15>~~ ,\\) \. , ~\I Cliy of Temecula PlannlnJl Department Post OffIce Box 9033 ' Temecula, California 92589-9033 AUenti~: mOfV/A5. 7/.,nItN<.L.f:.'1 Ladles and Gentlemen: . REi: -E.8 ()() _ () 2.. 7.6 The Dlslllct does not nonnally recommend conditions for land divisions or other land use cases In Incorppraled. cttles. The OIslricleso not DIlln check citv land use cases, or provide state Dlvfslon or Real Estate Jeltera or other flood hazard ' for such cases. OIsMct commenlslrecominendatlons for such cases are nonnally limited to Items of ~ to the DIstrict Including DIstrict Master Drainage PIa. n facilities, other regional IIood conlrol and dialnage faclDtles which could be consIdered a ~1caJ COl1lllOl'lenf or extensIon or a master plan SYStem. and District Area Dmlnage Plan fees (development mitigation fees). In addition, informal/on of a general nalure Is provf~; : The 0Islricl has not reviewed the p/wosed project In detail and the foJlowft:1g checked comments do riot III any way constitute or !n!PIY 0IsIrlct ~ or endOraement ot the proposed project with respect to flood haZard. public' health arid safetY or any oIhei' such Issue: . '. ~ ThIs DIOIect WOUld not be Impacted by Dlslllct Masler DraInage Plan me/llties nor are other fae/1IIIes of . . regloilallnterest proposed. . ' This project Involves DIstrict Masler Plan facilities. The OIstrlc1 win accept ownersl!lp of such facllltias on .wriIteh !e<luest of the City. Facllilies must be conslnlcted 10 DlstrlcI standards, and D/strlcI plan.check and .. ~on wig be requIred for 0IstrIcI acceptance. Plan check, Inspection an(! administrative fees will be reQuIred. .. . . . . ThIs Ilf"O/ect prl?poSes channels. storm dmlns' 36 Inches or larger In dlameler, or other facilities that could be - consldered.~ In nature BildIor a logical extension of th8 adopled . Master Dralnage Plan. The District woula consider accepti!l!l ownership Of SUCh IaCfIlUes on WIIlIen request. or the qIty. F8clJ'lties must be COnsInIcted to D/strlcI standards, and Dlslrfct pJan check and Ins~on will be required for DIstrIct acceptance. Plan check, Inspection and administrative fees will be required. , 'At.t..6 .'/ . 4~~~. ~ ThIs project Is located within the Umlts . or the DIstrict's A /(. A Area ' DIBln8ge Plan for which dral"1R: fees have been adc:f ; ~ ICB e ses s e pa cashler'$ ~~er=s~ ~Iyo be ~~u1"n'e~~ ~rn ~J~~~~o~~~I~~~~r:'~1 ~~ . '. , . GENERAllNFORMAnON This proj~l~u/re a National PollUtant Discharge EliminatiOn, System (NPDESI P.B/lI)II from the State Water Resources 1I Board. ' Clearance for gradl!l!l, recordation, or other final approvaf should not be glvenuntll the . City has detennlned that the project has been gianted a permit or Is shown to be exempt . _ . If this Pr!!lect Involves a Federal Emergell9Y Management Agency (FEMAI mapP.8d 'flood plain, then the Cltv should I'IlqUjre llie applicant to .JlI'Ovlde 'all studies calculal/ons, ",ans and other ltlfonnation ~ulred 10 meel FEMA I'8!iu/rements, and should" further require that the applicant obtain a Conditional Leiter of Map Revision (CLOMR) prior to grading, recordation or other flnal approval of the project, and a Letter of Map Revision (lOMR) prior to occupancy. ' "If a natuml watercourae or mapped flood plain Is Impacted by this project. the City should require the aDDllcant to . . obtain a Section 160111603 Agreement from the California Departrilerit of Fish an(! Game anil a Clean Water Act . Sactlon.404 Permit from the U.S. Army Corps of engineers, or written COITespondence from these agllncles . indicating the project Is exempt from these requirements. A Clean Waler Act Section 401 Water Qualltv CertlllcaUon may be required Trom the loCal Callfomla Regional Waler Quality Control Board prior 10 Issuance or llie Corps 404 permit RIVERSIDE COUN1Y FLOOD CONTROL AND WATER CONSERVATION DISTRICT $/(M. c: c~~;r::;: . ~vbf STUART E. MCKI;BIN ! . . Senior Civil Engineer ' Date: 8-4"ZociO . . . . ATTACHMENT NO.2 ORIGINALLY APPROVED PLANS R:\D P\20Q4\Q4-0616 Keeton Building\STAFFREPORT.doc 6 o . .0 CITY OF TEM.ECULA v" . <;J" ---., , 'I '0" VV --....J. - ol?-',~ / V . \ ---. 'I rf:Y ~u if ---- - ---'\. "\-~.;:,'* ~.~ ~ ~ ---- \i _ ....~-.-.-.~~ ,'? 'Iv" VV -"'- r:f' v qUO ~~ if "\) .;:,'* ~Q .,)' -~-... ~.. - --- nm.......II'tl '. __n_. ..~ 1.. ~"-':'~'-='_ _.~. _ ._ _'_"_ __h .___'-: ,~:.:;' ~.:- _ __ .- FAUlr~ 2_ ", ...--- ro::, ~l.\1Qtt --- -.___.._._ __ _ '.-..--.-. .-. ,~. -. 111S' ~IJOGI. '~.ll:1l. .......w~'.r__. '\ :--"-. ~:~'~J. _. v _" ---~-----~~ I i '.'!I I i '\ , ! ",> I ~~.~ i I I i I , ~ I I ! , ! i I I !:." I I I i ",,' l 1~' zo' ,. I {. I I 'I' ~ '1:1 It., I..'" I ;;.:; I T- I" ,',I ILj . ~ _. II. r-i ;, Ii, I-------; ill J " J r--', ~1 -"'~I . to', '""I C ... . ~ I: g -, ~f''''' :1' . ,,':;'}r. '~r"":'_h:":::' " .~::~ ,~ qc," ~of- I?- q,t' '10 '\. c,v <;,-1>S rf s' ~'<1' c,<;' -V ~Q V "t' U' <J '1-" II v q," ," iii ~/ ~" 'Iv r:f' ~"J Or &'<1' -.)9 ~<,,~ "\) S) O~ to'<1' Q PRCPARfD BY> "<,,-1>c,'\' MARKHAM & ASSOCIATES llllO_tooI-SoI,N ..... CdIlniI9lI9O ___]Bit. . ~JmrA1 Ii' \ I : "'~', I "-"1 , b r ,"5/- -- D,1 '\ .I '\ "- <o"{l- 'Iv" r:f' c,v c.f <.?~ I O~'<1' -.)c,<" I 'V ~Q "t' I I SITE PLAN ~, o o CITY OF TEMECULA -+ , .-.~ .'" ,", -0. -l- .' ,.. -- ~~-..NI!!!!'W!.~_4'- - "'''!!!!N!!I!''!P.A'!: .. . .' =:'I=! 1=1': ~. , . . U'I - -W- jl\~ ,I - - -1-1 .- .. =- r- r-'i -~- , FRONT ELEVATION t..~." REAR ELEVATION ....~I'... SIDE ELEVATION V.l.I~"" ..' '7l.:''''.....''':''';; ~~" . .--~:J.J~ . _.....~ -- ~':l:.l;:t. .J..J1:...~ u..,l1:.../t+'f'I1" .,......,:..........ollo-. '.4f.f". . SIDE ELEVATION l'J!'-II", ELEVATIONS . I o . .C) CITY OF TEMECULA e.1~. . K CAClE NORTH ~ g I ........:.-)~.:_~ --- \~~;.., ',1'11111 ~ IIII II ~ _ _ _ _ _ _ _ ___ ___ _ _ _ __ _ __ _ _ _ __....J f-illW-ill- .LWillllio OU LANDSCAPE PLAN -----~--p --,---- R:\D 1'100-0276 Keelan Trus"Staff mport 276paOO.doc 25 . . . ATTACHMENT NO.3 PC MINUTES OF MARCH 19, 2003 AND MARCH 17, 2004 (EXCERPTS) R:\D P\2004\04-0616 Keeton Building\STAFF REPORT.doc 7 . . . Commissioner Mathewson emphasized his desire to permit one primary tenant identified per building with one sign per elevation (two signs maximum); . Com 'ssioner Guerriero voiced no objection to placing a secondary sign on the north an south sides but expressed concern with the placement of a secondary sign on the st and west sides. By way of an exhibit, th ommission clarified its recommendation with the applicant voicing no objection as follow . . One primary sign per build I on the east and west elevations (freeway and Madison Avenue sides); . One secondary sign for another major nant on the second floor on either the north or south ends of the buildings. If ttl e were four tenants on the second floor, no signage would be permitted on the no and south ends; . Two monument signs on the east elevation; sign . Provide a revised site plan to reflect recommendation; . That no logos be granted. MOTION: Commissioner Guerriero moved to continue this matter to the Plan . Commission Meeting of April 9, 2003. The motion was seconded by Commissione Mathewson and voice vote reflected unanimous approval. 8 Plannina Application No. PA02-0689 An Extension of Time for Planninq Application No. PAOO-0276 a Development Plan to desiqn and construct a 15.833 square foot office buildina on a .64-acre lot located at the southwest knuckle of Enterprise Circle North (the emptv buildina pad north of 41582 Enterprise Circle North), Rick Rush. Associate Planner RECOMMENDATION: 8.1 Adopt a Notice of Exemption for Planning Application No. PA02-0689 pursuant to Section 15332 of the California Environmental Quality Act; 8.2 Adopt a Resolution entitled: PC RESOLUTION NO. 2003-014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02- 0689 (THE FIRST ONE YEAR EXTENSION OF TIME) FOR PLANNING APPLICATION NO. 00-0276 (DEVELOPMENT PLAN) TO DESIGN AND CONSTRUCT A 15,883 SQUARE FOOT OFFICE BUILDING (KEETON BUILDING), ON A .64 ACRE LOT LOCATED AT THE SOUTHWEST KNUCKLE OF ENTERPRISE CIRCLE NORTH, KNOWN AS ASSESSOR'S PARCEL NO. 909-282-013 R: PlanComm/minutes/031903 7 Associate Planner Rush reviewed the staff report (of record), advising that the applicant's representative was in attendance and voicing no opposition to the six added conditions of approval as well as one amended condition of approval (added condition nos. 4d, 11,70,71,72, and 73 and the amended condition no. 18). . At this time, the Chairman opened the public hearing. Mr. Larry R. Markham, 41635 Enterprise Circle North, representing the applicant, reiterated concurrence with the revised conditions of approval, including the amended condition. At this time the public hearing was closed. MOTION: Commissioner Guerriero moved to approve staffs recommendation with the added six conditions of approval, including the one amended conditions (see page 7). Commissioner Olhasso seconded the motion, and voice vote reflected unanimous approval. 9 . RECOMMENDATION: 9.1 Adopt a resolution entitled: A RESOLUTION ING COMMISSION OF THE CITY OF TEMECULA RE MENDING THAT THE CITY COUNCIL ADOPT AN ORD ANCE ENTITLED "AN ORDINANCE OF THE CITY COU L OF THE CITY OF TEMECULA AMENDING CHAPT 17 OF THE TEMECULA MUNICIPAL CODE TO CLA THE PROCEDURES FOR MODIFYING APPROVED P MITS, TO CREATE PROVISIONS TO ALLOW FOR PLAN D RESIDENTIAL DEVELOPMENTS, TO MAKE OTHER INOR CHANGES AND PROVIDE FOR THE READ TION OF PLANNED DEVELOPMENT OVERLAY NOS. 5 AN " (PLANNING APPLICATION 03-0109) Princi Planner Hogan clarified the staff report (as per agenda material), highlighting 1I0wing: . R: PlanCommlminulesJ031903 8 ,~ Mr, Dean Davidson, 40023 Myrtlewood Court, architect for the project relayed that the a has made changes as requested by staff. ' At this time, the Public Hearing was closed. MOTION: Commissioner Chiniaeff moved to adopt PC R ution No. 2004-013. Commissioner Guerriero seconded the motion and voice vote r ted unanimous approval. PC RESOLUTI 0.2004-013 A RESOLUTION OF T PLANNING COMMISSION OF THE CITY OF TEMEC APPROVING PLANNING APPLICATION NO. PA03- 9, A CONDITIONAL USE PERMIT AND DEVE ENT PLAN TO CONSTRUCT TWO 8,573 SQUARE F OFFICE/WAREHOUSE BUILDINGS ON 1.87 ACRES OF AND, LOCATED AT THE CORNER OF ENTERPRISE CIRCLE SOUTH AND ENTERPRISE CIRCLE WEST KNOWN AS ASSESSOR PARCEL NUMBERS 921-480-079 & 921-480-08 New Items 3 Planninq Application No. PA03-0707 a Second Extension of Time for Plannina Application No. PAOO-0276 a Development Plan to desian and construct a 15, 883 sauare foot office buildinq on a .64 acre lot located on the southwest knuckle of Enterprise Circle North Associate Planner Harris presented staff report (as per agenda material), noting the following: . That the planning application is a second extension of time; . That staff determined that there are no outstanding issues ,in terms of Development Code provisions; . That during review of the time extension request, the Public Works Department requested that one additional condition of approval be added to address the Transportation Uniform Mitigation Fee (see Condition of Approval no. 39); . That all previous conditions of approval have remained the same. At this time, the Public Hearing was opened. Mr. Michael Richter, 41635 Enterprise Circle, spoke on behalf of the applicant relaying that the applicant concurs with the Conditions of Approval. At this time, the Public Hearing was closed. MOTION: Commissioner Guerriero moved to adopt PC Resolution No. 2004-014. .. Commissioner Chiniaeff seconded the motion and voice vote reflected unanimous approval. R:IMinutesPCI031704 2 . ITEM #4 . . . . . CITY OF TEMECULA PLANNING DEPARTMENT MEMORANDUM TO: Planning Commission FROM: Cheryl Kitzerow, Associate Planner Cathy McCarthy, Development Services Administrator DATE: March 2, 2005 SUBJECT: Planning Application No. PA05-0027, TCSD related Wolf Creek Development Agreement Amendment. " PROJECT DESCRIPTION A proposed Development Agreement Amendment to Sections 4.2.5 (iv), 4.4.3(iii), 4.4.3 (iv), and 4.5.4 regarding financing responsibilities, improvements and building permit timing thresholds for the linear park, neighborhood park, Kent Hintergardt Park and the Civic Use Parcel at Wolf Creek (Tract 29305). BACKGROUND On February 13, 2001, the City Council approved the Wolf Creek Development Agreement. On February 3, 2005, Wolf Creek Development LLC submitted a request to amend the Wolf Creek Development Agreement as follows (deleted text shown as'strikethrough; revised text shown as bold): Section 4.2.5 (iv): Park Fee Component INeiqhborhood and Linear Parks). Provided OWNER has improved, as required by the Development Plan, and has offered and the CITY has accepted a grant deed to the six (6) acre Neighborhood Park and the six and seven tenths acre (6.7) Linear Park, as described in the Development Plan, the CITY shall credit to OWNER the total sum of Seven Hundred Fifty Thousand Dollars ($750,000.00) against the total Park fee component of Three Million Six Hundred Fourteen Thousand One Hundred Twenty-seven Dollars ($3,614,127.00). The credit shall be allocated as follows: Six Hundred Thousand Dollars for the Neighborhood Park One Hundred Fifty Thousand Dollars for the Linear Park The City agrees that O'NNER shall not be obligated to expend menios in exooss of the rospootivo orodits to improvo the Noighborhood and Linoar Parl<s. The OWNER agrees that any design and construction costs in excess of the respective DIF credits for the improvement of the neighborhood and linear parks will be the sole responsibility of the OWNER. Section 4.4.3.(iii): Owner agrees to convey fee title to the CITY after the improvement, and the lapse of the ninety (90) day maintenance period, 6 acres in Planning Area 11 of the Specific Plan for the Neighborhood Park. The six-acre Neighborhood Park shall be improved to the reasonable satisfaction of the Director of Community Services, the ninety (90) day maintenance period shall have lapsed and the conveyance shall have occurred on or before the issuance of the 600'" 700'h building permit within the Project. G:\Planning\2005\PA05-0027 Wolf Creek TCSD, DA Amendment\Planning\PC Staff Report.doc 1 Section 4.4.3.liv): Owner agrees to convey fee title to the CITY and improve, per the conditions . in the Development Plan, 6.7 acres for Linear Park and the Activity Nodes. The first phase north of Wolf Valley Road shall be completed and the ninety (90) day maintenance period shall have lapsed prior to the issuance of the 400'" 600th building permit within the Project. The second phase, comprised of the area south of Wolf Valley Road shall be improved and the ninety (90) day maintenance period shall have lapsed prior to the issuance of the 1400th building permit in the Project. Section 4.5.4: Improvement of Civic Use Parcel and Kent Hinteraardt Park. (i) OWNER shall mass grade and balance the Civic Use Parcel dedicated to the City for civic uses pursuant to Sections 4.4.2 and 4.4.2.B of the Agreement. (ii) OWNER shall design and construct a parking lot on the City-owned one and one- half (1.5) acre parcel adjacent to Kent Hintergardt Park. The parking lot shall support the existing park and the proposed Boys and Girls Club facility. Parking lot plans shall be submitted to the Director of Community Services on or before May 15, 2005 and shall be approved by the Director of Community Services. The parking lot plans shall provide for the parking of vehicles on the parcel and shall include necessary hardscape, security lighting and perimeter landscaping. OWNER shall complete construction on the parking lot in accordance with approved plans on or before September 1, 2005. ANALYSIS This amendment to the Development Agreement guarantees the proposed improvements to the . Linear Park and Neighborhood Park in the Wolf Creek Development will be made by the developer with no additional cost to the City. The estimated construction cost for the Linear Park and the Neighborhood Park is $2,606,000. The park component of the DIF credit established in the current Development Agreement and the developer's obligation for these two parks is $750,000. In exchange for a minor change in the threshold for the release of building permits, the developer will not only accept the obligation of constructing the parks as they have been designed, but they will also make the parking lot improvements on the parcel adjacent to Kent Hintergardt Park. This parcel was already deeded to the City as part of the Wolf Creek Specific Plan. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the Development Agreement Amendment. ATTACHMENTS 1. PC Resolution 2005-_ - Slue Page 3 Exhibit A - Draft Wolf Creek Development Agreement Amendment 2. Draft CC Ordinance 05-_ - Blue Page 4 Exhibit A - Draft Wolf Creek Development Agreement Amendment 3. Wolf Creek Specific Plan Area Reference Map - Blue Page 5 . 4. Applicant's Request Letter - Slue Page 6 G:\Planning\2005\PA05-0027 Wolf Creek TCSD. DA Amendment\Planning\PC StafIReport.doc 2 . . . ATTACHMENT NO.1 PC RESOLUTION 2005-_ G:\Planning\2005\PA05-0027 Wolf Creek TCSD, DA Amendment\Planning\PC Staff Report.doc 3 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 4.2.5.(IV), 4.4.3.(11I), AND 4.4.3.(IV) AND ADDING SECTION 4.5.4 TO THE WOLF CREEK DEVELOPMENT AGREEMENT PERTAINING TO FINANCING RESPONSIBILITIES AND IMPROVEMENT TIMEFRAMES FOR THE LINEAR PARK, NEIGHBORHOOD PARK, KENT HINTERGARDT PARK, AND CIVIC USE PARCEL OF TRACT 29305," LOCATED IN THE WOLF CREEK SPECIFIC PLAN AREA, SOUTH OF LOMA LINDA, WEST OF PECHANGA PARKWAY, AND NORTH OF DEER HOLLOW WAY (PLANNING APPLICATION PA05-0027)" WHEREAS, the City Council of the City of Temecula adopted the Wolf Creek Specific Plan on February 13, 2001; WHEREAS, the City and Sop Murdy, LLC entered into a Development Agreement, dated February 13, 2001, and recorded on October 3, 2001 with respect to the Property. On December 15, 2003, the City, Developer, and Sop Murdy entered into that certain "First Operating Memorandum" to clarify certain terms of the Development Agreement. WHEREAS, Wolf Creek Development LLC, filed Planning Application No. PA05-0027, Development Agreement Amendment for the property consisting of approximately 557 acres generally located south of Loma Linda Road, west of Pechanga Parkway, north of Deer Hollow Way and west of the Redhawk Community, generally known as the Wolf Creek Specific Plan No. 12 ("Project"); WHEREAS, the Planning Commission held a duly noticed public hearing on March 2, 2005, and recommended that the City Council approve the attached amendments to the Wolf Creek Development Agreement; WHEREAS, this Resolution complies with all the applicable requirements of State law and local law, including local ordinances and the California Environmental Quality Act and; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on March 2, 2005 to consider the application for the Project and environmental review, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended the City Council approve the Application subject to and based upon the findings set forth hereunder; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, local newspaper, and the project site; G:\Planning\2005\PA05-0027 Wolf Creek TCSD, DA Amendment\Planning\Draft PC Reso and CC Ord.doc I WHEREAS, The Planning Commission adopted Resolution No. 2005-_ . recommending the City Council approve a Development Agreement Amendment; WHEREAS;' at the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Pianning Commission recommended the City Council approve the Application, and file a Notice of Determination; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findinqs. The Planning Commission, in approving Planning Application 'No. PA05-0027 hereby finds that the development agreement amendment, is consistent with .the goals and policies of the approved Wolf Creek Specific Plan and Development Agreement, and the proposed development agreement amendment would further the City's long-term economic development goals. Section 2. Environmental Compliance. Recommend filing a Notice of Determination (Determination of Consistency) for which an Environmental Impact Report was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations). Section 3. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt Ordinance ,05-_ amending the Wolf Creek Development Agreement per Exhibit "A" attached hereto. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2nd day of March 2005. . Dave Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] . G:\Planning\2005\PA05-0027 Wolf Creek TCSD, DA Amendment\Planning\Draft PC Reso and CC Ord.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 the PC Resolution No. 2005-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of March 2005, by the following vote of the Commission: AYES: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\2005\PA05-0027 Wolf Creek TCSD, DA Amendment\Planning\Draft PC Reso and CC Ord.doc 3 . . . EXHIBIT A DRAFT WOLF CREEK DEVELOPMENT AGREEMENT AMENDMENT G:\Planning\2005\PA05-0027 Wolf Creek TCSD, DA Amendment\Planning\Draft PC Reso and CC Ord.doc 4 . . . RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attn: City Clerk Exempt from recording fees pursuant 10 Gov!. Code Section 27383 (Space above for recorder's use) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA AND STANDARD PACIFIC, LLC (WOLF CREEK SPECIFIC PLAN) This First Amendment to Development Agreement is made and entered into as of March _, 2005, by and between the CITY OF TEMECULA, a California municipal corporation ("City"), STANDARD PACIFIC, INC., a California corporation ( "OWNER") , [merchant builders[ pursuant to the authority of Section 65864 through 65869.5 of the California Government Code and Article XI, Section 2 of the California Constitution. Pursuant to said authority and in consideration of the mutual covenants set forth in this First Amendment, the parties hereto agree as follows: I. Recitals. This First Amendment is made with respect to the following purposes and facts which the parties agree to be true and correct: A. The City and Sop Murdy,LLC entered into that certain Development Agreement (the" Development Agreement"), dated February 13,2001, and recorded on October 3,2001, as Instrument No. 2001-481217 with respect to the Property. On December 15, 2003, the City, Developer, and Sop Murdy entered into that certain "First Operating Memorandum" to clarify certain terms of the Development Agreement. 808514.1 February 9, 2005 I B. The real property which is the subject of the Development Agreement and this First Amendment to the Development Agreement is located in the City ofTemecula, County of Riverside, State of Cali fomi a and is generally known as the Wolf Creek Specific Plan No. 12 ("Property"). The Property is more specifically described on Exhibit A, Legal Description of Property, attached hereto as Exhibit A and incorporated herein as though set forth in full. . C. On or about July 2, 2003, Owner purchased a portion of the Property (northerly of Wolf Valley Road and exclusive of the commercial portion) from Sop Murdy, and has entered into an option agreement with Sop Murdy for the purchase of the remainder of the Property (southerly of Wolf Valley Road and exclusive of the commercial portion). In connection with the July 2, 2003 purchase and sale and pursuant to that certain Assignment and Assumption of Development Agreement dated as of July _,2003, Sop Murdy assigned to Developer all of its right, title and interest in and to the Development Agreement to the extent that such right, title and interest in the Development Agreement related to the Property acquired by Owner, and Sop Murdy delegated to Owner, and Owner assumed, certain obligations arising under the Development Agreement. D. On or about , Owner purchased the remainder of the Property (southerly of Wolf Valley Road) from Sop Murdy. In connection with the purchase and sale and pursuant to that certain Assignment and Assumption of Development Agreement dated as of , Sop Murdy assigned to Developer all of its right, title and interest in and to the Development Agreement to the extent that such right, title and interest in the Development Agreement related to the Property acquired by Owner, and Sop Murdy delegated to Owner, and Owner assumed, certain obligations arising under the Development Agreement. . E. Owner has conveyed portions of the Property to the following merchant builders: [merchant builders[ ("Merchant Builders"). Owner conveyed the real property pursuant to the Development Agreement, but retained the obligations under the Development Agreement to construct the on-site and off-site public improvements. F. The Development Agreement incorporates by reference certain development approvals and grants the Owner a vested right to construct in accordance with those development approvals subject to the terms of the Development Agreement. The Development Agreement also recognizes the necessity for future development approvals which would become part of the rights and obligations of the Development Agreement when approved. G. On January 23, 2001, the City Council of the City of Temecula approved Tentative Tract Map No. 29305 ("Original Map") and other land use entitlements with certain conditions of approval which conditions must be satisfied prior to the recordation of a final map for the Property ("Original Map Conditions of Approval"). On October 11,2001, the City Council of the City of Temecula approved the Phasing Map for Tentative Tract Map No. 29305 ("Phasing Map") with certain conditions of approval that must be satisfied prior to the recordation of a final map for the . 8085t4.1 February 9, 2005 2 . Property (the "Phasing Map Conditions of Approval"). H. As the Owner implements the Wolf Creek Specific Plan Project and constructs the on-site and off-site public improvements, the City and the Owner recognize the need to adjust the sequence of construction for some of the park improvements and to provide for the Owner's design and construction of additional park facilities for the City. 2. Modification of Section 4.2.S{iv) of Development Agreement Concerning Park Fee Component (Neighborhood and Linear Parks). Section 4.2.5(iv) of the Development Agreement is hereby amended to read as follows: . "(iv) Park Fee Component !Neighborhood and Linear Parks). Provided OWNER has improved, as required by the Development Plan, and has offered and the City has accepted a grant deed to the six (6) acre Neighborhood Park and the six and seven tenths (6.7) acre Linear Park, as described in the Development Plan, the CITY shall credit to OWNER the total sum of Seven Hundred Fifty Thousand Dollars ($750,000.00) against the total Park Fee Component of Three Million Six Hundred Fourteen Thousand One Hundred Twenty-seven Dollars ($3,614,127.00). The credit shall be allocated as follows: "Six Hundred Thousand Dollars for the Neighborhood Park; and "One Hundred Fifty Thousand Dollars for the Linear Park. "OWNER agrees that any design and construction costs in excess of the respective DIF credits for the improvement of the Neighborhood and Linear Parks will be the sole responsibility of the OWNER." 3. Amendment of Section 4.4.3Iiiil and (iv) Relating to the Time for Constructing Park Improvements. Subsections (iii) and (iv) of Section 4.4.3 of the Development Agreement are hereby amended to read as follows: . "(iii) Owner agrees to convey fee title to the CITY after the improvement, and the lapse of the ninety (90) day maintenance period, 6 acres in Planning Area 11 of the Specific Plan for the Neighborhood Park. The six-acre Neighborhood Park shall be improved to the reasonable satisfaction of the Director of Community Services, the ninety (90) day maintenance period shall have lapsed and the conveyance shall have occurred on or before the issuance of the 700th building permit within the Project. "(iv) Owner agrees to convey fee title to the CITY and 808514.1 February 9, 2005 3 improve, per the conditions in the Development Plan, 6.7 acres for . Linear Park and the Activity Nodes. The first phase north of Wolf Valley Road shall be completed and the ninety (90) day maintenance period shall have lapsed prior to the issuance of the 600th building permit within the Project. The second phase, comprised of the area south of Wolf Valley Road shall be improved and the ninety (90) day maintenance period shall have lapsed prior to the issuance of the 1400th building pennit in the Project." 4. Improvement of Civic Use Parcel and Kent Hintere:ard Park. Section 4.5.9 is hereby added to the Development Agreement to read as follows: "4.5.9. Improvement of Civic Use Parcel and Kent Hintere:ard Park. "(i) OWNER shall mass grade [need to define] and balance [need to define] the Civic Use Parcel dedicated to the City for civic uses pursuant to Sections 4.4.2 and 4.4.2.B of this Agreement. "(ii) OWNER shall design and construct a parking lot on the City-owned one and one-half (1.5) acre parcel adjacent to' Kent Hintergard Park. The parking lot shall support the existing park and the proposed Boys and Girls Club facility. Parking lot plans shall be submitted to the Director of Community Services on or before , 2005 and shall be approved by the Director of Community Services. The parking lot plans shall provide for the parking of vehicles on the parcel and shall include necessary hardscape, security lighting and perimeter landscaping. OWNER shall complete construction of the parking lot in accordance with approved plans on or before ,2005." . 5. All Conditions of Approval in the Development Plan are modified to comply with these modifications. 6. Except as specifically set forth herein, all other terms and conditions of the Development Agreement shall remain in full force and effect. 7. This First Amendment contains the entire understanding between the parties relating to the subject matter hereof, all prior or contemporaneous agreements, understandings, representations and statements, oral or written, concerning the subject matter hereof, except for the First Operating Memorandum, the First Deferral Agreement, and the Second Deferral Agreement are merged into this Agreement and shall be of no further force or effect. . 8085t4.t February 9, 2005 4 . . . IN WITNESS WHEREOF, the parties hereto have executed this Covenant as of the day and year first above written. CITY OF TEMECULA, a municipal corporation Jeff Comerchero Mayor Attest: Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney 808514.1 February 9, 2005 6 STANDARD PACIFIC, INC., a California corporation. . Name: Title: Name: Title: [Two signatures of corporate officers required for execution by corporation.] MERCHANT BUILDERS . " . 808514.1 February 9, 2005 7 . . . EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 8085t4.! February 9, 2005 8 . . . ATTACHMENT NO.2 DRAFT CITY COUNCIL ORDINANCE 05-_ G:\Planning\2005\PA05-0027 Wolf Creek TCSD, DA Amendment\Planning\PC Staff Report.doc 4 . . . ORDINANCE NO. 05-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS 4.2.5.(IV), 4.4.3.(111), AND 4.4.3.(1V) AND ADDING SECTION 4.5.4 TO THE WOLF CREEK DEVELOPMENT AGREEMENT PERTAINING TO FINANCING RESPONSIBILITIES AND IMPROVEMENT TIMEFRAMES FOR THE LINEAR PARK, NEIGHBORHOOD PARK, KENT HINTERGARDT PARK, AND CIVIC USE PARCEL OF TRACT 29305," LOCATED IN THE WOLF CREEK SPECIFIC PLAN AREA, SOUTH OF LOM~ LINDA, WEST OF PECHANGA PARKWAY, AND NORTH OF DEER HOLLOW WAY (PLANNING APPLICATION PA05-0027)" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. declare that: A. Wolf Creek Development LLC, filed Planning Application No. PA05-0027, Development Agreement Amendment for the property consisting of approximately 557 acres generally located south of Loma Linda Road, west of Pechanga Parkway, north of Deer Hollow Way and west of the Redhawk Community, generally known as the Wolf Creek Specific Plan No. 12 ("Project"); The City Council of the City of Temecula does hereby find, determine and B. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. C. The Planning Commission of the City of Temecula held a duly noticed public hearing on March 2, 2005 to consider the applications for the Project and environmental review, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005-_ recommending the City Council approve of a Development Agreement Amendment; E. On March 8, 2005 and 2005, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. F. On , 2005, the City Council of the City of Temecula approved a Development Agreement Amendment for the Project when it approved Ordinance No. 05- Section 2. The City Council of the City of Temecula hereby amends portions of Wolf Creek Development Agreement as described in Exhibit "A" attached hereto. Section 3. Severabilitv. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity G:\Planning\2005\PA05-0027 Wolf Creek TCSD, DA Amendment\PJanning\Draft PC Reso and CC Ord.doc 5 of the remaining prOVIsions of this ordinance. The City Council hereby declares that the . provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 5. Effective Date. This Ordinance shall be in full 10rce and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Section 6. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council members voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of March, 2005. Jeff Comerchero, Mayor ATTEST: . Susan W. Jones, CMC City Clerk [SEAL] . G:\Planning\2005\PA05-0027 Wolf Creek TCSD, DA Amendment\Planning\Draft PC Reso and CC Ord.doc 6 . . . STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 05-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 8th day of March, 2005 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the _ day of , 2005, by the following vote: AYES: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NOES: ABSENT: ABSTAIN: Susan W. Jones, CMC City Clerk G:\Planning\2005\PA05-0027 Wolf Creek TCSD, DA Amendment\Planning\Draft PC Reso and CC Ord.doc 7 . . . EXHIBIT A DRAFT WOLF CREEK DEVELOPMENT AGREEMENT AMENDMENT (NOT INCLUDED IN PC PACKET - SEE EXHIBIT A OF PC RESOLUTION) G:\P]anning\2005\PA05~0027 Wolf Creek TCSD, DA Amendmeot\Planning\Draft PC Reso and CC Ord.doc 8 . . . ATIACHMENT NO.3 WOLF CREEK SPECIFIC PLAN AREA MAP G:\Planning\2005\PA05-0027 Wolf Creek TCSD, DA Amendment\Planning\PC Staff Report.doc 5 ,,11 ~i:~ ~.5 ~ 'S.s5 ~~U " '" '" '" LL :~ . . . ATTACHMENT NO.4 APPLICANT'S REQUEST LETTER G:\Planning\2005\PAOS-0027 Wolf Creek TCSD, DA Amcndment\Planning\PC Staff Report.doc 6 . . . ~ STANDARD PACIFIC HOMES February 2, 2005 Cheryl Kitzerow City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589 RE: Wolf CreekSpecific Plan Development Agreement Modification Dear Cheryl: As a follow up to my discussions with Cathy McCarthy, Wolf Creek Development LLC is pleased to submit this Development Agreement Modification for the Wolf Creek Specific Plan. The Wolf Creek Development Agreement was approved by the City on February 13, 2001. As a part of this agreement the City and the Property Owner agreed that the Owner would not required to expend monies in excess ofthe respective DIFF credits for the improvement of the neighborhood and linear parks. As you know, I have been working with Cathy McCarthy on an agreement to defer certain landscape building permit thresholds for the Wolf Creek project. In consideration of the deferral of these certain improvements, Wolf Creek has agreed to modify the language of the Development Agreement with respect to the park improvements. Please amend the following sections: Sec. 4.2.5 (iv) will now read; The owner agrees that any design and construction costs in excess of the respective DIFF credits for the improvement ofthe neighborhood and linear parks will be the sole responsibility of the Owner. Sec. 4.4.3 (iii) will now read; Owner agrees to convey fee title to the City after the improvement, and the lapse of the ninety (90) day maintenance period, 6 acres in Planning Area 11 of the Specific Plan for the Park. The six acre Neighborhood Park shall be improved to the reasonable satisfaction of the Director of Community Services, the ninety (90) day maintenance period shall have lapsed and the conveyance shall have occurred on or before the issuance ofthe 700th Building permit within the project. Sec 4.4.3 (iv) will now read; Owner agrees to convey fee title to the City and improve, per the conditions in the Development Plan, 6.7 acres for the Linear Park and the Activity Nodes. The first phase north of Wolf Valley Road shall be completed and the ninety (90) day maintenance period shall have lapsed prior to the issuance of the 600th building permit within the project. The second phase, comprised of the area south of Wolf Inland Empire Division 255 East Rincon Street, Suite 200. Corona, CA 92879-1330 TEL (95]) 372-8500' FAX (951) 372-8510 Valley Road shall be improved and the ninety (90) day maintenance period shall have lapsed prior to the issuance of the 1400tb building permit in the project. . Cheryl, thank you for processing our Development Agreement modification. Should you have any questions or comments, please feel free to contact me. Cordially, Wolf Creek Development LLC By, it's Managing Member Standard Pa . c Corp., a Delaware Corporation Michael J. White Vice President of ro ect Management Cc/ Cathy McCartny . . 255 East Rinco;{ Street, Suite 200 . Corona, CA 92879-1330 TEL (909) 372-8500. FAX (909) 372-8510 . ITEM #5 . . . . . Date of Meeting: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION March 2, 2005 Title: Assistant Planner Prepared by: Christine Damko File Number PA04-0160 Application Type: Development Plan Project Description: Recommendation: (Check One) CEQA: (Check One) A Development Plan to construct a 43,400 square foot concrete tilt-up building used for specialty automotive parts warehousing and manufacturing located on the southwest corner of Bostik Court and Winchester Road. ~ Approve with Conditions o Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial ~ Categorically Exempt (Class) 15332 o Negative Declaration o Mitigated Negative Declaration with Monitoring Plan OEIR RID 1'\2004104-0160 BBK mpc STAFFREPORTdoc PROJECT DATA SUMMARY . Applicant: Shane Shaw, Growth Management Co. Completion Date: March 9, 2004 Mandatory Action Deadline Date: March 2, 2005 General Plan Designation: Business Park (BP) Zoning Designation: Light Industrial (L1) Site/Surrounding Land Use: Site: North: South: East: West: Existing vacant lot Existing Industrial buildings Existing Industrial buildings Vacant land Existing Industrial buildings Lot Area: 113,889 square feet Building Summary: Proposed 13,716 square foot building . Building Height: 27 feet, 2 stories Total Floor Area/Ratio: 41 ,134/36% Landscape Area/Coverage: 32,195 square feet / 28% Parking Required/Provided: 67 required / 71 provided BACKGROUND SUMMARY ~ 1. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. A Development Plan application was submitted on March 9, 2004. A DRC meeting was held with the applicant on April 1, 2004 to discuss site, landscaping, architecture, and other departmental issues. After a few revisions, the applicant resubmitted plans on January 7, 2005 that satisfied the various department's policies and regulations. PROJECT DESCRIPTION The proposed building will be constructed of concrete tilt-up panels, which will be smooth concrete with a matte paint finish. The building provides both parapet height variations and building articulations as required by the City's Design Guidelines. In addition, recessed glass windows along the second floor and decorative wall accents along the main entry and the top . portion of the building add additional architectural design. Loading areas and a truck well have R.ID 1'\2004104-0160 BBK II\PC STAFF REPORT-doc 2 . PROJECT DATA SUMMARY . . Applicant: Shane Shaw, Growth Management Co. Completion Date: March 9, 2004 Mandatory Action Deadline Date: March 2, 2005 General Plan Designation: Business Park (BP) Zoning Designation: Light Industrial (L1) Site/Surrounding Land Use: Site: North: South: East: West: Existing vacant lot Existing Industrial buildings Existing Industrial buildings Vacant land Existing Industrial buildings Lot Area: 113,889 square feet Building Summary: Proposed 13,716 square foot building Building Height: 27 feet, 2 stories ~ Total Floor Area/Ratio: 41,134/36% Landscape Area/Coverage: 32,195 square feet I 28% Parking Required/Provided: 67 required / 71 provided BACKGROUND SUMMARY [8] 1. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. A Development Plan application was submitted on March 9, 2004. A DRC meeting was held with the applicant on April 1, 2004 to discuss site, landscaping, architecture, and other departmental issues. After a few revisions, the applicant resubmitted plans on January 7, 2005 that satisfied the various department's policies and regulations. PROJECT DESCRIPTION The proposed building will be constructed of concrete tilt-up panels, which will be smooth concrete with a matte paint finish. The building provides both parapet height variations and building articulations as required by the City's Design Guidelines. In addition, recessed glass windows along the second floor and decorative wall accents along the main entry and the top portion of the building add additional architectural design. The proposed building will utilize the R,ID P\2004104-0160 BBK !lIPe STAFF REPORT.doc 2 zero lot line side yard setback provision by building up to the west side property line, which is . allowed in Light Industrial zones. Loading areas and a truck well have been provided at the south elevation of the building. This area will be screened with landscaping as well as an eight foot high wall constructed with similar materials as the proposed building. Access to the proposed building will be provided from a 26-foot wide drive aisle located on the eastern portion of the site off Bostik Court. This driveway will provide adequate onsite circulation for large trucks and emergency vehicles. Parking will be provided along the southern and eastern property lines for the proposed building. Landscaping will be provided around the site measuring from 5 feet to 30 feet in width. An employee eating area is provided along the east elevation. ANALYSIS Site Plan The project conforms to the development regulations of the Light Industrial (L1) zoning district. The building setbacks meet the requirements of the Development Code and the 0.36 Floor Area Ratio is below the target ratio of 0.40 for this zoning district. The north elevation towards Winchester Road includes building setbacks varying from 12 to 34 feet for added articulation to the building. The proposed site plan provides adequate circulation for vehicles anticipated to utilize the site, as well as for emergency vehicles. One loading space and a truck well are provided along the south east portion of the building, thereby meeting the loading space requirements of Section 17.24.060 of the Development Code. Architecture The proposed building is consistent with the Development Code and Design Guidelines and is compatible with other adjacent buildings within the vicinity. In addition, the project has similar architecture to the original BBK building adjacent to the site. The proposed architecture includes a painted concrete tilt-up building and the use of reveals and glass accents. The recessed glass windows measure five feet wide by seven feet long and are placed along the second floor of the building. In addition to the recessed glass windows, there will be exterior wall accents placed around the main entry and spaced along the top portion of the building for an added architectural feature. The parapet height of the building varies, measuring 27 to 30 feet high to add additional interest. The main entry is located on the corner of Winchester and Bostik Court, which is accented by additional glass windows to give architectural detail to both street elevations. The buildings also include various breaks in the wall planes, which, in conjunction with landscaping, break up building mass from street view. Although the elevation of the building along the western boundary of the project site has little articulation, this is acceptable to staff because this side of the building is adjacent to an existing slope will not be visible to the public. Landscapinq The landscape plan conforms to the landscape requirements of the Development Code and Design Guidelines. Tree and shrub placement will serve to effectively screen onsite parking areas and effectively soften building elevations. The project proposes to landscape 32,195 square feet or 28 percent of the site, which exceeds the minimum landscaping requirements in the LI (Light Industrial) zone. The project provides landscaping around the perimeter of the site, with a landscaped setback along Bostik Court and Winchester Road ranging from five to thirty feet wide, as well as varied landscape setbacks around the building footprints. R:ID P\20041Q4-0160 BBK IIIPC STAFF REPORT.doc 3 . . . Access and Circulation The Public Works Department has analyzed the projected traffic impact of the project and has determined that the impacts are consistent with the traffic volumes projected for the site by the previously approved City General Plan EIR. The Fire Department also reviewed the plan and determined that there is proper access and circulation to provide emergency services to the site. ENVIRONMENTAL DETERMINATION ~ 1. In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review per Section 15332, In-Fill Development Projects. CONCLUSION/RECOMMENDATION Staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable ordinances, standards, guidelines, and policies. Therefore, staff recommends approval of the Development Plan with the attached conditions of approval. FINDINGS Development Plan(17 .05.01 OF) . 1. 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 Business Park (BP) development in the City of Temecula General Plan. The General Plan has listed the proposed uses, including the light manufacturing, warehouse, and office, as typical uses in the Business Park designation. The proposed project is consistent with the use regulations outlined and conditioned by the Building Department and Fire Prevention Bureau to comply with all applicable Building and Fire Codes. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The architecture proposed for the building meets the architectural requirements as stated in the Design Guidelines. The proposed building architecture and building materials have been found to be compatible with the adjacent buildings. The varying building shapes and offsets provided serve to break up the massing of the building. The proposed architecture complements and enhances the visual character along Bostik Court and. Winchester Road, and will be a welcome addition to the existing buildings. . 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. R,ID 1'12004\04.0160 BBK 11\PC STAFFREPORTdoc 4 ATTACHMENTS . 1 . Plan Reductions - Blue Page 6 2. PC Resolution No. 2005-_ - Blue Page 7 Exhibit A - Conditions of Approval . . R:ID P\2004\04-016o BBK II\PC STAFF REPORT-doc 5 . . . ATTACHMENT NO.1 PLAN REDUCTIONS R:ID 1'\2004\04-0160 BBK 11\PC STAFF REPORTdoc 6 . ! ! _ _~-=ry\~~~"""_~.o"?.~~!!.,_~~,-,-",...~~,.,..1Jt."",..,..........o"..,......,"",",,,", ,- ",-~~,.:"'::''',',;~',',:':',:~:''",::, ~.i1 ,,,'IN,,.......,...i)~:;:,S,~a~:;,'''~I;1 ViN<JO,I1v;:. '>fl"J]I'i.3J WOOJ J<USDB at(Jm~ ,....,---"--~""'""" ,...==n'.'!!!!..."!'cr--r-",nf'!""',' r~-'I- 'r" "'~...2'!;1 ~':~i r~oL'::ii(~,':n;~) 81 r i;;II~ll~' ii "..,::,:.. 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II; i I 1'1 r ., " " L il9~ :;~ jij 3!~ ~ ~ ih . tV = ~ (') '~ I~ ~~ ~i5: / BI_H_::::';:~::::"</ =====-- - z(t "'. .9~ '<-"!;>~'%>. ~'a~i <>'...J;--"" -,...)"" \'0<:),,1> . . _'~",. !Jo 1'" ,.:>' 't'bO ~,. /' ..... ..V / .!l'i I,;, ,,"" "II ~Iil' ~(i! 1i1!:;j~J.~:l i" \ ~.. .. - !I'll ~~'I": <, Ilh .. '1 Z -< -1 0. I- 0. W U Z o U .W a. -< U (j) o z -< -1 ....... W I- if) ! " U! m: 5u!'o ii~ ~- a~. !iI :: ~~~ ~,,-' !3~ "co "'" '"~ !~I ~~ ~:.:;" ~~ ~~~ ~ / / . . ~~ II II .1 '1'1 d~~ ~I ~I~ i '1'1" 'Ill;'; n~~~ . . . . ATTACHMENT NO.2 PC RESOLUTION NO. 2005-_ R:ID 1'12004104-0160 BBK I!\PC STAFF REPORTdoc 7 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0160, A DEVELOPMENT PLAN TO CONSTRUCT A 43,400 SQUARE FOOT, TWO STORY INDUSTRIAL BUILDING ON 2.62 ACRES LOCATED ON THE SOUTHWEST CORNER OF BOSTIK COURT AND WINCHESTER ROAD, KNOWN AS ASSESSOR PARCEL NO. 909-360-012, 013. WHEREAS, Shane Shaw, Growth Management Co. filed Planning Application No. PA04-0160 (Development Plan Application), in a manner in accordance with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on March 2, 2005, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. FindinQs. The Planning Commission, in approving the Application, hereby makes the following findings as required by Section 17.05.010F 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 Business Park (BP) development in the City of Temecula General Plan. The General Plan has listed the proposed uses, including the light manufacturing, warehouse, and office, as typical uses in the Business Park designation. The proposed project is consistent with the use regulations outlined and conditioned by the Building Department and Fire Prevention Bureau to comply with all applicable Building and Fire Codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. R,ID 1'\2004104-0160 BBK 1l\PC RESOLUTION AND COA.doc The architecture proposed for the building meets the architectural requirements as . stated in the Design Guidelines. The proposed building architecture and building materials have been found to be compatible with the adjacent buildings. The varying building shapes and offsets provided serve to break up the massing of the building. The proposed architecture complements and enhances the visual character along Bostik Court and Winchester Road, and will be a welcome addition to the existing buildings. 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. The project will have no significant environmental impacts and has been found to be categorically exempt pursuant to Section 15332 (In-Fill Development Project) of the California Environmental Quality Act Guidelines. Section 4. Conditions. The City of Temecula Planning Commission hereby conditionally approves the Application, a request to construct, operate and establish a two story, 43,400 square foot square foot industrial warehouse building with conditions of approval as set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2nd day of March 2005. . David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] . ReID 1'\2004104-0160 BBK Il1PC RESOLUTION AND COA,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. 2005-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of March 2005, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: NOES: ABSENT: ABSTAIN: Debbie Ubnoske, Secretary R:\D 1'\2004104-0160 BBK 11\PC RESOLUTION AND COA.doc 3 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL R,ID P\2004104-0160 BBK II\PC RESOLUTION AND COA,doc 4 . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0160 Project Description: A Development Plan to construct a 43,400 square foot concrete tilt up building used for specialty automotive parts warehousing and manufacturing located on the southwest corner of Bostik Court and Winchester Road. DIF Category: MSHCP Category: TUMF: Business Park/Industrial N/A N/A Assessor's Parcel No.: 909-360-012, 013 Approval Date: March 2, 2005 Expiration Date: . PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project March 2, 2007 1. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption 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 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 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directiy 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 . RID 1'12004\04.0160 BBK 1J\PC RESOLUTION AND COA,doc 5 City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. . 3. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 4. 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. 5. The Director of Planning may, upon an application being filed within thirty days prior to expiration, and for good cause, grant a time extension of up to three one-year extensions oftime, one year at a time. 6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 7. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 8. All mechanical and roof equipment shall be fully screened from public view by being placed below the surrounding parapet wall. 9. Trash enclosures shall be provided to house all trash receptacles utilized on the site. . 10. The construction landscape drawings shall indicate coordination and grouping of all utilities, which are to be screened from view per applicable City Codes and guidelines. 11. If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the . significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until 'a mitigation plan or other corrective measures have been approved by the Director of Planning. . R:ID P\2004104.0160 88K IIIPC RESOLUTION AND COA.doc 6 . . . 12. 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. 13. A separate building permit shall be required for all signage. 14. Lighting shall be consistent with Ordinance No. 655 for the regulation of light pollution. 15. The conditions of approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the condition of approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Material Finish and Color Main Body Color Accent Color Accent Color Glass Vista Paint #49 Vista White- Matte Vista Paint #8458 Bristol Beige - Matte Vista Paint #97 Mesquite - Matte High performance mirror finish Ext. Wall Accent Spicy Gumbo # 3105 - Dal Tile 16. All conditions shall be complied with prior to any occupancy or use allowed by this Development Plan. Prior to Issuance of Grading Permits 17. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. 18. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. Per the Development Code, in order to provide security, lighting should be provided at a minimum illumination of one foot candle across parking areas and two foot candles at entrances. Lighting fixtures should be shielded to confine the spread of light to' adjoining properties. The design of the lighting fixtures should be compatible with the architecture of the building. 19. A copy of the Grading Plan shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit 20. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. RID 1'12004\04-0160 BBK 11\PC RESOLUTION AND COA.doc 7 21. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size oj the plants shall 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. Provide a minimum five foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. c. Provide an agronomic soils report with the construction landscape plans. d. One (1) copy of the approved grading plan. e. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). f. Total cost estimate of plantings and irrigation (in accordance with approved plan). g. Provide two copies of an agronomic soils report. h. 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. 22. All utilities and light poles shall be shown and labeled on the landscape plans and appropriate screening shall be provided. A three-foot (3.0') clear zone shall be provided around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. 23. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. 24. The Planning Director shall approve the Construction Landscaping and Irrigation Plans. 25. The construction plans shall indicate that all roof hatches shall be painted "International Orange". 26. 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-inches 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. 27. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. Prior to Building Occupancy 28. 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,ID P\2004\04-0160 BBK IIlPC RESOLUTION AND COA.doc 8 . . . Prior to building occupancy, all site improvements including but not limited to parking areas and striping shall be installed. 30. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. . 29. FIRE DEPARTMENT 31. 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. 32. 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 2250 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 1850 GPM for a total fire flow of 4100 GPM 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 III-A) 33. . The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-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 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) 34. 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) . 35. 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) 36. 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 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) 37. 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 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) ReID 1'12004\04-0160 BBK 1l\PC RESOLUTION AND COA,doc 9 38. 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) . 39. 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) 40. 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) 41. 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 lor numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) . 42. 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) 43. 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) 44. 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) 45. 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) 46. 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. 47. 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 . R,ID 1'\2004\04-0160 BBK 1l\PC RESOLUTION AND COAdoc 10 . . . 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 Articie 81) Special Conditions 48. 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. 49. 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. 50. 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) 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) 51. DEPARTMENT OF PUBLIC WORKS 52. 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 53. 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. 54. 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. 55. 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. R:\D 1'12004104-0160 BBK Il\PC RESOLUTION AND COA.doc 11 Prior to Issuance of a Grading Permit 56. 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. 57. 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. 58. 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. 59. 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. 60. NPDES - The project proponent shall implement construction-phase and post- construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction- phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants trom commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. 61. 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 62. 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. RID 1'\2004104-0160 BBK IlIPC RESOLUTION AND COA,doc 12 . . . . 63. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 64. 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. 65. 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 66. 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. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800. All street and driveway centerline intersections shall be at 90 degrees. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. a. b. c. . d. e. 67. 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: drive approaches, street lights and other traffic control devices as appropriate b. Storm drain facilities c. Sewer and domestic water systems d. Under grounding of proposed utility distribution lines 68. 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. 69. 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. . 70. The Developer shall record a written offer to participate in, and waive all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed Western RolD P\2004104-0160 BBK lllPC RESOLUTION AND COA.doc 13 Bypass Corridor in accordance with the General Plan. The form of the offer shall be . subject to the approval of the City Engineer and City Attorney. 71. 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 72. 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 73. 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. 74. 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 AND SAFETY DEPARTMENT 75. 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. 76. 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. 77. 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. 78. 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. 79. Obtain all building plans and permit approvals prior to commencement of any construction work. 80. Obtain street addressing for all proposed buildings prior to submittal for plan review. R,ID P\2004\04-0160 BBK II\PC RESOLUTION AND COA,doc 14 . . . 81. 82. 83. 84. 85. 86. 87. 88. 89. . 90. 91. 92. 93. . 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 disabled access from the public way to the main entrance of the building. Provide van accessible parking located as close as possible to the main entry. 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 accessibility for persons with disabilities. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Trash enclosures, patio covers, light standards, 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 hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, 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 DEPARTMENT 94. The TCSD has reviewed the Development Plan for the aforementioned project and has the following Conditions of Approval. General Conditions 95. All landscaping including areas within the ROW, fencing, and on site lighting shall be maintained by the property owner or an established maintenance association. R,ID 1'12004104-0160 BBK IN'<: RESOLUTION AND COA.doc 15 96. The developer shall provide adequate space for a recycling bin within the trash enclosure areas. 97. 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. Prior to Issuance of Building Permits 98. TCSD shall require verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 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 Date Applicant's Printed Name R,ID F'l2004\04-0160 BBK IIIPC RESOLUTION AND COA.doc 16 . . . . ITEM #6 . . . . . STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: March 2, 2005 Prepared by: Stuart Fisk Title: Associate Planner File Number: PA04-0231 Application Type: Development Plan Project Description: A Development Plan to redevelop Butterfield Square, a retail center consisting of seven buildings totaling approximately 9,400 square feet, resulting in four two-story buildings totaling 22,048 square feet on 0.55 acres located at the southeast corner of Old Town Front Street and Third Street, known as Assessor Parcel Nos. 922-043-005, 922-043-006, and 922-043-007. Recommendation: (Check One) ~ Approve with Conditions o Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial CEQA: (Check One) ~ Categorically Exempt (Class) 15332 (In-Fill) (Section) o Notice of Determination o Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR PROJECT DATA SUMMARY Applicant: Allen Robinson for The Sienna Company Completion Date: March 31,2004 Mandatory Action Deadline Date: March 2, 2005 General Plan Designation: Community Commercial (CC) Zoning Designation: Old Town Specific Plan (SP-5; Tourist Retail Core) R:\D P\2004\04-0231 Butterfield Square\ST AFF REPORT.doc Site/Surrounding Land Use: . Site: Vacant North: South: East: West: Retail/Restaurant Retail Retail Retail Lot Area: 0.55 acres Building Area/Coverage: 52.7% Landscape Area/Coverage: 10.0% Parking Required/Provided: 0 spaces required!O spaces provided BACKGROUND SUMMARY ~ 1. Staff has worked with the applicant to ensure that all concerns have been addressed; however, the following issues have not been resolved to the satisfaction to staff: a. The applicant has proposed "Decorative Lighting at Eave" as shown on Sheet C106, Detail E of the plans. The proposed lighting is "rope lighting", which is not recommended by the Old Town Specific Plan and is not recommended by staff. . The Old Town Local Review Board supported the applicant's proposed use of rope lighting when the project was presented at the November 8, 2004 Old Town Local Review Board meeting. Staff believes that the proposed lighting at the eaves of the buildings is not appropriate for Old Town, but has responded to the Old Town Local Review Board's support of this type of lighting with a condition of approval (condition no. 22) that would require the submittal of an exterior lighting plan to establish limitations on the use of such lighting. b. Staff has requested that hanging plants be added along the north elevation of Building C to provide a small amount of plant material and color along this prominent elevation at the corner of Old Town Front Street and Third Street. Because the applicant has declined to add the requested hanging plants, staff is requesting that the project be conditioned (condition no. 26) that the construction landscape plans shall indicate the addition of no less than four hanging pianters at this elevation. c. Staff has requested that boxed and potted plants be added along the base of Buildings B, C and D to soften the elevations and to provide plant material and color at a few locations along the base of the buildings. Because the applicant has declined to add the requested boxed and potted plants at these locations, staff is requesting that the project be conditioned (condition no. 27) that the construction landscape plans shall indicate the addition of no less than 60 square feet of boxed and potted plant area to be distributed around the base of Buildings B, C and D. d. Staff has requested that benches be placed along the exterior of Buildings C and D to provide shaded seating areas facing the internal courtyard areas. Because . R:\D P\2004\04-0231 Butterfield Square\STAFF REPORT.doc 2 . . . e. the applicant has declined to add the requested benches at these locations, staff is requesting that the project be conditioned (condition no. 28) that the construction landscape plans shall indicate the addition of no less than four benches to be placed along the exterior of Buildings C, and D. Staff has requested that existing benches in the upper courtyard (see Sheet C106, Detail J) be replaced with benches that are consistent with Streetscape Guidelines of the Old Town Specific Plan. Because the applicant has declined to indicate the replacement of the existing benches, staff requests that the project be conditioned (condition no. 29) that the construction landscape plans shall indicate the replacement of the existing benches in the upper courtyard with benches to match those to be placed along the exterior of Buildings C and D. Staff has requested that the steel trash enclosure doors located at the south side of Building B be covered with wood or Certainteed Fiber Cement Board to match Building B. Because the applicant has declined to indicate that the trash enclosure doors will be covered with a material to match Building B, staff requests that the project be conditioned (condition no. 34) that the building construction plans shall indicate that the steel trash enclosure door will be covered with a material to match Building B. Staff believes that the plaza area of the project, being a unique feature in Old Town, is deserving of more detail and attention than it has been given. To add interest and provide the type of detailing that can differentiate one project from another and provide a sense of place, staff requested that the applicant include some type of water feature. Because the applicant has declined to include any such feature, staff requests that the project be conditioned (condition no. 38) that the construction landscape plans shall indicate the inclusion of a water feature to be located at either the west side of the lower courtyard, between the lower and upper courtyards, or at the upper courtyard. f. g. ~ 2. The attached "Project Review Worksheet" has been completed and staff has determined that the proposed project is consistent with the General Plan, City-wide Design Guidelines, the Old Town Specific Plan, and the Development Code. PROJECT DESCRIPTION The applicant is proposing to redevelop Butterfield Square, located at the southeast corner of Old Town Front Street and Third Street. Building "A" at the southeast corner of the project site is an existing building that would receive fayade improvements and remain per the proposed plan. All other buildings on site are proposed to be demolished or have already been demolished, including the buildings containing the barber shop, florist, Old Town Leather, and the now defunct Silver Spoon Restaurant. Proposed new buildings include Buildings "B", "C" and "D". ANALYSIS On November 8, 2004 the Old Town Local Review Board reviewed the proposed project and unanimously made findings of consistency and made a recommendation for approval of the project. R\D N004\04-0231 Butterfield Square\STAFF REPORTdoc 3 Site Plan . The project site is located at the southeast corner of Old Town Front Street and Third Street. Building B is a proposed new two-story building located along Old Town Front Street at the southwest corner of the project site. Building C is a proposed new two-story building located at the northwest corner of the project site. Building D is a proposed new two-story building located at the northeast corner of the project site. The Old Town Front Street elevation of Building B will include a covered boardwalk along the front property line. The Old Town Front Street elevation of Building C includes a covered entry, and the Third Street elevations of Buildings C and D include covered boardwalks. Trash service will be provided from a vehicular service drive aisle at the southwest corner of the project site. Old Town Tire and Service is located along the southern boundary of the project site and Kid's World day care center is located along the eastern boundary of the project site. The Existing Building A will maintain a zero setback from the rear and side property lines. The building setbacks meet the requirements of the Specific Plan and the proposed 52.7% lot coverage is well below the maximum permitted lot coverage of 100%. On-site parking is not required for the project and is not provided. A portion of an existing building (Building A) is located within public right-of-way for an alley. To establish consistency with the General Plan, a finding must be made by the Planning Commission to allow for the vacation of this right-of-way within and along the southern boundary of the project site. The project has been conditioned that the alley be vacated prior to issuance of a building permit (condition of approval no. 22). The project has been conditioned to record a parcel merger prior to issuance of a building permit in order to avoid placing buildings over lot lines. . Architecture The architectural style for the proposed building is the Old Town western style. The project conforms to all the architectural development regulations of the Old Town Specific Plan. The buildings include the qualities and design elements of Western Style buildings as recommended by the Old Town Specific Plan including, wood porches and balconies with 8" x 8" columns, balustrade and shed roofs, exterior stairways, adequate wall articulation, wood roof parapets with cornice, a variety of wood framed windows and doors with wood trim, Certainteed fiber cement cedar siding, corrugated metal roof elements, and wood columns, lintels, knee braces, balusters and guard rails. As designed, the proposed buildings will be architecturally integrated with both on-site and surrounding development and will compliment surrounding development. The use of authentic building materials and high quality replications of authentic materials meet the intent of the Specific Plan architectural guidelines and help to ensure the longevity of the building through reduced maintenance requirements. The project has been conditioned to submit and receive approval for a detailed sign program prior to issuance of a building permit. As designed and conditioned, the proposed buildings will be architecturally integrated with both on-site and surrounding development and will compliment surrounding development. Landscapina . Although the minimum landscaping requirement in the TRC (Tourist Retail Core) is zero percent, the Specific Plan does require that plant materials and placement carry out the Old Town R:\D P\2004\04-0231 Butterfield Square\STAFF REPORT.doc 4 . . . western theme, soften the development and unify the area as a pleasant environment. As conditioned, the landscape plan conforms to the landscape requirements of the Old Town Specific Plan. Proposed trees for the project include London Plane and Flowering Pear trees. Proposed shrubs include Texas Privet, Purple Fountain Grass, Wheeler's Dwarf Tobira, Prostrate Rosemary and Red Groundcover Rose. Plant materials and placement carry out the Old Town western theme, soften the development and unify the area as a pleasant environment. An existing tree within the lower courtyard and two existing Pear Trees and one existing Oak Tree along Old Town Front Street will be protected during construction and will remain in place. The project proposes to landscape 2,400 square feet or 10.0 percent of the site, which exceeds the minimum requirement of zero percent in the TRC (Tourist Retail Core) land use district of the Old Town Specific Plan. The Old Town Specific Plan recommends a minimum of one 15-gallon size tree for every 800 square feet of landscaping and one shrub or vine for every 50 square feet of landscaping provided. The project exceeds the recommended minimum quantities for both trees and shrubs. Although the Specific Plan does not require a certain percentage of landscaping in the TRC Land Use District, the intent is to allow for maximization of lot coverage, but not to eliminate landscaping altogether. The applicant should follow the Landscape Guidelines of the Specific Plan (Page IV-37), including the use of boxed and potted plants to enhance sidewalk shops and the use of color plantings at the base of buildings, in planter boxes, and at focal points. To meet this guideline, staff has requested that hanging plants be added along the north elevation of Building C to provide a small amount of plant material and color along this prominent elevation at the corner of Old Town Front Street and Third Street. Because the applicant has declined to add the requested hanging plants, staff is requesting that the project be conditioned (condition no. 26) that the construction landscape plans shall indicate the addition of no less than four hanging planters at this elevation. Access and Circulation The Public Works Department has analyzed the projected traffic impact of the project and has determined that the impacts are consistent with the traffic volumes projected for the site by the previously approved City General Plan EIR. The Fire Department also reviewed the plan and determined that there is proper access and circulation to provide emergency services to the. site. ENVIRONMENTAL DETERMINATION ~ 1. In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review. (Class 32, Section 15332, In-Fill Development Project) CONCLUSION/RECOMMENDATION Staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan, Old Town Specific Plan, Development Code, and all applicable ordinances, standards, guidelines, and policies. Therefore, staff recommends that the Planning Commission adopt a Resolution approving the Development Plan with the attached conditions of approval. The deficiencies noted on pages two and three of this report have been resolved through adding conditions of approval. R:\D P\2004\04~0231 Butterfield Square\STAFF REPORT.doc 5 FINDINGS . Development Plan (Code Section 17.05.010.F) 1. 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 General Plan land use policies for Community Commercial (CC) development in the City of Temecula General Plan, as well as the development standards for the Tourist Retail Core (TRC) land use district of the Old Town Specific Plan. A commercial building and uses are typical land uses found in the Community Commercial land use designation within the General Plan. The proposed right-of-way vacation for the alley along the southern project boundary is consistent with the General Plan in that an existing building obstructs the alley and the existing grid street pattern surrounding the site provides adequate circulation without the alley. The Land Use Element of the General Plan requires that proposed buildings be compatible with existing buildings. The proposed commercial use is compatible with the surrounding commercial buildings currently located adjacent to the proposed site. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The architecture proposed for the building meets the architectural requirements as stated in the Architectural Style Guidelines of the Old Town Specific Plan. The proposed building architecture and building materials have been found to be compatible with the . adjacent buildings. The varying building materials, shapes and offsets of the proposed building serve to break up the massing of the building. The proposed architecture complements and enhances the visual character along Old Town Front Street. 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. AlTACHMENTS 1. Project Review Sheet - Blue Page 7 2. Plan Reductions - Blue Page 8 3. Old Town Local Review Board Meeting Minutes for November 8 2004 - Blue Page 9 4. PC Resolution No. 2005-_- Blue Page 10 Exhibit A - Conditions of Approval . R:\D P\2004\04-Q231 Butterfield Square\STAFFREPORT.doc 6 . . . ATTACHMENT NO.1 PROJECT REVIEW WORKSHEET R:\D P\2004\04-0231 Butterfield Square\STAFF REPORTdoc 7 . . . PROJECT REVIEW WORKSHEET Development Plan Commercial fAL> Lf-od3 ( C6 Consistent? <5' IJ --- 5- Consistent? Planning Application Number: r,/J fD 1. General Plan Designation: 2. Zoning Designation: 3. Environmental Documents Referred to in Making Determination: [21' ~ ~ JZf ~ o o J2l General Plan EIR Sensitive Biological Habitat Map Sensitive Archeological Area Map Sensitive Paleontological Area Map Fault Hazard Zone Map Subsidence/Liquefaction Hazard Map 100 Year Flood Map Future Roadway Noise Contour Map Other (Specify) Previous EIR/N.D. (Specify Project Name & Approval Date): C> A--5~ / ) r f.tdNf~G~J 9' o~; k:/D V/-c:..e- ft./J"':'--{- { ~ ~ Exempt tDf t 'ZfloJ- o Mitigated Negative Declaration o Negative Declaration o EIR o Other: 4. Environmental Determination: ~ 10 Day Review o 20 Day Review o 30 Day Review 5. General Plan Goals Consistency: Consistent I Inconsistent o o o Land Use Circulation Housing R:\FORMSISTAFF REPORTSIPROIECT REVIEW WORKSHEETcommerciaI.dot I Consistent ~ m ~ I PROJECT REVIEW WORKSHEET Development Plan Commercial Inconsistent o o o o o o o . OS/Conservation Growth Management!Public Facilities Public Safety Noise Air Quality Community Design Economic Development 6. City-wide Design Guideline Consistency: g M-- ~ Site Plannina: A. How does the placement of building(s) consider the surrounding area ,J character? Bv\.l.1~ p(~ ~\~ +oJ7Af151-r,,/ I.#(-e~ ~ ~ Wld,'j ~+CLJY/'-llA-1 ?(C{ t( ~ ~~t~ -l-8 'F'~s-hl. ~~ ~ vJ b'v..-jI B. How do the structures interface with adjoh'iing properties to avoid creating "1' 0{ sf: nuisances and hazards? l?,-,~ tcR,"'3 s \'~. ""5\ ""'"' ~ ~ -0'{..1 S +r~ _ All o.::,.\\-r~D""'c~t-/~~~~ S~ p~ 1\I\.C p~ ~" py<:l ~ 5o-c; 'fJrVir~ C. How does the building placement allow buildings rather than parking lots ~.- to define the street edge? " ~ '~5' ~ .e2l~'~~J ~Q J2(JS-f;~ ~f-- ~ (eJ-C.-j t+-- <A/ bvr[.,,(l . Parkinq and Circulation: 4 c.Uf "() A. How does the parking lot design allow customers and deliveries to reach the site, circulate through the parking lot, and exit the site easily? --- r B. How does the parking lot design provide safe an pede~Wans and bicyclists? eLa~. ;VD . , convenient access to provf~ M~ C. How are the service facilities within the parking lot screened or buffered from public view? A JL.fItv". () _I" II f\.tA ----- ,A)c"'l r~(t)v)~.ib BuildinQ Architecture: A. How does the building design provide articulation of ti1uilding ma~ \hJ~~~,^ ~) ~'~ ~-M-(7. ~ ~ CN1-e--..~ /frkf &.P.CdYL/'Gd. R:\FORMS\ST AFF REPORTS\PROJECf REVIEW WORKSHEET.commercial.dot 2 . . . o PROJECT REVIEW WORKSHEET Development Plan Commercial B. How is each building "stylistically" consistent with all buildings in a complex, and on all elevations to achieve des, i!}p)h~~ony and continuity /J ;J,. ' within itself? AflL ~~?,~ ~~~ f,.),J~ rv-J^,/~e, ~,.- C. How does the placement of buildings create a more functional or useful IJ open space between the buildings and/or the street? (/ ~ ~ ~ ' ~.~~.ar~-".(I~~ D. How do e ch of the architectural elements (building base, windows, / it ()~'- doors and openings, cornice and parapet, roofline, and finish materials Lv~ ~ meet the intent of the desi n guidelines? CJvw1. ~Vf. ee:h 0 uJ Si b-<:::A- ) 'L~I'J 1.J.le..-:,~ ~ re~~ , . Landscapniq: ~trl ?ff/~),.-f~( l/Ul:fod.~s/aJ" ~) ~t ~'irV'-- /V~!o--h, " A. Does the plan provide the following ratio of plantings? DYes ')d. No, why? f/FJ r~AJ,{ ,..e.d 'd rJld ({)-wV") SA Trees Groundcover Shrubs 10% 36" Box 100% Coverage 100% 5 Gallon 30% 24" Box In One Year 60% 15 Gallon B. Does the landscaped area, ratio, spacing, and size conform with the design guidelines? .& Yes 0 No 4 -ti,/ '-fi.-o- (;) ~ LOwV') ~. C. How does the internal site landscaping frame the building(s) and --1 ~ rJ.- separate them from the surrounding pavements? ~{reel '5~ hWi Dt7n/~ ~~" ~~<t~ ~'.~ ~ ~ ~ ,'a '/c.-.L~~~ D. How does the patio antJ streef furniture, . ures, walls and fences integrate with of the architecture and landscaping? , ~ ~ -. ~ U~ ~!5h -V;1:5'f7. 7. Development Code Consistency: Ii p.~. ~~-<t- /J~ J. --hi ' ~ ~ :;;r~J~~f ~k1'M' A. How does the plan achieve the performance standards specifie~ in Code ~ l~ Section 17.08.070? R:\FORMS\STAFF REPORTS\PROJECf REVIEW WORKSHEET.commercial.dot 3 : PROJECT REVIEW WORKSHEET Development Plan Commercial Circulation: . j}-U- oW 'zO--Wn 5i1- ~ Site Planninq and Desiqn: fJ"k 6-t...J ~ ~~ <.V( with all of the 1U~~'J U~, w EH ~ u.be..,. i~ ~,~wl Is B. Does the application and submitted plans on file confo applicable minimum development standards? ~ Yes, with conditions o No Net Lot Area: Total Floor Area: Floor Area Ratio: Lot Coverage: 0.5:5 CL6 . J(." 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B . u:lc N~ ~ -'8 ~ -- ~~ <'(Q.> ..; Q .- bD ~~ .5 '-'-< '" ;g ~~ ~ ~. '" Clil ~ " ~ E o '(/'J " v ... ~ If = ,g 8 Q~ ~ - .- c ::E ....:l & ~$ f-I1'l ~ ~ ~ ~ ~ ~ ~ ~f ! i ;. Sf, , ~ , <~~-. j , 2'h ~ l l" I ! !!l,ll ,; . "'II! . , ! ~il' , , ~ Hi i ~. I . b f ~ I ; ! i ! I ! i, I!II ii!l II Ililllibl ~. i 1 i i I i ! . . . . . . ATTACHMENT NO.3 OLD TOWN LOCAL REVIEW BOARD MEETING MINUTES FOR NOVEMBER 8, 2004 R:\D P\2004\04-0231 Butterfield Square\ST AFF REPORT.doc 9 . . . MINUTES OF A REGULAR MEETING OF THE OLD TOWN TEMECULA LOCAL REVIEW BOARD NOVEMBER 8, 2004 CALL TO ORDER The Old Town Temecula Local Review Board convened in a regular meeting at 9:00 a.m., on Monday, November 8, 2004, in the Main Conference Room, of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ROLL CALL Present: Board Members Allen, Blair, Moore, *Haserot and Chairman Harker Absent: None Also Present: Management Analyst Hillberg Code Enforcement Officer Cole Planning Director Ubnoske Minute Clerk Childs Development Processing Coordinator Noland Associate Planner Fisk PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Aoenda RECOMMENDATION: 1.1 Approve agenda of November 08, 2004 MOTION: Board Member Moore moved to appove Item No. 1.1. Board Member Allen seconded the motion and voice vote reflected approval with the exception of Board Member Haserot who was absent. 2 Minutes RECOMMENDATION: 2.1 Approve the Minutes of September 13, 2004 MOTION: Due to a lack of quorom, Item no. 2.1 will be rolled over to the next meeting. R:/OldT own/LRB/Minutes/110804 NEW ITEMS . Due to conflict of interest, Board Member Allen stepped down from this item. 3 Planninq Application No. PA04-0295 a sian proaram for a new 12.309 square foot buildin~ , on 0.10 acres located on the west side of Front Street. approximatelv 200 feet north of 6 Street. Applicant: Matthew Fagan 42011 Avenida Vista Ladera Temecula, CA, 92591 Staff: Stuart Fisk Associate Planner Associate Planner Fisk presented a staff report (of record), noting the following: . That the applicant is proposing a sign program to include wall signs, super graphics, building name signs, freestanding monument signs, mini-monument signs, window signs, under canopy signs, awning signs, projecting signs, rear-facing signs, and a variety of ancillary signs; and that the sign program defines criteria for sign materials, colors, and placement and size · That staff has determined that some of the elements of the proposed sign program are not consistent with the OTSP; that although the sign program includes many of the qualities and design elements for signs as recommended by the Specific Plan; that the . sign program poses sign type location and sizes that are inconsistent with the Specific Plan . That the sign program proposes rnini-monument signs in addition to monument signs; that the staff report indicated that mini-monument signs are not permitted sign type for the Specific Plan; however, the mini-monument signs were inadvertently omitted from the Specific Plan . That however, the project site does not contain the street frontage required (150 feet) to allow for any monument signs . That the applicant has filed for a parcel merger to merge into the Chaparral Buildings onto one lot; and however, the sign program does not include the existing Chaparral Building · Furthermore, mini-monument signs are intended for lots with buildings that have actual front yards with more than 10 feet that were constructed prior to 1994; and that staff is of the opinion that the site contains adequate space to properly replace monument signs at the front of either of these buildings . That the OTSP allows for a ratio of 1.0 square feet of wall mounted signage per linear foot of business frontage · That other signs such as projecting signs and under canopy signs have their own . specific size limitations listed in the Specific Plan R:/OldTown/LRB/Minutesl110804 2 . . . . That the proposed sign program proposes to allow for 1.5 square feet of signage per linear buildings frontage along front street and that staff is recommending that this be reduced to one (1) square feet per the Specific .' That the sign program proposes that wall signs shall be based on one (1) of building establishment to one (1) foot of sign area; that the sign program proposes wall signs may be increased in size based on the building owner's approval due to individual tenant needs, provided that the overall building signage is not exceeded; and that the Specific Plan does not allow for this; and that deviations from the sign program that are ultimately approved for the sign must be reviewed and approved under the sign program amendment process by the OTLRB and Planning Director . That the sign program proposes various signs along the north elevation of the building including hanging, projecting and canopy signs; that the OTSP does not allow for such signs to be placed on elevations that do not have frontage along the public right-of-way; and that staff only supports a building identification sign for this elevation but does not support allowing for tenant signs on the north elevation . That the OTSP does not allow for vinyl window signs; that the sign program proposes vinyl signs on windows and doors to identify suite numbers or to provide direction; and that staff is recommending that the sign program to be changed to provide for painted or gold leaf suite numbers or directional signs . That the sign program specifies that colors should be from the Sherwin Williams Preservation Palette; however, it also states that nationally recognized tenants that have specific, required corporate colors shall be permitted their nationally recognized color; and that staff is of the opinion that this would be appropriate only if the OTLRB recommends an exception to allow for deviations based on trademarked logos . That the sign program states that modifications to the sign program shall be approved administratively by the Planning Director and shall not require an additional application or approval by the Planning Director and shall not require an additional application or approval by the Planning Commission . That the text stating that an additional application is not required must be rernoved as a sign program amendment is required for modifications to a sign program . That staff recommends that the sign program be revised to address the above concerns and inconsistencies with the OTSP and provide comments and recommend revisions to the sign program necessary for it to meet the intent of the Specific Plan. For Chairman Harker, Mr. Fisk relayed that the revisions that staff is requesting to the sign program would bring it into agreement with the Specific Plan; that as proposed, the current sign program does not agree with the sign requirements as listed in the Specific Plan. Mr. Fisk summarized the areas of changes: . To eliminate the allowance for monuments or mini-monument signs (due to the lack or frontage required) R:/OldTownIlRB/Minules/110804 3 . That the OTSP allows for a ratio of 1.0 square foot of wall mounted sign per linear foot of business frontage; that the sign program is proposing 1.5 square feet; and that staff is . proposing that it be reduced to 1.0 square feet of wall mounted sign per linear building frontage along the Front Street to agree with the Specific Plan . . That the sign program is proposing that deviations from the amount of signage that each tenant can have could be approved by the property owner · That the signs of the north elevation of the building does not allow for such signs to be placed on elevations that do not have frontage along the public right of way; and that this would be eliminated except for the building identification sign . That the OTSP does not allow for vinyl window signs and that the sign program proposes vinyl signs on windows and doors to identify suite numbers or to provide direction . That if corporate logos are permitted that staff would request direction from the Board that would allow for the exception . That amendments to sign programs require a sign program amendment and must be back to the OTLRB for review; so that the text should be revised to require a sign prograrn amendment and OTLRB review for any amendments. Mr. Fisk further clarified that the sign program before the Board for review is not in conformance with the SP . At 9:35, the Public Hearing was opened. Mr. Mike Mc Millon, property manager, representing RCM, LLC, and Patty Anders, consultant representing the applicant, relayed that although the SP has provided a guideline, the proposed project is unique and would request some additional flexibility apart from the SP. Board Member Moore relayed that she is of the opinion that an interior directory would be sufficient signage. Board Member Blair relayed that is a particular tenant would neea special signage (such as Starbucks), it could be dealt with on a case by case basis as needed. Mr. Fisk noted that if it is the will of the Board, two parts could be added into the sign program such as 1: which would allow for corporate logos and 2: to allow for the OTLRB to review deviations and sizes. . Board Member Haserot arrived at 9:50 a.m. The Public Hearing was closed at 9:55 a.m. The Board Members made the following motions. 1. MOTION: Board Member Blair moved to denv the proposal for a mini-monument sign. Board Member Moore seconded the motion and voice vote reflected approval with the exception of Board Member Allen who abstained. 2. MOTION: Board Member Blair moved to denv the request to allow for 1.5 square feet . of signage per linear building frontage along Front Street. Board Member Moore R:/OldTown/LRB/MinutesJ110804 4 . . seconded the motion and voice vote reflected approval with the exception of Board Member Allen who abstained. 3. MOTION: Board Member Blair moved to approve staff's recommendation stating that deviations from the sign program must be reviewed and approved under the sign program amendment process by the OTLRB and Planning Director. Board Member Moore seconded the motion and voice vote reflected approval with the exception of Board Member Allen who abstained. 4. MOTION: Board Member Moore moved to approve staff's recommendation. Board Member Blair seconded the motion and voice vote reflected approval with the exception of Board Member Allen who abstained. 5. MOTION: Board Member Blair moved to deny the proposal for vinyl windows signs. Board Member Haserot seconded the motion and voice vote reflected approval with the exception of Board Member Allen who abstained. 6. MOTION: Board Member Moore moved to approve staff's recommendation for allowing corporate logos with their standard corporate colors and potential deviations; that text will be added allowing the OTLRB to review corporate logos, colors, and deviations. Board Member Haserot seconded the motion and voice vote reflected approval with the exception of Board Member Allen who abstained. 7. MOTION: Board Member Blair moved to approve staff's recommendation that text stating that an additional application is not required must be removed as a sign program amendment would be required for modifications to a sign program. Board Member Moore seconded the motion and voice vote reflected approval with the exception of Board Member Allen who abstained. 4 Plannina Application PA03-0418 A Development Plan to redevelop Butterfield Sauare, resultina in four two-stOry buildinas totalina 22,048 sauare feet on 0.56 acres. Located at 28690 Old Town Front Street. Applicant: Allen Robinson The Sienna Company 321 Alvardo St, Ste H Monterey, CA 93940 Staff: Stuart Fisk Associate Planner Associate Planner Fisk presented a staff report (of record), noting the following: . That the proposed building designs are consistent with the OTSP · That the buildings include the quality and design elements of western style buildings as recommended by OTSP including horizontal wood siding, wood porches with shed roofs, adequate wall articulation, roof parapets with cornice, balconies with balustrade, exterior stairways, and knee bracing at posts . That although staff supports the general design of the buildings, some details of the project have not been provided · That some of the detail deficiencies can be addressed through COA, but others should be addressed prior to presenting the project to the Planning Commission . . That staff's remaining concerns are as follows: R:/OldTown/LRB/Minutes/110804 5 o That details for the lower courtyard have not been provided; and that at minimum, the project will be conditioned stating that plastic furniture will not . permitted o That a trash enclosure detail showing wood fence on steel trash enclosure doors (to match building B) should be provided on the sheet C107; and that the applicant has indicated that they would be addressing the concern o That staff requested that the applicant provide landscaping, including potted plants and hanging plants, at building C; that more landscaping is needed on all sides of building C; that no landscaping is provided at the rear of building D; that the applicant did not follow landscape guidelines of the SP including the use of boxed and potted plants to enhance sidewalks shops o That PVC pipes of the rear of buildings A need to be located as close to the building as possible and need to be architecturally integrated with the building not exposed; and that the applicant is not proposing any revisions to the back of the buildings o That the proposed paint colors are from the Sherwin Williams Palette or equivalent, and must be revised to be consistent with the colors prescribed by theSP o That color elevations show a color (Cape Cod Grey) that does not appear to historically related to adobe and clashes with the block retaining walls adjacent to building C . o That materials such as metal roof elements, the exterior fiber board, shingles, and storefront glass need to be reviewed by staff to determine whether the proposed materials are consistent with one another and the SP o That the area at the rear of building D needs to be designed for pedestrian access with appropriate landscaping and building treatments (i.e. windows and doors etc.) or this area should be treated as a service area and gated with a wrought iron gate; and that the applicant has indicated that he would be willing to treat it as a service area o That the applicant has proposed decorative lighting at the eave; that the proposed lighting is "rope lighting or tube lighting"; that this type of lighting should not be permitted for this project and is not a western style building feature recommended by the OTSP; that staff is recommending that Detail E should be deleted from sheet C106; and that the applicant has agreed o That staff is of the opinion that the upper plaza area is underutilized and that additional benches and other features such as special paving and/or a water feature between the upper and lower courtyards could be added to the plans to create a' more interesting space with a stronger sense of identify; and that such locations are not common in Old Town and staff is of the opinion that the area is deserving of more detail o That in summary, the general building designs proposed in the application have . been determined by staff to meet the minimum standards of the SP with regard R:/OldTown/LRB/Minutes/110804 6 . . . to design and materials; however, to address site specific concerns regarding building C, staff recommends an overhang at the front of the building; that the proposed colors need to be revised to be consistent with the SP should be contingent on review of the actual colors presented at the meeting today o That a distinguishing detail such as a water feature, special paving, and additional benches are needed to complete the redevelopment plan for the site o That staff is requesting that staff and the OTLRB review and provide comments and recommend that the plans be revised and additional information be provided based on issues raised at presentation; and that staff is recommending that the revisions be completed prior to the project being presented to the Planning Commission. It was the consensus of the Board to address staff's concerns one item at a time. Board Member Allen noted his concern with staff's request for detailed drawings, stating that they would be premature at this time. For the Board, Mr. Fisk relayed that it would not be appropriate for him to take only working drawings to the Planning Commission; advising that the Planning Commission would require detailed drawings. For the Board, Mr. Meyer relayed that although there is language in the SP that states what the minimum requirements would be for seating areas; staff would need an understanding of what the fallback would be if it were not to become a restaurant. At this time, the Public Hearing was opened. Mr. Allen Robinson, architect of the proposed project relayed that he would make the following changes to the project: . That the proposed project will be a two-story mixed use project . That the existing building will be used for professional offices . That a great deal of office space will be created in the middle of the project for pedestrian activity . That building B (lower floor) will be dedicated as a restaurant and upper floors will be for professional use . That the courtyard will be a featured attraction . Mr. Robinson also provided samples of the pavers that will be installed in the courtyard · That due to liability purposes the applicant will not be installing a water feature . That the applicant is of the opinion that he has provided significant landscape features that will be reminiscent of Old Town, such as the windmill and the water tank which will be refurbished R:/OldTownILRB/Minutesl110804 7 . That there will be a handicap wheel chair lift that will serve to move people from the . upper courtyard to a lower courtyard · That the front materials of Building A will be replaced with new materials which will be resistant to termites. It was the consensus of the Board to address staff's concerns on item at a time. 1. That the project will be conditioned that plastic furniture will not be permitted. 2. That the applicant will ensure that a wood fence on the steel trash enclosure doors (to match Building B) will be provided. 3. That the applicant will be providing five (5) street trees with planting areas at the base of the trees and planting zones in front of the building C & D which would be allow handicap accessibility on 3rd street. 4. That PVC pipes on the rear of Building A will be located as close to the building as possible and will be architecturally integrated with the building not exposed. 5. That the applicant will be using Roy Croft Cooper Red. 6. A more consistent color will be chosen from the Sherwin Williams Preservation Palette. 7. That the applicant will be using a corrugated roof element and multi-light windows. 8. That the applicant relayed that he will address the rear of building D with a wrought iron . gate. 9. The applicant noted that he will use rope lighting along the eave; and that if the applicant were to install lighting during the holidays. 10. That the applicant will explore features that could be added to the plans to create a functional outdoor gathering. 11. That the applicant will also explore the possibility of adding more interest and provide the type of detailing that would differentiate one project from another. MOTION: Board Member Blair moved to approve the project based on the above 1-11 changes. Board Member Haserot seconded the motion and voice vote reflected unanimous approval 5 Plannina Application No PA04-0547 a proposal to install three new sians on an existina retail buildina The Trick Shop located at 28561 Old Town Front Street within the Tourist Retail Core (TRC) district of the Old Town Temecula Specific Plan Applicant: Tracy Blankenship The TriCk Shop 43122 Corte F resca Temecula, CA 92592 . R:/OldTown/LRB/MinutesJ110804 8 . . . Development Processing Coordinator Noland presented a staff report (of record), noting the following: . That the applicant is proposing three (3) new signs for her sign retail store . That a (2" x 6") 12 square foot wall sign constructed of sandblasted wood is to be located on the front elevation of the store facing Old Town Front Street . That the sign will utilize the following colors from the Sherwin Williams preservation palette: SW 2829 classical white, SW 2802 Rookwood Red and Black . That the frontage of the retail building is 30 linear feet allowing for up to 30 square feet of wall signage per the Old Town Specific Plan sign regulations. MOTION: Board Member Haserot moved staff's recommendation. Board Member Allen seconded the motion and voice vote reflected approval with the exception of Board member Moore who abstained. BOARD BUSINESS DIRECTOR OF PLANNING REPORT No report at this time. DIRECTOR OF REDEVELOPMENT REPORT No report at this time. CODE ENFORCEMENT REPORT A report was distributed to the Board Members. BOARD MEMBER REPORT No reports at this time, ADJOURNMENT At 12:55 a.m., Board Member Blair formally adjourned this meeting to December 13. 2004, at 9:00 a.m. in the Main Conference Room, City Hall, 43200 Business Park Drive, Temecula, California 92590. Chairman William Harker Director of Planning Ubnoske R:/OldTownILRB/Minutes/110804 9 . . . ATTACHMENT NO.4 PC RESOLUTION NO. 2005-_ R\D P\2004\04-0231 Butterfield Square\STAFF REPORT.doc 10 . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0231, A DEVELOPMENT PLAN TO REDEVELOP BUTTERFIELD SQUARE, A COMMERCIAL SHOPPING CENTER CONSISTING OF SEVEN BUILDINGS TOTALING APPROXIMATELY 9,400 SQUARE FEET, RESULTING IN FOUR TWO-STORY BUILDINGS TOTALING 22,048 SQUARE FEET ON 0.55 ACRES LOCATED AT THE SOUTHEAST CORNER OF OLD TOWN FRONT STREET AND THIRD STREET, KNOWN AS ASSESSOR PARCEL NOS. 922-043-005, 922-043-006, AND 922-043-007. WHEREAS, Allen Robinson, representing The Sienna Company, filed Planning Application No. PA04-0231 (Development Plan Application), in a manner in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA04-0231 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No. PA04-0231 on March 2, 2005, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify . either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning. Application No. PA04-0231 subject to conditions of approval and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION 01' THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinas The Planning Commission, in approving Planning Application No. PA04-0231, hereby makes the following findings as required by Section 17.05.01 O.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 General Plan land use policies for Community Commercial (CC) development in the City of Temecula General Plan, as well as the development standards for the Tourist Retail Core (TRC) land use district of the Old Town Specific Plan. A commercial building and uses are typical land uses found in the Community Commercial land use designation within the General Plan. The proposed right-of-way vacation for the alley along the southern project boundary is consistent with R:\D P\2004\04-0231 Butterfield Square\Draft Resolution & COA.doc the General Plan in that an existing building obstructs the alley and the existing grid . street pattern surrounding the site provides adequate circulation without the alley. The Land Use Element of the General Plan requires that proposed building be compatible with existing buildings. The proposed commercial use is compatible with the surrounding commercial buildings currently located adjacent to the proposed site. 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 building meets the architectural requirements as stated in the Site Development Standards of the Old Town Specific Plan. The proposed building architecture and building materials have been found to be compatible with the adjacent buildings. The varying building materials, shapes and offsets of the proposed building serve to break up the massing of the building. The proposed architecture complements and enhances the visual character along Old Town Front Street. 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. The project is categorically exempt from environmental review (Class 32 - In-Fill Development) pursuant to section 15332 of the California Environmental Quality Act. Section 15332 applies when there are no potentially significant environmental constraints on the site; the project is consistent with the General Plan . designation and zoning regulations; the project is located on a site within the City limits, which is served by all utilities; and the project site is less than 5 acres in area. Section 4. Conditions. The City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA04-0231, a request to redevelop Butterfield Square, a commercial shopping center located at the southeast corner of Old Town Front Street and Third Street, resulting in four two-story buildings totaling 22,048 square feet with conditions of approval as set forth on Exhibit A, attached hereto, and incorporated herein by this reterence. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2nd day of March 2005. . R\D P\2004\04--0231 Butterfield Square\Draft Resolution & COA.doc 2 . . . David Mathewson, Chairman ATTEST: 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. 2005-_ was duly and regularly adopted bl the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2" day of March 2005, by the following vote of the Commission: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\D P\2004\04-0231 Butterfield Square\Draft Resolution & COA.doc 3 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL R:\D P\2004\Q4-0231 Butterfield Square\Draft Resolution & COA.doc 4 . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0231 Project Description: A Development Plan to redevelop Butterfield Square, a commercial shopping center consisting of seven buildings totaling approximately 9,400 square feet, resulting in four two-story buildings totaling 22,048 square feet on 0.55 acres located at the southeast corner of Old Town Front Street and Third Street, known as Assessor Parcel Nos. 922-043-005, 922-043- 006, and 922-043-007. DIF Category: Retail Commercial/Service Commercial/Office TUMF Category: MSHCP Category: Retail/Service Commercial Assessor Parcel Nos.: 922-043-005, 922-043-006 & 922-043-007 Approval Date: March 2, 2005 Expiration Date: March 2, 2007 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption 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 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 2. 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. 3. 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 R:\D P\2004\04-0231 Butterfield Square\Draft Resolution & COAdoc 5 or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body . including actions approved by the voters of the City, concerning 'the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. 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. 5. The Director of Planning may, upon an application being filed within thirty days prior to expiration, and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time. 6. ,The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 7. A separate building permit shall be required for all signage. No sign permits, including center identification signs, shall be issued prior to approval of a comprehensive sign program. . 8. The development of the premises shall substantially conform to the approved Exhibits B (Site Plan), C (Enlarged Courtyard Plans), D (Outdoor Lighting and Miscellaneous Site Details), E (Miscellaneous Site Details), F (Landscape Plan), G (Building A Floor Plans), H (Building A Roof Plan), I (Building A Elevations), J (Building B Floor Plans, Elevations and Roof Plan), K (Building C Floor Plans, Elevations and Roof Plan), L (Building D Floor Plans, Elevations and Roof Plan), M (Color Elevation Sections and Material and Color Call-Outs), N (Miscellaneous Building Details), and 0 (Color and Materials Sample Board) contained on file with the Planning Department. 9. Trash enclosures shall be provided to house all trash receptacles utilized on the site. 10. Lighting shall be consistent with Ordinance No. 655 jor the regulation oj light pollution. 11. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility oj the developer or any successors in interest. 12. The construction landscape drawings shall indicate coordination and grouping of all utilities, which are to be screened from view per applicable City Codes and guidelines. . R:\D P\2004\04-0231 Butterfield Square\Draft Resolution & COA.doc 6 . . . 13. If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning. 14. The colors and materials for the project shall substantially conform to those noted directly below and with Exhibit "0" (Color and Materials Board), contained on file with the Planning Department. Buildinq Bodv Description/Color Building A (Wood): Weathered Shingle (Sherwin Williams SW2841) Building A (Stucco): Roycroft Vellum (Sherwin WilliamsSW2833) Building B: Ruskin Room Green(Sherwin Williams SW0042) Building C (Stucco): Twilight Gray 75% (Sherwin Williams SW0054) Building C (Wood): Roycroft Copper Red (Sherwin Williams SW2839) Building D: Hubbard Squash (Sherwin Williams SW0044) All buildings - Columns, Lintels, Knee Braces, Fascia, Building Trim, Wood Window & Door Trim, Balusters & Guardrails, and Concrete Base (pad): Twilight Gray (Sherwin Williams SW0054) Wood Windows & Doors: Twilight Gray 75% (Sherwin Williams SW0054) , Corrugated Metal Roof (Building A): Pre-Rusted Finish on new or recycled material Asphalt Composition Roof Shingles (Buildings B, C & D): Certainteed Birch White (30-Year) Vertical Siding Certainteed 12" Fiber Cement Board with Cedar Pattern and 1.25" x 2" wood battens Balcony & Porch Columns: 8" x8" Re-sawn Wood 15. All outdoor furniture (tables, chairs, benches, etc.) shall be of high quality, durable materials suitable for outdoor use and shall be subject to review and approval by the Director of Planning. Wood, metal and natural looking materials are encouraged. Plastic patio furniture is prohibited. The conditions of approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by the Director of Planning's prior approval of the use or utilization of an item, material, equipment, finish or technique that the Director of Planning determines 16. R:\D P\2004\04-0231 Butterfield Square\Draft Resolution & COA.doc 7 to be the substantial equivalent of that required by the condition of approval. The Director of Planning may elect to reject the request to substitute, in which case the real . party in interest may appeal the decision to the Planning Commission for its decision. 17. All conditions shall be complied with prior to any occupancy or use allowed by this Development Plan. Prior to Issuance of Grading Permits 18. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. 19. A copy of the Grading Plan shall be submitted and approved by the Planning Department and Public Works Department. 20. 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 21. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 22. The public right-of-way located along the southern project boundary for an alley shall be vacated prior to issuance of a building permit. 23. An exterior lighting plan that indicates specific limitations on the amount of "rope lighting" or "decorative lighting at eave" permitted on each building shall be submitted to and approved by the Director of Planning prior to issuance of a building permit. 24. The applicant shall submit a sign program application, sign program application fees and a comprehensive sign program for review and approval by the Director of Planning prior to issuance of a building permit. All signage shall comply with the approved sign program. . 25. The applicant shall record a Parcel Merger to avoid placing buildings over lot lines prior to issuance of a building permit. 26. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform substantially with the approved Exhibit "P', 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 plans shall be accompanied by the following items: b. 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 approved plan). . a. c. d. R\D P\2004\04-0231 Butterfield Square\Draft Resolution & COA.doc 8 . 27. 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. f. An agronomic soils report shall be submitted with the construction landscape plans. The Construction Landscape and Irrigation Plans shall indicate the addition of no less than four hanging planters at the north elevation of Building C with seasonal varietals to provide color. The placement and size of the hanging planters shall be subject to approval by the Director of Planning. , 28. The Construction Landscape and Irrigation Plans shall indicate the addition of no less than 60 square feet of boxed and potted plant area to be distributed around the base of Buildings B, C and D. The placement and plant types for these areas shall be subject to approval by the Director of Planning. 29. The Construction Landscape and Irrigation Plans shall indicate the addition of no less than four benches to be placed along the exterior of Buildings C and D, subject to approval by the Director of Planning. 30. The Construction Landscape and Irrigation Plans shall indicate the replacement of the existing benches in the upper courtyard with benches to match those to be placed along the exterior of Buildings C and D. 31. All utilities and light poles shall be shown and labeled on the landscape plans and appropriate screening shall be provided. A three-foot (3.0') clear zone shall be provided around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. . 32. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. 33. The Planning Director shall approve the Construction Landscaping and Irrigation Plans. 34. The building construction plans shall include details for all trash enclosures for the project, which shall consist of masonry walls, a concrete floor and a concrete stress pad to reduce pavement damage from disposal trucks. 35. The building construction plans shall indicate that the steel trash enclosure doors will be covered with wood or Certainteed Fiber Cement Board to match Building B. 36. The building construction plans shall indicate that the corrugated metal roof material for the project will have a pre-rusted finish, subject to approval by the Director of Planning. A reflective galvanized finish shall not be permitted. 37. The building construction plans shall indicate that the gate to the service area along the east side of Building D shall be designed similar to the fencing at the front of the site and shall significantly screen visibility of this area, subject to approval by the Director of Planning, . R\D P\2004\04-0231 Butterfield Square\Draft Resolution & COA.doc 9 38. The building construction plans shall indicate that the PVC pipes located on the east elevation of Building A shall be removed or shall be relocated as close to the building as possible and be architecturally integrated into the building, subject to approval by the Director of Planning. 39. The landscape construction plans shall indicate the inclusion of a water feature to be located at either the west side of the lower courtyard, between the lower and upper courtyards, or at the upper courtyard, subject to approval by the Director of Planning. 40. The construction plans shall indicate that all roof hatches shall be painted "International Orange". Prior to Release of Power 41. 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. 42. Prior to the release of power, occupancy, or any use allowed by this permit for Building B, C or D, whichever occurs first, a mural shall be painted on the south elevation of Building A as indicated by Exhibit I (Building A Elevations). The design of this mural shall be reviewed by the Old Town Local Review Board and approved by the Director of Planning prior to its installation. 43. Prior to the release of power, occupancy, or any use allowed by this permit, all mechanical and roof equipment shall be fully screened from public view by being placed below the roofline or behind architecturally integrated screen walls. If upon final inspection it is determined that any mechanical equipment or roof equipment is visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide architecturally integrated screening subject to review and approval by the Director of Planning. . 44. Prior to the release of power, occupancy, or any use allowed by this permit, existing 3- ply rolled roofing shall be fully screened from public view. If upon final inspection it is determined that any rolled roofing is visible from any portion of the public right-of-way adjacent to the project site or from areas on-site that are open to the public, the developer shall replace the rolled roofing with the asphalt composition shingles approved for the project. 45. Prior to release of power, all site improvements shall be installed. 46. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. DEPARTMENT OF PUBLIC WORKS 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. R:\D P\2004\04-023I Butterfield Square\Draft Resolution & COA.doc 10 . . . . General Requirements 47. 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. 48. 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. 49. 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. 50. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right- of-way does. not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. 51. All utilities, except electrical lines rated 34Kv or greater, shall be installed underground. Prior to Issuance of a Grading Permit 52. 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. . 53. 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. 54. A Soils 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. 55. 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. 56. 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, . R:\D P\2004\04-0231 Butterfield Square\Draft Resolution & COA.doc 11 57. NPDES - The project proponent shall implement construction-phase and post- construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction- phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. 58. 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 59. 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. 60. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 61. 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. 62. 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 63. 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. R\D P\2004\04-0231 Butterfield Square\Draft Resolution & COAdoc 12 . . . The Developer shall construct the following public improvements to City of TemecuJa General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Third Street (Local Road Standards - 60' R/W) to include dedication of street right-of-way of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. 66. 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. . c. d. e. f. g. h. i. j. 64. . 65. Street lights shall be installed along, the public streets adjoining the site in accordance with City Standard No. 800. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard No. 400. Improvement plans shall extend 300 feet beyond the project boundaries. Minimum centerline radii shall be in accordance with City of Temecula's Standard No. 113. All reverse curves shall include a 100 foot minimum tangent section. All street and driveway,centerline intersections shall be at 90 degrees. Public Street improvement plans shall include plan and profile showing existing topography, utilities, proposed centerline, top of curb and flowline grades. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. a. Street improvements, which may include, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate b. Storm drain facilities c. Sewer and domestic water systems d. Under grounding of proposed utility distribution lines 67. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. . 68. 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. R:\D P\2004\04~0231 Butterfield Square\Draft Resolution & COA.doc 13 69. 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. 70. 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 71. 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 72. 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. 73. 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 AND SAFETY . 74. 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. 75. 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. 76. 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. 77. 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. 78. Obtain all building plans and permit approvals prior to commencement of any construction work. 79. Obtain street addressing for all proposed buildings prior to submittal for plan review. . R:\D P\2004\04-0231 Butterfield Square\Draft Resolution & COAdoc 14 . 80. 81. 82. 83. 84. 85. 86. 87. 88. . 89. 90. 91. 92. . 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 disabled access from the public way to the main entrance of the building. Provide van accessible parking located as close as possible to the main entry. 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 accessibility for persons with disabilities. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Trash enclosures, patio covers, light standards, 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 hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, 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 93. 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. R:\D 1'\2004\04-0231 Butterfield Square\Draft Resolution & COA.doc 15 94. 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 Hydrants required are not onsite, and therefore the on site flow required (through the DDC) is only 850 GPM. 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 ail information as provided. (CFC 903.2, Appendix III-A) 95. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-1I1-B-1. A minimum of 1 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 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). 96. 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 NOT required. (CFC 903.2) 97. 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) 98. 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 shail be an all weather surface for 80,000 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) 99. 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 wail of the building(s). Fire Department access roads shall be an ail weather surface designed for 80,000 Ibs. GVW with a rninimum AC thickness of .25 feet. (CFC sec 902) 100. 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) R:\D P\2004\04-0231 Butterfield Square\Draft Resolution & COA.doc 16 . . . . . . 101. 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) 102. 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 lor numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 103. Prior to issuance of a Certificate of Occupancy or building final, a directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 104. 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) 105. 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) 106. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the fire sprinkler riser door. (CFC 902.4) 107. 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) 108. 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) R:\D P\2004\04-0231 Butterfield Square\Draft Resolution & COA.doc 17 109. 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. . Special Conditions 110. 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 General Conditions 111. 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. 112. The trash enclosure area shall be large enough to accommodate three (3) residential size trash containers. 113. The Applicant shall comply with the Public Art Ordinance. 114. All parkways, landscaping, fencing and on site lighting shall be maintained by the . property owner or maintenance association. Prior to issuance of Building Permit 115. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 116. If additional streetlights are to be installed as a result of this project, than prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application and pay the appropriate fees to the TCSD, submit the approved Edison streetlight plans for the dedication of arterial street lights into the appropriate TCSD maintenance program. OUTSIDE AGENCIES 117. The applicant shall comply with the attached letter dated April 5, 2004 from the Rancho California Water District. 118. The applicant shall comply with the attached letter dated March 19, 2004 from the Riverside County Department of Environmental Health. . R\D P\2004\04-0231 Butterfield Square\Draft Resolution & COA.doc 18 . . . 119. The applicant shall comply with the attached letter dated May 3, 2004 from the Riverside County Flood Control and Water Conservation District. 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 Date Applicant's Printed Name R:\D P\2004\04-0231 Butterfield Square\Draft Resolution & COA.doc 19 @ Itancho Water Board of Directors John E. Hoagland President Csaba F. Ko Sr. Vice President Stephen J. Corona Ralph H. Daily Ben R. Drake Lisa D. Herman John V. Rossi Officers: Brian J. Brady General Manager Phillip L. Forbes Director of Finance-Treasurer E.P. "Bob" Lemons Director of Engineering Kenneth C. Dealy Director of Operations & Mnintenance Perry R. Louck Controller Linda M. Fregoso District Se<:retary/Administrative Services Manager C. Michael Cowett Best Best & Krieger LLP General Counsel \ April 5, 2004 /.-- , , \ Stuart Fisk, Project Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY, LOTS NO. 27, NO. 28, NO. 29, NO. 30, NO. 31 AND NO. 32 OF BLOCK 18, TOWNSITE OF TEMECULA, BOOK 15, PAGE 726 APN 922-043-005, APN 922-043-006, AND APN 922-043-007 PLANNING APPLICATION NO. P A04-0231 Dear Ms. Anders: 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 thepotential to become a commercial condo site with individual building owners and a Homeowner's Association maintaining the common property and private water and fire protection facilities. RCWD requires that the City include 'a Reciprocal Easement And Maintenance Agreement for these on-site private water facilities, as a condition of the project. In addition to this agreement, RCWD will require individual water meters for each building if a condo conversion takes place. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT /~(S~ Steve Brannon, P.E. Development Engineering Manager 04\SB:mc019\FOI2-TI\FCF Rancho California Water District 42135 Winchester IWad . Post Office Box 9017 . Temecu\a, California 92589-9017 . (909) 296-6900 . FAX (909) 296-6860 ( , COLJNTY OF RIVERSIDE G COMMUNITY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH March !9, 20fJJj 1fD) [E @ [E 0 ill [E ~ W APR 0 8 2004 @I City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Stuart Fisk RE: Plot Plan No. PA03-0023! By Dear Mr. Fisk: 1. Department of Environmental Health has reviewed the Plot Plan No. PA04-0231 to redevelop Butterfield Square resulting in four two-story buildings totaling 22,048 sq. ft. on .56 acres and ,has no objections. Water and sewer services should be available in this area. 2. PRIOR TO THE ISSUANCE OF BillLDlNG PERMITS THE FOLLOWING SHOULD BE REQillRED: a) "Will-serve" letters from the appropriate water and sewering districts. b) If there are to be any food establishments, (including vending machines), three complete . sets of plans for each food establishment 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 2. For specific reference, contact Food Facility Plan Examiners at (909) 600-6330. c) If there are to be any hazardous materials, a clearance letter from the Department of Environmental Health Hazardous Materials Management Branch (955-5055) will be required indicating that the project has been cleared for: . Underground storage tanks, Ordinance # 617.4. . Hazardous Waste Generator Services, Ordinance # 615.3. . Hazardous Waste Disclosure (in accordance with Ordinance # 651.2). . Waste reduction management. Sincerely, tal Health Specialist . cc: Local EnforC2ment Agency. Po. Box 1280, Riverside, CA 92502~1280 . (909) 955-8982 . r"AX (909) 781-9653 . 4080 Lemon Street, 9th 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 S1lv.ef. ?nrl Flnnr Riv"'Tsirk rA 9?filll 1995 MARKET STREET RIVERSIDE, CA 92501 909.955.1200 909.788.9965 FAX WAR..1l.END. WILLIAMS ieneral Manager-Chief Engineer . . . ,-- ( 51180.1 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT \\~r'M~Y ~ ; ;;O~ ill PAoLj -()~5 \ 'p'o' The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. Distnct comments/recommendations for such cases are normally limited to items of specific mterest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical componenf or extension of a master plan system, and .District Area Drainage Plan fees (development mitigation fees). In addition, infonnation of a general nature is provided. The District has not reviewed the proposed project in detail and the following checked comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: ,.,..... This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional mterest proposed. This project involves District Master Plan facilities. The District will accept ownership of such facilities on written request of the City. Facilities must be constructed to District standards, and District plan check and insp~ction will be required for District acceptance. Plan check, inspection and administrallve fees will be required. This project proposes channels, stonn drains 36 inches or larger in diameter, or other facilities that could be considered regional in nature and/or a logical extension of the adopted ' Master Drainage Plan. The District woula consider accepting ownership ot such taCllltles on wntten request of the City. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. \(' This project is located within the limits of the District's ~~~A ~~EK/~~~(AA VAlLEY Area Drainage Plan for which drainage fees have been adoprea; app lcab e ees s ou be paid by cashier's check or money order only to tf\e Flood Control District prior to issuance of building or grading permits, whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance of the,actual permit. City ofTemecula, Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention: c.-n :>Cleo\- ri s'R Ladies and Gentl~men: Re: GENERAL INFORMATION This project may reguire a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board_ Clearance for grading, recordation, or other final approval should not be given until the City has determined that the project has been granted a pennit or is shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should ' require the applicant to provide all studies, calculations, plans and other mfonnation reCjuired to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped flood plain is impacted by this project the City should require the applicant to obtain a Section 1601/1603 Agreement from the California Department OJ Fish and Game and a Clean Water Act Section 404 Pennit from the U.S. Anny Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these reqUirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. c: Very truly yours, ~~ ARTURO DIAZ Senior Civil Engineer Date: $--/y ~. ,;2C7of!" f\M'S . ITEM #7 . . . . . STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: March 2, 2005 Prepared by: Stuart Fisk Title: Associate Planner File Number PA04-0592 Application Type: Major Modification Project Description: A Major Modification to a Conditional Use Permit!Development Plan (PA03-0535 - Penfold Plaza) to add 1,900 square feet of dining area and 1,148 square feet of patio area to the third story of the building, located at 42072 5th Street (A.P.N. 922-035-023). Recommendation: (Check One) ~ Approve with Conditions o Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial CEQA: ~ Categorically Exempt (Class) 1 o Notice of Determination (Section) 15301 o Mitigated Negative Declaration with Monitoring Plan DEIR PROJECT DATA SUMMARY Applicant: Lon Bike, Architectural Team 3 Completion Date: December 2, 2004 Mandatory Action Deadline Date: March 2, 2004 General Plan Designation: Community Commercial Zoning Designation: Specific Plan 5 (Old Town Temecula Specific Plan) R:\Major Modification\04-0592 Penfold Plaza\STAFF REPORT.doc Site/Surrounding Land Use: Site: Office/Retail/Restaurant (under construction) . North: South: East: West: Retail Retail Retail Creek/Single Family Residences Lot Area: 19,204 square feet Total Floor Area/Ratio: .97 (existing); 1.04 (proposed) Landscape Area/Coverage: NA Parking Required/Provided: NA BACKGROUND SUMMARY ~ 1. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ~ 2. Staff has determined that the proposed project is consistent with the General Plan, and the Old Town Temecula Specific Plan. BACKGROUND . On September 19, 2003, Lon Bike, representing Ladd Penfold, submitted Planning Application No. PA03-0535 for a Conditional Use Permit!Development Plan to construct a 3-story officelretail building on 0.32 acres located on the south side of Fifth Street, approximately 120 feet west of Old Town Front Street and located within the Tourist Retail Core (TRC) district of the Old Town Temecula Specific Plan. The Old Town Local Review Board reviewed the proposed building on April 12, 2004 and made a recommendation for approval of the project. On June 16, 2004 the Planning Commission approved PA03-0535. The building was initially proposed to be a total of 23,125 square feet, plus a 1,193 square foot second story balcony. During the application review process it was determined that the Riverside County Flood Control and Water Conservation District needed additional property for the creek widening project. To accommodate the Flood Control District's needs, the size of the building was ultimately reduced by 4,317 square feet to 18,808 square feet. The applicant has now determined that the building square footage for the future third story restaurant is not adequate to serve the restaurant's needs and is requesting approval to add 1,900 square feet of dining area and 1,148 square feet of patio dining area. ANALYSIS The proposed addition will utilize the same building materials and colors as those for the approved building and, since the building is currently under construction, can be completely integrated with the approved building. Building materials include wood siding, wood railings, . wood trim, wood windows, and recycled corrugated metal roofing. The design of the addition R:\Major Modification\04-0592 Penfold Plaza\STAFF REPORTdoc 2 . . . includes simulated upper level barn doors and the entry to the parking lot behind the addition simulates a covered bridge design. The addition is designed to be open below the addition to allow for unobstructed visibility to the balcony, walkway, windows and suites below. As designed, the proposed addition will not obstruct pedestrian or vehicular access and will not affect landscaped areas or other amenities. On January 10, 2005, the Old Town Local Review Board reviewed the application and recommended the proposed building addition for approval as proposed. The Public Works Department has analyzed the projected traffic impact of the project and has determined that the impacts are consistent with the traffic volumes projected for the site by the previously approved City General Plan EIR. The Fire Department also reviewed the plan and determined that there is proper access and circulation to provide emergency services to the site. ENVIRONMENTAL DETERMINATION ~ 1. In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review. (Class 1, Section 15301, Existing Facilities) CONCLUSION/RECOMMENDATION Staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan, Old Town Specific Plan, Development Code, and all, applicable ordinances, standards, guidelines, and policies. On January 10, 2005, the Old Town Local Review Board reviewed the application and made similar findings. Staff recommends that the Planning Commission adopt a Resolution approving the Major Modification with the attached conditions of approval. FINDINGS Per Section 17.05.030.E of the Development Code, approving modifications to an approved development plan shall require the same findings as were made on the original approval. Since findings for the approved project included both a Conditional Use Permit and a Development Plan, following are those findings as they relate to the proposed building addition: Conditional Use Permit 117.04.010E) 1. The proposed conditional use is consistent with the General Plan and the Old Town Temecula Specific Plan. The proposed building addition is consistent with the General Plan land use designation of Service Commercial and the goals and objectives of the Tourist Retail Core (TRC) of the Old Town Specific Plan. 2. The proposed conditional use is compatible with the nature, condition and development of adjacent uses and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. R:\Major Modification\04-0592 Penfold Plaza\ST AFF REPORT.doc 3 The proposed building addition is compatible with the adjacent land uses and will, in . conjunction with the approved building, serve to enhance the business vitality of Old Town and promote the functional viability of the alleyways and creek walkway as pedestrian linkages to other areas Old Town. 3. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Old Town Temecula Specific Plan and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The proposed building addition is consistent with the Old Town Temecula Specific Plan and provides for vehicular and pedestrian access to the site. 4. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. 5. The proposed building addition will, in conjunction with the approved building, help promote the economic development and visitor appeal of Old Town. All City departments have reviewed the application and concerns have been addressed and incorporated as conditions of approval. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Director of Planning. This application has been brought before the Planning Commission at a Public Hearing where members of the public have had an opportunity to be heard on this matter before the Planning Commission renders their decision. . Development Plan 117.05.010F) 1. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances oj the City. The proposed building addition is consistent with the land use designation and policies of the Service Commercial General Plan land use designation of the General Plan, as well as the development standards for the Tourist Retail Core (TRC) of the Old Town Temecula Specific Plan. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The proposed architecture is consistent with the Architectural requirements as stated in the Old Town Specific Plan. The proposed building addition is consistent with the "Western Style" architecture described in the Specific Plan, and will promote pedestrian circulation on the side streets off of Old Town Front Street. . R:\Major Modification\04-0592 Penfold Plaza\STAFF REPORT.doc 4 . . . ATTACHMENTS 1 . 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'-' z a --' => <D I f- => a VJ N ; > i z a f- << > w --' W to Z co --' => <D f- VJ W '" . . . ATTACHMENT NO.2 PC RESOLUTION 2005-_ R:\Major Modification\04-0592 Penfold Plaza\STAFF REPORTdoc 7 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0592, A MAJOR MODIFICATION TO A CONDITIONAL USE PERMIT/DEVELOPMENT PLAN (PA03- 0535 - PENFOLD PLAZA) TO ADD 1,900 SQUARE FEET OF DINING AREA AND 1,148 SQUARE FEET OF PATIO AREA TO THE THIRD STORY OF AN APPROVED BUILDING LOCATED AT 42072 5TH STREET, KNOWN AS ASSESSOR PARCEL NO. 922-035-023. WHEREAS, Lon Bike of Architectural Team 3 filed Planning Application No. PA04-0592 (Major Modification Application), in a manner in accordance with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on March 2, 2005, at a duly noticed p\lblic hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs Per Section 17.05.030.E of the Development Code, approving modifications to an approved development plan shall require the same findings as were made on the original approval. Since findings for the approved project included both a Conditional User Permit and a Development Plan, the Planning Commission, in approving the Application, hereby makes the following findings as required by Sections 17.04.010.E (Conditional Use Permit) and 17.05.01 O.F (Development Plan) of the Temecula Municipal Code: Conditional Use Permit (17.04.010.E) A. The proposed conditional use is consistent with the General Plan and the Old Town Temecula Specific Plan. The proposed building addition is consistent with the General Plan land use designation of Service Commercial and the goals and objectives of the Tourist Retail Core (TRC) of the Old Town Specific Plan. R:\Major Modification\04-0592 Penfold Plaza\DRAFf RESOLUTION AND CQA.doc 1 B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses and the proposed conditional use will not adversely affect the . adjacent uses, buildings or structures. The proposed building addition is compatible with the adjacent land uses and will, in conjunction with the approved building, serve to enhance the business vitality of Old Town and promote the functional viability of the alleyways and creek walkway as pedestrian linkages to other areas Old Town. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Old Town Temecula Specific Plan and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The proposed building addition is consistent with the Old Town Temecula Specific Plan and provides for vehicular and pedestrian access to the site. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed building addition will, in conjunction with the approved building, help promote the economic development and visitor appeal of Old Town. All City departments have reviewed the application and concerns have been addressed and incorporated as conditions of approval. E. That the decision to approve, conditionally approve, or deny the application for a . conditional use permit be based on substantial evidence in view of the record as a whole before the Director of Planning. This application has been brought before the Planning Commission at a Public Hearing where members of the public have had an opportunity to be heard on this matter before the Planning Commission renders their decision. Development Plan 117.05.010F) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the City. The proposed building addition is consistent with the land use designation and policies of the Service Commercial General Plan land use designation of the General Plan, as well as the development standards for the Tourist Retail Core (TRC) of the Old Town Temecula Specific Plan. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The proposed architecture is consistent with the Architectural requirements as stated in the Old Town Specific Plan. The proposed building addition is consistent with the "Western Style" architecture described in the Specific Plan, and will promote pedestrian circulation on the side streets off of Old Town Front Street. . R:\Major Modification\04-0592 Penfold Plaza\DRAFT RESOLUTION AND COA.doc 2 . . . Section 3. Environmental Compliance. The project will have no significant environmental impacts and has been found to be categorically exempt pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines. Section 4. Conditions. The City of Temecula Planning Commission hereby conditionally approves Planning Application PA04-0592 (Major Modification), a request for a Major Modification to a Development Plan (PA03-0535 - Penfold Plaza) with conditions of approval as set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED. APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2"d day of March 2005. David Mathewson, Chairman ATTEST: 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. 2005-_ was duly and regularly adopted bl the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2" day of March 2005, by the following vote of the Commission: AYES: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSTAIN: Debbie Ubnoske, Secretary R:\J\.1ajor Modification\04-0592 Penfold Plaza\DRAFf RESOLUTION AND COA.doc 3 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL R:\Major Modification\04-0592 Penfold Plaza\DRAFf RESOLUTION AND COA.doc 4 . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No. PA04-0592 Project Description: A Major Modification to a Conditional Use Permit/Development Plan (PA03-0535 - Penfold Plaza) to add 1,900 square feet of dining area and 1,148 square feet of patio area to the third story of the building, located at 42072 5th Street (A.P.N. 922-035- 023). DIF Category: Service Commercial TUMF Category: Service MSHCP Category: NA Assessor's Parcel No.: 922-035-023 Approval Date: March 2, 2005 . Expiration Date: March 2, 2007 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption 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 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 2. 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. , 3. The applicant shall comply with the previous Conditions of Approval for Planning Application PA03-0535, unless superceded by these Conditions of Approval. . 4. 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 R:\Major Modification\04-0592 Penfold Plaza\DRAFT RESOLUTION AND COA.doc 5 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. 5. The permittee shall obtain City approval for any modiiications or revisions to the approval of this development plan. 6. 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. 7. The Director of Planning may, upon an application being filed within thirty days prior to expiration, and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time. . The development of the premises shall substantially conform to the approved Exhibits B (Site Plan), C (Third Floor Plan), D (Roof Plan), E (North and East Elevations), and F (South and West Elevations) contained on file with the Planning Department. 9. All mechanical and roof equipment shall be fully screened from public view by being placed below parapet walls. 8. 10. Trash enclosures shall be provided to house all trash receptacles utilized on the site. y 11. External downspouts may be used at the applicant's option, subject to the approval of the Planning Director. 12. If at any time during excavation/construction of the. site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the determination is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning. . R:\Major Modification\04-0592 Penfold Plaza\DRAFT RESOLUTION AND CQAdoc 6 . . . 13. A separate building permit shall be required for all signage. 14. Lighting shall be consistent with Ordinance No. 655 for the regulation of light pollution. 15. All conditions shall be complied with prior to any occupancy or use allowed by this Development Plan. Prior to Issuance of Building Permit 16. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 17. The building construction plans shall indicate an open ceiling with exposed beams below the third story addition, subject to approval by the Director of Planning. 18. The building construction plans shall include details for all trash enclosures for the project, which shall consist of masonry walls and metal or wood doors, a concrete floor and a concrete stress pad to reduce pavement damage from disposal trucks. Prior to Release of Power 19. Prior to release of power, all site improvements including but not limited to parking areas and striping shall be installed. 20. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. DEPARTMENT OF PUBLIC WORKS 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. Prior to Issuance of a Building Permit 21. A revised Grading Plan for the expansion 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. 22. 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. 23. 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 R:\Major Modification\04~0592 Penfold Plaza\DRAFf RESOLUTION AND COA.doc 7 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. 25. The Developer shall pay to the City the Public Facilities Development Impact Fee for the expansion as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 24. . 26. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program for the expansion 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 27. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Department of Public Works 28. 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 29. 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. . 30. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications. (CFC art.87 et al) 31. 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. No change in fire flow requirements. (CFC 903.2, Appendix III-A) ;-, 32. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. No change in hydrant requirements. (CFC 903.2, 903.4.2, and Appendix III-B) Special Conditions 33. Additions affecting/adjoining/facing near other existing structures may need to be protected or built of rated construction in accordance with code, or as an alternate method to mitigate other code conflicts and or requirements. These specific requirements will be addressed during the plan review process and compliance will be considered part of these conditions. . R\Major Modification\04-0592 Penfold Plaza\DRAFf RESOLUTION AND COA.doc 8 . . . 34. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications. 35. The revision to an existing approved plan still requires final plan check and approval of this revision. All systems required in the main building must be extended into the additional or revised areas, and those systems must have their respective changes approved. COMMUNITY SERVICES General Conditions 36. 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. 37. The Applicant shall comply with the Public Art Ordinance. Prior to Issuance of Building Permits 38. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. BUILDING AND SAFETY 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. 40. 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 buiiding permit issuance. 39. 41. 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. 42. 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. 43. Obtain all building plans and permit approvals prior to commencement of any construction work. 44. Obtain street addressing for all proposed buildings prior to submittal for plan review. 45. 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:\Major Modification\04-0592 Penfold Plaza\DRAFI' RESOLUTION AND COA.doc 9 46. 47. Provide disabled access from the public way to the main entrance of the building. Provide van accessible parking located as close as possible to the main entry. . 48. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 49. Provide appropriate stamp of a registered professional with original sigriature on plans prior to permit issuance. 50. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 51. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 52. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 53. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 54. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 55. Show all building setbacks. 56. 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. 94-21, 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 . OUTSIDE AGENCIES 57. The applicant shall comply with the attached letter dated January 7, 2005 from the Southern California Gas Company. 58. The applicant shall comply with the attached letter dated December 16, 2004 from Rancho Water. 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 Department approval. Applicant's Signature Date . Applicant's Printed Name R:\Major Modification\04-0592 Penfold Plaza\DRAFf RESOLUTION AND COAdoc 10 . Southern ClIlifornill Gas Company' A ~ Sempra Energy.company -,..,...----... f " ~-,-,~-~-\~~ \,',.~,",:"\,',',\:','.',I,.,,,; {~\i ' , \\ I'" JAN 1 3 2QO~5 \\~\ t\\\.\, . r 10\, ~__~ ~--- January 7,2005 City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 SOuIhem CaIifomia Gas Company Subject: 010705 Various Projects 9400 0akJa/e Avenue Oumwonh. 01 91313 . PA04-0561, 40517 MargaritaRd, Temecula Mall LOOD Rd . Construction PA04.0584, Temecula Education Complex, On Diaz Btwn Cherrv & Campus - Construction - PA04-0584, Star World Center - Old Town Front Street - Construction PA04-0588, Roick Drive Business Condo - PA04.0592, Penfold Plaza - Construction PA04-0612, Palomar Plaza. Construction- 43980 Maraarita Rd PA04-0620, Boys & Girls Club - Construction - 31465 Via Cordoba PA04.0621, Butterfield Ranch Shopping Center - construction Commercial Bldgs - Southwest Corner of Hwy 79 South & Butterfield PA04-0622, Tall Tree Mall Expansion - Construction - Office Bldos PA02-0362 -Rancho Temecula Town Centre - Hwy 79 & Nicholas PA04-0200, 201, SfE Rancho Calif Rd & Meadows Pkwy -Construction Mailing Mdrrss: P. O. 8m 2300 Ooatswonh. 01 91313-2300 M.L9314 tel 818-7014546 fax 818-701-3441 Southern California Gas Company, Transmission Department, has no conflict with your proposed irnprovement. However, our Distribution department may have sorne facilities within your construction area. To assure no conflict with the local distribution's pipeline system, please contact (909) 335-7725. . ,~~erelr:~ Rosalyn qu res Transml sf n Pipeline Planning Assistant @ Rancho Water Board of Directors John E. Hoagland President Csaba F. Ko Sr. Vic~ President Stephen J. Corona J;{alph H. Daily Ben R. Drake Lisa D. Herman Michael R. McMillan Officers: Brian J. Brady General Managet Phillip 1.. Forbes Director of Finance-Treasurer E.P. "Bob" Lemons Director ofEngineeting Perry R. Louck Director of Planning December 16,2004 //J~-h~~ 11;-;' 1'/," J r-:- 'I I ..... ~ tu "- 18L ~~_._~~ , "-6~~l7 '" " 'nn. !/Jif ~ I...VUij. iij!! .. '} -"'- "-j .-.<=:::::J Stuart Fisk, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY LOTS NO. 16 THROUGH NO. 21, INCLUSIVE OF BLOCK 26, TOWN OF TEMECULA, AS SHOWN BY MAP ON FILE IN MAP BOOK 15, PAGE 725; RECORDS OF SAN DIEGO COUNTY, CALIFORNIA APN 922-035-003,APN 922-035-017, AND APN 922~035-023 PROJECT NO. PA04-0592 [PENFOLD PLAZA] Dear Mr. Fisk: 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 construction of any required on-site and/or off- site water facilities, and the completion of financial arrangements between RCWD and the property owner. Jeff D. Armstrong cont"ll" If fire protection is required, the customer will need to contact RCWD for fees and Linda M. Fregoso . District Secretary/Administrativerequuements. Services Manager C. Michael Cowett Best Best & Krieger LLP General Counsel 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 at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT 7J];JJJ h. Micliael G, Meyerpeter, P.E Development Engineering anager 04IMM:at238IFCF c: Laurie Williams, Engineering Services Supervisor Rancho California Water District 42135 Winchester Road. Post Office Box 9017 . Terneeula, California 92589-9017 . (951) 296-6900. FAX (951) 296-6860