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HomeMy WebLinkAbout080305 PC Agenda --- - 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 August 3, 2005 - 6:30 P.M. ******** Next in Order: Resolution No. 2005-055 CALL TO ORDER Flag Salute: Chairman Mathewson RollCall: Chiniaeff, Guerriero, Harter, 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. 1 Minutes RECOMMENDATION: . 1.1 Approve the Minutes of July 20, 2005 R:\PLANCOMMlAgendas\2005\08-03-05.doc 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. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. New Items 2 Plannino Application No. PA05-0053, a Development Plan, submitted bv Scott Barone of Edoe. to construct two industrial buildinos and one office buildino totalino 116,496 souare feet. located on the northwest corner of Reminoton Avenue and Diaz Road. Matthew Peters, Associate Planner. 3 Plannino Application Development No. PA04-0577, a Comprehensive Sion Prooram, . submitted bv Paul Gupta of Bianca Properties. for the Winchester Pavilion located on Winchester Road west of Jefferson Avenue. located on Winchester Road west of Jefferson Avenue. Harmonv Bales. Assistant Planner. COMMISSIONERS' REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next regular meeting: Wednesday, August 17, 2005, 6:30 PM, Council Chambers, 43200 Business Park Drive, Temecula, California. . R:\PLANCOMMlAgendas\2005\08-03-05.doc 2 . ITEM #1 . . . . . MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION JULY 20, 2005 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:30 P.M., on Wednesday, July 20, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Commissioner Guerriero led the audience in the Flag salute. City Clerk Jones duly sworn in newly appointed Planning Commissioner, Mr. Stanley Harter. ROLL CALL Present: Commissioners Chiniaeff, Guerriero, Telesio, Harter, and Chairman Mathewson Absent: None. PUBLIC COMMENTS No public comment. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of July 6, 2005. 2 Director's Hearino Case Update RECOMMENDATION: 2.1 Approve the Director's Hearing Case Update for June, 2005. MOTION: Commissioner Chiniaeff moved to approve the Consent Calendar. Commissioner Guerriero seconded the motion and voice vote reflected approval with the exception of Commissioner Harter who abstained. R:\MinutesPCI072005 COMMISSION BUSINESS . 3 Plannino Application No. PA05-0199. Consideration of Findino of Public Convenience or Necessity. submitted bv Taroet. to allow alcohol beveraoe sales. located at 29676 Rancho California Road. Veronica McCov. Associate Planner. Associate Planner McCoy presented the Planning Commission with a staff report (of record). Ms. Beth Aboulafia, representing Target Stores, spoke in favor of the Finding of Public Convenience or Necessity to sell beer and wine at an existing Target store, advising that the proposal would be consistent with the General Plan and Development Code and that it would be compatible with surrounding uses. MOTION: Commissioner Chiniaeff moved to approve staff recommendation. Commissioner Telesio seconded the motion and voice vote reflected unanimous approval. PUBLIC HEARING ITEMS Continued Items For the record, Assistant City Attorney Curley noted that newly appointed Planning Commissioner, Stanley Harter, would be abstaining on Item NO.4. 4 Plan nino Application No. PA04-0621. a Development Plan. submitted bv Vandana Kelkar of . MCA Architects. to construct a 55.685 souare foot shoppino center with "Pad G" remainino vacant for a future restaurant use on seven acres of the twentv acre propertv: five acres will be desionated towards future commercial uses. such as mini storaoe. and the remainino eioht acres. which includes a portion of the creek channel. will be preserved as open space. located on the southeast corner of Butterfield Staoe Road and Hiohwav 79 South Associate Planner Damko presented the Planning Commission with a staff report (of written record), offering the following: . That since the May 18, 2005, Planning Commission meeting, the applicant has added architectural enhancements to the rear elevations of Buildings B, C, and D; glass windows on the east side of Building D pop-outs ranging from one to two feet; decorative tile accents; and a decorative canopy extending three feet over loading doors. These enhancements will break up the mass of the rear elevation and provide architectural detailing. The proposed development of the self-storage facility (Phase II) will block these rear elevations from public view . That the applicant has also provided additional architectural enhancements to the front of shop D; a solid awning will extend 10 feet from the building to provide shade for customers; flowering annuals, additional trees, potted plants, chairs and tables add to the pedestrian friendly common area . That Pad G could be used as retail or restaurant use . R:IMinutesPCI072005 2 . . . . That staff would also request to modify Condition of Approval No. 61 to impose: that the signal at the intersection of Butterfield Stage Road and Wolf Store Road shall be modified to accommodate full movement . That a Condition of Approval be added to impose: A water Quality Management Plan shall be submitted to the City of Temecula. The Water Quality Management Plan shall include site design, best management practices, source controls, and treatment mechanisms. For Chairman Mathewson, Associate Planner Damko noted that the applicant would be in agreement with the added Condition of Approval regarding a water quality management plan and advised that .the initial study and State Clearing House was routed to Fish and Game and South Coast Air Quality Management District but that there has been no response. At this time, the public hearing was opened. Mr. Mark Esbenson, applicant, spoke in favor of the proposed project, noting that the applicant has added many architectural enhancements as requested by the Planning Commission. For Mr. Esbenson, Director of Planning Ubnoske stated that the fountain that the applicant will be installing would meet the criteria for Public Art. In response to Mr. Esbenson's query, Senior Engineer Alegria relayed that he would be of the opinion that the applicant would have an opportunity to receive Development Impact Fee (DIF) credit for installing a raised median. Mr. Esbenson expressed concern with Condition of Approval Item No. 21 (the applicant shall comply with a letter dated May 17, 2005, see staff report) sent by Riverside County Flood Control and Water Conservation District. In response to Commissioner Chiniaeff's query, Mr. Esbenson noted that the towers in the center of Building C would be four-sided architecture. Commissioner Telesio expressed concern conditioning the applicant to provide an easement. Assistant City Attorney Curley noted that Condition of Approval No. 21 would be a standard Condition of Approval. For the Planning Commission, Principal Planner Hazen stated staff was advised by Assistant City Attorney Snow that the easement would be necessary to obtain drainage from the other side of 79 South and that the plan, as proposed, will not interfere with the Flood Control District. Assistant City Attorney Curley noted that an approach to Commissioner Telesio's concern would be to continue the item to allow the applicant to address easement concerns with the Flood Control District or that the Planning Commission could impose the condition as stated in staff's report, and that if after discussions with Flood Control if the condition were subject to change, the Planning Commission could amend the approval. Mr. Esbenson relayed that he would be willing to accept Condition of Approval No. 21 as written in staff's report. R:IMinutesPCI072005 3 Commissioner Chiniaeff noted that it would be his opinion that Condition of Approval No. 21 . would be a typical Condition of Approval. For the Planning Commission, Assistant City Attorney Curley noted that the Condition of Approval would by a standard condition and would recornmend that the Planning Commission proceed with the Condition of Approval as written in staff's report. For the Commission, Mr. Esbenson stated that he understood the condition as written in staff's report and would work with the Flood Control District. Mr. Steve Corona, representing the Corona Family, spoke in opposition to the requiring of the proponent to grant an easement for a channel for which a location has not yet to be decided. Mr. Corona requested that any granting of an easement be subjected to: A) proof that the property in question has nexus to the flooding situation that necessitates the Flood Control facility; B) that any easement be contingent on the final flood control facility location; and C) that the property owner be compensated for the fair market value of the property; that absent fulfillment of these requests, the City should move to obtain all land available for easements that reside on the properties owned by Newland Communities. MOTION: Commissioner Chiniaeff moved to approve staff recommendation subject to all the Conditions of Approval, modifying Condition of Approval No. 61 (that the signal at the intersection of Butterfield Stage Road and Wolf Store Road shall be modified to accommodate full movement), and adding a condition requiring a Water Quality Management Plan as requested by staff; that the applicant work with the Flood Control District regarding the applicant's concern of an easement; and that the issuance of Development Impact fees be determined by City Ordinance. Commissioner Guerriero seconded the motion and voice vote . reflected approval with the exception of Commissioner Harter who abstained. PC RESOLUTION NO. 2005-052 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0621, A DEVELOPMENT PLAN TO CONSTRUCT A NEW 55,685 SQUARE FOOT SHOPPING CENTER AT THE SOUTHEAST CORNER OF HIGHWAY 79 SOUTH AND BUTTERFIELD STAGE ROAD KNOWN AS ACRE PROPERTY WILL BE BUILT IN TWO PHASES AND WILL INCLUDE AN OPEN SPACE PRESERVE New Items 5 Plan nino Application No. and PA05-0066. a proposed Tentative Parcel Map. submitted bv Vandana Kelkar of MCA Architects. to subdivide four commerciallv zoned parcels into seven leoal lots with "Parcel 1" desionated as open space. located on the southeast corner of Butterfield Staoe Road and Hiohwav 79 South . R:IMinutesPCI072005 4 Associate Planner Damko presented the Planning Commission with a staff report (of written . record). . That Condition of Approval No. 30 be revised to impose that the signal at the intersection of Butterfield Stage Road and Wolf Store Road shall be modified to accommodate full movement. At this time, the public hearing was opened. Mr. Mark Esbenson, applicant, relayed that he would be in agreement of the Conditions of Approval as stated in staff's report. At this time, the public hearing was closed. MOTION: Commissioner Guerriero moved to approve staff recommendation subject to the revision of Condition of Approval No. 30. Commissioner Chiniaeff seconded the motion and voice vote reflected unanimous approval. . PC RESOLUTION NO. 2005-053 A RESOLUTION OF THE PLANNING DIRECTOR OF TE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0066, A TENTATIVE PARCEL MAP NO. 33545, TO SUBDIVIDE 20.33 ACRES (4 EXISTING PARCELS) INTO SEVEN (7) COMMERCIAL PARCELS, LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 79 SOUTH AND BUTTERFIELD STAGE ROAD, KNOWN AS ASSESSOR PARCEL NUMBERS 952-200-002, 011, 012, 013 6 Plan nino Application No. PA05-0100. a Development Plan. submitted bv Peter Mieoar. to construct a one-storv office buildino totalino 12.411 souare feet. "located on the southwest corner of Madison Avenue and Bueckino Associate Planner Damko presented a staff report (of record). At this time, the public hearing was opened. Mr. David Body, architect for the proposed project, relayed that the height of the cornice would measure 12 inches in height and that it would be cast into the concrete. At this time, the public hearing was closed. Commissioner Chiniaeff expressed concern with the lack of architectural elements and requested that the applicant work on the rooflines, add more pop-outs, larger parapets, and add more architectural elements. . At this time, the public hearing was reopened. R:\MinutesPC\072005 5 For the Commission, Mr. Minnegar noted his willingness to work with staff to address the Commission's concerns. . At this time, the public hearing was closed. MOTION: Cornmissioner Chiniaeff moved to continue Item NO.6 to August 17, 2005, for staff and the applicant to address the Commission's concerns. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. 7 Plannino Application No. PA05-0101 a Development Plan. submitted bv Peter Mineoar. to construct a two-stOry office/show room buildino totalino 23.618 souare feet. located at the end of the cul-de-sac of Madison Avenue. west of the Interstate 15 freewav Associate Planner Damko presented the Commission with a staff report (of written material). At this time, the public hearing was opened. Mr. Peter Minnegar, applicant for the proposed project, noted that he would be willing to work with staff to add more architectural elements. At this time, the public hearing was closed. MOTION: Commissioner Guerriero moved to approve staff's recommendation subject to the condition that the applicant work with staff to add more architectural elements including the windows and parapets. Commissioner Telesio seconded the motion and voice vote reflected . unanimous approval. PC RESOLUTION NO. 2005-054 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0101, A DEVELOPMENT PLAN TO CONSTRUCT A TWO STORY OFFICE/SHOW ROOM BUILDING TOTALING 23,618 SQUARE FEET LOCATED AT THE END OF MADISON AVENUE, WEST OF THE 15 FREEWAY, KNOWN AS ASSESSOR PARCEL NO. 910-282-012 COMMISSIONER'S REPORT Commissioner Guerriero thanked staff for their quick response to ensure that Lowe's does not impose their fire lane with advertising. PLANNING DIRECTOR'S REPORT No report at this time. . R:\MinutesPC\072005 6 . . . ADJOURNMENT At 7:55 P.M., Chairman Mathewson formally adjourned this meeting to the next reqular meetinq to be held on Wednesdav. Auqust 3. 2005 at 6:30 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. Dave Mathewson Chairman Debbie Ubnoske Director of Planning R:\MinutesPCI072005 7 . ITEM #2 . . . . . Date of Meeting: Prepared by: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August 3, 2005 Matthew D. Peters, AICP Title: Associate Planner File Number PA05-0053 Application Type: Development Plan Project Description: Recommendation: (Check One) CEQA: (Check One) A Development Plan application to construct two industrial buildings and one office building totaling 116,506 square feet on 6.72 acres at the northwest corner of Diaz Road and Remington Avenue (APN 909-370-023). C8l Approve with Conditions o Deny D Continue for Redesign D Continue to: D Recommend Approval with Conditions D Recommend Denial D Categorically Exempt (Class) D Notice of Determination (Section) D Negative Declaration C8l Mitigated Negative Declaration with Monitoring Plan DEIR G:\Planning\2005\PA05-0053 Legacy Corporate Ccnter-Comm DP\Planning\ST AFF REPORT.doc , I PROJECT DATA SUMMARY Applicant: Scott Barone, Edge Development . Completion Date: February 17, 2005 Mandatory Action Deadline Date: August 3, 2005 General Plan Designation: Industrial Park (IP) Zoning Designation: Light Industrial (L1) Site/Surrounding Land Use: Site: Vacant, previously graded North: South: East: West: Existing industrial development Existing industrial development Vacant land Vacant land Lot Area: 6.72 acres net Total Floor Area/Ratio 116,506 SF / .398% Landscape Area/Coverage 62,845 SF / 21.5% . Parking Required/Provided 278 required / 303 provided 271 standard and 7 handicapped / 292 standard and 11 handicapped BACKGROUND SUMMARY r:8J 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 application was submitted February 17, 2005. A DRC meeting was held on March 24, 2005 to discuss site, landscaping, architecture, and other department issues. The applicant resubmitted plans on April 14, 2005. A meeting was held on May 19, 2005 to facilitate a conference call between the applicant and Roger Cantrell to discuss architectural comments. The applicant resubmitted plans on June 1, 2005. The Site Plan was slightly modified after the June 1 resubmittal in order to address the Fire Department's requirements for hydrant locations. Conditions of Approval were granted by all departments by June 29, 2005. . G:\Planning\2005\PAOS-0053 Legacy Corporate Center-Comm DP\Planning\STAFF REPORT.doc 2 . . . ANALYSIS Site Plan The project conforms to the development regulations of the Light Industrial (L1) zoning district. The building setbacks exceed the minimum requirements of the Development Code, and the 0.398 Floor Area Ratio is below the target ratio of 0.40 for this zoning district. The proposed 32 percent lot coverage is also below the maximum permitted lot coverage of 40 percent. The proposed site plan provides adequate circulation for vehicles. Architecture The proposed building is consistent with the Development Code and Design Guidelines. The buildings will be constructed of concrete tilt-up panels, with architectural enhancements to include entries enhanced with glass and metal canopies, horizontal reveals, varied base and accent colors, and slate accent tiles, which provide visual interest. In addition, the field and accent colors will be reversed on the office building to provide further variation and interest. The buildings include various breaks in the wall planes and parapet design and height which, in conjunction with landscaping, breaks up building mass from the street view. Landscapino 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 62,845 square feet or 21.5 percent of the site, which exceeds the minimum 20 percent landscaping requirements of the Light Industrial (L1) zone. Landscaping will be enhanced at the corner of Remington Avenue and Diaz Road, and at the entries off Remington Avenue and Diaz Road. In addition, decorative paving and strategic placement of Date Palms and Red Crepe Myrtles will enhance the building entries. A combination of Sweetgum and Canary Island Pines will soften building elevations. Outdoor employee seating areas are proposed for each building. Access. Circulation. and Parkino The project would provide orderly development at a major industrial intersection. The buildings would align in a large rectangle bisected by the parking aisles connected by two access points, one off Remington Avenue, and the other off Diaz Road. This results in orderly appearance of building setbacks aligned along the street. The layout also maximizes parking and presents the simplest possible circulation pattern. Loading areas are screened and located at the back of the site. The project provides 303 parking spaces, which exceeds the 278 required by the Development Code, The Public Works Department has analyzed the projected traffic impacts of the project and has determined that the impacts are consistent with the traffic volumes associated with the approved 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. G:\Planning\2005\PA05-0053 Legacy Corporate Center~Comm DP\Planning\ST AFF REPORT.doc 3 ENVIRONMENTAL DETERMINATION . [8] 1. An initial study has been prepared and indicates that the project will have the following potential significant environmental impacts unless mitigation measures are included as conditions of approval. Based on the following mitigations, staff recommends adoption of the mitigated Negative Declaration for the project. The proposed project could violate any air quality standard or contribute substantially to an existing or projected air quality violation; and Expose sensitive receptors to substantial pollutant concentrations; and Create objectionable odors affecting a substantial number of people Limit heavy equipment during any remaining sit grading or prepa.ration to an aggregate daily use of no more than 44 hours. Limit heavy equipment during building construction to an aggregate daily use of no more than 69 hours. All heavy equipment shall be maintained in a proper state of tune as per the manufacturers specifications. Heavy equipment shall not be allowed to remain idling for more than five minutes duration. Trucks shall not be allowed to remain idling for more than two minutes. . Electric power shall be used to the exclusion of gasoline or diesel generators and compressors whenever feasible. Construction activities shall minimize obstruction of through traffic lanes adjacent to the site and, if necessary, a flag person shall be retained to maintain safety and adjacent to existing roadways. On-site documentation shall be maintained for City and/or SCAQMD inspection indicating all construction activities including equipment maintenance and daily equipment use. Aggregate equipment use shall not include any electric- powered equipment (but shall include the operation of any generators). The application of paints and surface coatings shall be limited to no more than 28 gallons per day. The applicant shall abide by any other measures as approved by the City of Temecula and/or . SQAQMD. G:\Planning\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planning\ST AFF REPORT.doc 4. . . . The proposed project could disturb any human remains, including those interred outside of formal cemeteries. The project could expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault. Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking. 3. Seismic-related ground failure, including liquefaction. 4. Landslides. CONCLUSION/RECOMMENDATION Prior to issuance of a grading permit, the applicant must enter into an agreement with the Pechanga Band of Luiseno Indians that addresses the treatment and disposition of all cultural resources, human resources and human remains discovered on-site. The landowner agrees to relinquish ownership of all cultural resources, including archaeological artifacts found on the project site, to the Pechanga Band of Luiseno Indians for proper treatment and disposition. The applicant shall provide an on-site archaeological and paleontological monitoring during all phases of earthmoving activities. If sacred sites are discovered during ground disturbing activities, they shall be avoided and reserved. The applicant shall comply with all the recommendations in the Geotechnical Report and Compaction Test Results Frough Grading Operations completed by EnGen, June 9, 1999, as updated. 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 the Planning Commission approve Development Plan application PA05-0053 based upon the findings and attached Conditions of Approval. G:\Planning\2005\PA05-0053 Legacy Corporate Center-Camm DP\Planning\ST AFF REPORTdoc 5 FINDINGS Development Plan (Code 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. The proposal is consistent with the land use designation and policies reflected for Industrial Park (lP) 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 Industrial Park designation. In addition, the proposal is consistent with the development regulations of the Light Industrial (L1) zoning district. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The proposed project is consistent with the development standards outlined in the City of Temecula Development Code. The proposed architecture and site layout for the project has been reviewed utilizing the Industrial Development Performance Standards of the Development Code. The proposed project has met the performance standards in regards to circulation, architectural design and site plan design. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public . health, safety and welfare. ATTACHMENTS 1 . Vicinity Map - Blue Page 7 2. Plan Reductions - Blue Page 8 3. PC Resolution No. 2005-_ Development Plan - Blue Page 9 Exhibit A - Draft Conditions of Approval 4. Initial Study and Mitigation Monitoring Program - Blue Page 10 . G:\Planning\2005\PA05-0053 Legacy Corporate Center-Camm DP\Planning\ST AFF REPORT doc 6 . . . 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Idi !lPilll I i I': 11111 0 i I !l !,i : Ii II ill Ii Ii ill iI1,lIq!! I! !! I ~ .. ,... ,\,', ,,1111" ... Jlil. ~ , , J ~ o ~ " ~ ~ ~ . w ~ \~.~ (~ " " < " " o ~ , g .. . . . ATTACHMENT NO.3 PC RESOLUTION NO. 2005-_ G:\Planning\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planning\ST AFF REPORT.doc 9 . . . " PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0053, A DEVELOPMENT PLAN TO CONSTRUCT TWO INDUSTRIAL BUILDINGS AND ONE OFFICE BUILDING TOTALING 116,506 SQUARE FEET AT THE NORHTWEST CORNER OF REMINGTON AVENUE AND DIAZ ROAD, APN 909-370-023. WHEREAS, Scott Barone filed Planning Application No. PA05-0053 (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 August 3, 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 recommending approval of 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 Industrial Park (IP) 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 Industrial Park designation. In addition, the proposal is consistent with the development regulations of the Light Industrial (LI) zoning district. G:\Planning\2005\PA05-0053 Legacy Corporale Ccnlcr-CoJJUll DP\Planning\PC RESO & COA'S.doc I B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. . The proposed project is consistent with the development standards outlined in the City of Temecula Development Code. The proposed architecture and site layout for the project has been reviewed utilizing the Industrial Development Performance Standards of the Development Code. The proposed project has met the performance standards in regards to circulation, architectural design and site plan design. 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. Pursuant to California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the proposed Project. Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the project could have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. Section 4. Conditions. The City of Temecula Planning Commission hereby approves Planning Application PA05-0053 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 3'd day of August 2005. Dave Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] . G:\Planning\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planning\PC 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 3fd day of August 2005, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: ABSTAiN: Debbie Ubnoske, Secretary , G:\Planning\2005\PA05-0053 Legacy Corporate Center-Camm DP\Planning\PC RESO & COA'S_doc 3 . . . EXHIBIT A CONDITIONS OF APPROVAL G:\Planning\2005\PA05-0053 Legacy Corporate Center-Corom DP\Planning\PC RESO & COA'S.doc 4 . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA05-0053 Project Description: A Development Plan to construct two industrial buildings and one office building totaling 116,496 square feet located northwest corner of Remington Avenue and Diaz Road. APN: 909-370-023 MSHCP Category: DIF Category: TUMF Category: Buildings A and B - Industrial, Building C - Office Buildings A and B - Industrial, Building C - Office Buildings A and B - Industrial, Building C - Office Approval Date: August 3, 2005 August3,2007 Expiration Date: WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 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 Exemption as provided under Public Resources Code Section 211 08(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)). 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. G:\Planrung\2005\PA05-0053 Legacy Corporate Center-Comm DP\PlalUllllg\PC RESO & COA'S.uoc 5 . . . GENERAL REQUIREMENTS G:\Planning\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planning\PC RESO & COA'S.doc 6 . . . Planning Department 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 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. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 5. 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-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 6. 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 ex1ensions of time, one year at a time. 7. A separate building permit shall be required for all signage, 8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 9. The conditions of approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar maiters are specified, shall be deemed satisfied by staffs 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 Field Paint Color Accent Paint Color Accent Paint Color Blue Glass Color/Specifications Frazee #8531 W "Lombardy Mist" Frazee #8522M "Downing Slate" , Frazee #8525D "Rock Garden" Viracon V8-5 G:\Planning\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planning\PC RESO & CQA'S.doc 7 Blue Vision Glass Window Mullion Viracon Anodized Aluminum . (Field and Accent Colors reversed for Building C) 10. 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. 11. The applicant shall paint a 3-foot x 3-foot section of the building for Planning Department inspection, prior to commencing painting of the building. 12. Applicant shall comply with all mitigation measures of the Negative Declaration. Public Works Department 13. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 14. 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. 15. 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. . Building Department 16. 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. 17. 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. 18. 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. . G:\Planning\2005\PA05-0053 Legacy Corporate Cenler-Corrun DP\Planning\PC RESO & COA'S.doc 8 . 25. 26. 27. . 28. 29. 30. 31. 32. 33. 34. . 19. Obtain street addressing for all proposed buildings prior to submittal for plan review. 20. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1,1998) 21. Provide disabled access from the public way to the main entrance of the building. 22. Provide van accessible parking located as close as possible to the main entry. 23. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems 24. 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. 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. Show all building setbacks on site plan. 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. 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 Sundays or Government Holidays G:\Planmng\2005\PA05"OO53 legacy Corporate Cemer-Conun DP\PJanning\PC RESO & COA'S.doc 9 Fire Department . 35. 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. 36. 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 3250 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 1850 GPM for a total fire flow of 5100 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) 37. 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 4 hydrants, in a combination of on-site and off-site (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to an hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B). 38. 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) . 39. 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) 40. 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) 41. 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) 42. 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) . G:\Planning\2005\PA05-00j3 Legacy Corporate Ccnter-Comm DP\Planning\PC RESO & COA'S.doc . 10 . . . 43. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2,2.4) 44. 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) Community Services Department 45. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 46. 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. 47. The Applicant shall comply with the Public Art Ordinance. 48. All parkways, landscaping, fencing and on site lighting shall be maintained by the property owner or maintenance association. G:\Planning\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planning\PC RESO & COA'S.doc II . PRIOR TO ISSUANCE OF GRADING PERMITS . . G:\Planning\2005\PA05-0053 Legacy Corpornte Center-Conun DP\Planning\PC RESO & COA'S.doc 12 . . . Planning Department 49. 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. 50. 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. 51. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably' appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of 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." Public Works Department 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 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. 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 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 G:\Planning\2005\PA05-0053 Legacy Corporate Centcr-Comm DP\Planning\P<;: RESO & COA'S.doc 13 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. 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. 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 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. 58. . 60. 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. 61, The site is in an area identified on the Flood Insurance Rate Map. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. . G:\Planning\2005\PA05-0053 Legacy Corporate Ccnter-Comm DP\Planning\PC RESO & COA'$.doc 14 . . . PRIOR TO ISSUANCE OF BUILDING PERMIT G:\Planning\2005\PA05-0053 Legacy Corporate Center-Corom DP\Planning\PC RESO & COA'S.doc 15 . . . Planning Department 62. 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 grow1h potential of the parking lot trees. 63. 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 the colored architectural elevations, All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 64. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. 65. All downspouts shall be internalized. 66. 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 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. 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. Detail of outdoor employee eating area. This area shall include a trellis with appropriate vines to shade the outdoor employee break area, decorative furniture and hardscape to match the style of the building subject to the approval of the Planning Director. e. One (1) copy of the approved grading plan. f. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). g. Totai'cost estimate of plantings and irrigation (in accordance with approved plan). h. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper grow1h 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. 67. Landscape Plans shall reflect the following: a. The applicant shall provide a minimum 5" width planting area at the ends of all parking rows. The planter length shall be equal to the adjoining parking space. The planter shall contain a minimum of one tree, shrubs and ground covers. G:\PlannJng\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planning\PC RESO & COA'S.doc 16 b. The applicant shall modify plans, providing additional landscaping to the east of Building B loading area to fully screen the loading areas from Diaz Road as approved by the Director of Planning. . c. 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 aesthetics 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. 68. 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. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. 69. Building plans shall indicate that all roof hatches shall be painted "International Orange". 70. 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. . Public Works Department 71. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400, 401and 402. d. All street and driveway centerline intersections shall be at 90 degrees. e. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 72. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Diaz Road (Major Highway Standards - 100' RNV) to include installation of sidewalk, drainage facilities, utilities (including but not limited to water and sewer), raised landscaped median. . G:\P1anning\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planning\PC RESO & COA'S.doc 17 . Improve Remington Avenue (Principal Collector Highway Standards - 78' R/W) to include installation of sidewalk, street lights, drainage facilities, utilities (including but not limited to water and sewer). 73, 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. b. a. Street improvements, which may include, but not limited to: medians, sidewalks and drive approaches. b. Storm drain facilities. c. Sewer and domestic water systems. d. Under grounding of proposed utility distribution lines. 74. 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. 75. 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. 76. The Developer shall obtain an easement for ingress and egress over the adjacent property. . 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. 78. The'Developer shall record a written offer to participate in, and waive all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed Western Bypass Corridor in accordance with the General Plan. The form of the offer shall be subject to the approval of the City Engineer and City Attorney. 77. 79. 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. . Fire Department 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) G:\Planning\2005\PA05-0053 Legacy Corporate Ccntcr-Comm DP\Planning\PC RESO & COA'S.doc 18 Community Services Department 80. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. G:\Planning\2005\PA05-0053 Legacy Corporate Ccnler-Comm DP\Planning\PC RESO & COA'S.doc 19 . . . . . . PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:\Planrung\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planning\PC RESO & COA'S_doc 20 . . . Planning Department 81. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs' of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening to be reviewed and approved by the Director of Planning. 82. 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. 83. 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 a period of one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released upon request by the applicant. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning 951 696-3000." 84. 85. 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. 86. All site improvements including but not limited to parking areas and striping shall be installed prior to occupancy or any use allowed by this permit. 87. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department 88. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: G:\Plunning\2005\PAOS-0053 Legacy Corporate Center-Carom DP\Planning\PC RESO & COA'S_doc 21 a. Rancho California Water District b. Eastern Municipal Water District Department of Public Works . c. 89. Corner property line cut off shall be required per Riverside County Standard No. 805. 90. 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. 91. 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 92. 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) 93. 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) . 94. 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) 95. 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) 96. 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) 97. 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) 98. 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. . G:\Planning\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planmng\PC RESO & CQA'S.doc 22 . . . 99. 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) 100. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau. (CFC 7901.3 and 8001.3) Special Conditions 101, 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. 102. 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. 103. If there are changes to underlying maps then prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI ) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. 104. 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) 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) G:\Planning\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planning\PC RESO & COA'S.doc 23 . . . OUTSIDE AGENCIES G:\Planning\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planning\PC RESO & CONS,doc 24 . . . 106. The applicant shall comply with the attached letter dated March 7, 2005 from Rancho Water. 107. The applicant shall comply with the attached letter dated February 28, 2005 from the California Historic Resources Information System. 108. The applicant shall comply with the attached letter dated April 13, 2005 from 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 G:\Planning\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planning\PC RESO & COA'S.doc @ Itada Water Board of Directors Csaba F. Ko President Ben R. Drake Sr. Vice President Stephen J. Corona Ralph H. Daily Lisa D. Herman John E. Hoagland Michael R. McMillan Officers: Brian .J. Brady General Manager Phillip L. Forbes Director of Finance-Treasurer E.P. ~Bob. Lemons Dirt'CtorofEngineering Perry R. Louck Director of Planning March 7, 2005 Matthew Harris, Project Planner City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589 - 9033 SUBJECT: f, .~ i l~' ; ~. ,. , , 'MAR 1 4 Z005 , t~i '/ ~::7-- / ., WATER AND SEWER A V AILABILITY LEGACY CORPORATE CENTER; PARCEL NO.1 OF PARCEL MAP NO. 28657-1 APN 909-370-023 PA05-0053 [SOUTHERN CALIFORNIA INVESTORS] Dear Mr. Harris: Please - be advised that the ?bove-rcfererrced prcperty is located vlithin th~ boundaries of Rancho California Water District (RCWD). Water and sewer service, therefore, would be available upon construction of any required on-site and/or off-site water and sewer facilities and the 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, JelTD, Arm"'on, This project has the potential to become a commercial condominium Controll" development, with individual building owners and an Owner's Association LDintd't,:.F""o,/oAd " , maintaining the common property and private water, fire protection and landscape lsnc .,.,creary mmlstratIVf.' 8m',,, Mon.,,, irrigation facilities. RCWD requires that the City of Temecula include a C,MiehaelCowell Reciprocal Easement and Maintenance Agreement for these on-site private water Best Best & Krieger LLP Genem' C."n,,' facilities, as a condition of approval for the project. In addition to this agreement, RCWD would require individual water meters for each condominium unit. This project should be conditioned to use recycled water for landscape irrigation. A Sewer Release Form should bc received from RCWD prior to construction permit issuance. If you should have any questions, please contact an Engineering Services Representative at this office at (951) 296-6900, Sincerely, RANCHO CALIFORNIA WATER DISTRICT 4~ (Qlh "",'\'I"'J.~ H,'\.NCII() ~~'~<!'J C:ALIF()I,f:NI," f ~ \,VATEI.f. .( I>ISTH:IC'" .\""'''''''_''''.',"""~'.'I..,,, <'-',.r'" Mi lael G. Meyerpeter, P.~. Development Engincering Managcr 05\t-.1M:ac055\FEG c: Laurie Williams, Engineering Services Supervisor HiH1Cho Califorllia Water Disll'id 42135 Winch('~tf,r Boad . !'ost 001<:00' Box 9Ul; . TL'nwcula. C:.lirornia 92[,8~.!1017 . \951 \ 29/;.6900 . FAX <9511296-6800 RECEIVED: 2/28105 3:15PM; _>r y Orlcl\I~(';ULA; Hbbtl; ......Al:it:: ~ . . . FEB-28-2005 15:21 RRU,~IC/ANTHRO UCR 951 827 5409 P.03/03 CALIFORNIA HISTORICAL RESOURCES INFORMATION SYSTEM Phone (951) 827-5745 Fax (951) 827-5409 EaS1ern Information Center Department of Anthropology University of California Riverside, CA 92521-0418 February 28, 2005 TO: Matt Harris City of Temecula Planning Department RE: Cultural Resource Review Case: PA05-0053/Legacy Corporate Center Records at the Eastern Information Center of the California Historical Resources Information System have been reviewed to determine jf this project would adversely affect prehistoric or historic cultural resources: The proposed project area has not been surveyed for cultural resources and contains or is adjacent to known cultural resource(s). A Phase I study is recommended. Based upon existing data the proposed project area has the potential for containing cultural resources. A Phase I study is recommended. A Phase I cultural resource study (RI. J identified one or more cultural resources. The project area contains, or has the possicility of containing, cultural resources. However, due to the nature of the project or prior data recovery studies, an adverse effect on cultural resources is not anticipated. Further study is not recommended. L.. Two Phase I cultural resource studies (RI.20B2 and RU-20B2 (both part of larger projects)) identified no cultural resources within the boundaries of the project area. Further study is not recommended. There is a low probability of cultural resources. Further study is not recommended. L.. If, during construction, cultural resources are encountered, work should be halted or diverted in the immediate area while a qualified archaeologist evaluates the finds and makes recommendations. Due to the archaeological sensitivity of the area, earthmoving during construction should be monitored by a professional archaeologist. The submission of a cultural resource management report is recommended following guidelines for Archaeological Resource Management Reports prepared by the California Office of Historic Preservation, Preservation Planning Bullerin 4(a), December 1989. _ Phase' Records search and field survey _ Phase II Testing [Evaluate resource significance; propose mitigation measures for "significant" sites.] _ Phase III Mitigation (Data recovery by excavation, preservation in place, or a combination of the two.] _ Phase IV Monitor earthmoving activities COMMENTS: If you have any questions, please contact us. Eastern Information Center EIC\FRMS\TRANSMIT ..........-r"'. ,....,..-" WAKRlN 0. WILLIAMS Gcn~g~r-Chid Enginl.:l..Cr 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 951.788,9965 FAX RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 941861 . City ofTemecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 April 13,2005 Attention: Matt Harris Ladies and Gentlemen: Re: P A 05-0053 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. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage ,Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following 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: . The entire boundary of the property is within the 100 year Zone AE floodplain limits for Murrieta Creek as delineated on Panel No, 060742.0005B dated November 20, 1996 of the Flood Insurance Rate Maps issued in conjunction with the National Flood Insurance Program, administered by the Federal Emergency Management Agency (FEMA), A District flood study in 1987 determined the base flood elevation for the master plan flow rate of28,500 cfs to be 1035,08 (NGYD 29) at the location, Thc U,S, Army Corps of Engineers along with the District and the Cities of Temecula and Murrieta are working on the design of the Murrieta Creek Flood Conrrol, Environmental Restoration and Recreation project (Project), which has been Congressionally authorized, The proposed development is located within Phase 3 of the Project, which is currently not scheduled to be constructed until October 2006, pending Federally allocated funding, Questions regarding the Project may be addressed to Zully Smith of our office at 951,955.1299. Untii the proposed Project has been constructed, all new buildings should be floodproofed by elevating the finished floor a minimum of 12 inches above the District's floodplain elevation of 1035,08, This project is located within the limits of the District's Murrieta CreeklTemecula Valley Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid prior to the issuance of building or grading permits, Fees to be paid should be at the rate in effect at the time of issuance of the actual penn it. GENERAL INFORMA nON This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board, Clearance for grading, recordation or other final approval should not be given until the City has determined thaI the project has been granted a permit or is shown to be exempt. . . . . 94186,1 City ofTemecula Re: P A 05.0053 -2. April 13, 2005 If this project involves a FEMA mapped floodplain, then the City should require the applicant to provide all studies, calculations, plans and other infonnation required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy, The applicant shall show written proof of compliance with the Multiple Species Habitat Conservation Plan (MSHCP) for any drainage facilities the applicant proposes to be maintained by the District. All applicable CEQA and MSHCP documents and permits shall address the construction, operation and maintenance of all onsite and offsite drainage facilities, Draft CEQA documents shall be forwarded to the District during the public review period, If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain all applicable Federal, State and local regulatory permits, These regulatory penn its include, but are not limited to: a Section 404 Permit issued by the U.S. Army Corps of Engineers in compliance with section 404 of the Clean Water Act, a California State Department ofFish and Game Streambed Alteration Agreement in compliance with the Fish and Game Code Section 1600 et seq., and a 401 Water Quality Certification or a Report of Waste Discharge Requirements in compliance with Section 401 of the Clean Water Act or State Porter Cologne Water Quality Act, respectively, from the appropriate Regional Water Quality Control Board, The applicant shall also be responsible for complying with all mitigation measures as required under CEQA and all Federal, State, and local environmental rules and regulations. Very truly yours, ~~ ARTURO DlAZ Senior Civil Engineer c: Ron Parks, City ofTemecula Zully Smith, RCFC & WCD AM:blj . . . ATTACHMENT NO.4 INITIAL STUDY AND MITIGATION MONITORING PROGRAM G:\Planning\2005\PA05-0053 Legacy Corporate Center-Camm DP\Planning\ST AFF REPORTdoc 10 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Pro'ect Title Lead Agency Name and Address Contact Person and Phone Number Project Location Project Sponsor's Name and Address General Plan Desi nation Zonin Description of Project Surrounding Land Uses and Setting Other public agencies whose approval is required . . Environmental Checklist Le ac Cor orate Center PA05-0053 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Matthew D, Peters, Associate Planner (951) 694-6400 Northwest corner of Remington Avenue and Diaz Road, APN 909- 370-023 in the Cit of Temecula, Count of Riverside Scott Barone, Edge Development, 27368 Via Industria, Suite 101, Temecula, CA 92590 Business Park BP Li ht Industrial (L1) A Development Plan to construct two industrial buildings and one office building totaling 116,496 square feet on 6.72 acres, This Project is an in-fill development on a previously graded site within an industrial area. Surrounding land uses include a light industrial building to the north, light industrial buildings to the south, and vacant land to the east and west. None G:\Planning\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planning\lnitial Study. doc 1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages, x Aesthetics A riculture Resources Air Qualit Biolo ical Resources Cultural Resources Geolo y and Soils Hazards and Hazardous Materials H drolo and Water Qualit Land Use and Plannin Mineral Resources Noise Po ulation and Housin Public Services Recreation Transportationrr raffic Utilities and Service S stems Mandato Findin s of Si nificance None x Determination On the basis of this initial evaiuation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be repared. I find that although the proposed project could have a significant effect on the environment, there will not X be a significant effect in this case because revisions in the project have been made by or agreed to by the pro'ect ro onent. A MITIGATED NEGATIVE DECLARATION will be pre ared, I find that the proposed project MAY have a significant effect on the environment. and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentialiy significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, An ENVIRONMENTAL IMPACT REPORT is required, but it must anal ze onl the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are im osed u on the ro osed ro'ect, nothin further is re uired, ~~\r,~ Signature Date It ~ 0'1 Matthew D, Peters. Associate Planner Printed name Citv of Temecula For . G;\Planning\2005\PAOS-0053 Legacy Corporate Center-Comm OP\Planning\lnitial Study. doc 2 1. AESTHETICS. Would the project: a, b, Issues and Su ortin Information Sources Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including, but not limited to, trees. rock outcroppings, and historic buildings within a state scenic hi hwa ? Substantially degrade the existing visual character or ualit of the site and its surroundin s? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Potentially Significant 1m act Potentially Significant Unless Mitigation Inear orated Less Than Significant 1m act No 1m act x X c, X d, X Comments: 1. a.-c: No Impact: The proposed project is not located on or near a scenic vista; therefore. there will not be an adverse impact on a scenic vista, The project site is not located on a scenic highway. The project site is currently vacant with no structures, trees or rock outcroppings on the site, Therefore, the proposed project wouid not substantially damage scenic resources, including trees, rock outcrop pings or historic buildings, Due to the fact that the project site is vacant with no scenic vistas or resources, the project would not substantially degrade the existing visual character or quality of the site and its surroundings, The plans have been reviewed and elevations are consistent with the City's Design Guidelines. No impact is anticipated as a result of the proposed project. . d,: Less Than Significant Impact: The proposed project is currently vacant with no sources of light or 'are, The proposed project will introduce new generators of light and glare typically associated with light industrial development. The City of Temecula requires all new development to comply with the Mount Palomar Lighting Ordinance (Ordinance 655), Ordinance 655 requires lighting to be shielded, directed down to avoid glare onto adjacent properties and emit low levels of glare into the sky. Lighting issues are addressed during the City's plan review and inspection process, No impact is anticipated as a result of the proposed project. . G:\Planning\2005\PA05-0053 Legacy Corporate Center-Comm OP\Planning\[nitial Study. doc 3 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a. Issues and SU rt\n Information Sources Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-a ricultural use? Conflict with existing zoning for agricultural use, or a Williamson Act contract? Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-a ricultural use? Potentially Significant 1m act Potentially Significant Unless Mitigation Ineor orated less Than Significant 1m act No 1m act X b, X c, X Comments: 2. a,-c,: No Impact: The project site is not currently in agricultural production and in the recent and historic past the site has not been used for agricultural purposes, The site is not under a Williamson Act contract nor is it zoned for agricultural uses. This property is not considered prime or unique farmland of statewide or local importance as identified by the State Department of Conservation and the City of Temecula General Plan. In addition, the project will not involve changes in the existing environment, which would result in the conversion. of farmland to non-agricultural uses. No impacts are anticipated as a resuit of the proposed project . G:\Planning\2005\PA05-0053 Legacy Corporate Center.Comm DP\Ptanning\fnitial Study. doc 4 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a. b. c. d. e, Issues and Su ortin Information Sources Conflict with or obstruct implementation of the applicable air ualit Ian? Violate any air quality standard or contribute substantially to an existin or ro'ected air qualit violation? Result in a cumulatively considerabie net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed uantitative thresholds for ozone recursors? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number of eo Ie? Potentially Significant 1m act Potentially Significant Unless Mitigation Inear orated No 1m act Less Than Significant 1m acl x x x x x Comments: 3, a,: No Impact: The proposed project will not conflict with the applicable air quality plan. The project site is comprised of 6.72 acres and the proposed development includes two industrial buildings and one office f'lding consistent with the zoning and general plan designations for the site. The General Pian EIR assumed t development would occur on the subject site consistent with the General Plan land use designation of BP usiness Park), This General Plan designation is implemented through the City's LI (Light Industrial) zoning designation, The General Plan envisioned target floor area ratios (FAR's) for these designations and the General Plan EIR analyzed the potential impacts from potential uses in the LI zone, A Statement of Overriding Considerations was adopted with the General Plan EIR for City-wide Air Quality impacts, primarily from mobile sources. The proposed project was anticipated as part of the Industrial Deveiopments for the City, In addition, an URBEMIS emissions modeling report was completed for this Project, which concludes that "All emissions are well within their requisite threshold values and long term emissions are less than significant. No operation mitigation is warranted," No impact is anticipated as a result of the proposed project. 3 b, d, and e,: Potentially Significant Impact Unless Mitigation Incorporated: An URBEMIS emissions modeling report was completed for the Project, which identified that "Construction activities would result in the generation of air pollutants. Emissions would primarily be 1) exhaust emissions from powered construction equipment, 2) dust generated from earthmoving. excavation, and other construction activities. 3) motor vehicle emissions associated with vehicle trips, and 4) hydrocarbon emissions from the application of asphalt, paints. and coatings," Both the grading and building construction phases could exceed the daily threshold for Oxides of Nitrogen (NOx1 emissions. Additionally, building construction is anticipated to create significant Reactive Organic Gas (ROG) emissions, primarily associated with the application of paints and coatings, and mitigation is warranted to reduce these impacts to less than significant levels, The following mitigation measures are required to reduce emissions: . a. Limit heavy equipment during any remaining sit grading or preparation to an aggregate daily use of no more than 44 hours, b. Limit heavy equipment during building construction to an aggregate daily use of no more than 69 hours. G:\Planning\2005\PAOS-0053 Legacy Corporate Center-Comm DP\Planning\lnitial Study.doc 5 c. All heavy equipment shall be maintained in a proper state of tune as per the manufacturers specifications, d. Heavy equipment shall not be allowed to remain idling for more than five minutes duration. . e, Trucks shall not be allowed to remain idling for more than two minutes duration, f, Electric power shall be used to the exclusion of gasoline or diesel generators and compressors whenever feasible. g, Construction activities shall minimize obstruction of through traffic lanes adjacent to the site and. if necessary, a flag person shall be retained to maintain safety and adjacent to existing roadways, h. On-site documentation shall be maintained for City and/or SCAQMD inspection indicating all construction activities including equipment maintenance and daily equipment use, Aggregate equipment use shall not include any electric-powered equipment (but shall include the operation of any generators.) , Paints and Coati nos i. The application of paints and surface coatings shall be limited to no more than 28 gallons per day. Miscellaneous j. The applicant shall abide by any other measures as approved by the City of Temecula and/or SCAQMD, 3. c.: Less Than Significant Impact: The proposed project will not result in a cumulatively considerabie ne. increase of any criteria pollutant for which the project region is non-attainment under an applicable federal 0 state ambient air quality standard, An URBEMIS emissions modeling report was completed for this Project, which concludes that "All emissions are well within their requisite threshold values and long term emissions are iess than significant. No operation mitigation is warranted." However, the proposed project will emit typical emissions and dust associated with industrial construction. The applicant is required to comply with the mitigation measures outlined above, No impact is anticipated as a result of the proposed project. . G:\Ptannjng\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planning\lnitial Study.doc 6 a, b, c. d, f. BIOLOGICAL RESOURCES. Would the project? Issues and Su rtin Information Sources Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans. policies, or regulations, or by the California Department of Fish and Game or U,S, Fish and Wildlife Service? Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interru tion, or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or im ede the use of native wildlife nurse sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation Ian? Comments: Potentially Significant 1m act Potentially Significant Unless Mitigation Inca orated No, 1m act Less Than Significant 1m act x x x x x x 4. a.-f.: No Impact: The project site has been previously graded and does not contain any natural biological resources. including wetlands, riparian forests, vernal pools, and nursery sites. The project site has been grubbed and disturbed for many years in order to comply with the City's Weed Abatement Ordinance (Chapter 8,16 of the Temecula Municipal Code). In addition, the project site has been graded, There are some grasses on the project site, however they are not considered sensitive habitat, nor is the site a part of a wildlife corridor. The site is located within the Stephen's Kangaroo Rat Habitat Fee Area. Habitat Conservation fees will be required as a standard condition of approval to offset the effect of cumulative impacts to the species from urbanization occurring throughout western Riverside County. The project is within the Multi-Species Habitat Conservation Plan (MSHCP), The applicant filed a Habitat Acquisition and Negotiation Strategy (HANS) application. The City of Temecula has not identified this property as a candidate for habitat acquisition. AMEC Earth and Environmental, Inc, conducted a habitat assessment for the Burrowing Owl (Athene cuniclaria), No burrowing owls were found on the site, Finally. the applicant will , required to pay MSHCP mitigation fees. No impacts are anticipated as a result of the proposed project. G:\Plannjng\2005\PA05~0053 Legacy Corporate Cenler-Comm OP\Planning\lnitial Study.doc 7 b. Issues and Su ortin Information Sources Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064,5? Cause a substantial adverse change in the significance of an archaeolo ical resource ursuant to Section 15064,5? Directly or indirectly destroy a unique paleontological resource or site or uni ue eolo ic feature? Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant 1m act Potentially Significant Unless Mitigation Inca orated Less Than Significant 1m act 5. CULTURAL RESOURCES. Would the project: No 1m act a, x x c, x d. x Comments: 5. a.: No Impact: As identified by UC-Riverside Eastern Information Center. Department of Anthropology, two Phase I cultural resource studies (RI-2082 and RU-2082 [both part of larger projects]) identified no cultural resources within the boundaries of the project area. No impact is anticipated as a result of the proposed project. 5. b.: No Impact The above mentioned Phase I surveys did not identify any archaeological resources nor did the historical records search identify the project site as a potential site for archaeological resources pursuant to Section 15064.5. In addition, the City of Temecula General Plan (Figure 5-6) does not identify the project site as a sensitive archaeological resource area, 5, c.: No Impact: The City of Temecula General Plan (Figure 5-7) does not identify the project site as a. potential site for paleontological resources, The project site has been previously mass-graded, However, if any cultural resources are identified on site during the construction process, the mitigation measures identified under Item 5,d will address any discoveries. No impact is anticipated as a result of the proposed project. 5, d.: No Impact: The phase I survey did not identify the project site as a potential site for historical resources, including human remains. No impacts are anticipated, however. mitigation shaH be required as part of the mitigation monitoring program to ensure proper treatment and disposition of any unknown cuitural resources that may be inadvertently discovered during ground breaking activities, a, Prior to the issuance of a grading permit, the applicant must enter into an agreement with the Pechanga Band of Luiseno Indians that addresses the treatment and disposition of all cultural resources, human resources and human remains discovered on-site. b. The landowner agrees to relinquish ownership of all cultural resources. including archaeological artifacts found on the project site, to the Pechanga Band of Luiseno Indians for proper treatment and disposition, c, The applicant shall provide an on-site archaeological and paleontological monitoring during all phases of earthmoving activities, d, If sacred sites are discovered during ground disturbing activities, they shall be avoided and preserved. . G:\Planning\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planning\lnitial Stu.dy.doc 8 6. GEOLOGY AND SOILS. Would the project: Issues and Su rtin Infonnalion Sources a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involvin : i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geolo S ecial Publication 42. ii. Stron seismic round shakin ? iii. Seismic-related round failure, includin Ii uefaction? iv. Landslides? b, Result in substantial soil erosion or the loss of to soil? c, Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral s readin , subsidence, liquefaction or colla se? d, Be located on expansive soil; as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or ro ert ? e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Potentially Significant 1m ael Potentially Significant Unless Mitigation Inear orated less Than Significant 1m act No 1m ael ,x x X X X X X X Comments: 6. a, i-iv: Potentially Significant Impacts: In 1999, a Geotechnical Report entitled, "Geotechnical Report and Compaction Test Results Rough Grading Operations" was prepared for the project area. According to the study, "The graded site in the areas noted as graded is determined to be adequate for the support of a typical commercial development." Any potential significant impacts will be mitigated through building construction, which will be consistent with the Uniform Building Code standards. Furthermore, the project will be conditioned to provide a soil report concurrent with the submittal of precise grading plans and recommendations contained in this report will be used to determine appropriate conditions of approval prior to the issuance of grading and building permits, The soil report will contain recommendations for compaction of the soil, which wili serve to mitigate any potentially significant impacts from seismic ground shaking, seismic ground failure, liquefaction, subsidence and expansive soils, The following mitigations measures shall be implemented to mitigate sections a.i. through iv: a, The applicant shall comply with all the recommendations in the Geotechnical Report and Compaction Test Results Rough Grading Operations completed by EnGen Corporation. June 9, 1999, as updated. . G:\Planning\2005\PA05-0053 Legacy Corporate Center-Comm DP\Ptanning\lniUal Study. doc 9 6. b.: Less than Significant Impact: The project will not result in substantial soil erosion or the loss of topsoil. The project site is relatively flat will be developed in accordance with City standards, including National Pollution Discharge Elimination System (NPDES) standards, which require the implementation of erosio. control and best management practices (BMP's). The Final Environmental Impact Report for the City 0 Temecula General Plan has not identified any known landslides or mudslides located on the site or proximate to the site. No significant impacts are anticipated as a result of this project. 6. c,: Less Than Significant Impact: The project is not located on a geoiogic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide. lateral spreading, subsidence, liquefaction or collapse, A geotechnical report has been prepared for the proposed project (EnGen Corporation, 1999) and has not identified any geologic unit or unstable soils that would become unstable, The project is required to comply with the recommendations in the report. No significant impacts are anticipated as a result of this project. 6. d,: No Impact: The project is not located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property. According to the Geotechnical Report completed by EnGen Corporation, the soils tested had expansion indexes ranging from 0 to 3, corresponding to a very low expansion potential. The project is also required to comply with the Geotechnical Report prepared, No significant impacts are anticipated as a result of this project. 6, e,: No Impact: The project site will not utilize septic tanks. The project wiU connect to the public sewer system, No impacts are anticipated as a result of this prpject. . . G:\Planning\2005\PA05.Q053 Legacy Corporate Center~Comm DP\Planning\lnitial Study.doc 10 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: PolentialJy Potentially Significant Unless less Than Significant Mitigation Significant No Issues and Suooortina Information Sources Imnact Inco"';;oraled Imoacl Jmoacl a, Create a significant hazard to the public or the X environment through the routine transportation, use, or disposai of hazardous materials? b, Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c, Emit hazardous emissions or handle hazardous or X acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one- quarter mile of an existinq or proposed school? d. Be located on a site which is included on a list of X hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e, For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or workino in the proiect area? For a project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or workino in the proiect area? g, Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation plan? , h, Expose people or structures to a significant risk or loss. X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: 7. a.: Less Than Significant Impact: The streets leading to the project are not transportation routes designated for commercial haulers who may be transporting hazardous materials. However, because the property and the surrounding area are and will be used for industrial buiidings. iuture tenants may include businesses that require the delivery of hazardous materials. When an application is made for future tenant improvements, a Statement of Operations and a Business Plan will be required for review by the City's Fire Department to identify the likelihood of hazardous impacts and to assess the appropriate mitigation measures, Therefore, less than significant impacts are anticipated as a result of this project. 7. b.: Less Than Significant Impact: The project proposes two light industrial buildings, Since the activities of future tenants will be addressed during tenant improvements as noted in g,a, above, it is not anticipated that I project would create a significant hazard to the public or the environement through reasonably foreseeable et and accident conditions involving the release of hazardous materials into the environment. Therefore. ss than significant impacts are anticipated as a result of this project. G:\Planning\200S\PA05-Q053 Legacy Corporate Center-Comm DP\Pfanning\lnitial Study.doc 11 7, c,: Less Than Significant Impact: The proposed project is within one-quarter mile of a proposed college campus site at the northwest intersection of Dendy Parkway and Diaz Road. The operation of construction equipment and machinery during the development of this site may emit some hazardous emissions, However. these emissions should be of limited quantities over a short duration of time, Less than significant impacts are anticipated. 7, d,: No Impact: The project site is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, would not result in a significant hazard to the public or the environment. No impact is anticipated as a result of the proposed project. 7, e-f, No Impact: The proposed project is not located within an airport land use plan or within two miles of a public airport or private air strip. No impact to people working in the area or airport uses is anticipated as a result of the proposed project 7, g,: No Impact: The proposed project is not located in an area and is not a portion of an emergency response or evacuation plan. Therefore the project would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated as a result of the proposed project. 7. h,: No Impact: The proposed project is not located in or near a wildland area that would be subject to fire hazards. The location of the proposed project would not expose people or structures to a significant risk or loss, injury or death involving wildland fires, No impact is anticipated as a result of this project. . . G:\Planning\2005\PA05-0053 Legacy Corporate Center-Comm OP\PJanning\lnitial Study.doc 12 , 8. HYDROLOGY AND WATER QUALITY. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Suooortina Information Sources Imoact Incoroorated lmnact Imnacl a. Violate any water quality standards or waste discharge X requirements? b, Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g" the production rate of pre-existing nearby wells would drop to a level which wouid not support existing land uses or planned uses for which nermits have been qranted)? c. Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river. in a manner which would result in substantial erosion or siltation on- or off-site? d, Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would resuit in floodino on- or off-site? e. Create or contribute runoff water which would exceed the X capacity of existing or planned storm water drainage . systems or provide substantial additional sources of polluted runoff? Otherwise substantiallv degrade water qualitv? X g. Place housing within a 1 OO-year flood hazard area as X mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation man? h, Place within a 1 OO-year flood hazard area structures X which would impede or redirect flood flows? i. Expose people or structures to a significant risk of ioss, X injury or death involving flooding. including flooding as a result of the failure of a levee or dam? i. Inundation bv seiche. tsunami, or mudflow? X Comments: 8, a,: No Impact: The project will not violate any water quality standards or waste discharge requirements, Development will be required to 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 has been filed or the project is shown to be exempt. By complying with the NPDES requirements, any potential impacts can be mitigated to a level less than significant. No impacts are anticipated as a result of this project. 8. b,. f,: No Impact: The proposed project would not substantially deplete groundwater supplies or interfere abstantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering wrhe iocal groundwater table level. The project will not have an affect on the quantity and quality of ground waters, either through direct additions or withdrawals, The proposed project is required to comply with local G:\Ptanning\2005\PA05-0053 Legacy Corporate Center~Comm OP\Planning\lnitial Study.doc 13 development standards, including lot coverage and landscaping requirements, which will allow percoiation and ground water recharge. No impact is anticipated as a result of the proposed project 8. c.: Less Than Significant Impact: The proposed project would not substantially alter the existing drainag. pattern of the site or area, including the alteration of the course of a stream or river, in a manner which woul result in substantial erosion or siltation on- or off-site, The proposed project will include an on-site drainage plan; however it will not alter off-site drainage patterns or alter the course of a stream or river, and will not result in substantial erosion or siltation on-or off-site. The project is also required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge System (NPEDS) standards, which addresses drainage, siltation and erosion. A less than significant impact is anticipated as a result of the proposed project. 8, d.: Less Than Significant Impact: The 'proposed project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site because the project will not alter the course of a stream or river. The City of Temecula Public Works Department reviews all drainage plans and determines adequate drainage facilities are in place capable of on-site drainage and that off-site drainage facilities can accommodate additional flow. A less than significant impact is anticipated as a result of the proposed project 8, e.: Less Than Significant Impact: The proposed project would not create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. The project is required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge Elimination System standards, which address drainage and polluted runoff, A less than significant impact is anticipated as a result of the proposed project. 8, g.: No Impact: The proposed project is not a residential project and therefore will not place housing within. 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map 0 other flood hazard delineation map. No impact is anticipated as a result of the proposed project 8, h,: Less Than Significant Impact: A portion of the project is located within the 100-year flood limits of Murrieta Creek, thereby placing within a 100-year flood hazard area improvements that could impede or redirect flood flows, Conditions of approval will require the submittal of a drainage plan to address flow and drainage facilities. and payment of flood mitigation fees to the Riverside County Flood Control and Water Conservation District. A less than significant impact is anticipated as a result of the proposed project. 8, i.: Less Than Significant Impact: The proposed project is located in a Dam Inundation area for the Lake Skinner and Diamond Valley Reservoirs. Said dam is a 43,800 acre-feet earthen dam located to the north east and a failure would result in the flooding of Murrieta Creek. In the event of a massive dam failure, there is a potential for structure loss, however this is considered a remote potential. Minor dam failure would not result in significant loss of structures or loss of life, injury or death on the project site, A less than significant impact is anticipated as a result of the proposed project. 8, j,: No Impact: The proposed project is not located near a coast line which would be subject to inundation by seiche, tsunami, or mudflow. No impact is anticipated as a result of the proposed project. . G:\PJanning\2005\PA05-0053 Legacy Corporate Cenler-Comm DP\Planning\lnitiaJ Study.doc 14 9. LAND USE AND PLANNING. Would the project: a. b, c. Issues and $u rtin Information Sources Ph sicall divide an established communit ? Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning or9inance) adopted for the purpose of avoiding or mitigating an environmental effect? Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant 1m act POlentiaUy Significant Unless Mitigation Incor orated No 1m act Less Than Significant 1m acl x X X Comments: 9. a,-c: No Impact: The proposed project is consistent with the General Plan, currently zoned Light Industrial (L1), and will not divide an.established community or conflict with the appiicable land use plan. The iong term vision of the project is light industrial uses to promote the development of attractive comprehensively planned uses that will provide the City with a sound and diverse industrial base.. The project is consistent with the applicable Muiti Species Habitat Conservation Plan. In addition. the applicant fiied a Habitat Acquisition and Negotiation Strategy (HANS) application, The City of Temecula has not identified this property as a candidate for habitat acquisition. 10. MINERAL RESOURCES. Would the project: a, b. Issues and Su ortin Information Sources Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local eneral lan, s ecific Ian or other land use Ian? Potentially Significant 1m acl Potentially Significant Unless Mitigation Incor orated No 1m acl Less Than Significant 1m acl X X Comments: 10, a.-b,: No Impact: The proposed project is not located in an area that is known to include minerals that are considered of value to the region and/or the state. The proposed project will not result in the loss of a locally- important mineral resource because the project site, is not identified as an important site known to maintain such resources as shown in the Final EIR for the City of Temecula General Plan, No impact is anticipated as a result of the proposed project. . G;\Plannjng\2005\PAOS-0053 Legacy Corporate Center-Comm DP\Planning\lnilial Study.doc 15 11. NOISE. Would the project result in: Potentially Potentially Significant Unless less Than Significant Mitigation Significant No Issues and Sunnortinn Information Sources Impact Incorporated Imoact Imoact a. Exposure of persons to or generation of noise levels in X excess of standards established in the local general plan or noise ordinance, or applicable standards of other aoencies? b, Exposure of persons to or generation of excessive X oroundborne vibration or ground borne noise levels? c, A substantial permanent increase in ambient noise levels X in the project vicinity above levels existing without the proiect? d, A substantial temporary or periodic increase in ambient X noise levels in the project vicinity above levels existing without the proiect? e. For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would X the project expose people residing or working in the project area to excessive noise levels? Comments: . 11, a.-d.: Less Than Significant Impact: The site is currently vacant and development of the land will result in increases to noise levels during construction phases as well as increases to noise in the area over the long- term. However, long term operational noise levels will be required to be within noise level standards established by the Noise Element of the City of Temecula General Plan. No activities are anticipated within the proposed project that would expose persons to or generation of excessive ground borne vibration or ground borne noise levels. The project will create some noise levels over that currently emanating from the vacant land, However, those noises are not anticipated to create a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. The project may result in temporary or periodic increases in ambient noise levels during construction. Construction machinery is capable of producing noise in the range of 100+ DBA at 100 feet, which is considered annoying. However, noise from construction of the project will comply with City ordinances regulating the hours of activity to Monday through Friday from 6:30 a,m. to 6:30 p.m. and Saturday from 7:00 a.m, to 6:30 p.m. in industrial areas. No significant impacts are anticipated, 11, e,-f,: No Impact: This project is not within two miles of a public airport or private airstrip. Therefore, people working in the project are will not be exposed to excessive noise levels generated by an airport and no impacts will result from this project. . G:\Planning\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planning\lnitial Study.doc 16 12. POPULATION AND HOUSING. Would the project: a, b, c. Issues and $u artin Information Sources Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure? Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Displace substantial numbers of people, necessitating the construction of replacement housin elsewhere? Potentially Significant 1m acl Potentially Significant Unless Mitigation Incor orated No 1m acl less Than Significant 1m acl x x x Comments: 12. a,-c.: No Impact: The project will not induce substantial growth in the area either directly or indirectly. The project site is a light industrial project and residential uses are not proposed. The project site is vacant and will not displace substantial numbers of people or existing housing, as the site is developed within a iight industrial zone. The project will neither displace housing nor people, necessitating the construction of replacement housing. No impacts are anticipated as a result of this project. . PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated th the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? a b c d e Issues and Su rtin Information Sources Fire rotection? Police rotection? Schools? Parks? Other ublic facilities? Potentially Significant 1m acl Potentially Significant Unless Mitigation Incor orated No 1m act Less Than Significant 1m act x X X X X Comments: 13. a,-e.: Less Than Significant Impact: The project will have a less than significant impact upon. or result in a need for new or altered fire, police, recreation or other public facilities. The project will incrementally increase the need for some public services, However, the increase is expected to be a very small increment that can be addressed through the City's budget process, As a result, the project will have a less than significant impact upon the need for new or altered public facilities, The project will not have an impact upon, and will not result in a need for new or altered school facilities. The Rancho California Water District has been made aware of this project. Sewer and water is currently provided for the surrounding industrial development, ~ extending service to this site is possible, which would result in less than significant impacts as a result of the .,ject. No significant impacts are anticipated as a result of this project G:\Planning\2005\PA05-D053 Legacy Corporate Center-Comm DP\Planning\lnitial Study. doc 17 a. Issues and Su ortin Infonnation Sources Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilit would occur or be accelerated? Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Potentially Significant 1m act Potenlialty Significant Unless Mitigation Inco orated 14. RECREATION. Less Than Significant 1m act No 1m act x b, x Comments: 14. a.: No Impact: The project is a light industrial project in a light industrial zone, The project will not displace recreationally zoned lands or remove vacant lands that are used for recreational purposes, The anticipated need to increase the neighborhood or regional parks or other recreational facilities as a result of this project is not anticipated. No impacts are anticipated as a result of this project. 14. b,: No Impact: The proposed project does not include an open space or recreational aspect to the project. Furthermore, the project will not require the construction or expansion of additional recreational facilities. No impacts are anticipated as a result of the proposed project. . . G:\Pfanning\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planning\fnitiaf Study.doc 18 15. TRANSPORTATIONITRAFFIC. Would the project: a, b, c. d, e. f. g, Issues and Su ortin Information Sources Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or con estion at intersections? Exceed, either individually or cumulatively, a level of service standard established by the county congestion mana ement a enc for desi nated roads or hi hwa s? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safet risks? Substantially increase hazards due to a design feature (e,g" sharp curves or dangerous intersections) or incom atible uses e. "farm e ui ment)? Result in inade uate emer enc access? Result in inade uate arkin ca acit ? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g,. bus turnouts, bic cle racks ? Potentially Significant 1m act Potentially Significant Unless Mitigation Incor orated No 1m act Less Than Significant 1m act X X X X X X X Mmments: ~. a,-b: Less Than Significant Impact: The proposed project is located on the northwest corner of Remington Avenue, and Diaz Road, There wiU be an increase in vehicle trips on adjacent streets once the proposed project is developed. The City's Traffic Engineer has indicated that the project would have a less than significant impact to the existing road system because the existing roadways have been developed consistent with the City's General Plan in anticipation of the area's proposed industrial deveiopment. Due to the project's consistency with the General Plan, no further traffic studies were required for this project. Less than significant impacts are anticipated as a result of this project. , 15, c,: No Impact: The proposed project will not have an impact on the air traffic patterns and will not result in a substantial safety risk. This site is not within the French Valley Airport influence area. No impacts are anticipated as a result of the proposed project. 15, d-f.: No Impact: The proposed project will not result in hazards to safety from design features. The project is designed to current City standards and does not propose any hazards, The proposed project provides for adequate ingress and egress from the site, The Fire and Police Departments have reviewed the proposed project and have determined that adequate emergency access has been provided, In addition, on-site circulation has been reviewed using the emergency vehicle turning radius templates and it has been determined that on-site circulation is adequate for emergency vehicles, The proposed project will meet industrial and office use parking requirements per Chapter 17,24 of the Temecula Development Code. No impact is anticipated as a result of the proposed project. 15, g.: No Impact: The proposed project is consistent with adopted policies, plans, or programs supporting ...ernative transportation as identified in the adopted General Plan, Therefore, no impacts wiU result from this .ject. G:\Planning\2005\PA05~0053 Legacy Corporate Center-Comm DP\Planning\lnitial Study.doc 19 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a, b. c, d, e, f. g, Issues and Su rtin Infonnation Sources Exceed wastewater treatment requirements of the applicable Re ional Water Qualit Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or ex anded entitlements needed? Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Be served by a landfill with sufficient permitted capacity to accommodate the pro'ect's solid waste dis osal needs? Comply with federal, state, and local statutes and re ulations related to solid waste? Potentially Significant 1m acl Potentially Significant Unless Mitigation rnCQr orated Less Than Significant 1m acl X No 1m act X X X X X X Comments: 16, a,.b. e.: Less Than Significant Impact: The project will not exceed wastewater treatment requirements. require the construction of new treatment facilities, nor affect the capacity of treatment providers. The project will have an incremental effect upon existing systems, Since the project is consistent with the City's General Plan, less than significant impacts are anticipated as a result of this project. 16, C..: Less Than Significant Impact: The project will require or result in the construction of new storm water drainage facilities on site that will connect to the existing system currently in place along Remington Avenue, The design of the existing system is sufficient to handle the runoff from this project and will not require the expansion of existing facilities, the construction of which could cause significant environmental effects, Less than significant impacts are anticipated as a result of this project. 16. d. Less Than Significant Impact: The project will not significantly impact existing water supplies nor require expanded water entitlements, While the project will have an incremental impact upon existing systems, the Final Environmental Impact Report (FEIR) for the City's General Plan states: "RCWD anticipates supplying water to 167,640 persons within its service area in 2020 (p, 5.14-3)." The FEIR further states: "EMWD anticipates supplying water to 756,699 persons within its service area in 2020, (p, 5,14-3)." This anticipated water supply includes a portion of Temecula. Since the project is consistent with the City's General Plan, less than significant impacts are anticipated as a result of this project. 16, 1. g, :Less Than Significant Impact: The project will not result in a need for new landfill capacity. Any potential impacts from solid waste created by this development can be mitigated through participation i':ja Source Reduction and Recycling Programs. which are implemented by the City. Less than significant impact~ are anticipated as a result of this project. G:\Planning\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planning\lnitial Study.doc 20 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: a. b. c. Issues and Su rtin Infonnation Sources Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animai community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California histo or rehisto ? Does the project have impacts that are individually limited. but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current ro'ects, and the effects of robable future ro'ects? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directl or indirectl ? Comments: Potentially Significant 1m act Potentially Significant Unless Mitigation Inear orated No 1m act Less Than Significant 1m act x x x ti' a.: No Impact: This site, which has been previously graded and is surrounded by industrial development. es not contain any viable habitat for fish or wildlife species, This is an in-fill development and it does not ave the potential to: degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods ,of California history or prehistory. No impacts are anticipated as a result of this project. 17, b.: Less Than Significant Impact: The effects from this project are less than significant with Mitigation Measures incorporated into the project. The project will not have a cumulative effect on the environment since the project site is light industrial area in an urban area, surrounded by industrial development. All cumulative effects for the various land uses of the subject site as well as the surrounding developments were analyzed in the General Plan Environmental Impact Report. With the mitigation measures in place. the project will be consistent with the General Plan and Development Code. The cumulative impacts reiated to the future development of this site will not have a significant impact. 17, c,: Less Than Significant Impact: The project will not have environmental effects that would cause substantial adverse effects on human beings, directly or indirectly. The light industrial project will be designed and developed consistent with the Specific Plan, Development Code, and the General Plan, No significant impacts are anticipated as a result of this project. . G:\Planning\2005\PA05-0053 Legacy Corporate Center-Comm DP\PJanning\Jnitial Study.doc 21 . 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a. Earlier anal ses used. Identif earlier anal ses and state where the are available for review. b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed b miti ation measures based on the earlier anal sis. c, Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which the address site-specific conditions for the pro'ect. SOURCES 1, City of Temecula General Plan. 2. City of Temecula General Plan Final Environmental Impact Report. 3, Burrowing Owl Habitat Assessment, AMEC Earth and Environmental. Inc,. May, 2005 4. Geotechnical Report and Compaction Test Results Rough Grading Operations. EnGen, 1999. 5. URBEMIS Construction and Operational Emission Estimates, Synect Ecology (Environmental Consulting Services). G:\Planning\2005\PA05-0053 Legacy Corporate Center-Comm DP\Planning\lnitial Study. doc 22 . . . . . By placing my signature' below, I confirm that I have read, I understand and I accept all the above-mentioned 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 G:\Planning\2005\PA05-0199 Target PC & N\Planning\Draft-Final COA-largeI2.doc 5 . ITEM #3 . . . . . Date of Meeting: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August 3, 2005 Prepared by: Harmony Bales Title: Assistant Planner File Number PA04-0577 Application Type: Sign Program Project Description: Recommendation: (Check One) CEQA: (Check One) A comprehensive sign program for Winchester Pavilion commercial building, located on Winchester Road west of Jefferson Avenue. [ZJ Approve with Conditions o Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial [ZJ Categorically Exempt (Class) 15311 o Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR R:\Siglls\2004\PA04-0577 Winchester Pavillion\STAFF REPORT.doc PROJECT DATA SUMMARY Applicant: Paul Gupta, Sinaca Properties . Completion Date: November 8, 2004 Mandatory Action Deadline Date: August 3, 2005 General Plan Designation: Service Commerciai Zoning Designation: Service Commercial Site/Surrounding Land Use: Site: Retail/Office North: South: East: West: Office Retail Restaurant Retail/Office Lot Area: 1,15 Acres Total Floor Area/Ratio N/A Landscape Area/Coverage N/A . Parking Required/Provided N/A BACKGROUND SUMMARY [8] 1, Staff has worked with the applicant to ensure that ali concerns have been addressed regarding the Sign Program Application. ANALYSIS On January 1, 2004, the Planning Commission approved Planning Application No. PA 03-0176, a Development Plan to allow for the construction of a 17,505 square foot two-story commercial building on approximately 1,15 acres, The project was conditioned by the Planning Commission for the applicant to submit a comprehensive sign program to be reviewed and approved by the Planning Commission, Sign programs allow for flexibility in association with sign area, number of signs, location of signs and height of signs provided the program enhances the development and accomplishes the objectives of the Development Code, Construction of the building is nearing completion. The owner of Winchester Pavilion commissioned Sign-A-Rama to prepare a Comprehensive Sign Program for the development. On November 8, 2004, the applicant submitted a Comprehensive Sign Program Application for the Winchester Pavilion two-story building, The sign program proposes 9 wall mounted signs and 1 freestanding multi-tenant sign for a combined total of 10 signs, . R:\Signs\2004\PA04-0577 Winchester Pavillion\ST AFF REPORTdoc 2 . . . The sign program provIsions for wall mounted signs allow for internally illuminated channel letters and logo boxes. Non-illuminated letters, as an alternative, shall be made of extruded foam with acrylic laminated faces. A limited sign color palette is also proposed, The program identifies specific sign envelopes in which wall mounted signs and logos will be located on building facades. A maximum of one square foot of sign area is permitted per lineal foot of frontage for all tenants, Wall signs for tenants occupying the second story shail not cover more than 75% of the tenant's frontage. The maximum letter height within the center is 24 inches with a minimum of 8 inches. Two rows of copy shall not be higher than 36 inches. The sign area of the first story signs is 24 square feet and the second story is 18 square feet. The program also proposes a new multi-tenant freestanding sign aiong Winchester Road, The sign program allows for a 10 foot by 10 foot freestanding sign with 64 square feet of sign area. The freestanding sign will be constructed of stone, tile and aluminum and surrounded by 200 square feet of landscaping. The minimum panel height allowed for each tenant panel will be 10 inches with the minimum letter height being 5 inches. This is consistent with Section 17,28.230 of the Development Code. ENVIRONMENTAL DETERMINATION [8J 1, In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmentai review. (Class 11, Accessory Structures, Section 15311 (a)) CONCLUSION/RECOMMENDATION Staff has determined that the proposed Sign Program, subject to the proposed Conditions of Approval, for the Winchester Pavilion complies with the purpose and intent of the sign standards of the Development Code, Staff believes the proposed sign program wiil enhance the development and more fully accomplish adopted sign standards, As a result, staff recommends approval of the proposed sign program as conditioned. FINDINGS Sign Program (Code Section (17.28,080B) 1, The proposed signs enhance the development, and are in harmony with, and visually related to: a. All of the signs included in the sign program, This shall be accomplished by incorporating several common design elements such as materials, letter style. colors, illumination sign type, or sign shape; b, The buildings and/or the developments they identify by utilizing materials, colors, or design motifs included in the building being identified; and, c, Surrounding Development by not adversely affecting surrounding land uses or obscuring adjacent approved signs; The proposed sign program will enhance the development, is in harmony with and visually relates to all the signs included in the sign program by incorporating common design elements such as materials and illumination into the program. The sign program will incorporate similar materials used in the building within the design of the freestanding R:\Signs\2004\PA04-0sn Winchester Pavillion\STAFF REPORT doc ) tenant identification sign. The proposed sign program will not adversely affect the . surrounding development and land uses or obscure adjacent approved signs. 2. The sign program accommodates future revisions which may be required due to changes in building'tenants. The proposed sign program accommodates future revisions which may be required due to changes in building tenants by specifying that tenants vacating premises shall be responsible for the removal of their sign within 30 days of vacating the premises. This includes the removal of the signs, capping electrical wiring, filling all holes and painting wall surface. No new tenant signage will be approved until the prior signage has been removed and the area restored. 3. The proposed sign program, as conditioned, satisfies the intent or objectives of the Development Code and will enhance the development. The proposed program results in appropriate sign age that compliments the building architecture and aesthetics. ATTACHMENTS 1. PC Resolution 2005- _ - Blue Page 5 Exhibit A - Draft Conditions of Approval 2. Proposed Sign Program - Blue Page 6 . . R:\Signs\2004\PA04-0577 Winchester Pavillion\STAFF REPORT.doc 4 . . . ATTACHMENT NO.1 PC RESOLUTION 2004- R:\Signs\2004\PA04-0S77 Winchester Pavil1ion\STAFF REPORT.doc 5 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0577, TO ADOPT A COMPREHENSIVE SIGN PROGRAM FOR THE WINCHESTER PAVILION LOCATED ON WINCHESTER ROAD WEST OF JEFFERSON AVENUE, ALSO KNOWN AS ASSESSORS PARCEL NUMBER 909-270-017. WHEREAS, Sign-A-Rama, filed Planning Application No. PA04-0577, a Comprehensive Sign Program 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 August 3, 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. by reference. The above recitations are true and correct and are hereby incorporated Section 2. Findinos. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 17.28.080.B of the Temecula Municipal Code: ' A. The proposed signs enhance the development, and are in harmony with, and visually related to: 1. All of the signs included in the sign program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination sign type, or sign shape; 2. All of the signs included in the sign program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination sign type, or sign shape; 3. Surrounding Development by not adversely affecting surrounding land uses or obscuring adjacent approved signs; R:\Signs\2004\PA04-0577 Winchester Pavillion\PC RESO & COA'S.doc t The proposed sign program will enhance the development, is in harmony with and visually relates to all the signs included in the sign program by incorporating common . design elements such as materials and illumination into the program. The sign program will incorporate similar materials used in the building within the design of the freestanding tenant identification sign. The proposed sign program will not adversely affect the surrounding development and land uses or obscure adjacent approved signs. B. The sign program accommodates future revisions which may be required due to changes in building tenants. The proposed sign program accommodates future revisions which may be required due to changes in building tenants by specifying that tenants vacating premises shall be responsible for the removal of their sign within 30 days of vacating the premises. This includes the removal of the signs, capping electrical wiring, filling all holes and painting wall surface. No new tenant signage will be approved until the prior signage has been removed and the area restored. C. The proposed sign program, as conditioned, satisfies the intent or objectives of the Development Code and will enhance the development. The proposed program results in apwopriate signage that compliments the building architecture and aesthetics. Section 3. Environmental Compliance. This project is exempt from review under CEQA, pursuant to Section 15311 (Class 11 Categorical Exemption - Accessory Structures) of the CEQA Guidelines. Section 4. Conditions. That the City of Temecula Planning Commission hereby . conditionally approves the Comprehensive Sign Program Application, as set forth on attached 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 3rd day of August 2005. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] . R\Sicrns\2004\PA04-0577 Winchester Pavillion\PC 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 3rd day of August 2005, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\Signs\2004\PA04-0577 Winchester Pavillion\PC RESO & COA'S.doc 3 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL R:\Signs\2004\PA04-0577 Winchester P:lvillion\I'C RESO & COA'S.doc 4 . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0577 Project Description: A Comprehensive Sign Program for Winchester Pavilion commercial building located on Winchester Road west of Jefferson Avenue. TUMF NIA DIF Category: N/A MSHCP Category: NIA Assessor's Parcel Nos.: 909-270-017 Approval Date: August 3, 2005 Expiration Date: August 3, 2007 WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer shall deliver to the Pianning Department a cashier's check or money order made payable to the County Cierk 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/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)). R:\Signs\2004\PA04-0577 Winchester Pavillion\PC RESO & COA'S.uoc 5 . . . GENERAL REQUIREMENTS R:\Siglls\2004\PA04-0577 Winchester Pavillion\PC RESO & COA'S_doc 6 . . . Planning Department 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. 3. 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. 4. The Director of Planning may, upon an application being filed within thirty day 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. 5. The erection of signs on the premises shall substantially conform to the approved Exhibit "D" (Sign Program), contained on file with the Planning Department. 6. Landscaping installed around freestanding monument signs shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 7. 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. 8. The permittee shall obtain City approval for any modifications or revisions to the approval of this sign program. 9. All freestanding monument signs shall be required to incorporate architectural elements of the center into the design of each sign, including the top and sides, pursuant to Section 17.28.070 of the Development Code, to the satisfaction of the Director of Planning. 10. Illumination of all signs shall conform to the requirements of Ordinance No. 655 to reduce impacts on the Mount Palomar Observatory. R:\Signs\2004\PA04-0577 Winchester Pavilliol1\PC RESO & COA'S.doc 7 . PRIOR TO THE ISSUANCE OF BUILDING PERMITS . . R:\Signs\2004\PA04-0577 Winchester Pavillion\PC RESO & CONS. doc 8 . Building Department 11. A separate building permit shall be required for all signage. 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. Date Applicant's Signature Applicant's Printed Name . . R:\Signs\2004\PA04-0577 Winchester Pavillion\PC RESO & COA'S.doc 9 . . . ATTACHMENT NO.2 PROPOSED SIGN PROGRAM R:\Signs\2004\PA04-0577 Winchester Pavillion\STAFF REPORTdoc 6 . WINCHESTER P A VILLION 41720 WINCHERSTER RD. TENANT SIGN GUIDELINES AND . CRITERIA I SIGN*A*RAMA. . 'L#]lj:.:J II...."1:::t:4 'J[1>/~'1l"'~ '.#/ :::t.t~ l::t :. . TABLE OF CONTENTS Introduction & Tenant Responsibilities - page 3 Application Requirements - page 4 Definitions and Prohibited Signs - page 5 & 6 General Provisions For Sign Construction - page 7 Individual Tenant Wall Mounted Sign Design - page 8 Colors, Typestyles & Monument Sign Design - page 9 . . . 2 . . . INTRODUCTION This sign program has been prepared for the purpose of establishing and maintaining high standards of quality and aesthetics throughout the center for the mutual benefit of the tenants and owner of Winchester PaviIlion. In this spirit we have designed a sign program to provide a high degree of flexibility while maintaining the greatest amount of conformity. For this reason we request that as a tenant you abide by the requirements set forth in this program. Please review it before making any application for signs so that the process of your request will go smoothly. TENANT REPONSIBILITIES I. Tenant shall be responsible for the following: a. Obtaining all necessary municipal permits. b. Sign design for tenant(s) signs. c. Permit processing costs and application fees. d. Sign fabrication and installation. . e. All costs relating to signage maintenance, repair or removal, including repair of any damage to the building, i.e. patching & painting of building fascia. f. To maintain the appearance and operating condition of all signs once they are installed. g. The fulfillment of all requirements and specifications. h. Any costs associated with bringing the sign into compliance with this program or any municipal requirements. 2. Tenant must obtain approval from owner prior to submitting sign plans to the municipality for permits and/or fabrication or installation of any sign. 3. Tenant must abide by all of the above conditions if mOdifying or replacing any existing SIgn. 4. Tenant must use a fully licensed and insured Contractor with a State Contractor's license, a minimum $7,500 contractor's bond, and a minimum of$I,OOO,OOO liability insurance for all sign installations. 5. Tenant vacating the premises shall be responsible for the removal of their sign. This must accomplished within 30 days of vacating premises. Responsibility includes removal, capping electrical wiring, filling all holes and painting to as new condition. No new tenant signage shall be approved until the previous tenant signage is removed and building is restored. 3 APPLICATION REOUIREMENTS . 1. There is a formal process for the creation, review and approval of tenant signage. Prior to sign fabrication, plans for all proposed signage shall be submitted to the Owner or Authorized Agent who will review plans for conformance with the sign guidelines and criteria. All plans submitted for approval must conform to requirements of the criteria contained herein and the City of Temecula Sign Code Ordinances. The Owner shall have the discretionary authority to deny approval for any submittal, which does not comply with the intent or purpose of the sign guidelines and criteria. Lessee shall submit within thirty days after lease signing. For signage approval, include 3 sets of the following and submit to: a. Include with submittal, name, address and phone number of tenant. b. Name, address and phone number of Sign Contractor, copy of workman's compo Ins. Certificate, C-45 electric sign contractor's license copy and copy ofliability insurance certificate for at least $1,000,000.00. C. Elevation of structure showing all proposed signs indicating sign type, design, location, size and layout of sign drawn to scale and indicating . dimensions, attachment devices and construction details, colors, materials and lighting details. d. Section detail ofletters and/or sign element showing a dimensional projection of the face ofletters, method and intensity of illumination. e. Signs must be approved, installed and finaled prior to date Tenant opens for business or within thirty days of substantial completion oflandlords work, whichever is sooner. . 2. Following approval of proposed signage by the Owner, applications for all permits for fabrication and installation by Sign Contractor may be submitted to the City of Temecula Planning Department for approval, along with applicable sign permit applications to Building and Safety Department for approval and permit issuance. Tenant shall provide landlord a copy of signage building permits within 5 days after completion. 3. Fabrication and installation of all signs shall be performed in accordance with the standards and specifications outlined in these guidelines and in the final approved plans and working drawings. Following completion of sign age installation, tenant shall provide landlord copy of job card showing final city approval within 5 days of issuance. . 4 DEFINITIONS . Architectural element - Wall, fascia, or other surface defined by returns, corners or change in material Indirect Lighting - Lighting which reflects off of the surface being illuminated. Monument sign - Freestanding sign with a continuous base from the ground Owner - Individual or organization holding legal title to the property and f or the owner's agent specifically authorized by the owner to approve sign issues. Primary tenant sign - Wall sign incorporating business name and f or logos as approved by owner. Sign Area - Square feet as defined by the overall height multiplied by the overall length, less any spaces between words and areas between letter ascending and descending elements. Tenant - Businesses occupying lease space on the first or second floor of building #1. Wall Sign - Sign attached to a wall surface for the purpose of identifying individual tenants. . RESTRICTIONS Only those sign types specified by Ordinance No. 98-10 or most current sign ordinance of the City of Temecula and approved in writing by the Owner will be allowed. The following signs are prohibited: I. Prohibited Signs a. Signs other than those required for public safety, information or interpretive signage, shall be prohibited in any area designated as natural open space. b. Exposed junction boxes, transformers, lamps tubing or neon crossovers of any type. c. Typical internally-illuminated cabinet sign with acrylic material used for the entire sign face. d. Window signs or graphics other than those allowed for in this program. e. Roof signs or projecting signs. f. Painted window signs g. Any other signs not specifically allowed for in this program. . 2. Nonconforming Signs The owner may, at its sole discretion, correct, replace or remove any sign that is installed without written approval and/or that is deemed not to be in conformance with the plans as submitted and with the Sign Guidelines and Criteria. 5 3. Illegal Signs . Any sign that is deemed not to be in conformance with the approved Tenant Sign Guidelines and Criteria or erected without government approval or permits is considered an illegal sign. The Owner may, at its sole discretion, correct, replace or remove any illegal sign. 4. Abandoned Signs An abandoned sign is that whose use is discontinued because the premises upon which it is located becomes vacated and unoccupied for a period of more than 90 days or as specified in Section D, Chapter 17.28 of City Code. The Owner may, at its sole discretion, replace or remove any abandoned sign. Any expense incurred by Owner for correction or removal of non-conforming signs, illegal signs and abandoned signs will be the burden of the tenant and tenant will re-imburse owner for all costs upon receipt of invoice. . . 6 GENERAL PROVISIONS . I. Signs shall be designed in a manner that is compatible with and complementary to the overall project and adjacent facades. 2. Only those sign types provided for in the sign program will be allowed 3. Signage that incorporates logos, business identity, and/or images denoting the type of business shall be encouraged. Logo design and colors to be approved by the Owner and the City of Temecula. 4. Logo and letter heights, where specified, shall be determined by measuring the normal capital letter of a type font exclusive of typographic swashes, ascenders and descenders. 5. Signs shall be without visible means of attachment. 6. All sign fabrication work shall be of excellent quality. All logo images and type styles shall be accurately reproduced. The Owner reserves the right to reject any fabrication work deemed to be below standard. CONSTRUCTION REQUIREMENTS 1. 2. . 3. 4. 5. 6. All formed metal, such as letter forms, shall be fabricated using a minimum thickness of .040 aluminum. All signs must bear the U.L. label and the installation must comply with building and electrical codes. Depth of illuminated channel letters shall not exceed 5 inches. Neon inside illuminated channel letters shall be sufficient to make illumination even with no dull spots or hot spots. Signs illuminated with neon shall use 30 m.a. transformers. All illumination must match the exact specifications of the approved shop drawings. Penetrations into building walls shall be made waterproof. All channel letters must have drain holes at the bottom ofthe letters. Finished surfaces of metal shall be free from warping. All sign finishes shall be free of dust, orange peels, drips and runs and shall have a uniform surface conforming to the highest standards of the industry. 7. Neon shall be 6500 K. Number of rows of neon tube depends on width ofletter stroke. 8. In no case shall any manufacturer's label be visible from normal viewing angles. Except for code. . 7 TENANTS WALL MOUNTED SIGN CONSTRUCTION . Maximum area of signs shall be one square foot of sign area for each sign per lineal foot of building- footage. Wall signs for tenant occupying second story shall not cover more than 75% ofthe tenants frontage. 1. Internally illuminated channel letters shall be wall mounted. Internally illuminated logo boxes are encouraged provided the height of the logo box is no greater than the height of the largest letter and no wider than the 2 times the height of the largest letter. In no case will logo modules by themselves be allowed. 2. Maximum letter height within the center is 24" and the minimum letter height shall be no less than 8". Two rows of copy not to be higher than 36". 3. Maximum sign area for first floor is 24 square feet. Maximum sign area for second floor is 18 square feet. 4. Maximum sign length for first floor is 18 feet. The maximum sign length for second story signs is 13.5 feet. 5. Depth of illuminated channel letters shall not exceed 5 inches. Neon inside illuminated channel letters shall be sufficient to make illumination even with no dull spots or hot spots. . 6. External illumination is not permitted unless approved through a sign program. 7. Trim caps will match the color ofthe returns. 8.Each tenant is allowed one wall mounted sign. ALTERNATIVE WALL MOUNTED SIGNS 1. "Non-illuminated letters shall be 3 inches in depth. Minimum letter height shall be 8" but no more than 24". 2. Non-illuminated letters shall be made of extruded foam with acrylic laminated face. 3. Returns are to be painted the same color as the face of the letters or black. WINDOW SIGNS No window signs will be permitted without the approval of the Owner and the City of Temecula. No sign shall be installed, relocated or maintained so as to prevent free . 8 . . . access to or egress from any door. No more than 25% of the overall window space available shall be used for signage. COLORS The following guidelines are to be adhered to in selecting colors for signage. 1. Acrylic face colors allowed are blue #2114 or #2648, green #2108, orred #2793. Any exceptions are subject to design review by Owner and the City of Temecula. Returns and trim caps are to be Dk. Bronze or White. Colors within each sign should be harmoniously blended. Any deviation must be approved by the Owner and the City of Temecula. 2. Sign colors should provide variety and excitement. TYPESTYLES The use oflogos and distinctive typestyles is encouraged for all tenant signs. Letters may consist of upper and lower case letters. Acceptable fonts are Helvetica, Brush Script or Times New Roman. Any deviation must be approved by the Owner and the City of Temecula. MONUMENT SIGN I. Monument sign will be constructed of aluminum, stone and tile with applied internally illuminated cabinets. Color and Font styles are to be matched with the above color and font specifications. Any deviation must be approved by the Owner and the City of Temecula. The face of the tenant position shall y. inch thick metal with letters routered out ofthe metal and backed with 3/16" #2114 Blue acrylic. 2. Maximum structure height shall be 10 feet with a width of 10 feet. 3. Maximum sign area for each sign shall be 64 square feet (8ft x 8ft) including the name ofthe center. 4. Minimum panel height per tenant shall be 10 inches. The minimum letter height shall be 5 inches. 5. Minimum letter height for address numbers is 4". 6. Multi tenant identification sign shall include a 200 sq. ft. landscaped area consisting of flowering perennials, annual plants, or other plants which provide additional color, They shall be planted and replanted seasonally to maintain year round color. 9 II: 5:' a~ (f)~ 00 -lw Wo IW (f)W zZ -(/) (f)<t: $:(f) ~~ oa (f)ill , (jW ~~ . 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