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HomeMy WebLinkAbout121405 PC Agenda .." e...... , , . l ~, . c. ~::~ ~' In compliance with the American,s 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 accessibilit]! to thatmeetingfc28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA1PL~t-!NING COMMISSION REGUlAR MEETING CITY COUf1~IL CHAMBERS 43200BUS~SS PARK DRIVE Oecemberj~j'2005 - 6:30 P.M. *'******.. Next in Order: Resolution No. 2005-067 CALL TO ORDER FI.ag Salute: RollCall: Chairman Matftewson Chiniaeff, Guerriero, Harter, Telesio and Mathewson PUBLIC COMMENTS A total of 15 minutes: is provided socmel'llbers 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 tne Commission about an item not on the Agenda; a salmon colored "R'equest 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 filedc with the Commission Secretmy orior to theCtitj1mission addressing that item. There is a three (3) minute time limit for individual speakers. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under.Conser:\t.e111endar are considered to be routine and all will be enacted by one;roll~canvote"TJj~rewill be no discussion of these items unless Members of the PI~ln"ing commisil(jJ, request specific items be removed from the Consent Calendar l'or separate actiQJ1. COMMISSION BUSINESS 1 Planninq Application No. PA05-0284.Pubiic Convenience or Necessitv Findinqs. submitted bv Rebecca perryon behalf of The WineiSeHers. to conduct wine tastinq and sales. lOcated at 28480 Old Town'Ffor:il'STre'el. IID;f1ifffiloflvBales, Assistant Planner. .' .... ." R:\PLANCQMM\Agendas\2005\ 12.14.'J$l'(iilig.QI minutes.dQs',J . . ~..,,1 . ",,'.-'-- -- ---- ,_::..~..; "'i: .:;,--'~:'Jaili-~g~~:-: '_' _:__j;:~:,;::c; ", "~--Ii;,-~...."'r "--''Oll;l'''' c" ~,~l;;.~'ili~~l ", -.,',. ---"-"'. , ,,' " ~"'~........ - ,--.-..,.,' .. .,.- ""',, .~- ...--'--.:......._i~ ':';.'~ . ~uuc'"t~~i.., 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. Continued from December 7, 2005 2 PlanninQ Application No. PA05-0064. a Develooment Plan. submitted bv Matthew Faoan, for a Comprehensive Siqn ProQram for the MarQarita Crossinqs shopoinQ center on 5.56 acres, located on the southwest corner of MarQarita Road and Overland Drive, Stuart Fisk, . Associate Planner. New Ifems 3 PlanninQ Aoplication No. PA05-0232, a Development Plan, submitted bv Larry True. to . construct and operate a three-story. 47.897 square foot hotel with 92 units, located on the south side of Winchester Road. approximatelv 225 feet east of Jefferson Avenue. Stuart Fisk, Associate Planner. 4 PlanninQ Application No. PA05-0157. a Conditional Use Permit, submitted bv Claudia Mueller, to construct and operate a cellular telecommunication facility consistinQ of a 45-foot hiQh monopine with twelve cellular panel antennas and a 230 square foot eQuipment shelter within a 633 square foot lease area of a 3.57. located at 44526 PechanQa Parkway. Stuart 'Fisk. Associate Planner. 5 PlanninQ Application Nos. PA04-0490, PA04-0491. PA04-0492. a Tentative Tract Map. Conditional Use Permit. and Development Plan. for 428 residential units on 36.19 acres of a 47.72 acre site. The remainino acreaoe is located within the channel area for Temecula Creek and will not be developed as part of this proiect. The proiect includes 96 sinqle-familv units on 15.14 acres, 96 triolex units (in 32 buildinqs) and 236 fourolex units lin 59 buildinqs) on 21.05 acres, located on the northeast corner of the intersection of Lorna Linda Road and Temecula Lane. Christine Damko. Associate Planner. 6 PlanninQ Application No. PA05-0205, a Development Plan to construct a 3-story shell buildinQ consistinq of aporoximatelv 6.080 SQuare feet of retail/commercial office suites on 'the first floor, 5,137 SQuare feet on the second and 4,978 SQuare feet on the third for a total of 16.195 SQuare fee. located at 41955 Fourth Street. Veronica McCov, Associate Planner. . R:\PLANCOMM\Agendas\2005\ 12-14-05without minutes.doc 2 ........... . .. . ~-- , . 7 Planninq Application NOiPAE1S,0254, I1M.!&-0319. a Development Plan and Conditional Use Permit to construct a newcommerci'al.snoppinq center consistinq of five retail buildinqs tatalinQapproximatelv 73.000 square fee and a drive-thru automatic teller machine. located on HiQhwav 79 SO.uth approximatelv80€lcfeet west of Butterfield Staqe Road. Veronica McCav. Associate Planner.' COMMISSIONERS' REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next adjourned regular meeting:. Thursday, January 5, 2006, 6:30 PM, Council Chambers, 43200 Business Park Drive, Temecula, California. The Commission's regularly scheduled meetings of December 21, 2005, and January 4, 2006 will not be held. R:\PLANCOMMlAgendasI2005\ 12-14_05wilnQqt minute~:dgi\ ;'. . 3 . \':' z~ c - _,,-_.~~~~iit-..... .. " '. ,_ _ ,'m ;,2. .'_~,_.-;~~~ _:~~~7~:~_~~&1_~,~~~~~..!~i,-;:S?,F~e;co:~::~~j~~t-~-~<t~'~;0;:}~> . . ITEM #1 . . . . Date of Meeting: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION December 14, 2005 Title: Assistant Planner Prepared by: Harmony Bales File Number PA05-0284 Application Type: Public Convenience or Necessity Findings Project Description: Recommendation: (Check One) CEQA: (Check One) A Consideration of Finding of Public Convenience or Necessity to conduct wine tasting and sales within a 758 square foot suite located at 28480 Old Town Front Street, #D. (APN 922-024-023). [8] Approve Findings D Deny D Continue for Redesign D Continue to: D Recommend Approval with Conditions D Recommend Denial [8] Categorically Exempt (Class) 15301 D Notice of Determination D Negative Declaration D Mitigated Negative Declaration with Monitoring Plan DEIR G:\Planning\2005\PA05-0284 The Wine Sellers PCN\PIanning\StaffReport.doc 1 PROJECT DATA SUMMARY . Applicant: Rebecca Perry, The Wine Sellers Completion Date: . November 17, 2005 Mandatory Action Deadline Date: December 14, 2005 General Plan Designation: Community Commercial (CC) Zoning Designation: Specific Plan -1 (Old Town Specific Plan), Tourist Retail Core (TRC) Site/Surrounding Land Use: Site: Retail North: South: East: West: Restaurant Retail Retail Retail/Office Lot Area: .67 Total Floor Area/Ratio: N/A e Landscape Area/Coverage: N/A Parking Required/Provided: N/A BACKGROUND SUMMARY ~ 1. Staff has worked with the applicant to ensure that all concerns have been addressed. "The Wine Sellers" is requesting the Planning Commission make a Finding of Public Convenience or Necessity to authorize a wine tasting facility with retail sales of wines at 28480 Old Town Front Street, Suite D of the Hitching Post. The land use matrix (Table 1) in the Old Town Specific Plan allows wine tasting facilities as a permitted use. ANALYSIS The Wine Sellers is a wine store that will specialize in wines that cannot be found in typical retail markets. The store will also be carrying a variety of gifts in conjunction with wine sales and tasting. The hours of operation stated within the Statement of Operations is Wednesday thru Saturday from 11 am to 8pm and Sunday from 10am to 5pm. The Statement of Operation has been attached. Wine Tasting is a permitted use in the Tourist Retail Core (TRC) of the Old Town Specific Plan. Because this is a permitted use, a conditional use permit is not required, nor is the determination . that this project needs to be at least 500 feet away from sensitive uses. For a Finding of Public Convenience or Necessity to be made, the use shall be compatible with surrounding land uses. G:\Planning\200S\P A05.0284 The Wine Sellers PCN\Planning\Staff Report.doc 2 . . . It has been determined that this is so. Retail uses are adjacent to the project on the south and east. Retail and office uses are located to the west. A restaurant and a beer and wine garden are located just north of the project. The proposed project requires a Type 20 license (off-sale beer & wine - package store) and a Type 42 license (on-sale beer and wine - public premises) from the Department of Alcohol and Beverage Control (ABC). Staff has discussed the proposed project with the ABC staff and has determined that the Census Tract is over-concentrated in Type 42 and Type 20 licenses. Currently a total of 53 Type 42 licenses exist and three are allowed within Census Tract 432.15 before it is considered over-concentrated by ABC. A total of 12 Type 20 licenses exist in said Tract and two are allowed before the Census Tract is considered over-concentrated by ABC. When a Census Tract is over concentrated, state law requires a local finding of public convenience or necessity before an alcoholic beverage sales license will be issued by the Alcoholic Beverage Control Board. The Planning Commission has developed several criteria to determine whether or not a finding of Public Convenience or Necessity can be made. A new criteria was adopted by the City Council on May 24, 2005. The project is consistent with those findings located within Section 17.10 of the Development Code. ENVIRONMENTAL DETERMINATION [gI1. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Class 15301, existing facilities, no expansion of facilities). CONCLUSION/RECOMMENDATION Staff has reviewed the proposed project and has determined that the project is consistent with the General Plan and Development Code. Staff recommends the Planning Commission make the findings for Public Convenience or Necessity. In addition, staff recommends the Planning . Commission determine that the project is exempt from CEQA Guidelines, pursuant to Section 15301, Existing Faciliti~s. FINDINGS Criteria to justify makinq a findinq of Public Convenience or Necessitv: 1. Is the proposed use consistent with the General Plan and the Development Code? Yes. The proposed use is consistent with the General Plan land use designation for the site (Community Commercial) and Zoning (Old Town Specific Plan), as well as, the standards within the Development Code. 2. Is the proposed use is compatible with the nature, condition, and character of adjacent land uses? . G:\Planning\2005\PA05-0284 The Wine Sellers PCN\Planning\StaffReport.doc 3 Yes. The proposed project is compatible with the nature, condition and development of . adjacent uses, buildings, and structures because the proposed project will provide additional convenience for the community and allow the business to be competitive with other businesses selling wines and having wine tasting facilities. 3. Will the proposed use have an adverse effect on adjacent land uses? No. The proposed use is not expected to have an adverse effect on adjacent land uses. The site is adjacent to retail uses on the south and east. Located to the west of the project are retail and office uses, and to the north is a restaurant and beer and wine garden. 4. Would the proposed use result in an excessive number of similar establishments in close proximity? No. There is currently a Beer and Wine Garden and Stellers Cellars Wine Tasting Room in the Old Town District. In regards to over concentration, there are a total of 12 Type 20 licenses within Census Tract 432.15 and 2 are allowed before the Census Tract is considered over-concentrated by ABC. A total of 53 Type 42 licenses exist in said Tract and 3 are allowed before the Census Tract is considered over-concentrated by ABC. Type 42 licenses are generally given to facilities where wine tasting will occur. ATTACHMENTS 1. Vicinity Map - Blue Page 6 . 2. Plan Reductions - Blue Page 7 3. Statement of Operations Blue Page 10 4. Common ABC License Types - Blue Page 11 . G:\Planning\2005\P A05-0284 The Wine Sellers PCN\Planning\Staff Report.doc 4 . . . " ATTACHMENT NO.1 VICINITY MAP G:\Planning\2005\P A05-0284 The Wine Sellers PCN\Planning\Staff Report.doc 5 . . . . . !~> ATTACHMENT NO.2 PLAN REDUCTIONS G:\Planning\2005\PA05-0284 The Wine Sellers PCN\Planning\StaffReport.doc 6 ,;:-je~~!;~n:ff I I I I , I I I I I i I. I I I.. I ;'" . ,. "., . ". I I , , , , I I I. , .1 ,. I , , , .1 I , ," I I. I I , , r , I I ., , . 11 I: II ,I I' I I I I i 'I II . f i r ~ .~ - ~ V) \..)1 :::-0:: 2t .' ::<::<3 9::~ '.5~ \0~ 9...~ ~.~ ;illlllllll: ~ ; >~ ~i Ii . u ' 'If i! .. ~ 'j i ~ ~d ! . I ' !. ~l! '. ~. ~ hmdill I ~ I ilii. .~ihl'I'" , !I! !! . il:~ ~~Ilil I ~ l.t :. ;tl~ ~lil!l:"J Ii , . l i . l!i.' l:l!l!qi ~. , i. 'iou ~;Ii .1 \ I .,'. . \ 1 . It! !~~'l:i ,I . i ! t~:I~U .~!iil!i~iU :1 !I!~.I!I e",!1 li'l ~! I .1. .~il ~!h". ~1!!I.b II I . ~U ~'l!hU 4 ~~ ..'i;I i 1 . .' ~~.I . Qnl . . ~lkl ~'.~I . ~rl i . I ' 11 .! '1 ji , 1 \ ,I ! . !i I 11 , I , I , I , I! . I ~ '. . II ...-t! ~ · '.'! . J ' :~ ." . i. __ -1-- ____.__~ . ~--'--'---. . ' --~~ "'"",JJ"C~'" ii!. ...................... I I 1 ! /'..... . - .. . . -, '.' .... .... . . .. ... :', . .~ . I~~~' . ~i3;_il:: . ~~~ ~~~i . . . ATTACHMENT NO.3 STATEMENT OF OPERATIONS G:\Planning\2005\PA05-0284 The Wine Sellers PCN\Planning\Staff Report.doc 7 . Statement of Operations The Wine Sellers 28480 Old Town Front Street Temecula, Ca 92590 Carl and Rebecca Perry .. I. Hours and Days of Operation: Wednesday thru Saturday llam to Spm Sunday lOam to 5pm 2. Number of Employees: None 3. Number of Required Parking: None 4. Average Daily Peak Trips Generated Don't Know 5. Type of Equipment or Processes Used: Commercial wine refrigerator, Cash register, Shelving 6. Description of Hazardons materials None 7. Other descriptions the effectively describe the purpose use: The Wine Sellers is a California wine store the specializes in wines that can not be found in the markets, The store will also be carrying a wide variety of gifts that is related and not related to wine. About 40% of the business is in wine sells and the other is in unique gifts. We are planning to have a private tasting room where there are free tasting and free Wine glasses for the public to enjoy. Our goal at The Wine Sellers is to bring the wineries to the customer, thru a variety of different wines from the Central Coast, Napa, and Northern California. We are also planning on handing out maps that will explain and guide the customers to our very own wineries that are present in Temecula 8. Security Plan: We have an alarm system that will be up and operating when the business opens. 9. Approximate percentage of store products devoted to alcohol: The store is approximately 75Ssq ft. about 100 sq ft. is being used for wine display. 13% of the store products to be devoted to alcohol. . . . . ATTACHMENT NO.4 COMMON ABC LICENSE TYPES G:\Planning\2005\P AOS-0284 The Wine Sellers PCN\Planning\Staff Reportdoc 8 ..~~..B~,""+' - Department 01 Alcoholic Beverage Control COMMON ABC LICENSE TYPES AND THEIR BASIC PRIVILEGES State of California GRAY DAVIS. Governor Business, Transportat;on and Housing Agency MARIA CONTRERAS-SWEET. Secretary 02 20 21 23 40 .41 42 47 48 49 . ABC-616 (1102) DESCRIPTION BEER MANUF ACfURER . (Large Brewery) Authorizes the sale of beer to any person holding a license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer's licensed premises. Without any additional licenses, may sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturer's licensed premises or at a bona fide eating place contiguous to the manufacrurer's licensed premises. May conduct beer tastings under specified conditions Section 23357.3 . Minors are allowed on the remises. WINEGROWER. (Winery) Authorizes the sale of wine and brandy to any person holding a license authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold. Authorizes the sale of all wines and brandies, regardless of source, to consumers for consumption on the premises in a bona fide eating place that is located on the licensed premises or on .premises owned. by the licensee that are contiguous to the licensed premises and operated by and for the licensee. May possess wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating place. May conduct winetastings under prescribed conditions (Section 23356.1: Rule 53). Minors are allowed on the remises. OFF SALE BEER & WINE . (package Store) Authorizes the sale of beer and wine for consumption off the mises where sold. Minors are allowed on the ises. OFF SALE GENERAL. (package Store) Authorizes the sale of beer, wine and distilled spirits for consum tion off the remises where sold. Minors are allowed on the remises. SMALL BEER MANUFACTURER. (Brew Pub or Micro-brewery) Authorizes the same privileges and restrictions as a Type 0 I. A brewpub is typically a very small brewery with a restaurant. A micro- brewery is a small-scale brewery operation that typically is dedicated solely to the production of specialty beers, althou h some do have a restaurant or ub on their manufacturin lant. ON SALE BEER. (Bar, Tavern) Authorizes the sale of beer for consumption on or off the premises wbere sold. No wine or distilled spirits may be on the premises. Full meals are not required; however, sandwiches or snacks must be available. Minors are allowed on the remises. ON SALE BEER & WINE - EATING PLACE. (Restaurant) Authorizes the sale of beer and wine for consumption on or off the premises where sold. Distilled spirits may not be on the premises (except brandy, rum, or liqueurs for use solely for cooking pmposes). Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. - 9:00 a.m., 1]:00 a.m. - 2:00 p.m., and 6:00 p.m. - 9:00 p.m. Premises that are not open five days a week must serve meals on the da s the are 0 n. Minors are allowed on the remises. ON SALE BEER & WINE - PUBLIC PREMISES. (Bar, Tavern) Authorizes the sale of beer and wine for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not uired. ON SALE GENERAL - EATING PLACE. (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on ihe licensed premises. Authorizes the sale of beer and wine for consumption off the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal mea] hours thai they are open, at ]east five days a week. Normal mealtimes are 6:00 a.in. - 9:00 a.m., 1]:00 a.m. - 2:00 p.m., and 6:00 p.m. - 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are o n. Minors are allowed on the remises. ON SALE GENERAL -PUBLIC PREMISES. (Bar, Night Club) Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are not allowed to enter and remain (see Section 25663.5 for exec lion, musicians. Food service is not uired. ON SALE GENERAL - SEASONAL. Anthorizes the same privileges and restrictions as provided for a Type 47 license except it is issued for a specific season. Inclusive dates of operation are listed on the license certificate. ~f-f. EDUCt./': .:rf\EiIC %. oL "Do o ~.. Vol "1- ~-;~";" ~ T<. ~'jT ~ <{,"OL ~,.<> LICENSE TYPE 51 52 57 59 60 61 67 70 75' 80 ABC-616 (1/02) DE S CRIPTIO N CLUB _ Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. No off-sale privileges. Food service is not required. Minors are allowed on the emises. VETERAN'S CLUB . Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consmnption on the premises where sold. No off-sale privileges. Food service is not required. Minors are allowed on the mises. SPECIAL ON SALE GENERAL. Generally issued to certain organizations who cannot qualify for club licenses. Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. No off-sale privileges. Food service is not required. Minors are allowed on the mises. ON SALE BEER AND WINE - SEASONAL. Authorizes the same privileges as a Type 41. Issued for a s ific season. Inclusive dales of tion are listed on the license certificate. ON SALE BEER - SEASONAL - Authorizes the sale of beer only for consumption on or off the premises where sold. Issued for a specific season. Inclusive dates of operation are listed on the license cenificate. Wine or distilled s irits ma not be on the mises. Minors are allowed on the ises. ON SALE BEER - PUBLIC PREMISES. (Bar, Tavern) Authorizes the sale of beer only for consumption on or off the licensed premises. Wine or distilled spirits may not be on the premises. Minors are not allowed to enter and remain wamin si uired . Food service is not uired. BED AND BREAKFAST INN . Authorizes the sale of wine purchased from a licensed winegrower or wine wholesaler only to registered guests of the establishment for consumption on the premises. No beer or distilled spirits may be on the premises. Wine shall not be given away to guests, but the price of the wine shall be included in the price of the overnight transient occupancy accommodation. Removal of wine from the unds is not nnitted. Minors are allowed on the mises. ON SALE GENERAL - RESTRICTIVE SERVICE . Authorizes the sale or furnishing of beer, wine and distilled spirits for consumption on the premises to the establishment's overnight transient occupancy guests or their invitees. 'This license is normally issued to "suite-type" hotels and motels, which exercise the license privileges for guests' "complimentary" happy hour. Minors are allowed on the remises. ON SALE GENERAL - BREWPUB. (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consmnption on a bona fide eating place plus a limited amount of brewing of beer. Also authorizes the sale of beer and wine only for consumption off the premises where sold. Minors are allowed on the remises. BED AND BREAKFAST INN - GENERAL. Authorizes the sale of beer, wine and distilled spirits purchased from a licensed wholesaler or winegrower only to registered guests of the establishment for consumption on the premises. Alcoholic beverages shall not be given away to guests, but the price of the alcoholic beverage shall be included in the price of the overnight transient occupancy accommodation. Removal of alcoholic bevera es from the ounds is not rmitted. Minors are allowed on the remises. t!i.~~~.,,;E 00"<. ">.0 ... ",At._ "1- .;'I'.... Do oL " .., "t. ~,j<}~'!f '1"<. ":.t.. ~ 'bItOL -,.<> e . ITEM #2 . . . CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Stuart Fisk, Associate Planner December 14, 2005 Planning Application No. PA05-0064 - Margarita Crossings , Planning Application No. PA05-0064 is a Comprehensive Sign Program for the "Margarita Crossings" shopping center, located on a 5.56 acre site at the southwest corner of Margarita Road and Overland Drive (A.P.N. 921-810-026). The project was reviewed by the Planning Commission at the September 21, 2005 meeting. The Planning Commission expressed concerns with the intensity of the proposed sign color palette, and commenting on the enhanced architecture, expressed concern with the proposed signage detracting from the architecture. The Planning Commission relayed the importance of the signage blending in with the theme of the center and requested that the applicant revise the . sign program to address these concerns. The applicant submitted a revised sign program on October 25, 2005. The revised sign program incorporates the following revisions: 1. Text has been added to the "Sign Treatments" section on page 7 of the sign program to allow for '1lat cut out graphics with external lighting (gooseneck lamps)" and "projecting blade signs". Text and an illustration have also been added on page 10 of the proposed sign program (see "Section P' on page 10) to describe and illustrate '11at cut out letters or logos with gooseneck lamps". 2. The sign color palette on page 8 of the sign program has been revised to reduce the number of permitted sign colors and to propose colors with less intensity than previously proposed. The applicant has also added text on page 8 of the proposed sign prograrn to allow that "national, regional, or local tenants with more than five locations may use their own colors and are subject to Director of Planning approval". 3. As requested by staff, text has been revised for the illustrations on page 12 of the sign program to allow for a maximum letter height of 2'-6" for single line text and 3'-4" (overall height) when two lines of text are used. (Please note, however, that text at the right hand side of this page under "maximum letter/copy heighf' is not consistent with this revision as this section allows for a maximum letter height of 3'-4" for single line text and 4'-0" for stacked text as previously proposed.) . 4. Text has been added on pages 12 and 13 of the sign program stating that "artistic and creative logo designs are encouraged; therefore logos may exceed the overall sign height limits by 12 inches". G:\Planning\2005\PA05-0064 Margarita Crossings-Sign Program\Planning\Continuance Memo#6.doc 1 5. Text and illustration changes have been made on page 16 of the sign program that would eliminate an architectural detail element above the entry doors at the central tower of Building C (see Attachment 1 for approved elevation) to allow for an alternate sign location. e 6. Illustration revisions have been made on page 23 and 24 of the sign program that would revise the color of the simulated stucco finish on the tenant and center monument signs from grey to yellow. 7. Text and illustrations have been added to pages 25 and 26 of the sign program to illustrate the types of blade signs intended for the center and to define the dimensions and materials permitted for these signs. Some of the revisions to the sign program begin to address the Planning Commission's concerns with wall sign appearance and architectural integration. However, the proposed revision described in item 5 (above) would appear to detract from the architectural theme for the center. Furthermore, the types of signs that the Planning Commission initially had concerns with are still permitted by the proposed sign program and the newly proposed blade signs and wall signs consisting of "flat cut out letters or logos with gooseneck lighting" are merely additional design options that tenants may choose from. ATTACHMENTS 1. Approved Building C Center Tower Elevation - Blue Page 3 2. PC Resolution No. 05_ - Blue Page 4 Exhibit A - Draft Conditions of Approval e 3. September 21, 2005 Planning Commission Staff Report - Blue Page 5 4. Revised Sign Program - Blue Page 6 . G:\Planning\2005\PAOS-G064 Margarita Crossings-Sign Program\Planning\Continuance Memo#6.doc 2 . . . ATTACHMENT NO.1 APPROVED BUILDING C CENTER TOWER ELEVATION G:\Planning\2005\PA05-0064 Margarita Crossings-Sign Program\Planning\Continuance Memo#6.doc 3 ;.::~;iI;:":_ . a r------------------ I I .~----------------- - , , . . -, I ~2~:~:== ~~~~1 . . r -- --------. , . . L _________. ---..------ . ,// , . r-..:-:-......~--- , , , , . -, . I' I , . . .. -~----; , I , , , --- . I CD \ \ \ .\ "- \ / . APPROVED BUILDING C CENTER TOWER ELEVATION Attachment 1 . . . ATTACHMENT NO.2 PC RESOLUTION NO. 05-_ G:\Planning\2005\PA05-0064 Margarita Crossings-Sign Program\Planning\Continuance Memo#6.doc 4 - ,5':~~- . . . PC RESOLUTION NO. 05-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0064, A COMPREHENSIVE SIGN PROGRAM FOR THE "MARGARITA CROSSINGS" SHOPPING CENTER, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF MARGARITA ROAD AND OVERLAND DRIVE, ALSO KNOWN AS ASSESSOR PARCEL NUMBER 921-810-026. WHEREAS, Matthew Fagan, representing Pacific Development Partners, LLC, filed Planning Application No. PA05-0064, 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 December 14, 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. The above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinos. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 17.28.080.6 of the Temecula Municipal Code: A. As conditioned, the proposed sign program will preserve and improve the appearance of the City as viewed from Overland Drive and Margarita Road and the allowable sign age is appropriate for effective business signage by combining common design elements. B. The sign program accommodates future revisions which may be required due to changes in building tenants. C. The proposed sign program, as conditioned, satisfies the intent or objectives of the Development Code and will enhance the development. As conditioned, the proposed program results in appropriate signage that compliments the building architecture and aesthetics. G:\Planning\2005\PAOS.OO64 Margarita Crossings-Sign Program\Planning\Draft PC Reso & COAs - 12.14-05.doc 1 Section 3. Environmental Compliance. The project is categorically exempt from a environmental review (Class 11 - Accessory Structures) pursuant to section 15311 of the _ California Environmental Quality Act. Section 15311 applies when a project consists of construction, or replacement of minor structures accessory to existing commercial, industrial, or institutional facilities, including on-premise signs. 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 as though set forth in full. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 14th day of December, 2005. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] e 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 14th day of December, 2005, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary . G:\Planning\2005\PA05-0064 Margarita Crossings-Sign Program\Planning\Draft PC Reso & COAs - 12-14-05.doc 2 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL G:\Planning\2005\PA05-0064 Margarita Crossings-Sign Program\Planning\Draft PC Reso & COAs - 12-14-05.doc 3 . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA05-0064 Project Description: A Comprehensive Sign Program for the "Margarita Crossings" shopping center located on a 5.56 acre site at the southwest corner of Margarita Road and Overland Drive (A.P.N. 921-810-026). MSHCP Category: NA DIF Category: NA TUMF Category: NA Approval Date: December 14, 2005 Expiration Date: December 14, 2007 PLANNING DEPARTMENT . Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of 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)). General Requirements 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. . G:\Planning\2005\PA05*OO64 Margarita Crossings-Sign Program\Planning\Draft PC Reso & COAs - 12.14.05.doc 4 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 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. 6. The erection of signs on the premises shall substantially conform to the approved Sign Program, contained on file with the Planning Department. 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. 9. Illumination of all signs shall conform to the requirements of Ordinance No. 655 to reduce impacts on the Mount Palomar Observatory. 8. Prior to the Issuance of Building Permits 10. 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. Applicant's Signature Date Applicant's Printed Name G:\Planning\2005\PA05-0064 Margarita Crossings-Sign Program\Planning\Draft PC Reso & COAs - 12-14-05.doc 5 . . . . . . ATTACHMENT NO.3 SEPTEMBER 21, 2005 PLANNING COMMISSION STAFF REPORT G:\Planning\2005\PA05-Q064 Margarita Crossings-Sign Program\Planning\Continuance Memo#6.doc 5 -,:_':L"__.."~~,c.~~~:::t-"-" _ -,-;~~~l-:~""~~~~::-_ _'__ . . . STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: September 21, 2005 Prepared by: Stuart Fisk, AICP Title: Associate Planner File Number: PA05-0064 Application Type: Sign Program Project Description: A Comprehensive Sign Program for the Margarita Crossings shopping center (PA04-0563), located on a 5.S6 acre site at the southwest corner of Margarita Road and Overland Drive (A.P,N. 921-810-026). Recommendation: (Check One) I:8l Approve. with Conditions o Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial CECA: (Check One) I:8l Categorically Exempt (Class) Class 1 o Notice of Determination (Section) Section 15301 o Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR G:\Planning\2005\PAOS.OO64 Margarita Crossings-Sign Program\PJanning\STAFF REPORT. doc 1 PROJECT DATA SUMMARY Applicant: Matthew Fagan _i Completion Date: Marph 1, 2005 Mandatory Action Deadline Date: September 21, 2005 General Plan Designation: Community Commercial (CC) Zoning Designation: Community Commercial (CC) Site/Surrounding Land Use: Site: RetaiVRestauranVOffice North: South: East: West: RetaiVRestaurant Parking (Guidant) Multi-Family Residential Vacant Lot Area: 5.6 acres Building Area/Coverage: NA e Landscape Area/Coverage: NA Parking Required/Provided: NA BACKGROUND SUMMARY ~ 1. Staff has worked with the applicant to ensure that all concerns have been addressed; however, the following issues have not been resolved to the satisfaction of staff: a. Secondary signs (to display services and/or sub leases) permitted on Buildings A and B are not consistent with the Development Code or other recently approved sign programs. . b. Permitted letter heights are excessive in relation to the building size. c. The sign program contains incorrectly scaled exhibits. d. Tenant monument signs lack architectural elements required by the Development Code. . G:\Planning\2005\P A05-0064 Marganta Crossings-Sign Program\Plannmg'ST AFF REPORT.doc '2 .1 . '. BACKGROUND On June 1, 2005, the Planning Commission approved Planning Application number P A04-0563, a Development Plan to construct a 37,173 square foot mixed-use retaiVoffice/restaurant center. The project was conditioned that the related Sign Program application PA05-0064 be reviewed and approved by the Planning Commission prior to issuance of a building permit. The sign program application was submitted March 1, 2005. ANALYSIS The sign program proposes three different types of wall signs, tenant identification monument signs, and center identification signs. The sign program provides clear direction on the number of signs permitted for eac.h sign type as follows: · Sign A, Tenant Identification Monuments, 2 signs (7 panels x 2 sides = 14 panels per sign) . Sign 8, Center Identification Monument, 3 signs · Major/Pad Tenant Wall Signs (3 signs per elevation per tenant consisting of one . "primary" sign, one logo sign, and one "secondary" sign) · Shop Tenant Wall Signs (1 sign per elevation per tenant) . Restaurant Pad Wall Signs (3 signs) Staff initially reviewed the proposed sign program in March, 2005, and compared it to the sign regulations in the Development Code. Staff forwarded comments to the applicant on March 28, 2005 from this review. The first comment letter mainly consisted of requests for additional information and details to be added to the sign program, but also included the unresolv:ed issues listed below. The applicant submitted a revised sign program on June 30, '2005, that addressed many of the concerns that staff had with the initially submitted sign program. Therefore, staff prepared a staff and scheduled the application for the September 7, 2005, Planning Commission meeting. . Staff met with the,applicant on August 26, 2005 to discuss the unresolved issues outlined in the staff report and, at the applicants request, requested that the Planning Commission continue the project to the September 21 Planning Commission meeting. A second revision to the sign program was received on September 6, 2005. However, some issues have still not been resolved to the satisfaction of staff, including the following: . a. Staff recommends. that the project be conditioned that "secondary signs" (as called out on pages 12 and 13 of the sign program) be eliminated from the sign program and that, at the applicant's option, the sign program be revised to add text to allow that maximum tenant sign area shall not exceed one square foot per lineal foot of business frontage (see Condition of Approval No.9). This would allow for sublease tenant wall signs (provided that sublease tenants occupy a separate suite from the primary occupant), but would not allow for signs to display services, and would provide for consistency with the Development Code and other recently approved sign programs. The applicant has indicated disagreement with staff's recommendation based on a desire to allow for greater flexibility in the allowed sizes and locations of signs for sublease tenants. G:\P1anning\2005\PA05-0064 Margarita Crossings-Sign Program\Planning\ST AFF REPORT.doc 3 b. Staff believes that proposed letter heights are excessive in relation to the building size (6,000 square feet each) for Buildings "A" and "B". The applicant proposes that 40" high letters be permitted for single row text and that a height of 48" be permitted for stacked letters on these buildings. Consistent with other recently approved sign programs, staff recommends that the project be conditioned that permitted letter heights for Buildings "A" and "B" shall not exceed 30" for a single row of sign text or 40" for total stacked height where two lines of text is utilized (see Condition of Approval No.1 0). -J The applicant disagrees with staff's recommendation and believes that the size of Buildings "A" and "B" and the location of these buildings justify the proposed letter heights. Staff believes that the proposed letter heights are excessive and that the proposed letter heights for Buildings "A" and "B" cohflict with sign programs for other centers along Margarita Road in the vicinity of the project site. For instance, the sign program for the Overland Corporate Center, located at the northwest comer of Overland Drive and Margarita Road limits tenant wall signs to a height of 24 inches. Similarly, the sign program for Bel Villagio, located at the southwest corner of Margarita Road and North General Keamy Road, limits tenant wall signs to a height of 36 inches (single row or stacked) for tenants occupying up to 10,000 square feet. The sign program for the Power Center II, located at the northwest corner of Margarita Road and North General Kearny Road, limits tenant wall signs to a height of 24 inches (single row text) or 42 inches (total stacked height) for shop and pad tenants occupying up to 10,000 square feet. Staff believes that signs with the proposed height should be limited to larger retail stores, such as Lowes, Home Depot, Staples, or Sears. For these business, the buildings are typically very large, are situated more than 200 feet off the street, and the signs are typically 48 inches or more in height. Buildings "A" and "B" are each 6,000 square feet, are located approximately 30 feet away form Margarita Road, and are _ situated below the grad of Margarita Road, which places the wall signs for these ~ buildings nearly immediately adjacent to the street. c. The sign program contains incorrectly scaled exhibits. Staff recommends that the project be conditioned that the sign program be revised to eliminate the scale notations from all building elevations and monument sign elevations provided in the sign program (see Condition of Approval No. 11). The applicant's representative has indicated concurrence with this condition of approval. d. The Development Code states that monument signs shall use architectural elements at the top, base, and sides of the signs. Therefore, staff recommends that the project be conditioned that the right side of the tenant identification signs (signs A1 andA2) consist of stone so that both sides of the sign use architectural elements from the center as required by the Development Code (see Condition of Approval No. 12). At the time that this stat{ report was written, the applicant's representative was unable to provide a response as to why the third revision to the sign program did not address this issue. ENVIRONMENTAL DETERMINATION !8J 1. The project is categorically exempt from environmental review (Class 11 - Accessory Structures) pursuant to section 15311 of the California Environmental Quality Act. Section 15311 applies when a project consists of construction, or replacement of minor structures accessory to existing commercial, industrial, or institutional facilities, including . on-premise signs. e G:\Planning\2005\PAOS.OO64 Margarita Crossings-Sign Program\Planniog\STAFF REPORT.doc 4 Ie 'e . CONCLUSION/RECOMMENDATION Staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable ordinances, standards, guidelines, and policies. Therefore, staff recommends that the Planning Commission adopt a Resolution approving the Sign Program with the attached conditions of approval. FINDINGS Sign Program (Code Section 17.28.080.B) 1. As conditioned, the proposed sign program will preserve and improve the appearance of the City as viewed from Overland Drive and Margarita Road and the allowable signage is appropriate for effective business signage by combining common design elements. 2. 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'" '" c . . ~ o o N <; ~ ~ m ~ Ii: ~ ~ ,,; ~ '" " U Z '" Vi ~ '" Z Vi l3 ~ u 11 << '" '" << '" " . . . - n . '" '" J 0 ., 8 N c; ~ w m ::E [. ~ ., :;! ~ ~ t ~ u z '" .. ., '" z i!i ~ ii1 u ;,; ., '" '. '" ; ~ '" ::E .) () PC RESoLunON NO. 2005-_ A RESOLUnON OF THE PLANNING COMMISSION OF tHE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0064, A COMPREHENSIVE SIGN PROGRAM FOR THE "MARGARITA CROSSINGS" SHOPPING CENTER, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF MARGARITA ROAD AND OVERLAND DRIVE, ALSO KNOWN AS ASSESSOR PARCEL NUMBER 921.810-026. . /~-_., ! ) WHEREAS, Matthew Fagan, representing Pacific Development Partners, LLC, filed Planning Application No. PA05-0064, 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 September 21, 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. The above recitations are true and correct and are hereby incorporated by reference. , Section 2, Rndinas. The Planning Commission, in approving the Application herelJy makes the following findings as required by Section 17.28.080.8 of the Temecula Municipal Code: A. As conditioned, the proposed sign program will preserve and improve the appearance of the City as viewed from Overland Drive and Margarita Road and the allowable . signage is appropriate for effective business signage by combining common design elements. 8. The sign program accommodates future revisions which may be required due to changes in building tenants. c. The proposed sign program, as conditioned, satisfies the intent or objectives of the Development Code and will enhance the development. As conditioned, the proposed program results in appropriate signage that compliments the building architecture and aesthetics. , . G:\Planning\2005\PAOS-0064 Margarita Crossings-Sign Progrnm\PIanning\Draft PC Reso & COAs.doc I . . . Section 3. Environmental Compliance. The project is' categorically exempt from environmental review (Class 11 - Accessory Structures) pursuant to section 15311 of the California Environmental Quality Act. Section 15311 applies when a project consists of . construction, or replacement of minor structures accessory to existing commercial, industrial, or institutional facilities, including on-premise signs. (J 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 21 st day of September, 2005. ATTEST: David Mathewson, Chairman Debbie Ubnoske, Secretary [SEAL] ) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Plarining Commission, do hereby certify that PC Resolution No. 2005-~ was duly and regularly adopted by the Planning Commission of the City of T emecula at a regular meeting thereof held on the 21 st day of September, 2005, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary ) G:\P1anning\2005\PA05~OO64 Margarita Crossings-Sign Program\Planning\Draft PC Reso & COAs.doc 2 :l ..~ :t (~) EXHIBIT A City OF TEMECULA DRAFT CONDITIONS OF APPROVAL . Planning Application No.: PA05-0064 . Project Description: A Comprehensive Sign Program for the "Margarita Crossings" shopping center located on a 5.56 acre site at the southwest corner of Margarita Road arid . Overland Drive (A.P.N. 921-810-026). M8HCP Category: NA DIF Category: NA TUMF Category: NA Approval Date: September 21, 2005 Expiration Date: September 21, 2007 PLANNING DEPARTMENT " ") ! . Within Forty-Eight (48) Hours of the Approval of this PrOject 1. The applicanVdeveloper 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 Resource.s Code Section 211 08(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicanVdeveloper has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). . General Requirements 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the' Planning Application. The City shall be deemed for purposes of this condition, to include any ,agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant arid 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. . ( / . G:\Planning\2OO5\PA05-0064 Margarita Crossings-Sign Program\Planning\Draft PC Reso & COAs.doc 4 . .::=.- ec-.,a w(.qfA.r. ~- f)...., . rS ~ ~/8 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. 3. 5. . 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. . 6. The erection of signs on the premises shall SUbstantially conform to the approved Sign Program, contained on file with the Planning Department. If at anytime during excavation/construction of the site, archaeologicaVcultural 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 archaeologicaVcultural 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 archaeologicaVcultural 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. . . . 9. The sign program shall be revised to eliminate "secondary signs" (as called out on pages 12 and 13 of the sign program) be eliminated from the sign program. At the applicant's option, the sign program may be revised to add text to allow that maximum.tenant sign area shall not exceed one square foot per lineal foot of business frontage, subject to review and approval by the Director of Planning. . . 8. 10. The sign program shall be revised throughout to state that permitted letter heights shall not exceed 30"for a single row of sign text or. 40" for total stacked height where two lines of text is utilized. 11. The sign program shall be revised to eliminate scale notations from all building elevations and monument sign elevations provided in the sign program. 12. The sign program shall be .revised to require that the right side of the tenant identification signs (signs A1 and A2) consist of stone so that both sides of the sign use architectural elements from the center. . 13. Illumination of all signs shall conform to the requirements of Ordinance No. 655 to reduce impacts on the Mount Palomar Observatory. G:\P1anning\2005\PAOS-0064 Margarita CroSsings.Sign Prognun\PJanning\Draft PC Reso & COAs.doc .S ( ) , ) n (') ( ) ,/ Prior to the Issuance of Building Permits 14. A separate building permit shall be required for all signage. By placing my signature below, I confirm that I have read, understand and accept lill the aboVe Conditions of Approval. I further understand that the property shall be maintained in confonmance with these conditions of approval and that any changes' 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\P A05+Q064 Margarita Crossings-Sign Program\Planning\Draft PC Reso & COAs.doc 6 . e . . . . ATTAcHMENT NO.4 LE1TER FROM APPLICANT REQUESTING CONTINUANCE TO SEPTEMSER 21, 2005 HEARING G:\Planning\2005\P A05,OO64 M,,!garita Crossings-Sign Program\Planning\ST AFF REPORT.doc 9 - ~ (e / Matthew Fagan Consulting Services 42011 Avenida Vista Ladera Temecula, CA 92591 Phone: 951.699.2338 Fax: 951.694.4474 matthewfaqan(li!adelphia.net August 29, 2005 Mr. Stuart Fisk, Associate Planner City of Temecula Community Development Department - Planning Division 43200 Business Park Drive P. O. Box 9033 Temecula, CA92589-9033 Subject: Planning Commission Continuance Request for Planning Application No. PA05-0064 (Margarita Crossings Sign Program), located at the southwest comer of the intersection of Margarita Road and Overland Drive Dear Stuart: Based on our meeting last week and input from my client, this letter shall serve as a formal request to continue the above referenced Planning Application from the September 7, 2005 Planning Commission meeting to the September 21, 2005 Planning CommisSion meeting so We may have additional time to address outstanding comments on the Sign Program. Please feel free to call me at 951.699.2338 if you have any questions or need any . additional Information. Sincerely, ~ Matthew Fag n cc: Lars Andersen John Hadaya . . . 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STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: December 14, 2005 Prepared by: Stuart Fisk, AICP Title: Associate Planner File Number: PA05-0232 Application Type: Development Plan Project Description: A Development Plan to construct and operate a three-story, 47,897 square foot hotel with 94 units on a vacant 1.71 acre parcel, generally located on the south side of Winchester Road, approximately 225 feet east of, Jefferson Avenue, known as Assessor Parcel No. 910-310-011. Recommendation: (Check One) [8J Approve with Conditions D Deny D Continue for Redesign D Continue to: D Recommend Approval with Conditions D Recommend Denial CEQA: (Check One) [8J Categorically Exempt (Class) 32 D Notice of Determination (Section) 15332 D Negative Declaration D Mitigated Negative Declaration with Monitoring Plan DEIR G:\Planning\2005\PA05-0232 Marriott Fairfield ~ DP\Planning\STAFF REPORT.doc I PROJECT DATA SUMMARY . Applicant: Larry True Completion Date: August 8, 2005 Mandatory Action Deadline Date: December 14, 2005 General Plan Designation: HighwayfTourist Commercial (HTC) Zoning Designation: HighwayfTourist Commercial (HT) Site/Surrounding Land Use: Site: Vacant North: South: East: West: VacantlWinchester Road RetaiVRestaurant Interstate 15 Restaurant Lot Area: 1.71 acres Building Area/Lot Coverage: 16,138 square foot footprint /21.7% Floor Area Ratio: .65 . Landscape Area/Coverage: 24.5% Parking Required/Provided: 103 spaces required/103 spaces provided PROJECT DESCRIPTION The proposed project consists of a Development Plan application to construct and operate a three-story, 47,897 square foot Marriott Fairfield Inn & Suites hotel with 94 units, a swimming pool, spa, associated parking, landscaping, and private streets in the HighwayfTourist ,Commercial (HT) zone. Hotels are permitted uses in the HT zone with the approval of a Development Plan. The target Floor Area Ratio (FAR) in the HT zone is 0.30 and the FAR for the proposed project is 0.65. In order to grant an increased FAR, Section 17.08.050.A of the Development Code requires that the project provide exceptional architectural and landscape design amenities, or enhances public facilities or other outstanding and exceptional benefits to the City. Staff has analyzed the proposal and determined that the findings for increased FAR can be made, Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. . G:\Planning\2005\PA05-0232 Marriott Fairfield - DP\Planning\STAFF REPORT.doc 2 . ANALYSIS Site Plan . . The proposed use is consistent with the General Plan designation of HighwayfTourist Commercial (HTC) and zoning designation of HighwayfTourist Commercial (HT). The building meets the minimum setback requirements of the Development Code and the proposed lot coverage of 21.7 percent is well below the maximum allowed lot coverage of 30 percent. Staff has determined that 103 parking spaces are required to serve the proposed building and 103 spaces will be provided. Additionally, staff believes the distribution of parking is functional, providing access to all building entry points. The three-story hotel will be set back approximately 200 feet from Jefferson Avenue, approximately 100 feet from Winchester Road, and approximately 46 feet from the rear property line (Interstate 15). Floor Area Ratio (FAR) The project proposes to exceed the target FAR of 0.30 by 0.35 (0.65 FAR proposed). Staff has determined that the required findings can be made for granting a FAR increase to 0.65 because the project exceeds the minimum design standards outlined in the Design Guidelines, including architectural features and elements such as a stone base at the base of all canopy and trellis columns, numerous arches and "pop-outs", decorative brackets, mission style roofing, and decorative lighting at the entries. The landscaping provides exceptional design amenities in that the landscaping coverage exceeds the minimum area requirement by 4.5 percent on site and provides off-site landscaping at the northern portion of the site within the area between Winchester Road and the northern edge of the parking lot for the proposed project. Architecture Staff believes that the project proposes an exceptional' design that effectively breaks up the mass of the three-story structure with continuous "pop-outs" and varied rooflines. The proposed mission architectural style includes structural arches, window arches, stone veneer, mission style roofing, decorative brackets, recessed windows, and balcony elements. The proposed building provides multiple rooflines with a guest loading area that includes a covered canopy design to accentuate and match the architecture of the proposed building at the ground floor, varied rooflines at the third story level of the building, and tower elements that extend approximately eleven (11) feet above the third story roofline. High profile "S" roof tiles will include 20 percent boosting to provide a less uniform layout that will resemble barrel roof tiles. Ornamental iron railings are provided to screen heating and air-conditioning vents at the second and third stories. Because of the location of the building, adjacent to Interstate 15 and the Winchester Road overpass, the applicant has provided building articulation and detailing on all four sides of the building. Each entry is enhanced with decorative lighting and covered entries consisting of a covered canopy at the main entrance and faux balconies with recessed doors at the remaining entries. Circulation and Parkinq Access to the site will be provided from two private drive aisles off Jefferson Avenue to a drive aisle that will loop around the proposed building. The Public Works Department has analyzed G:\Planning\2005\PA05-0232 Marriott Fairfield. OP>.Planning\STAFF REPORT.doc 3 the projected traffic impact of the project and determined that the impacts are substantially . consistent with the traffic volumes projected for the site by the General Plan EIR. The Fire Department has also reviewed the plan and determined that there is proper access and circulation to provide emergency services to the site. The project is required to provide 103 parking spaces. The applicant proposes to provide 89 parking spaces on-site and to meet the requirement for the remaining 14 parking spaces through a reciprocal parking agreement with the commercial center located south of and adjacent to the project site. The existing commercial center does provide 40 parking spaces more than is required for the existing buildings. The project has been conditioned to record a Reciprocal Use and Maintenance Agreement ensuring access to adjacent parcels and defining maintenance responsibilities for all roads, drives, and parking areas prior to issuance of a building permit (see Condition of Approval number 62). Per Section 17.24.040 of the Development Code, the project is required to provide five handicap parking spaces. The applicant initially proposed four handicap parking spaces at the south end of the proposed building. Staff requested that a handicap parking space be added closer to the main entrance to the building. The applicant has added a handicap parking space at the north side of the main entry, but has eliminated one of the handicap parking spaces at the south side of the building, resulting in a total of four handicap parking spaces for the project. Staff recommends that the project be conditioned that a total of five handicap parking spaced be provided on site in order to meet the requirements of the Development Code (see Condition of Approval number 43). LandscapinQ The project proposes to landscape 18,252 square feet, or 24.5 percent of the site, which exceeds the minimum requirement of 20 percent in the Highwayffourist Commercial (HT) zone, The site provides landscaping around the perimeter of the site, including a 26-foot wide by approximately 130-foot long off.site landscaped area between Winchester Road and the northern edge of the parking lot for the proposed project. The project has been conditioned to maintain this area of off-site landscaping (see Condition of Approval number 10). The perimeter of the building, with the exception of the entry areas, is landscaped with planters that vary in depth from 3 feet to 13 feet. Tree and shrub placement around the perimeter of the site and the building will define the project area as will the selective use of accent trees and shrubs throughout the site. Proposed trees include Queen Palm, Cajeput, Camphor, Fern Pine, and Purple Leaf Plum trees. Proposed shrubs and vines include Creeping Fig, Ornamental Strawberry, Yellow Daylily, Flax, Carolina Laurel Cherry, Firethorn, Indian Hawthorn, and Star Jasmine. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be Categorically Exempt from further environmental review. (Class 32, Section 15332, In-Fill Development Project)~ G:\Planning\2005\PA05-0232 Maniott Fairfield - DP\Planning\STAFF REPORTdoc 4 . . . CONCLUSION/RECOMMENDATION Staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable ordinances, standards, guidelines, and policies. Therefore,staff recommends that the Planning Commission adopt a Resolution approving the Development Plan with the attached conditions of approval. FINDINGS Development Plan (Code Section 17.05.010.F) 1. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the City. . As conditioned, the proposal is consistent with the General Plan land use policies for Highway/Tourist Commercial (HTC) development in the City of Temecula General Plan. The General Plan has listed the proposed use as a typical use in the HighwayfTourist Commercial designation. The proposed project is consistent with the use regulations outlined in the Development Code for the Highway/Tourist Commercial zoning district. The Land Use Element of the General Plan requires that proposed buildings be compatible with existing buildings. The proposed hotel use is compatible with the surrounding commercial buildings currently located adjacent to the proposed site. The overall development of the land is designed for the protection of the public health, safety, and general welfare, 2. 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. Floor Area Ratio (FAR) Increase (Code Section 17.08.050) 3, The project provides exceptional architectural and landscape design amenities which reflect an attractive image and character for the city, The project provides exceptional architectural and landscaping design amenities, which reflect an attractive image and character for the city in that the project exceeds the minimum design standards outlined in the Design Guidelines, including architectural features and elements such as a stone at the base of all canopy and trellis columns, numerous arches and "pop-outs~ decorative brackets, mission style roofing, and decorative lighting at the entries, The landscaping provides exceptional design amenities in that the landscaping coverage exceeds the minimum area requirement by 4.5 percent on site and provides off-site landscaping at the northern portion of the site within the area between Winchester Road and the northern edge of the parking lot for the proposed project. . G:\Planning\2005\PA05-0232 Marrion Fairfield. DP\Planning\STAFF REPORT.doc 5 ATTACHMENTS e 1. Vicinity Map - Blue Page 7 2. Plan Reductions - Blue Page 8 3. PC Resolution No. 05-_ - Blue Page 9 Exhibit A - Conditions of Approval . . G:\Planning\2005\P AOS-0232 Marriott Fairfield - DP\Planning\ST AFF REPORT.doc 6 . . . ....c.- ",~- .-- ATTACHMENT NO.1 VICINITY MAP G:\Planning\2005\PA05-0232 Marriott Fairfield - DN>lanning\STAFFREPORT.doc 7 ..i,,,a-~"'t~~;;;::Z;:;=':"""GJ~- :--::;,,"~:"-:-?'T:2"::;::~:.L: "'-.. ,"-'''; ";;;:,.,,,',-. j'- -- e~" ~~-;,;:o.~.-, Vicinity Map . . . :=-- ATTACHMENT NO.2 PLAN REDUCTIONS G:\Planning\2005\PA05-0232 Marriott Fairfield - DP\Planning\STAFFREPORT.doc , 8 c.i...;.;,.::..,:::':::';<'.;c ..:..-"-:"-::.L:~:'::;:",:~:::L,,,,,;{ili:~~~,~;~g;i::_~~~ <( i! I ' I lill ~m Ihl !~ ~~ . -"I (9 U I~I ~'I~ Y' -( II ... ~ CI) E~ J ~~ ~ ~~ I!I! ~IiJ f-I ~ ;: ~! ~ ~! . I-LJ I I I I ii:I"11I .) %H mil ~ BUI a'li .J:;~:t I II III " -I :<: 61115a nii U~~ hi ~! 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';"'-". ..,-,-~~~~-,~.;;~".,- _L;~~,~;S:~~::i;'~~_:...:'_~::,,: :"'__:,C;:":'.c~':"_"~':-';<..'-_ .. -,-'",",_""",,,,,,>;,-,,-'-",,,,,,C'c'- G:\Planning\2005\P A05.0232 Marriott Fairfield - np\planning\ST AFF REPORT.doc 9 . . . PC RESOLUTION NO. os-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING A DEVELOPMENT PLAN TO CONSTRUCT AND OPERATE A THREE-STORY, 47,897 SQUARE FOOT HOTEL WITH 94 UNITS ON A VACANT 1.71 ACRE PARCEL, GENERALLY LOCATED ON THE SOUTH SIDE OF WINCHESTER ROAD, APPROXIMATELY 225 FEET EAST OF JEFFERSON AVENUE, KNOWN AS ASSESSOR PARCEL NO. 910-310-011 WHEREAS, Larry True, representing Herrick Development, filed Planning Application No. P A05-0232 (Development Plan) in a manner in accordance with the City of T emecula 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 December 14, 2005, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA05-0232 subject to conditions of approval after finding that the project proposed in Planning Application No. PA05-0232 conformed to the City of Temecula General Plan and Development Code. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs, The Planning Commission, in approving the Application, hereby makes the following findings as required by Section 176.05.010.F (Development Plan) of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for T emecula and with all applicable requirements of state law and other ordinances of the City; The proposal is consistent with the General Plan land use policies for HighwayfTourist Commercial (HTC) development in the City of Temecula General Plan. The General Plan has listed the proposed use as a typical use in the HighwayfTourist Commercial designation, The proposed project is consistent with the use regulations outlined in the Development Code for the HighwayfTourist Commercial zoning district. The Land Use Element of the General Plan requires that proposed buildings be compatible with existing buildings. The proposed hotel use is compatible with the surrounding commercial buildings currently located adjacent to the proposed site. G:\Ptanning\2005\PA05.0232 Marriod Fairfield. DP\Planning\Draft DP Raso.doc 1 B. The overall development of the land is designed for the protection of the public . health, safety, and general welfare; 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. Floor Area Ratio (FAR) Increase (Code Section 17.08.050): C. The project provides exceptional architectural and landscape design amenities which reflect an attractive image and character for the City; The project provides exceptional architectural and landscaping design amenities, which reflect an attractive image and character for the City in that the project exceeds the minimum design standards outlined in the Design Guidelines, including architectural features and elements such as a stone at the base of all canopy and trellis columns, numerous arches and "pop-outs'; decorative brackets, mission style roofing, and decorative lighting at the entries. The landscaping provides exceptional design amenities in that the landscaping coverage exceeds the minimum area requirement by 4.5 percent on site and provides oft- site landscaping at the northern portion of the site within the area between Winchester Road and the northern edge of the parking lot for the proposed project. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further . environmental review. (Class 32, Section 15332, In-Fill Development Project). Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Application, a request to construct and operate a three-story, 47,897 square foot hotel with 94 units on a vacant 1.71 acre parcel, generally located on the south side of Winchester Road, approximately 225 feet east of Jefferson Avenue, known as Assessor Parcel No. 910-310-011, as set forth on Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. G:\Planning\2005\PAOS.0232 Marriott Fairfield - DP\Plannlng\Draft DP Rasa.doc 2 . . . . Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 14th day of December, 2005. ' David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No, 05-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 14th day of December, 2005, by the following vote of the Commission: AYES: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: ABSTAIN: Debbie Ubnoske, Secretary G:\Planning\2005\PAOS-Q232 Marriott Fairfield - OP\Planning\Draft DP Raso.doc 3 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL G:IPlanning\200S\PAOS-Q232 Marriott Fairfield - DPIPlanninglDraft DP Reso,doc 4 . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA05-0232 Project Description: A Development Plan to construct and operate a three- story, 47,897 square foot hotel with 94 units on a vacant 1.71 acre parcel, generally located on the south side of Winchester Road, approximately 225 feet east of Jefferson Avenue. Assessor's Parcel No.: 910-310-011 MSHCP Category: DIF Category: TUMF Category: Commercial Service Commercial Service CommerciaVOffice Approval Date: December 14, 2005 Expiration Date: December 14, 2007 WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicanVdeveloper 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 21152 and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicanVdeveloper 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:\Planning\200S\PAOS-Q232 Marriott Fairfield - DPlPlanninglDraft DP COAs,doc 1 . . . GENERAL REQUIREMENTS G:\Planning\2005\PA05-Q232 Marriott Fairfield - DP\Planning\Draft DP COAs.doc 2 . 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 Citywith 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 (2) 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 extensions 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 matters 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 Color Drivit Finish (walls) - Main Body Vista Paint #49 Vista White Drivit Finish (walls) - Base Band Vista Paint #97 Mesquite Drivit Finish (walls) - Trim Vista Paint #51 Vista Tan Decorative Balconies Vista Paint #51 Vista Tan . Eaves & Brackets Rain Gutters Vista Paint #51 Vista Tan Vista Paint #49 Vista White G:\Planning\2005\PA05-0232 Marriott Fairfield - DP\Planning\Draft DP COAs.doc 3 Window Frames Window Glazing Roofing Painted Aluminum (Beige) Clear U.S. Tile - Mis~ion Blend "S" Tile with 20% Boosting . 10. The approximately 26-foot wide by 130-foot long off-site landscaped area between Winchester Road and the northern edge of the parking lot shall be maintained by the Developer. 11 , Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan, The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. Public Works Department 12. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to ,any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 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 improvement plans, grading plans, and raised landscaped median 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. 16. The project shall include construction-phase pollution prevention controls and permanent post-construction water quality protection measures into the design of the project to prevent non-permitted runoff from discharging offsite or entering any storm drain system or receiving water. 17. A Water Quality Management Plan (WQMP) shall be submitted to the City. The WQMP will include site design BMPs (Best Management Practices), source controls, and treatment mechanisms. 18. The northerly driveway on Jefferson Avenue will be restricted to a right-inJright-out movement. 19. The southerly driveway on Jefferson Avenue will be restricted to a right-inJright-out/left-in movement. . G:\Planning\2005\PAOS-Q232 Marriott Fairfield - DP\Planning\Draft DP COAs.doc 4 . Building Department 20. 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. 21. Obtain all building plans and permit approvals prior to commencement of any construction work. 22. Obtain street addressing for all proposed buildings prior to submittal for plan review. 23. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 24. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 25. 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, 94-25, 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 . Fire Department 26. 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. 27. 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-l. The developer shall provide for this project, a water system capable of delivering 3750 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM for a total fire flow of 4150 GPM with a 3 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III-A) 28. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-l. A minimum of 3 hydrants, in a combination of on-site and off- site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 400 feet apart, at each intersection and shall be located no more than 225 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) . G:\Planning\2005\PA05-0232 Marriott Fairfield - OPlPlanninglDratt DP COAs,doc 5 29. 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) . 30, 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) 31. 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) 32. 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) 33. 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. 34. If there are changes to underlying maps then prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in an ESRI Arclnfo/ ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. . 35, 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) 36. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the City; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) Community Services Department 37. The trash enclosures shall be large enough to accommodate a recycling bin, as well 'as, regular solid waste containers. 38. 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. 39. All parkways, landscaping, fencing and on site lighting shall be maintained by the property owner or maintenance association. 40. Construction of the future TCSD maintained landscaped median on Jefferson Avenue shall commence pursuant to a pre-construction meeting with the developer and TCSD . G:\Planning\2005\PA05-0232 Marriott Fairfield - DP\Planning\Draft DP COAs.doc 6 . . . 41. 42, Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. The developer, the developer's successor or assignee, shall be responsible for the maintenance of the landscaped median until such time as those responsibilities are accepted by the TCSD or other responsible party. The Applicant shall comply with the Public Art Ordinance. G:IPlanning\2005\PA05-0232 Marriott Fairfield -'DPIPlanninglDraft DP COAs,doc 7 . . . PRIOR TO ISSUANCE OF GRADING PERMITS G:\Planning\2005\PA05-0232 Marriott Fairfield - DP\Planning\Draft DP COAs.doc B . Planning Department 43. The site plan and grading plan shall indicate the provision of five handicap parking spaces. 44. 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. 45. 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. 46. . 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." 47. The following shall be completed and shall be included in the Notes Section of the Grading Plan: "Prior to the issuance of grading permits, the Project Applicant/Developer is required to enter into a Pre-Excavation Agreement with the Pechanga Band of Luiseiio Indians, This Agreement will address the treatment and disposition of cultural resources and human remains that may be uncovered during construction as well as provisions for tribal monitors." 48. The following shall be included in the Notes Section of the Grading Plan: "Tribal monitors from the Pechanga Band of Luiseiio Indians shall be allowed to monitor all grading, excavation, and ground-breaking activities within native soils in the Tribe's aboriginal territory, including further surveys, to be compensated by the Project Applicant/Developer. The Pechanga Tribal monitors will have the authority to temporarily stop and redirect grading activities to evaluate the significance of any archaeological resources discovered on the property, in conjunction with the archeologist and the Lead Agency." 49. The following shall be included in the Notes Section of the Grading Plan: ''The land owner agrees to relinquish ownership of all cultural resources, including all Luiseiio sacred items, burial goods, and all archeological artifacts that are found on the Project area to the Pechanga Band of Luiseiio Indians for proper treatment and disposition." 50. . 51. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites within the Project area are to be avoided and preserved." The following shall be included in the Notes Section of the Grading Plan: "If, during any ground-disturbing activities, any archeological or cultural resources are uncovered, the G:\Ptannjng\2005\PA05~0232 Marriott Fairfield - DP\Planning\Draft DP COAs.doc 9 Project ApplicanVDeveloper must contact the City and the Pechanga Band of Luiseno . Indians for the purposes of determining appropriate treatment of such resources. If any such resources are encountered, no further disturbance shall occur until the Tribe, the City, and the Project ApplicanVDeveloper can come to an agreement concerning appropriate treatment of such resources. 52. ThE! following shall be included in the Notes Section of the Grading Plan: "If human remains are encountered, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to CA Health and Safety Code Section 7050,5 and CA PRC Section 5097.98. The County Coroner must be notified of the find immediately by the Project ApplicanVDeveloper, If the remains are determined to be Native American, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). The MLD will be allowed to inspect the site of the discovery. The MLD shall complete the inspection and make recommendations for treatment within 24 hours of notification of the HAHC. Public Works Department 53. 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. 54. 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. . 55. 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, 56. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 57. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion & Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. 58. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities, 59. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: . G:\Planning\2005\PA05-0232 Marriott Fairfield - DP\Planning\Draft OP COAs.doc 10 . . . a. San Diego Regional Water Quality Control Board Riverside County Flood Control and Water ConseNation District Planning Department Department of Public Works b. c. d. 60. 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. 61. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water ConseNation 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. G:\Planning\2005\PA05-0232 Marriott Fairfield - DP\Planning\Draft DP CQAs.doc 11 . . . PRIOR TO ISSUANCE OF BUILDING PERMIT G:\Planning\2005\PA05-0232 Marriott Fairfield - DP\Planning\Draft DP COAs.doc 12 . Planning Department 62. A Reciprocal Use and Maintenance Agreement ensuring access to adjacent parcels and defining maintenance responsibilities for all roads, drives, and parking areas shall be provided and shall be recorded. 63. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. 64. 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. 65. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. 66. All downspouts shall be internalized. . 67. 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. One (1) copy of the approved grading plan. e. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). f. Total cost estimate of plantings and irrigation (in accordance with approved plan). g. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property, The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 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. . G:IPlanning\2005IPA05-0232 Marrio<< Fairfield - OPIPlanninglOraft OP COAs,doc 13 69. Building plans shall indicate that windows shall be recessed a minimum of 3.5 inches on the ground floor and from 1 to 2 inches on the second and third floors. . Public Works Department 70. Improvement plans and/or precise grading plans shall conform to applicable City of T emecula 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. 71. 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 Jefferson Avenue from Winchester Road to the southerly driveway on Jefferson Avenue (Major Highway Standards - 100' R1W) to include installation of drainage facilities, utilities (including but not limited to water and sewer), raised landscaped median. The Developer may apply for Development Impact Fee credit. 72. The Developer shall construct the following public improvements in 'conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a, Street improvements, which may include, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, signing, and striping. b. Storm drain facilities. c. Sewer and domestic water systems. d. Under grounding of proposed utility distribution lines. . 73. 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, 74. 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. 75. 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. 76. 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. . G:\Planning\2005\PA05-0232 Marriott Fairfield. DP\Planning\Draft DP COAs.doc 14 . Building Department 77. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 78, 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. 79. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1 , 1998) 80. Provide disabled access from the public way to the main ~ntrance of the building. 81. Provide van accessible parking located as close as possible to the main entry. . 82. The handicapped ramp at the north end accessible parking place is not permitted to encroach into the required loading area as provide in Section 1129B.4 of the California Building Code (CBC). Plans shall be revised to reflect this code requirement and reviewed during the plan check process. The swimming pool and spa shall have provisions installed in their respective decks for the installation of a lift mechanism for the use of the disabled. Such mechanism shall be kept readily available on site at all times. 83. 84. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Appendix Chapter 12, Section 1208A, of the 2001 edition of the California Building Code. 85. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review, submittal. 86. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. For developments with multiple buildings, each separate building shall be provided with a house meter. 87. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 88. Provide an approved automatic fire sprinkler system. 89. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 90. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. . G:\Planning\2005\PA05-Q232 Marriott Fairtield - DPIPlanninglDraft DP COAs,doc 15 91. A pre-construction meeting is required with the building inspector prior to the start of the building construction. . 92. Show all building setbacks on plot plan. Fire Department 93. 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) 94. 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) 95. 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) Community Services Department . 96. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 97. Landscape construction drawings for the landscaped median on Jefferson Avenue shall be reviewed and approved by the Director of Community Services. 98. The developer shall post security and enter into an agreement to install the landscaped median on Jefferson Avenue. . G:\Planning\2005\PAOS.0232 Marriott Fairfield - DP\Planning\Draft DP COAs.doc 16 . . . PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:\?lanning\2005\PAOS-Q232 Marriott Fairfield - DP\Planning\Draft DP COAs.doc 17 . . . Planning Department 99. 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 by constructing a sloping tile covered mansard roof element or other screening if reviewed and approved by the Director of Planning. 100. 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. 101. 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. 102. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded tex1 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." 103. 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. 104. 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. 105. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department 106. All public improvements, including the raised landscaped median, shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. G:IPlanning\2005\PA05-0232 Marriott Fairfield - OPIPlanninglDraft DP COAs,doc 18 107. 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. 108. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation, 109. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies:' a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works Fire Department 110. 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) 111. 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) 112. 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) 113. 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) 114. 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) 115. 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) G:\Planning\2005\PA05-0232 Marriott Fairtield - DP\Planning\Draft DP COAs.doc 19 . . . . . . 116. 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. Community Services Department 117. The landscaped median on Jefferson Avenue shall be completed, including the maintenance period, and accepted by TCSD. G:IPlanning\200SIPAOS.0232 Marno" Fairfield - DPIPlannlnglDraftDP COAs,doc 20 . . . OUTSIDE AGENCIES G:\Planning\2005\PA05-0232 Marriott Fairtield - DPIPlanninglDraft DP CQAs,doc 21 . . . 118. The applicant shall comply with the attached letter dated August 15, 2005, from the Rancho California Water District. 119. The applicant shall comply with the attached letter dated September 19, 2005 from the Riverside County Flood Control and Water Conservation District. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Date Applicant's Signature Applicant's Printed Name G:\Planning\2005\PA05-0232 Marriott Fairfield - DP\PJannlng\Draft DP COAs.doc 22 @ Bancha 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 Forbe Director of Finance-Treasurer E.P. "BobM Lemons Director of Engineering Perry R. Louck Director of Planning Jeff D. Armstrong Controller Linda M. Fregoso District Secretary/Administrative Services Manager C. Michael Cowett Best Best & Krieger LLP General Counsel August 15,2005 Stuart Fisk, Project Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 --\i "r: ;-~ "iI ), i ~ AUG 1 7 2005 ,_ v ________.. SUBJECT: WATER AVAILABILITY MARRIOTT FAIRFIELD INN PARCELS NO.5 AND NO.6 OF PARCEL MAP NO. 20668 APN 910-310-011; CITY PROJECT NO. PA05-0232 Dear Mr. Fisk: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site lIIld/or off-site water 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. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT 05\MM:atl29\FCF c: Laurie Williams, Engineering Services Supervisor 4~J02:o "~~ C....LlVORNIA , ~ _ATER ~. .lHS-.n...c-r ::::-:..,-.-- Rancho Calirornia Water District 42135WinchesterRoad . PostOfficeBoJl;9017 . Temecula,Califomia92589-9017 . (951}296-6900 . FAX(951)296-fi.860 WARREN D, WILLIAMS imeral Manager-Chief Engineer . . . 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 951.788,9965 FAX 51180.1 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT SEP 2 2 2005 City ofTemecula Planning Department Post Office Box 9033 Temecula, Califomia 92589-9033 Attention: )>T\' ""1'-"- f"I.> \c.- Ladies and Gentlemen: Re: :p~oc; -oz..~-z. 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 ~ 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 imerest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical comPQl)ent or extension of a master plan system, and District Area Urainage 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 checked comments do not in any way , ,constitute or imply District approval or enc!orsement of the proposed project With respect to flood hazard, public health and safety or any other such Issue: ' No comment. -->s- This project would not be Impacted by District Master Drainage Plan facilities nor are other facilities of regional Interest proposed. , ' This project involves District Master Plan facilities. The District will accept ownership of such facilities on written request of the City. Facilities must be constructed to District standards, and District plan check and , ins~on will be required for District acceptance. Plan check, inspection and administrative fees will be reqUIred. This project proposes chanriels, storm drains 36 inches or larger in diameter or other facilities that could be conSIdered regional in nature and/or a logical extension of the adopted . Master Drainage Plan. The District would consider accepting ownership ot Such taClllues on wntten request of the City, Facilities must be constructed to District standards, and District plan check and inspection wdl be required for District acceptance. Plan check, inspection and administrative fees will be required. ~ ,IN --,2L This project is located within the limits of the District's 1fI.1!.f+\~ ~-IJ!;...t~'" In-,- )>.rea Drainage Plan for which drainage fees have been adopted; applicable tees Should be paId by cashle~s check or money order only to the FloOd Control District or City pnor to final approval of the project, or in the case of a parcel map or subdivision prior to recordation of the final map. Fees to be paid should be at the rate in effect at the time of recordation, or if deferred, at the time of issuance of the actual permit. An encroachment permit shall be obtained for any construction related activities occurrtng within District right of way or facilities. For further information,' contact the District's encroachment permit section at 951,955.1266. , GENERAL INFORMATION This project may r~uire a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation, or other final approval should not be given until the City has determined that the project has been grantee a permit or IS shown to be exempt. If this project involves a Federal Emergen9' Management Agency (FEMAl mapped flood plain, then the City should require t1ie applicant to provide all studies ,calculations, plans and other Information re<juired to meel FEMA requirements, and should further ralluire that ihe applicant obtain a Conditional Letter of Map Revision ICLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior 0 occupancy, If a natural watercourse or mapped flood plain is impacted !?Y this prol'ect, the City should ralluire the applicant to obtain a Section 160111603 Agreement from the California Departmen of Fish and Game and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements, A Clean Water Act Section 401 Water Quality Certification may be requirea from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, ~#7 ARTURO DIAZ Senior Civil Engineer Date: p- /;1- t:75' c: Riverside County Planning Department Altn: David Mares ;.....A 118. The applicant shall comply with the attached letter dated August 15, 2005, from the Rancho . California Water District. 119. The applicant shall comply with the attached letter dated September 19, 2005 from the Riverside County Flood Control and Water Conservation District. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name . . G:\Planning\2005\PAOS.0232 Marriott Fairfield - DP\Planning\Draft DP COAs.doc 22 . . ITEM #4 . -,~'~l;;:g~ii>.b~~<>i:1-:':~~~;_.irr~~.:-..;;,__,:..L.<"'''~'~;k . . . STAFF REPORT - PLANNING , CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: December 14, 2005 Prepared by: Stuart Fisk Title: Associate Planner File Number PA05-0157 Application Type: Conditional Use Permit Project Description: A request for a Conditional Use Permit to construct and operate a cellular telecommunication facility consisting of a 45-foot high monopine with twelve cellular panel antennas and a 230 square foot equipment shelter within a 633 square foot lease area of a 3.57 acre site located at 44562 Pechanga Parkway (A.P.N. 961-010-024). Recommendation: i:8J Approve with Conditions o Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial CECA: i:8J Categorically Exempt (Class) 15303 o Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR G:\Planning\2005\P A05-0157 Nextel @ Hazit Mart CUP\Planning\ST AFF REPORT.doc 1 PROJECT DATA SUMMARY . Applicant: Completion Date: Claudia Mueller, Nextel May 24, 2005 Mandatory Action Deadline Date: December 14, 2005 General Plan Designation: Neighborhood Commercial (NC) Zoning Designation: Pala Road Planned Development Overlay District-1 (PDO-1) Site/Surrounding Land Use: Site: Hazit Mini Market and RV Storage Open Space/Flood Control Channel Single-Family Residential Commercial (U-Store-It self storage) Vacant North: South: East: West: Lot Area: 3.57 acres Landscape Area/Coverage: NA . Parking Required/Provided: NA BACKGROUND SUMMARY The application was submitted to the Planning Department on May 24, 2005. Initial plans for the project proposed the installation of a monopalm. Development Review Committee letters were mailed to the applicant on June 29, 2005 and on September 1, 2005. As a result of the comments provided by staff, the applicant revised the project and now proposes the installation of a monopine. Staff has worked with the applicant to ensure that all concerns have been addressed and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The applicant is requesting a Conditional Use Permit to construct and operate a cellular telecommunication facility consisting of a 45-foot high monopine with twelve cellular panel antennas and a 230 square foot equipment shelter within a 633 square foot lease area of a 3.57 acre site located at 44562 Pechanga Parkway. The proposed monopine and equipment shelter would be located behind the Hazit Mini Mart and a recreational vehicle storage building existing on the project site. Nextel states that efforts are currently underway in the Temecula area and in Riverside County to establish the required infrastructure for Nextel telecommunications network. The proposed facility will provide an integral link in Nextel Communications proposed for Temecula and . G:\Planning\2005\PA05-0157 Nextel @ Hazit Mart CUP\Planning\STAFF REPORT.doc 2 . . . Riverside County. At present, Nextel Communications is experiencing capacity problems as well as in-building coverage issues within the commercial and residential community surrounding the project site. Nextel selected three sites from their search ring for this location. The golf course located at 44501 Rainbow Canyon Road, the U-Haul Self Storage facility located on Pechanga Parkway, and the proposed site were approached before Nextel selected this site. A lease could not be negotiated for the golf course site, and the owners of the U-Haul Self Storage site informed Nextel that they were not interested in pursuing a negotiated deal with Nextel Communications. Staff has determined that the proposed monopine meets the intent of the general requirements for visual compatibility as defined in the Telecommunications Facility and Antenna Ordinance. Staff can make the required findings necessary to approve a forty-five foot high unmanned wireless telecommunication facility at the proposed location. TELECOMMUNICATIONS CONSULTANT FINDINGS/RECOMMENDATIONS The city's telecommunications consultant recommended that the proposed monopine include bark cladding from the base to the top of the trunk; that the proposed panel antennas should be camouflaged by pine-style covers; and that all antenna mounting brackets be painted to match the colors of the underlying trunk and adjacent branches. The plans do not indicate whether these elements are satisfied by the current design. Therefore, the project has been conditioned to provide for these elements (see Condition of Approval number 26, 27, and 28). ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be Categorically Exempt from further environmental review. (Class 3, Section 15303, New Construction of Small Structures) CONCLUSION/RECOMMENDATION The project has been determined by staff to be consistent with all applicable City ordinances, standards, guidelines, and policies. The project is compatible with surrounding developments in terms of design and quality, and staff recommends approval of this project. FINDINGS Conditional Use Permit (Code Section 17.040.010.E) 1. The proposed conditional use is consistent with the General Plan and the Development Code. The General Plan states that compatibility between adjacent land uses is essential to achieve a safe, efficient, and well-organized community. The proposed Conditional Use Permit is compatible with the surrounding land uses. The proposed use requires a minimal amount of servicing, which will create very little traffic. The proposed use is consistent with and meets all the requirements stated in the Telecommunications Facility and Antenna Ordinance. G:\Planning\2005\PAOS.0157 Nextel @ Hazit Mart CUP\Planning\STAFFREPORT.doc 3 2. The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. . The proposed project was designed to integrate with the existing buildings and landscaping on the project site. The equipment building will be located behind existing buildings and the proposed monopine is compatible with the on-site landscaping. , 3. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscaping and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. Planning staff has reviewed the requirements of the performance standards delineated in the Antenna Ordinance (Chapter 17.40), as well as the applicable sections of the Development Code, As a result, staff has determined that the proposed conditional use meets the requirements of the Development Code. 4. The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community. The location of the antennas within a privately owned commercial site makes them inaccessible to the general public. Furlhermore, provisions are made in the General Plan, the Development Code, and Building and Fire Safety Codes to ensure that the public health, safety, and welfare are safeguarded. The project is consistent with these documents and will be conditioned to meet all applicable requirements. In addition, wireless telecommunication facilities and antennas are not known to emit hazardous substances or emit amounts of radiofrequency energy (RF) above permitted levels as regulated by the Federal Communications Commission. . 5. The decision to conditionally approve the conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council. The project will be completely reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. ATTACHMENTS 1. Vicinity Map - Blue Page 5 2. Plan Reductions - Blue Page 6 3. PC Resolution No.05_ - Blue Page 7 Exhibit A - Draft Conditions of Approval 4. Telecommunications Consultant Correspondence . G:\Planning\2005\PA05-0157 Nextel @ Hazit Mart CUP\Planning\STAFF REPORT.doc 4 . . . ATTACHMENT NO.1 VICINITY MAP G:\Planning\2005\PA05-0157 Nexlel @ Hazit Mart CUP\Planning\STAFF REPORT.doc 5 ~:::~'~~~$::.2~Jl~~'2.~~L-2;o;.<,cy,-:~..;~-~~;:::ia:~l'~-~:"~~o:L..::_:"~~""'ili;;-:~~:;:..~~~~:-~,:~~_,o.:';::,- , i i ;~c:i;;:i~;lil"~'~:~~__:,~~lf:8t~e 0 ~"""-~1!:r:~:~~~:':~ \~~~~' . - . .~~ t\JJ -z L ~ -lK1~ "'-" ] . 17?,!I;\\:::LJ Vicinity Map l}:t ~ Y- \ l~ JY I f-. _ \ 0----.. !- , ~r\~ !. I~ I \ ~ I I ~ . ATTACHMENT NO.2 . PLAN REDUCTIONS . G:\Planning\2005\PA05-0157 Nextel @ Hazit Mart CUP\Planning\STAFF REPORT.doc 6 i ~ : ~~~~:~~_~~~'~~~~i::~j~~~'2::b;;~~~~1&1~.jj~~.~,.'~~.~~~~ ~~m~m~~._lo~~;;~;::b: ~{:t~i~~~~~'~~~~r~tY~~~tii~:ii1il m'.' -. !l il L ., - Iii I Ii A~ I~ II.. I -hi! 5~i, 'Ehgl I ~~li a.H~. u en!.j ~ t; W % .. ~ II- I ~ II I III II) .~ ~ z Z " a: 2 g I 0 I <t a: 0 t- ~ ~ z X ~ 0 W ...J Q u <t w :!: ~ a: llii W 0 'z 6 W i!l! z CJ II) g ~ ~. Ii I II i II udnll 1~:;~~:l;uU ~s .i [; < C\I II " ...J - ~ , ., ---.., . w z. 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I' , ~I : I., "11 V///////////L1/ifi/ ----- ----- - I I ~ , ~//////////////t , I i ~ /' '\ __~ (/ I~/ ~ _J_'.--'- . VII I! -. ill I I I 1'1 ---,-d II 'I I I I I I I I L_____ L i'l' ~~ ~~ ~~ g~ ;~ ,I ~ ~, ;. - ------ I " I I / I h~ ' ~.~ /' .J i- ~j~ ' '" 1<' - u. -"- - - :f ij, - - - - . ~$ -- 0'- ------ . III . S -It an~ a!~~~ i l ~l; ~. n s w ~ 5M~h II... '.* ~ I )t.(...~ !iI!!;b>l8- i'" . I II; !~ ~=15:la~ ==~~ ~ ~~ ..~ " 'I .-.. .... !::~!i~, lS" ~. I..., ""'"~'" ii :11 , hiln~il"m~~i~ I!l!i.,,!! I "l r~ml..h. 1iIiI::l . ~5G Stliiae:!~hl!l! ~g&;!I~~K~~Ee~~~~.I. . b , ,'[lOa rlt\ --........",~.".)'7~l'OII'JlJ(I'l. -.- _..'101___ . . . ATTACHMENT NO.3 PC RESOLUTION 05-_ G:\Planning\2005\PA05-0157 Nextel @ Hazit Mart CUP\Planning\ST AFF REPORT.doc 7 ~~~,;;~~l~;.~c_~~~_~:';;~~~~:~:Z~~~_~~~Y:J=-';~.:t~~~.lii~'"~~s,~<--_:~ ~- :"~~~ --;,"",n~~9~:.2-=2ki~ik;: :_ ~;~~;;~~":~k,~~k~~~~#1~~~1':J')ff;~~:~. . . .. PC RESOLUTION NO. 05-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0157, A CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE A WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF A 45- FOOT HIGH MONO PINE WITH TWELVE CELLULAR PANEL ANTENNAS AND A 230 SQUARE FOOT EQUIPMENT SHELTER WITHIN A 633 SQUARE FOOT LEASE AREA OF A 3.57 ACRE SITE LOCATED AT 44562 PECHANGA PARKWAY (A.P.N.961-010-024) WHEREAS, Claudia Mueller, representing Nextel, filed Planning Application No, PA05- 0157, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No, PA05-0157 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No. PA05-0157 on December 14, 2005, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No, PA05-0157 subject to the conditions after finding that the project proposed in Planning Application No, PA05-0157 conformed to the City of Temecula General Plan and Development Code; 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. ,Findinas, The Planning Commission, in approving Planning Application No, PA05-0157 (Conditional Use Permit) hereby makes the following findings as required by Section 17.04,010,E of the Temecula Municipal Code: Conditional Use Permit (17,04,010,E) A, The proposed conditional use is consistent with the General Plan and the Development Code; The General Plan states that compatibility between adjacent land uses is essential to achieve a safe, efficient, and well-organized community, The proposed Conditional Use Permit is compatible with the surrounding land uses, The proposed use requires a minimal amount of servicing, which will create very little traffic, The proposed use is consistent with and meets all the requirements stated in the Telecommunications Facility and Antenna Ordinance, G:\Planning\2005\PAOS.0157 Nextel @ Haut Mart CUP\Planning\Draft Reso.doc I 8, The proposed conditional use is compatible with the nature, condition, and . development of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures; The proposed project was designed to integrate with the existing buildings and landscaping on the project site, The equipment building will be located behind existing buildings and the proposed monopine is compatible with the on-site landscaping, C, The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscaping and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood; Planning staff has reviewed the requirements of the performance standards delineated in the Antenna Ordinance (Chapter 17.40), as well as the applicable sections of the Development Code, As a result, staff has determined that the proposed conditional use meets the requirements of the Development Code, D, The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community; The location of the antennas within a privately owned commercial site makes them inaccessible to the general public, Furthermore, provisions are made in the General Plan, the Development Code, and Building and Fire Safety Codes to ensure that the public health, safety, and welfare are safeguarded, The project is consistent with these documents and will be conditioned to meet all applicable requirements, In addition, wireless telecommunication facilities and antennas are not known to emit hazardous substances or emit amounts of radiofrequency energy (RF) above permitted levels as regulated by the Federal Communications Commission, . E, The decision to conditionally approve the conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council; The project will be completely reviewed, as a whole, in reference to a/l applicable codes and ordinances before the Planning Commission. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review, (Class 3, Section 15303, New Construction of Small Structures), Section 4. Conditions, That the City of Temecula Planning Commission hereby conditionally approves Planning Application No, PA05-0157 (Conditional Use Permit) to construct a wireless telecommunications facility consisting of a 45-foot high monopine with twelve cellular panel antennas and a 230 square foot equipment shelter within a 633 square foot lease area of a 3,57 acre site located at 44562 Pechanga Parkway, . G:\Planning\2005\PAOS.0157 Nextel @ Haul Mart CUP\Planning\Draft Reso.doc 2 . . . Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 14th day of December 2005, David Mathewson, Chairperson ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No, 05-_ was duly and regularly adopted by the Planning commission of the City of Temecula at a regular meeting thereof held on the 14th day of December, 2005, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\2005\PA05-0157 Nextel @ Hazit Mart CUP\Planning\Draft Reso.doc 3 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL G:\PIanning\2005\PA05-0157 Nextel @HazitMartCUP\Planning\DraftReso.doc 4 , ! , ~;i.~J~;~;';~,;;;;'~~,~~;;5;';;;;~~i1:>:~~L~:' ':':~i,i~~~~~~;~t, f:~;,~~-~..~dt=;~2:ili~d?-;:~,a~;; ,;~;i;;)~U~~~;f~t~:>;%:~;~::1J1~;:7;;$;~7.0;~J1i~~~UII . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA05-0157 Project Description: A Conditional Use Permit to construct and operate a cellular telecommunication facility consisting of a 45-foot high mono pine with twelve cellular panel antennas and a 230 square foot equipment shelter within a 633 square foot lease area of a 3.57 acre site located at 44562 Pechanga Parkway. Assessor's Parcel No.: 961-010-024 MSHCP Category: Exempt OIF Category: Exempt TUMF Category: Exempt Approval Date: December 14, 2005 . Expiration Date: December 14, 2007 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 21152 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:\Planning\2005\PA05-0157 Nextel @ Hazit Mart CUP\Planning\Draft COAs.doc 1 . . . GENERAL REQUIREMENTS G:\Planning\2005\PA05-o157 NeJdel @ Hazil Mart CUP\Planning\Draft COAs,doc 2 . . . 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 (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 6, 7, If at any time during excavation/construction of the site, archaeologicaVcultural 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, 8, This Conditional Use Permit may be revoked pursuant to Section 17,03,080 of the City's Development Code, 9, All conditions shall be complied with prior to any occupancy or use allowed by this Conditional Use Permit. Building and Safety Department 10, All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; G:\Planning\2005\PAOS.0157 Nextel @ Hazit Mart CUP\Planning\Draft COAs.doc 3 California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access . Regulations, and the Temecula Municipal Code, 11, 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.ol.way, 12, Obtain all building plans and perrnit approvals prior to commencement of any construction work, 13, Obtain street addressing for all proposed buildings prior to submittal lor plan review, 14, Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review, Fire Department 15, 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. 16, Fire Departrnent vehicle access roads shall maintain 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) . 17, During building construction, all locations where structures are to be built or altered shall maintain approved temporary Fire Department vehicle access roads lor use until permanent roads are installed, Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs, GVW, (CFC 8704,2 and 902,2,2,2) 18. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications, 19. 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 firefighting personnel. (CFC 902.4) 20, Provide a 2A:1 OBC fire extinguisher inside each building, enclosure or temporary structure on the site, 21, 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) 22, The applicant shall submit lor review and approval by the Riverside County Department 01 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 . G:\Planning\2005\PA05-0157 Nextal @ Hazit Mart CUP\Planning\Draft COAs.doc 4 . . . quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports, (CFC Appendix II-E) Community Services Department 23, 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, 24, The developer shall comply with the Public Art Ordinance, G:IPlanning\2005IPA05-0157 Nextel @ Hazit Mart CUPIPlanninglDraft COAs.doc 5 . . . PRIOR TO ISSUANCE OF BUILDING PERMIT G:\Planning1200S\PAOS-01S7 Nextel @ Hazll Mart CUP\PlannlnglDraft COAs,doc 6 . Planning Department 25, A Consistency Check fee shall be paid per the City of Temecula Fee Schedule, 26, The construction plans shall clearly indicate that the monopine will include bark cladding from the base to the top of the trunk, 27, The construction plans shall clearly indicate that all panel antennas will be camouflaged by pine-style covers, 28, The construction plans shall clearly indicate that all antenna mounting brackets will be painted to match the colors of the underlying trunk and adjacent branches of the monopine, 29. A maintenance/facility removal agreement, or enforceable provisions in a signed lease that will assure the intent of the Telecommunication Facility and Antenna Ordinance will be complied with, shall be signed by the applicant shall be submitted to the Planning Director, The agreement shall comply with all provisions set forth in Section 17.40,210 of the Ordinance, Building and Safety Department 30, Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance, . Community Services Department 31, 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\PAOS.0157 Nextal @ Hazit Mart CUP\Planning\Draft COAs.doc 7 . . . PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:\Planning\2005IPA05-0157 Naxtal @ Hazit Mart CUPIPianning\Draft COAs.doc 8 . Planning Department 32, Prior to the release of power, occupancy, or any use allowed by this permit, the applicant shall schedule an inspection with the Planning Department to insure that the monopine and antennas were installed in accordance with the approved plans, 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 . . G:\Planning\2005\PAOS.0157 Nextel @ Hazit Mart CUP\Planning\Draft COAs.doc 9 . . . g:;t;-~ ATTACHMENT NO.4 TELECOMMUNICATIONS CONSULTANT CORRESPONDENCE G:\Planning\2005\PA05-0157 Nextel @ Hazit Mart CUNlanning\ST AFF RE~RT.doc 8 _.__;"~''-2-=''',__'~'' .,~",c-"-",,,,,,,,_-,,,,,,;,,''''_'-__'_'>-e<...,',,,''_'_ :~_--t~"...~c.':':~~," ~;.,~\?~::!-"~-- . . 1,= ,. Kramer.Firm lnc. Telecommunications TedmoIogy CoW'lSel for GovemmentAgen- des and Private Institutions Since 1984 www.KnrnerFirm.com Main Office: Kramer@Kramerfinn.com .Tel +1 (310)4739900 Fax + I (310) -473 5900 Suite 306 200 I S. Banington Avenue Los Angeles, California 90025-5379 MEMORANDUM To: From: Date: Project: RE: Stuart Fisk, City of T emecula Jonathan L. Kramer August 19,2005 PA05-0 157 Nextel Wireless - "Hazit Mart" - 4452 Pechanga Parkway Physical Design Considerations Nextel initially proposed to install a new 45' AGL faux cellular "monopalm" tree to support its antennas, The proposed monopalm was out of place against the existing trees and canopy in the area, Nextel now proposes to install a 45' AGL faux cellular "monopine" tree to support its antennas, That design is far more compatible with the existing grove of trees adja- cent to t~e site, This is consistent with my prior recommendation, Proposed Antenna 'and Monopine Camouflage Techniques With this monopine configuration, three design elements are important, First, the design should show bark cladding from the base to the top of the trunk, Second, all panel antennas should ,be camouflaged by pine-style covers very similar to what Nextel now uses at the Norma Marshall Reservoir~ Third, all antenna mounting brackets should be painted to match the colors of the underlying trunk and adjacent branches, It is unclear from my review of the revised project whether these elements are satisfied by the current design, They should be part of the City's project condi- tions, Photo Simulations Nextel photo simulations were, initially, inadequate to properly represent the site as proposed, The most critical vista of the site, looking to the southeast from Pechanga Parkway, was omitted, Nextel's current photo simulation, using my photograph submitted in my prior report as the underlying image, now portrays the southeast view, That new photo simula- tion fairly depicts the project as currently proposed by Nextel. RF Safety Evaluation The FCC sets the national radio frequency emissions safety standards in the U,S, Additionally, the FCC "completely occupies the field" of standards setting in this sub- ject area, As such, the City is not permitted to independently set its own local stan- dards for radio frequency emissions higher, the same, or lower than the FCC national limits, but the City is authorized by the FCC to evaluate compliance with the federal I Kramer .Firm inc. Mr, Matt Peters Nextel: "Hazit Mart" PA05-01S7 August 19, 2005 Page 2 of2 emissions limits as described in FCC OET 65 in connection with wireless applica- tions, The proposed height of the cell antennas is higher than 10 meters AGL, and the structure supporting the proposed antennas will be exclusively dedicated to the cell site, therefore this site will be "categorically excluded" under the FCC OET 65 rules, Thus, further evaluation to determine compliance with the FCC OET 65 rules is not required or appropriate, I recommend that the City find that Nextel's project, if constructed as proposed, will be compliant with the FCC's OET 65 rules, Conclusion Subject to the three recommendations above regarding antenna covers, bark clad- ding, and antenna bracket painting, I' conclude that this project is now ready to pro- ceed through the balance of the planning process, IIjlk/1 . . . . . ITEM #5 . ~ ",-- .' -" "-,,', ...-oc,;"*"",,,<,-~,';C;-, ,;:...;;:~~~~~~ . . . STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: December 14, 2005 Prepared by: Christine Damko Title: Associate Planner File Number PA04-0490 PA04-0491 P A04-0492 Application Type: Vesting Tentative Tract Map, Conditional Use Permit, and Development Plan (Product Review) Project Description: The proposed project is a Tentative Tract Map, site development, and construction of 428 residential units on 36,19 acres of a 47,72 acre site, The remaining acreage is located within the channel area for Temecula Creek and will not be developed as part of this project. The project includes 96 single-family units on 15,14 acres, 96 triplex units (in 32 buildings) and 236 fourplex units (in 59 buildings) on 21,05 acres, The proposed project will be accessed via a gated entrance/exit on Temecula Lane and two gated entrances/exits on Loma Linda Road, The project also proposes a Conditional Use Permit to establish an affordable housing project within the Professional Office (PO) zoning district; and a Development Plan application for the architectural design of the residential units. Recommendation: (Check One) L8J Recommend Approval with Conditions D Deny D Continue for Redesign D Continue to: D Recommend Denial CECA: (Check One) L8J Categorically Exempt (Class) 15162 (Subsequent Negative Declaration) D Negative Declaration D Mitigated Negative Declaration with Monitoring Plan DEIR R:\T M\2004\04--04-90 31946 Temecula Lane\Draft STAFF REPORT template. doc I PROJECT DATA SUMMARY . Applicant: DR Horton Continental Completion Date: August 4, 2004 Mandatory Action Deadline Date: December 14, 2005 General Plan Designation: Professional Office Zoning Designation: Professional Office Site/Surrounding Land Use: Site: Vacant North: South: East: West: Temecula Creek Floodway (Open-Space Conservation) Earl Stanley Middle SchooVResidential homes in Wolf Creek Specific Plan Residential (Low Medium Density) Residential in the Wolf Creek Specific Plan Lot Area: 36,19 net acres Total Floor Area/Ratio: N/A . Landscape Area/Coverage: N/A Parking Required/Provided: Single Family Product: two covered spaces/unit required/two garages/unit provided plus on-street parking for guests provided. Tri-Plex/Six-Plex Product: 256 parking spaces required/192 garage and 64 bays. Four-Plex Product: 571 parking spaces required/354 garage and 218 bays, BACKGROUND SUMMARY I:8J 1, Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recornrnended Conditions of Approval. ANALYSIS Vesting Tentative Tract Map, PA04-0490 The proposed Vesting Tentative Tract Map is consistent with the Subdivision Ordinance, and General Plan. The Vesting Tentative Tract Map No, 31946 will create 96 residential home lots ranging in size from 4.000 to 8,531 square feet, one condominium lot for proposed four-plex units, one condorninium lot for proposed tri-plex/six-plex units, and nine open space lots, The Tract Map will create 107 total lots, The Multi-Family units will be sold as condorninium project, and therefore this portion of the Vesting Tentative Tract Map will be for Condominium purposes, . The current zoning and General Plan Land Use Designation on the proposed developrnent is Professional Office (PO), Since at the time this application was submitted to the City there were R:\T M\2004\04-0490 31946 Temecula Lane\Draft STAFF REPORT template.doc 2 . . . no development standards for multi-family housing in a Professional Office zone, staff has used multi-family standards from the Harveston Specific Plan, The proposed project offers three gated main entrances/exits, The main entrance to the single family product is located on the north side of Loma Linda Lane, while the multi-family product can access off of the east side of Temecula Lane or through a second entrance off of Loma Linda Lane, All streets within the development are private and connect the single family residential product with the multi-family product, which creates a community setting, The proposed access and circulation is consistent with the requirements of the Subdivision Ordinance, The Temecula Creek is channelized adjacent to the north property line of the site, The applicant has been required to keep this portion of the property as biological open space and therefore has created a 5,54 acre Open Space lot adjacent to the creek, In addition to the biological open space lot, the project proposes an additional eight lots totaling more than four acres of recreational/common area, These areas are strategically placed throughout the development to connect the different developments and provide open space for the residents, A pedestrian trail that connects with the City's trail system will also be provided around the development. Conditional Use Permit, PA 04-0491 According to Section 17,10,020,3 of the Development Code, affordable residential housing is permitted in the PO zone with an approved Conditional Use Permit. The development will set aside 86 of the 118 two bedroom homes located within the four-plex portion of the site will be set aside for home buyers who qualify for low income housing, This project is in compliance with the Government Code low income requirements and the Development Code, Development Plan (Product Review), PA04-0492 - Single Family (96 units) 1, Plan 1, two-story, 1,807 square feet (30 units) a, Spanish Colonial ( 12 units) b, Craftsman (8 un,its) c, Cottage (10 units) 2, Plan 2, two-story, 2,111 square feet (34 units) a, Spanish Colonial ( 14 units) b, Craftsman ( 11 units) c, Cottage (9 units) 3, Plan 3, two-story, 2,388 square feet (32 units) a, Spanish Colonial (9 units) b, Craftsman (11 units) c, Cottage (12 units) R\T M\2004\04-0490 31946 Temecula Lane\Draft STAFF REPORT template.doc 3 Architectural Review . The project proposes three (3) two-story floor plans and three (3) architectural styles. The architectural styles include Spanish Colonial, Craftsman, and Cottage, Staff feels that with the attached conditions of approval, the project meets the intent of the Development Code and Design Guidelines, The proposed elevations create a street scene with character as well as function, and visual variety, The various materials and features proposed include the following for each architectural style:' . Spanish Colonial: Varied roof pitches with a typical roof pitch of 5:12 (4:12 for Plan 2), smooth 20/30 sand stucco finish, flower pot shelves under windows (on all sides), Mullioned windows with trim (on all sides), decorative garage doors, wrought iron detailing, arched main entries with porches extending out beyond six feet, decorative piping (on all sides), decorative tile around prominent windows, decorative tile accents around main entry, stucco planter box on lower floor, stucco foam trim on second floor below garage and also on side elevations, and decorative lighting to front elevation, . Craftsman: Decorative stone columned porch extending out over six feet, wood-knee brace (on all sides), rafter tails, decorative stone to front and side elevations, upgraded garage doors, decorative shutters on prominent windows (on all sides) with foam trim around windows (all sides), varied roof pitches with a typical roof pitch of 5:12 (4:12 for Plan 3), light lace stucco finish, and decorative lighting, . Cottage: Upgraded decorative garage doors, decorative stone around main entry and . wrapping around to side elevations, decorative shutters on prominent windows (including sides), enhanced windows with mullions and foam trim (on all sides), decorative lighting, decorative stone planter box on first floor, decorative wood pot shelves on second story, varied roof pitches with a typical Joof pitch of 6:12, and light lace stucco finish, The applicant has provided specific details, which are unique to each style proposed on each elevation, including window types, window and door trim, garage door design, materials such as wrought iron details, stone, roof type and pitch, shutters and the overall silhouette, This project as also been conditioned to provide upgraded front doors on the construction building plans, each unique to the home's architectural style, Buildinq Elements/Mass, Heiqhl. and Scale The proposed project includes three (3) two story floor plans with three (3) elevations, The proposed maximum height for the units is 26'11". The proposed project includes two-story elevations that incorporate one-story elements, The units provide adequate articulation in roof forms and offsets to reduce massing and the elevations are visually broken up with offset stories, changes in materials, and/or sloping roof lines, Proposed enhancements include additional window shutters on second story sides and rears, additional building materials on sides and rears, and second story pop-out elements, Staff feels the proposed enhancements meet the requirements of the Design Guidelines, . R:\T M\2004\04-0490 31946 Temecula Lane\Draft STAFF REPORT template.doc 4 . . . Materials and Colors The project includes variation in both building materials and colors which help to provide variation and interest, as well as break up the massing of two story units, Each of the proposed elevation styles provide four color schemes, which will result in twelve compatible color schemes for the development. Brick, tile and stone are encouraged as paving and wall accents, and have been adequately integrated into the proposed elevations, Roof materials are compatible with the elevation style and complement the primary building colors, Product Placement Units have been plotted to avoid repetition in plan and elevation type, which creates an interesting and varied streetscape, No single-story units are proposed, however, single story elements on two-story products will avoid a "canyon" effect along the street. Multi Family Residential (91 Buildings) - Four-Plex Units (59 Buildings, 236 Units) 1, Plan 1, three stories, 1,071 square feet 2, Plan 2, three stories, 1,586 square feet The project proposed two (2) floorplans with four (4) variations of Spanish architecture, These variations include: . Spanish Colonial: This style combines elements of the different versions of the Spanish style, Specifically this style takes more of the ornate elements from the Santa Barbara (curving wainscots), some wood elements from the Monterey (louvered shutters) and some elements from the Mediterranean (decorative tile), . Santa Barbara: This style is slightly more ornate, It has more details such as wrought iron and deep recesses and incorporates more curving elements such as the curved wainscots and buttresses, . Mediterranean: Decorative tile patterns, stepped arches and stepped wainscots are combined with Spanish elements such as louvered shutters and awnings on prominent windows, . Monterey: This style is the simplest Spanish architecture, Fewer small scale details, straighter lines and details such as board shutters and trellises, The subtle architectural differences in these four different versions of Spanish architecture give interest and variation to the individual units but keep the smooth Spanish architectural flow throughout the buildings, The applicant has also provided upgraded garage doors and decorative lighting to the project. Tri-PlexlSix-Plex Units ( 32 Buildings, 96 units) 1, Plan 1, three stories, 1,340 square feet 2, Plan 2, two stories, 1,411 square feet 3. Plan 3, three stories, 548 square feet R:\T M\2004\04-0490 31946 Temecula Lane\Draft STAFF REPORT template.doc 5 The project proposes three (3) floor plans with four (4) different variations of Italian Rustic architecture, These variations include: Siena, Tuscan, Umbria, and Florence, . The various materials and features proposed include the following for each architectural variation of the Italian Rustic style: . Siena: Tower element with stone veneer, colored awnings, decorative wrought iron and wood detailing, . Tuscan: Arched entry with stone veneer, decorative shutters on prominent windows, hip roofs with projecting shed overhangs supported by diagonal braces, decorative wrought iron, and distinctive pattern of rectangular windows and shutters on the three story tower element. . Umbria: Broad gable stone wall entry, fabric awnings and decorative shutters on windows, rectangular and arched openings, . Florence: One story shedded stone entry with arched stone wainscot tower element, arched window pattern in three story tower element, decorative wrought iron and wood details, projecting eaves with wood braces, The project proposes sufficient architectural variation with these four different styles of Italian Rustic architecture, while keeping the look of the entire building consistent, smooth, and refined with keeping the architectural variations to a minimum, The applicant has also provided upgraded garage doors and decorative outdoor lighting to all units, A Recreation Building is located toward the center of the Multi-Family Residential portion of the project. The Recreation Building consists of a meeting room, HOA office, kitchen, and restrooms for the adjacent pool area, The building is consistent with the Rustic Italian architecture proposed for the Tri-plex buildings, . ENVIRONMENTAL DETERMINATION ~ 1, In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review, (CEQA Section 15162 subsequent EIR's and Negative Declarations), The project has been analyzed within the previously approved Mitigated Negative Declaration for PA04-0496, which is a stockpile and grading application proposed on the project site. The proposed project has been conditioned to comply with the approved Mitigated Negative Declaration and the Mitigation Monitoring Program (attached), CONCLUSION/RECOMMENDATION Staff has determined that this project is consistent with the General Plan, Development Code and Subdivision Ordinance and recommends approval based on the following findings and subject to the attached Conditions of Approval. . R:\T M\2004\Q4-0490 31946 Temecula Lane\Draft STAFF REPORT template.doc 6 . . . FINDINGS Tentative Tract Map (Code Section 16,09,140) 1, The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, the Subdivision Ordinance and the City of Temecula Municipal Code, Vesting Tentative Tract Map No, 31946 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code because the project has been designed in a manner that it is consistent with the General Plan, Subdivision Ordinance, Development Code, and the Municipal Code. 2. The tentative map does not propose to divide land, which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, This project is not located with the Williamson Act, and therefore does not propose to subdivide land that has been entered into an Agricultural Contract. 3. The site is physically suitable for the type and proposed density of development proposed by the tentative map, The project consists of a 107-lot 428 total residential units) Vesting Tentative Tract Map on property designated for high density residential uses (a portion which should be affordable housing), which is consistent with the General Plan, 4, The design of the subdivision and the proposed improvements, with conditions of approval, will not be likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. A Mitigated Negative Declaration was approved for the stockpile and grading permit, which addressed environmental impacts on the site, Mitigation measures (described in the Mitigation Monitoring Program), have been incorporated as conditions for this application, as appropriate, The application is consistent with the project description analyzed in the Mitigated Negative Declaration and no subsequent environmental review is necessary per Section 15162 of the California Environmental Quality Act, 5, The design of the subdivision and the type of improvements are not likely to cause serious public health problems, The project has been reviewed and commented on by the Fire Prevention Division and the Building & Safety Division, As a result, the project will be conditioned to address their concerns, Further, provisions are made in the General Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded, The project is consistent with these documents, 6, The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible, The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the construction of single- R\T M\2004\04-0490 31946 Temecula Lane\Draft STAFF REPORT template.doc 7 family residences the applicant will be required to submit building plans to the Building . Department that comply with the Uniform Building Code, which contains requirements for energy conservation, 7, The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, All required rights-of-way and easements have been provided on the Vesting Tentative Map, The Public Works Department and Community Services District have reviewed the proposed division of land and adequate conditions and/or modifications have been made to the Vesting Tentative Tract Map, 8, The subdivision is consistent with the City's parkland dedication requirements (Quimby), Appropriate parkland dedication and in-lieu fee swill be required as a Condition of Approval, 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 proposed multi and single-family development is permitted in the Professional Office Use designation standards contained in the City's Development Code, The Development . Code states that a residential use is permitted if affordable housing is provided on the portion of the project. The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of residential development proposed, The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), and fire and building codes, 2, The overall development of the land is designed for the protection of the public health, safety, and general welfare, The overall design of the single-family homes and multi-family development" including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those living and working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare, Conditional Use Permit (Code Section 17,04,010,E) 1, The proposed conditional use is consistent with the General Plan and the Development Code, The proposed conditional use is compatible with the nature, conditions and development . of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. R\T M\2004\04-0490 31946 Temecula Lane\Draft STAFF REPORT template.doc 8 . . . 2, The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures, The proposed conditional use is compatible with adjacent land uses as defined in the General Plan. Staff has reviewed the proposed residential use against the adjacent land uses and has determined that the proposed use will be consistent with the surrounding uses, The area in which the project is to be located is near existing residential uses, The proposed use will not adversely affect any of the surrounding uses because the project proposes a residential use surrounded by existing residential uses, 3, The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, ,and other development features prescribed in this Development Code and required by Planning Commission or Council in order to integrate the use with other uses in the neighborhood, The proposed project is consistent with the Development Code and Design Guidelines for the City of Temecula, Staff has reviewed the proposed project to determine consistency with the Development Code and has found that the project meets all of the applicable requirements. The site is adequate in size and shape to accommodate the proposed residential project without affecting the yard, parking and loading, landscaping, and other development features required by the Development Code in order to integrate the use with other uses on the site and in the neighborhood. 4, The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community, Staff has reviewed the proposed residential use and found that it will not be detrimental to the health, safety, or general welfare of the commUnity, Fire Prevention has reviewed circulation and drive aisle widths and has determined that the site will able to be adequately served by the Fire Department in an emergency situation, ATTACHMENTS 1, Plan Reductions - Vesting Tract Map - Blue Page 10 2, Plan Reductions - Product Review - Blue Page 11 3, PC Resolution No, 05-_ - Blue Page 12 Exhibit A - Draft Conditions of Approval 4. 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"IT",j "M \ I- y~,I(\, \\ \\~~_ I~-;l F \ ,,' T____ ------~~ ~_ ~I,!IIl" \ ~'" "I-- - W ~', 1\,' - -----'---~.::.- ';ji 11\\ i), '.,""~ J\" rrlt-----. ,. ., . , ;~tJ f' ,..)' ("2\ - 11'( "" II ~.Jl 1m "J U# ~...J' ~I' I~ I I-tDuIv ~L, ~~ \(II,~ '- ~'" "t1ff I li'~'~ !r,"'C '- ~:O 5. \~-=-=-------,---- (u~ 11""C. Ilur ::Ie '--- ~-- -=-=---. - ~ : ~ }.~ __-1./.:,.-1..". IICI w..raill('~!>>EET~I'J;( w..TG>f..11E1!e:5lEETU5) x . i 1 ! I . 2 Ii !! PI' m I Iii I I ! I I'! i ~ Ill' III II II li!lz~ ~i~~it~ , '. ~ 1 II ooaac2:1 ~.'" U' . . , , : J JI J : In; = i ili ~ i i i ~ , ; d 1" ,~ I ~ ~ 10 ~ ! i ! . ~ . nil; I' , L I ~ ! . i ! ! J lId ,! . 11 j ~ III ~ ~o H ~l !i v ~i ~" , i " "' ~ '0 ~ '1 ~ '- s;: I- Z \) OC ~ OJ ~ I}( ~ ~ -l ffi l: \I) '1: ~ J -l '1: . \l < ~ J ~ '1: z \) ;: ~ OJ uJ . " , 1111 ;;;::" ~ i .~~I ! i~~ 3" Ui!!~ ~ ~~~ 11~11iJ! i;] ~ ~ 'W :E-< Mill ~ ---' I I- '{: IU It => III a -' \l z IU I~ IllIU <(- It> I-It -'<( <(~ \l~ iLlll }-- 1--' -' ,IU Ill~ ZI- az i=~ <(<( >-, 1lJC\ IU<( u. o ~.' u- i ,! I I I I 111 ~ = i Iii ~ ~ i : ~ ~ ~ j" ~ ' I ~ I ! I! , I ! i . " " , i! Il > I' , h I ; ,0 , , , , , ! j 11' i ih . ATTACHMENT NO.3 . PC RESOLUTION NO. 05-_ . 1.-:..-.,: I~C~~;r~~~'4~~;~~~~':,":;~;~':~~:-f~~:~:~'~"'~Mili1,li~i.J.iiL'~i.i.-"". ---'~'"'-~:t:~~~~~,;;;~,~.c ~;;:..~,~(.~t~_:;:'~i.-<;.,~,~~~t~.~~~.~~. R:\T M\2004\Q4-0490 31946 Temecula Lane\Draft STAFF REPORT template.doc 12 . . . PC RESOLUTION NO. 05-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0490, VESTING TENTATIVE TRACT MAP; PA04- 0491, CONDITIONAL USE PERMIT; AND PA04-0492, DEVELOPMENT PLAN (PRODUCT REVIEW) FOR THE DEVELOPMENT OF 96 SINGLE-FAMILY UNITS, 96 TRI-PLEX UNITS, AND 236 FOUR-PLEX UNITS (428 TOTAL UNITS) LOCATED AT THE NORTH EASTERN CORNER OF THE INTERSECTION OF LOMA LINDA ROAD AND TEMECULA LANE WHEREAS, Continental Residential Inc., filed Planning Application No.'s PA04-0490, PA04-0491, and PA04-0492, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA04-0490, PA04-0491, and PA04-0492 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No.'s PA04-0490, PA04-0491, and PA04-0492 on December 14, 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 Planning Commission Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No.'s PA04-0490, PA04-0491, and PA04-0492 subject to the conditions after finding that the project proposed in Planning Application No.'s PA04-0490, PA04-0491, PA04-0492 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE PLANNING DIRECTOR OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs, The Planning Commission, in approving Planning Application No. PA05-0044 (Development Plan) hereby makes the following findings as required by Section 17,05,01 OF of the Temecula Municipal Code: R\T MI2004\04,0490 31946 TemecuI. LaueIDRAFf RESO AND COA'S,doc 1 Tentative Tract Map (Code Section 16.09,1400) . A, The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, the Subdivision Ordinance and the City of Temecula Municipal Code; Vesting Tentative Tract Map No, 31946 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the MunicIpal Code because the project has been designed in a manner that it is consistent with the General Plan, Subdivision Ordinance, Development Code, and the Municipal Code. B. The tentative map does not propose to divide land, which is subject to a contract entered to pursuant to the California Land Conservation Act of 1965; This project is not located with the Williamson Act, and therefore does not propose to subdivide land that has been entered into an Agricultural Contract. C. The site is physically suitable for the type and proposed density of development proposed by the tentative map; The project consists of a 107-lot 428 total residential units) Vesting Tentative Tract Map on property designated for high density residential uses (a portion which should be affordable housing), which is consistent with the General Plan. 0, The design of the subdivision and the proposed improvements, with conditions of approval, will not be likely to cause significant environmental damage or substantially and . avoidably injure fish or wildlife or their habitat; A Mitigated Negative Declaration was approved for the stockpile and grading permit, which addressed environmental impacts on the site. Mitigation measures (described in the Mitigation Monitoring Program), have been incorporated as conditions for this application, as appropriate. The application is consistent with the project description analyzed in the Mitigated Negative Declaration and no subsequent environmental review is necessary per Section 15162 of the California Environmental Quality Act. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The project has been reviewed and commented on by the Fire Prevention Division and the Building & Safety Division. As a result, the project will be conditioned to address their concerns. Further, provisions are made in the General Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded, The project is consistent with these documents. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible, Prior to the construction of single- family residences the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for . energy conservation, R\T M\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 2 . . . G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. All required rights-of-way and easements have been provided on the Vesting Tentative Map, The Public Works Department and Community Services District have reviewed the proposed division of land and adequate conditions andlor modifications have been made to the Vesting Tentative Tract Map. H. (Quimby), The subdivision is consistent with the City's parkland dedication requirements Appropriate parkland dedication and in-lieu fees will be required as a Condition of Approval. Conditional Use Permit (Code Section 17.04.010.E) A, The proposed conditional use is consistent with the General Plan and the Development Code; The proposed conditional use is compatible with the nature, conditions and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. B, The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures; The proposed conditional use is compatible with adjacent land uses as defined in the General Plan. Staff has reviewed the proposed residential use against the adjacent land uses and has determined that the proposed use will be consistent with the surrounding uses. The area in which the project is to be located is near existing residential uses. The proposed use will not adversely affect any of the surrounding uses because the project proposes a residential use surrounded by existing residential uses. C, The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by Planning Commission or Council in order to integrate the use with other uses in the neighborhood; The proposed project is consistent with the Development Code and Design Guidelines for the City of Temecula, Staff has reviewed the proposed project to determine consistency with the Development Code and has found that the project meets all of the applicable requirements. The site is adequate in size and shape to accommodate the proposed residential project without affecting the yard, parking and loading, landscaping, and other development features required by the Development Code in order to integrate the use with other uses on the site and in the neighborhood. D, The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; R\T M\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 3 Staff has reviewed the proposed residential use and found that it will not be detrimental to the health, safety, or general welfare of the community. Fire Prevention has reviewed circulation and drive aisle widths and has determined that the site will able to be adequately served by the Fire Department in an emergency situation. . Development Plan (Code Section 17.05,010F) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the City; The proposed multi and single-family development is permitted in the Professional Office Use designation standards contained in the City's Development Code. The Development Code states that a residential use is permitted if afforr;lable housing is provided on the portion of the project. The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of residential development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), and fire and building codes. B, The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the single-family homes and multi-family development, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those living and working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. . Section 3. Environmental Compliance. A Notice of Determination for Planning Application No.'s PA 04-0490, PA04-0491, and PA 04-0492 was prepared per the California Environmental Quality Act Guidelines Section 15162, In accordance with the Calilornia Environmental Quality Act, the proposed Project is exempt from further environmental review and a Notice of Determination will be issued in compliance with CEQA Section 15162 - Subsequent Negative Declaration. Section 4. Conditions, That the City of Temecula Planning Commission hereby approves Planning Application No.'s PA04-0490, a Vesting Tentative Tract Map, PA04-0491, Conditional Use Permit, and PA04-0492 a Development Plan (Product Review) for 428 residential units, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. . R:\TM\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 4 . . . Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 14th day of December 2005, David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 05-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 14th day of December 2005, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: NOES: ABSENT: ABSTAIN: Debbie Ubnoske, Secretary R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 5 . EXHIBIT A . DRAFT CONDITIONS OF APPROVAL . ! .j: R,\T Ml2004\04,0490 31946 Temecula Laue\1)RAFf RESO AND COA'S,doc ! . 6 L ~l ~~~'t~~:;;~~"';~.~iii~."~''''__~~i~if-'''';:F.if~~di\i~ . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0490 Project Description: A Vesting Tentative Tract Map to create 96 residential home lots, one condominium lot for proposed four- plex units, one condominium lot for proposed tri- plexlsix-plex units, and nine open space lots located at the north eastern corner of the intersection of Lorna Linda Road and Temecula Lane. DIF Category: Residential (attached and detached) Residential (single and multi-family) TUMF: MSHCP Category: Residential Tentative Tract No.: TM 31946 Approval Date: December 14, 2005 Expiration Date: December 14, 2008 WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1, The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64,00) for the County administrative fee, to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21108(b) and 'California Code 01 Regulations Section 15062, If within said forty-eight (48) hour period the applicant has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711,4(c). R:\T M\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 7 . . . GENERAL REQUIREMENTS R:\T M\2004\04-0490 31946 Temecula Lane\DRAfT RESO AND COA'S.doc 8 . . . 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 deerned for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, ernployees, consultants, contractors, legal counsel, and agents, City shall prornptly notify both the applicant and landowner of any c1airn, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense 01 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. The project and all subsequent projects within this site shall comply with all mitigation rneasures identified within the Negative Declaration for PA04-0496, and the approved Mitigation Monitoring Program (attached) thereof. 4. This approval shall in no way limit the City or other regulatory or service agencies frorn applying additional requirements and/or conditions consistent with applicable policies and standards upon the review of grading, building and other necessary permits and approvals for the project. This approval shall be used within three (3) 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 three (3) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 5, 6, The development of the premises shall substantially conform to the approved plans, contained on file with the Planning Department. 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 Departrnent for their files. 8. Fire Hydrants shall be installed prior to the start of any construction at the site, 9. Driveway widths shall comply with the driveway width requirements per City Standards, In order to allow for adequate street parking, the driveway widths at curbs will be limited to 24' maximum, 10, If, during construction, cultural resources are encountered, work shall be halted or diverted in the immediate area while a qualified archaeologist evaluates the finds and makes recommendations. In addition, the developer will coordinate with the Pechanga Band of Luiseiio Mission Indians to allow a representative of the Pechanga Band to monitor and participate in archaeological investigations if and when resources are R:\T M\2004\Q4-Q490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 9 encountered, including participation in discussions regarding the disposition of cultural . items and artifacts, 11. The Owner shall, without economic or other contribution by the City, identify, construct and thereafter maintain not less than 86 of the two bedroom homes in the four-plex component units for and as affordable housing units, The term "affordable housing unit" shall have the same meaning as is set forth in the Temecula Municipal Code, The units shall be maintained as affordable units by means of a written agreement and covenant/deed restriction that burdens the title to the subject property for the benefit of City, for the purpose of ensuring that the units are maintained as affordable for not less than 55 years, The form of agreement and covenant/deed restriction shall, for the City, be subject to the approval of the City Manager and City Attorney, The agreement shall specify, in addition to all other terms deemed necessary by the City and Owner to effectuate the intent of the parties, that 86 of two bedroom units shall be maintained as affordable, The affordable units shall be allocated to the low income categories as defined in Health and Safety Code ~50079,5, The Owner shall reimburse the City its reasonable cost of preparing the Agreements including attorney fees and staff time, No building permit shall be issued by the City lor any of the development authorized by this Resolution until the Agreements have been executed by the parties and the covenant/deed restriction submitted for recordation by the County of Riverside Recorder's Office, . Fire Prevention 12. Any and all previous existing conditions for this project will remain in fulllorce and effect unless superceded by more stringent requirements here. 13, 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. 14, The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure with a 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903,2, Appendix III.A) 15, The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required lire flow shall be available from any adjacent hydrant(s) in the system, The . R:\T M\2D04\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 10 . . . upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4,2, and Appendix III-B) 16. 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) 17, 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 and Ord 99-14) 18. 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 and Ord 99-14) 19. 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) 20, Prior to building construction, this development, and any street serving more than 35 homes shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 21. 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) 22. 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) 23, 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 firefighting personnel. (CFC 902.4) 24. 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. R\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc II Community Services . 25, All landscaped areas, open space, recreational facilities and amenities, entry monumentation and fencing shall be maintained by the Homeowners Association (HOA). 26, The developer shall contact the TCSD Maintenance Superintendent for a pre-design meeting to obtain TCSD design specifications for the Class I multi-use trails along Temecula Creek, Loma Linda Drive and the east side of the project. 27, Construction of the future TCSD maintained Class I multi-use trails shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD construction specifications/details, review and inspection process may preclude acceptance of the multi-use trails into the TCSD maintenance program. 28. The developer, the developer's successor or assignee, shall be responsible for the maintenance of the Class I multi-use trails until such time as those responsibilities are accepted by the TCSD or other responsible party, Public Works Department 29. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision, . 30. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement 01 any construction outside of the City-maintained road right-of-way. 31. 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. 32, All improvement plans and grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. . R\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 12 . . . PRIOR TO FINAL MAP RECORDING R\T M\2004\04-0490 31946 Temecula Lane\DRAFfRESO AND COA'S.doc 13 . . . Planning Department 33. The following shall be submitted to and approved by the Planning Department: a. A copy of the Final Map. b. A copy of the Covenants, Conditions, and Restrictions (CC&R's), i. CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods 01 maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways, ii. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services, Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale, This condition shall not apply to land dedicated to the City for public purposes, ili. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. Community Services 34, The developer shall satisfy the City's park land dedication requirement (Quimby) through payment of in-lieu fees equivalent to 4,12 acres of land, Said requirement includes a 25% credit for the private recreation facilities to be constructed within the development. The amount of the in-lieu fee shall be calculated by multiplying the required amount of park land by the City's then current appraised land valuation as established by the City Manager. 35, Public access easements and TCSD maintenance easements shall be dedicated on the final map for the Class I multi-use trails, The underlying ownership of the multi-use trails shall remain with the developer or successor, TCSD will accept the maintenance easements only after the construction is completed to the satisfaction of the Community Services Director, 36, Construction drawings for the Class I multi-use trails along Temecula Creek, Loma Linda Drive and the east side of the project shall be reviewed and approved by the Director of Community Services, R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 14 37, The developer shall post security and enter into an agreement to improve the Class I multi-use trails. 38, TCSD shall review and approve the CC&R's, The CC&R's pertaining to the three (3) plex product shall include: a. The trash hauler will invoice the HOA for trash service. b, The location of the individual property owners' trash bins placement for servicing will be designated including an exhibit. Include how the residents and visitors will be notified 01 various restrictions and bin placement. c. After construction is completed the hauler will invoice the HOA for trash service lor each unit regardless of occupancy. d, HOA will paint an address on each bin for residential identification. e, Address HOA enforcement of the trash collection issues. Public Works Department 39. 40, As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the loll owing agencies: a. Rancho California Water District b. Eastern Municipal Water District c, Riverside County Flood Control and Water Conservation District d, City of Temecula Fire Prevention Bureau e. Planning Department f. Department of Public Works g, Riverside County Health Department h. Cable TV Franchise i. Community Services District j. Verizon k, Southern California Edison Company I. Southern California Gas Company m. Department of Fish & Game n. Army Corps of Engineers The Developer shall design and guarantee construction of the following public improvements to City of Temecula General Plan standards unless otherwise noted, Plans shall be reviewed and approved by the Department of Public Works: a. Improve Loma Linda Road from Temecula Lane to Via Del Coronado (Principal Collector Highway Standards - 78' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), R\T M\2004\Q4-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 15 . . . . Improve Temecula Lane from Loma Linda Road to westerly property boundary (Local Road Standards - 60' RfW) to include dedication of half-width street right- of-way plus six feet, installation of half-width street improvements plus six feet, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). , Via Del Coronado (Collector Road Standards - 66' RfW) to include irrevocable offer of dedication for half-width street right-of-way, Provide an alignment study to show future connection. d, All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. b. c. 41. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a, Street centerline grades shall be 0,5% minimum over P,C,C, and 1,00% minimum over kC, paving. b, Driveways shall conform to the applicable City Standard Nos, 207 and/or 207A, c, Street lights shall be installed along the public streets shall be designed in accordance with City Standard No. 800, 801, 802 and 803. d, Concrete sidewalks shall be constructed In accordance with City Standard Nos. 400 and 401. Minimum centerline radii shall be in accordance with City Standard No, 113, All reverse curves shall include a 100-foot minimum tangent section, All street and driveway centerline intersections shall be at gO degrees. All knuckles shall be constructed in accordance with City Standard No, 602, All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. 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, All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground, Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities, All utilities shall be designed and constructed in accordance with City Codes and the utility provider. I. All utilities, except electrical lines rated 34kv or greater, shall be installed underground, . e. f. g. h. i. j, k. 42, Private roads shall be designed to meet City public road standards, Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: . a, Improve Entry Streets "8" and "C" (Private Street - 70' RlE) to include installation of full-width street improvements, paving, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer) and a 10 foot wide raised landscaped median. R:\T M\2004\04-0490 31946 Temecula Lane\DRAFr RESO AND COA'S.doc 16 43, b, Improve Entry Street "A" (Private Street - 60' RlE) to include installation of full- width street improvements, paving, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer) and a 10 foot wide raised landscaped median. Improve Streets "I" and "R" thru "Y" (Single Family only) (Private Street - 46' RlE, 36' curb to curb) to include installation of full-width street improvements, paving, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). Improve Street "A" lrom Street "0" to Street "H" (Private Street - 34' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, sidewalk, drainage lacilities, utilities (including but not limited to water and sewer), Improve Streets "0" through Street "I" (Multifamily only) (Private Street - 34' RlE, 24' curb to curb) to include installation 9f full-width street improvements, paving, rolled curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer), Improve Street "P" through Street "R" (from Street "0" to Street "Q") (Private Street - 34' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, r911ed curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). Improve Street "A" from Street "H" to Street "K" (Private Street - 30' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not limited to water and sewer), Improve Street "L" and Street "M" (Private Street - 30' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not limited to water and sewer), Improve Street "R" from Street "0" to Street "L" (Private Street - 30' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not limited to water and sewer). Improve Streets "J", "K", "N" and "0" (Private Street - 26' RlE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, drainage facilities, utilities (including but not limited to water and sewer), Knuckles being required at 90 'bends' in the road, Cul-de-sac geometries shall meet current City Standards, Minimum safe horizontal centerline radii shall be required (all centerline radii should be identified on the site plan), All intersections shall be perpendicular (90), c, d. e. f. g, h. i. j. k. I. m. n, A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Oepartment of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Oepartment of Public Works, R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'$.doc 17 . . . . . . 44. Relinquish and waive right of access to and from Temecula Lane on the Final Map with the exception of one (1) opening as delineated on the approved Tentative Tract Map, 45, Relinquish and waive right of access to and from Loma Linda Road on the Final Map with the exception of two (2) openings as delineated on the approved Tentative Tract Map. 46, Relinquish and waive right of access to and from Via Del Coronado on the Final Map as delineated on the approved Tentative Tract Map, 47, Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805, 48, All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers, All dedications shall be free from all encumbrances as approved by the Department of Public Works. 49, Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section, Prior to City Council approval of the Final Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency, 50. Any delinquent property taxes shall be paid, An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final Map to delineate identified environmental concerns and shall be recorded with the map. 51. 52, The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 53. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to recordation of the Final Map or the issuance of any permit. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 54" The Developer shall notify the City's cable TV Franchises of the Intent to Develop, Conduit shall be installed to cable TV Standards at time of street improvements. 55, Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc" shall be shown on the final map if they are located within the land division boundary, All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works, On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map, A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions, " R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 18 . PRIOR TO GRADING PERMIT . . R:\T M\2004\04-0490 31946 Tcmecula Lane\DRAFf RESO AND COA'S.doc 19 . Planning Department 56. Exclusion fencing (orange snow screen) will be installed along the construction limits along the north property to prevent construction activities from infringing on the Temecula Creek Conservation Area, 57, Manufactured slopes associated with the proposed site development shall not extend into the MSHCP conservation area, The Final Grading Plan shall be submitted to the City's MSHCP coordinator for approval. 58, Brush management to reduce fuel loads to protect urban uses (fuel modification zones) will occur only in the boundaries of the development. Fuel modification zones will not encroach in to the conservation area, 59. A copy of the Rough Grading plans shall be submitted and approved by the Planning Department. 60, The applicant shall comply with the prOVIsions of Chapter 8,24 of the Temecula Municipal Code (Habitat Conserliation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. Public Works Department 61, . As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a, Riverside County Flood Control and Water Conservation District b, Planning Department c, Department of Public Works a, Department of Fish and Game b, Army Corps of Engineers 62, A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading, The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 63. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to 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 preliminary pavement sections, 64. . A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. R:\T M\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 20 65, A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the . Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. 66. 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 on site 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. 67. 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, 68, 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, 69. The site is in an area identified on the Flood Insurance Rate Maps. Prior to the approval of any plans, the Developer shall demonstrate that the project complies with Chapter 15.12 of the Temecula Municipal Code for development within Flood Zone "A", A Flood Plain Development Permit is required prior to issuance of any permit. Residential subdivisions shall obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA) prior to occupancy of any unit. Commercial subdivisions may obtain a LOMR at their discretion, . R:\TM\2004\04~0490 31946 Temecula Lane\DRAFf RESQ AND COA'S.doc 2] . . . PRIOR TO BUILDING PERMIT . R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 22 . Planning Department 70, The applicant shall submit street lighting and signage plans to the Planning Director for final approval. Street lighting shall comply with the Specific Plan, Riverside County Mt. Palomar Lighting Ordinance, and the mitigation-monitoring program, Said lighting shall comply with the standards as set forth in the Mitigated Monitoring Program and install hoods or shields to prevent either spillage of lumens or reflections into the sky (lights must be downward facing), 71, Obtain street addresses from the Building Official prior to submittal of plans for plan review. 72. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by 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 73. Prior to construction of the Model Home complex, the applicant shall apply for a Model Home complex permit. . 74, A separate building permit shall be required for all signage, 75. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. 76. All off-site graded areas shall be landscaped as approved by the Planning Director, Fire Prevention 77, 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. 78, The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix liLA, Table A-III-A-1, The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM for a total fire flow of 1900 GPM with a 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic lire 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) . 79. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum number of hydrants, in a combination of on- site and off-site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 23 roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each . intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903,2, 903.4,2, and Appendix III-B) 80, ' 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) 81, 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) 82. 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 lacility or any portion of an ex1erior 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) 83, 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) 84. 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) . 85, 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) 86. 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) Community Services 87, The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris, 88, Prior to the installation of arterial street lights on Loma Linda Road, Temecula Lane or issuance of building permits, whichever comes first, the developer shall file an application, submit an approved Edison street light plan and pay the appropriate fees to the TCSD for the dedication of street lights into the appropriate TCSD maintenance program, . R:\T M\2004\04-0490 31946 Temecula Lane\DRAFr RESO AND COA'S.doc 24 . . . Prior to the issuance of the 17S'h residential building permit the Class I trail along Loma Linda Road shall be completed to the satisfaction of the Community Services Director. 90, Prior to the issuance of the 325'h residential building permit the Class I trails along the east side of the project and Temecula Creek shall be completed to the satisfaction of the Community Services Director, 89, Public Works Department 91. Prior to the first building permit, Final Map 31946 shall be approved and recorded, 92, A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions, 93. Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices, The final grading plan shall be in substantial conformance with the approved rough grading plan, 94, 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, 95, 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. R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 25 . . . PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 26 . Planning Department 96, All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 97, 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) 98. 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 t6 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 01 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) Community Services Department 99, It shall be the developer's responsibility to provide written disclosure of the existence of the TCSD and its service level rates and charges to all prospective purchasers. . 100, The developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. Public Works Department 101. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a, Rancho California Water District b. Eastern Municipal Water District c, Department of Public Works 102. All necessary certifications and clearances frorn engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 103, All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works, 104, The existing improvements shall be reviewed, Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. . R:\T M\2004\04,0490 31946 TemeouIa LaneIDRAFr RESO AND COA'S,doc 27 . . . OUTSIDE AGENCIES R\T M\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 28 . . . 105, Comply with the Rancho Water District letter dated August 25, 2004 and provide them with a Reciprocal Easement and Maintenance Agreement to serve the on-site water facilities, 106. Comply with the Riverside County Flood Control and Water Conservation District dated September 20, 2005, Additional permits may be required prior to the construction of the project. 107. Comply with the Pechanga Cultural Resources letter dated November 10, 2005, By placing my signature below, I confirm that I have read, understand, and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Department approval. Applicant's Signature Date Applicant's Printed Name R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 29 @ Bancha later Board of Directors John E. Hoagland President Csaba F. Ko Sr. Vice President Stephen J. Corona Ralph H. Daily Bcn R. Drake Lisa D. Herman Michael R. McMillan Officers: Brian J. Brady General Manager Phillip L. Forbes Director of Finance-Treasurer E.P. "BobM Lemons Director of Engineering Perry R. Louck Controller August 25, 2004 r;~'7:\\.~'\\ \\ .~, _r_'~-- c:::~ ~.:; r: ',"J i Matt Harris, Associate Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 t " . ,~ f) 'I 2004 !~\l,: \J ,;; i., I.jj \ t~,i;::-:c:--:' " SUBJECT: WATER AVAILABILITY TENTATIVE TRACT NO. 31946 PORTION OF PARCEL NO, 1 AND NO.2 OF PARCEL MAP NO. 8756; APN 961-010-016, APN 961-010-018, APN 961-010- 019, APN 961-010-020, AND APN 961-010-021, PROJECTS NO, PA04-0490, NO, PA04-0491, AND NO. PA04-0492 Dear Mr. Harris: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD), Water service, therefore, would be available upon construction of any required on-site and/or off-site water facilities and the completion of financial arrangements between RCWD and the property owner, If fire protection is required, the customer will need to contact RCWD for fees and requirements. Linda M. F1"egoso District Secretary/Administrative .. . . """",,,Manage< Water aVailability would be contingent upon the property owner slgnmg an C, Mich.d Cnwett Agency Agreement that assigns water management rights, if any, to RCWD. Best Best & Krieger LLP General Counsel A portion of this project is a condominium development with potential for individual building owners and a homeowners' association maintaining the common property and private water and fire protection facilities, As a condition of the project, RCWD requires that the City of Temecula include a Reciprocal Easement and Maintenance Agreement for these on-site private water facilities, If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT 04\MM:atl23\FCF c: Laurie Williams, Engineering Services Supervisor R"n,.h.... ("""I;("....i.. W",t.... n;dr;..t f ( 1995 MARKET STREET RIVERSIDE, CA 92501 951.955,1200 951.788,9965 FAX WAJmEN D, WILLIAMS Jeneral Manager-Chief Engineer . . . 102252_3 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERV AnON DISTRICT September 20, 2005 Ms, Christine Damico City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 SfP 2 2 ZDDS Dear Ms. Damko: Re: P A04-0490 - 0492 and P A 04-0496 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 comment does not in any way constitute District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue, This proposed project is adjacent to facilities that could be considered regional in nature and/or a logical extension of Temecula Creek Channel. The District would consider accepting ownership of such facilities on written request of the City: Facilities J1lust be constructed to District' staildards, and, District plan' check mId inspection' will be' required for District acceptance, Plan check, inspection and administrative fees will be required. GENERALINFO~ATION 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 that the project has been granted a permit or is shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy, ~1 . i " 102252_3 Ms. Christine Damko -2- Re: P A04-0490 - 0492 and P A 04-0496 September 20, 2005 . 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 pennits 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 pennits, These regulatory pennits include, but are not limited to: a Section 404 Pennit issued by the D.S, Anny Corps of Engineers in cotnpliance with section 404 of the Clean Water Act, a California State Department of Fish 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 Wlder CEQA and all Federal, State, and local environmental rules and regulations, Very truly yours, . ~dh7 ARTURODIAZ Senior Civil Engineer c: Riverside County Planning Department Attn: David Mares AM:blj . PECHANGA CULTURAL RESOURCES Temecula Band of Luiseiio Mission Indians Chairperson: Gennaine Arenas Vice Chairperson: Mary Bear Magee Post Office. Box 2183. Temecula, CA92593 Telephone (951) 308,9295 . Fax (951) 506,9491 Committee Members: Raymond Basquez, Sr. Evie Gerber Darlene Miranda Bridgett Barcello Maxwell Director: Gary DuBois November 10, 2005 Coordinator: Paul Macarro Cultural Analyst: Stephanie Gordin Christine Damko, City of Temecula Planning Department 43200 Business Park Drive Temecula, CA 92590 Monitor Supervisor: Aurelia Manuffo Re: Comments on Temecula Lane Project (pA04-0490-0492 and PA 04-0496) Dear Ms. Damko: . This comment letter is submitted by the Pechanga Band of Luisefio Indians (hereinafter, "Pechanga Tribe"), a federally recognized Indian tribe and sovereign government. The Pechanga Band requests that these comments as well as any subsequent comments submitted by the Pechanga Band be included in the record of approval for the Project. The Pechanga Tribe is formally requesting, pursuant to Public Resources Code g21092,2, to be notified and involved in the entire CEQA environmental review process for the duration of the above referenced project (the "Project"). THE TRIBE'S CONCERNS WITH THE PROJECf The Tribe has two primary concerns with the Project which it would like to see addressed by the City. First and foremost, this Project is close to a site which contains over 18 burials of human remains, Such information was not included or addressed in the Cultural Resources Survey, As such, adequate and appropriate mitigation was not put into place. Further, it is the Tribe's understanding that the mass grading permit was processed separately, and as far as the Tribe is aware it was not notified of that application, Because of the proximity to the site with the burials, awarding the mass grading permit without appropriate environmental evaluation was improper by the City. THE LEAD AGENCY MUST INCLUDE AND CONSULT WITH THE TRIBE IN ITS REVIEW PROCESS . Because of the culturally sensitive site, the Temecula Creek Village site which has been determined to be a significant site, lying in close proximity to the Project area, it is imperative that the City, as lead agency, as well as the applicant adequately consult with the Tribe. It has Sacred Is The Duty Trusted Unto Our Core And With Honor We Rise To The Need Pechanga comment letter to the City of Temecula RE: Comments on Temecula Lane Project Page 2 been the intent of the Federal Government1 and the State ofCalifornia2 that Indian tribes be consulted with regard to issues which impact cultural and spiritual resources, as well as other governmental concerns, The responsibility to consult with Indian tribes stems from the unique government-to-government relationship between the United States and Indian tribes, This arises when tribal interests are affected by the actions of governmental agencies and departments such as approval of Specific Plans and EIRs. In this case, it is undisputed that the project lies within the Luiseiio tribe's traditional territory. Therefore, in order to comply with CEQA and other applicable Federal and California law, it is imperative that the Lead Agency and the Project applicant consult with the Tribe in order to guarantee an adequate basis of knowledge for an appropriate evaluation of the project effects, as well as generating adequate mitigation measures. . Such consultation is especially important with regard to Projects such as this one which has the potential to impact Native American human remains, PROJECT IMPACTS TO CULTURAL RESOURCES The Pechanga Tribe asserts that the Project area is part of the Pechanga Tribe's aboriginal territory, as evidenced by the existence of Luiseiio place names, rock art pictographs, petroglyphs and extensive artifact records found in the vicinity of the Project. The Pechanga Tribe's primary concerns stem from the project's likely impacts on Native American cultural resources, The Pechanga Tribe is concerned about both the protection of unique and . irreplaceable cultural resources, such as Luiseiio village sites, and archaeological items which would be displaced by ground-disturbing work on the project, and on the proper and lawful treatment of cultural items, Native American human remains and sacred items likely to be discovered in the course of the work. The Tribe would also like to point out that a preferred method of treatment for archeological sites according to the CEQA is avoidance (California Public Resources Code 921083,1), and that this is in agreement with the Tribe's practices and policies concerning cultural resources. Further, the Pechanga Tribe believes that if human remains are discovered, State law would apply and the mitigation measures for the permit must account for this. According to the California Public Resources Code, S 5097.98, if Native American human remains are discovered, the Native American Heritage commission must name a "most likely descendant," who shall be consulted as to the appropriate disposition of the remains. Given the Project's location in Pechanga territory, the Pechanga Tribe intends to assert its right pursuant to California law with regard to any remains or items discovered in the course of this project. 1 See Executive Memorandum of April 29, 1994 on Government-to-Government Relations with Native American Tnllal Governments and Executive Order of November 6, 2000 on Consultation and Coordination with Indian Tribal Governments. 2 See California Public Resource Code ~5097 ,9 et seq. . Pechanga Cultural Resources. Temecula Band of Luiseiio Mission Indians Post Office Box 2183. Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need . . . Pechanga comment letter to the City of Temecula RE: Comments on Temecula Lane Project Page 3 As was discussed above, the Project site lies in close proximity to the Temecula Creek Village site which is a sensitive archaeological village site in which multiple Native American human remain burials were encountered, As the City is aware, measures were taken in that Project to assure the appropriate treatment and protection of those burials. Further, the proximity of the Project to the creek channel makes the discovery of more human remains likely. While the Tribe understands that the intent is to leave the portion by the creek channel as open space, adequate mitigation and protection of the sensitive areas are necessary. Such conditions of approval should provide for the mass grading to be performed near the sensitive site in a manner which would allow for the greatest protection of any items or human remains uncovered during the mass grading, For this reason, additional mitigation language is requested prior to the Project being approved. The Tribe has been in contact with the Project applicant who has expressed its willingness to work with the Tribe to develop adequate mitigation measures and conditions of approval for the sensitive areas. REQUIRED MITIGATION Given this Project's close proximity to known cultural sites which were not adequately discussed in the initial cultural study, including a known village site, Pechanga requests the following be included as mitigation measures as well as conditions of approval which are required to be met prior to the issuance of grading permits, and the City should assure that the already issued mass grading permit adheres to the necessary conditions: I. The mass grading of the Project site shall be performed in a controlled manner, the specifics of which shall be determined in consultation between the project applicant/developer and the Pechanga Band of Luisefio Indians prior to issuance of grading permits or prior to project approval, 2. Prior to issuance of the grading permit, the developer shall enter into a Treatment Agreements with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be encountered during construction, The Agreement will further contain provisions of tribal monitors and address compensation for the Native American monitors being paid by the developer. 3. The landowner agrees to relinquish ownership of all cultural resources, including archaeological artifacts found on the project site, to the Pechanga Band of Luisefio Indians for proper treatment and disposition to the extent authorized by the law. 4. Monitoring by a professional archaeologist and Pechanga Tribal monitors is required during all ground disturbing activities, The monitor's shall each have the authority to temporarily halt and/or divert grading equipment to allow for additional investigation as necessary, Pechanga Cultural Resources. Temecula Band of Luiseno Mission Indians Post Office Box 2183. Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need Pechanga comment letter to the City of Temecula RE: Comments on Temecula Lane Project Page 4 . 5. If human remains are encountered, all activity shall stop and the County Coroner must be notified immediately. . All activity must cease until the County Coroner has determined the origin and disposition of said remains. The Coroner shall determine if the remains are prehistoric, and shall notify the State Native American Heritage Commission if applicable. Further actions shall be determined by the desires of the Most Likely Descendent. 6. All sacred sites within the Project area are to be avoided and preserved. The Pechanga Tribe looks forward to working together with the City of Temecula, the applicant, and other interested agencies in protecting the invaluable Luisefio cultural resources found in the Project area. If you have any questions, please do not hesitate to contact me at (95 I) 308-9295 or Laura Miranda at (951) 676-2768, Ext. 2137. Thank you for the opportunity to submit these comments. Sincerely, ,~~ Stephanie Gordin . Cc: Mr. Lindsey Quakenbush D.R. Horton 5927 Priestly Drive, Suite 200 Carlsbad, CA 92008 . Pechanga Cultural Resources. Temecula Band of Luiseiio Mission Indians Post Office Box 2/83' Temecula, CA 92592 Sacred /s The Duty Trusted Unto Our Care And With Honor We Rise To The Need . . . CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0491, and PA04-0492 Project Description: A Conditional Use Permit and Development Plan (Product Review) for the development of 96 single- family units, 96 tri-plex units, and 236 four-plex units (428 total units) located at the northeastern corner of the intersection of Loma Linda Road and Temecula Lane. DIF Category: Residential (attached and detached) Residential (single and multi-family) TUMF: MSHCP Category: Residential Tentative Tract No.: TM 31946 Approval Date: December 14, 2005 Expiration Date: December 14, 2007 WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1, The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64,00) for the County administrative fee, to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062, If within said forty-eight (48) hour period the applicant 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:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 30 . . . GENERAL REQUIREMENTS R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 31 . . . 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. The applicant shall submit, to the Planning Department for permanent filing, two (2) 8" X 10" glossy photographic color prints of the color and Materials Boards and of the colored version of the approved colored architectural elevations. All labels on the Color and Materials Board, and Elevations shall be readable on the photographic prints. 4. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Negative Declaration for PA04-0496, and the approved Mitigation Monitoring Program (attached) thereof, 5. This approval shall in no way limit the City or other regulatory or service agencies from applying additional requirements and/or conditions consistent with applicable policies and standards upon the review of grading, building and other necessary permits and approvals for the project. 6. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 7. The Director of Planning may, upon an application being filed within thirty days prior to expi'ration and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time, 8. All project-related lighting shall be directed so that no light or glare falls off the property boundary except along Temecula Lane, Loma Linda Road, as well as any trails, 9. Non-security lighting installed by individual homeowners shall not be located in such a manner as to directly illuminate any open space area along Temecula Creek. This requirement shall be incorporated into the CC&R's, 10. The development of the premises shall substantially conform to the approved plans, contained on file with the Planning Department. 11, The colors and materials for this project shall substantially conform to the approved colors and materials contained on file with the Planning Department, or as amended R\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 32 herein, Any deviation from the approved colors and materials shall require approval of . the Director of Planning, Staff may elect to reject the request to amend or substitute materials and colors, 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, 12, The applicant shall sign both copies of the ,final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 13. Applicant shall obtain the proper permits before construction, including Encroachment Permit from the Public Works Department for any work done in the City right-of-way, and Building Permit from the Building and Safety Department. 14, Fire Hydrants shall be installed prior to the start of any construction at the site. 15, Driveway widths shall comply with the driveway width requirements per City Standards. In order to allow for adequate street parking, the driveway widths at curbs will be limited to 24' maximum, 16. All lots shall be built in accordance with the Site Plans labeled as "Elevations", 17. If, during construction, cultural resources are encountered, work shall be halted or diverted in the immediate area while a qualified archaeologist evaluates the finds and makes recommendations. In addition, the developer will coordinate with the Pechanga Band of Luisefio Mission Indians to allow a representative of the Pechanga Band to monitor and participate in archaeological investigations if and when resources are encountered, including participation in discussions regarding the disposition of cultural items and artifacts. . 18, The Owner shall, without economic or other contribution by the City, identify, construct and thereafter maintain not less than 86 of the two bedroom homes in the four-plex component units for and as affordable housing units. The term "affordable housing unit" shall have the same meaning as is set lorth in the Temecula Municipal Code. The units shall be maintained as affordable units by means of a written agreement and covenanVdeed restriction that burdens the title to the subject property for the benefit of City, for the purpose of ensuring that the units are maintained as affordable for not less than 55 years, The form of agreement and covenanVdeed restriction shall, for the City, be subject to the approval of the City Manager and City Attorney, The agreement shall specify, in addition to all other terms deemed necessary by the City and Owner to effectuate the intent of the parties, that 86 of two bedroom units shall be maintained as affordable, The affordable units shall be allocated to the low income categories as defined in Health and Safety Code 950079,5. The Owner shall reimburse the City its reasonable cost of preparing the Agreements including attorney fees and staff time. No building permit shall be issued by the City for any of the development authorized by . this Resolution until the Agreements have been executed by the parties and the R:\TM\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc JJ . . . covenant/deed restriction submitted for recordation by the County of Riverside Recorder's Office. Building and Safety Department 19. All design components shall comply with applicable provisions of the 2001 edition of the Caiifornia 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. 20. 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. 21. 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. 22. 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. 23. 24. Show all building setbacks. 25. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. For developments with multiple buildings, each separate building shall be provided with a house meter. 26. Provide an approved automatic fire sprinkler system. 27. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 28. Compliance with the provisions of Senate Bill 1025, effective July 1, 2005, which modifies Chapter 11 A of the California Building Code as it relates to multi-story non- elevator dwelling units, including condominiums and townhouse units, will be required. 29. Provide disabled access from the public way to the main entrance of the building. 30. Provide van accessible parking located as close as possible to the main entry. 31. Show path of accessibility from parking to furthest point of improvement. R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 34 32. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. . 33. 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 Fire Prevention 34. 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. 35. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure with a 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construCtion type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III.A) . 36. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 21/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) 37. 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) Community Services 38. All landscaped areas, open space, recreational facilities and amenities, entry monumentation and fencing shall be maintained by the Homeowners Association (HOA). 39. Multi-Family refuse service will be provided for the 4-plex units. The HOA will be billed directly by the trash hauler for this service. 40. Multi-family trash enclosures shall be large enough to accommodate a recycling bin, as well as a trash bin. Enclosures adjacent to sidewalks will require ramping at the curb to allow servicing. . R:\T M\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 35 . . . 41. Single family trash service will be provided for the 3-plex units and will be billed directly to the HOA. The placement of bins for servicing will not reduce the 24 feet wide clearance on the private roads needed for emergency vehicles. Trash bins will be serviced from sidewalks. 42. All costs associated with the relocation of any existing street lights shall be paid for by the developer. 43. The developer shall be subject to the Public Art Ordinance. 44. The developer shall contact the TCSD Maintenance Superintendent for a pre-design meeting to obtain TCSD design specifications for the Class I multi-use trails along Temecula Creek, Loma Linda Drive and the east side of the project. 45. Construction of the future TCSD maintained Class I multi-use trails shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD construction specifications/details, review and inspection process may preclude acceptance of the multi-use trails into the TCSD maintenance program. 46. The developer, the developer's successor or assignee, shall be responsible for the maintenance of the Class I multi-use trails until such time as those responsibilities are accepted by the TCSD or other responsible party. 47. All landscaped areas, open space, recreational facilities and amenities, entry monumentation and fencing shall be maintained by the Homeowners Association (HOA). 48. The developer shall contact the TCSD Maintenance Superintendent for a pre-design meeting to obtain TCSD design specifications for the Class I multi-use trails along Temecula Creek, Loma Linda Drive and the east side of the project. 49. Construction of the future TCSD maintained Class I multi-use trails shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD construction specifications/details, review and inspection process may preclude acceptance of the multi-use trails into the TCSD maintenance program. 50. The developer, the developer's successor or assignee, shall be responsible for the maintenance of the Class I multi-use trails until such time as those responsibilities are accepted by the TCSD or other responsible party. 51. 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. Public Works Department 52. A Grading Permit for either rough and/or precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 36 53. 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. 54. All improvement plans, grading plans, and raised landscaped median plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. R:\T M\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 37 . . . . . . PRIOR TO GRADING PERMIT R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 38 . Planning Department 55. Exclusion fencing (orange snow screen) will be installed along the construction limits along the north property to prevent construction activities from infringing on the Temecula Creek Conservation Area. 56. Manufactured slopes associated with the proposed site development shall not extend into the MSHCP conservation area. The Final Grading Plan shall be submitted to the City's MSHCP coordinator for approval. 57. Brush management to reduce fuel loads to protect urban uses (fuel modification zones) will occur only in the boundaries of the development. Fuel modification zones will not encroach in to the conservation area. 58. A copy of the Rough Grading plans shall be submitted and approved by the Planning Department. 59. 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. Public Works Department 60. 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. . 61. 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. 62. 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. 63. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. 64. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. . R:\T M\2004\Q4-Q490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 39 65. 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. 66. 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 67. 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. 68. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 69. The Developer shall obtain any necessary letters of approval or slope easements for off- site work performed on adjacent properties as directed by the Department of Public Works. 70. 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 draina(je 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. 71. 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. R\T M\20Q4\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 40 . . . . . . PRIOR TO BUILDING PERMIT R\T M\2004\Q4-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 41 . Planning Department 72. The applicant shall submit street iighting and signage plans to the Planning Director for final approval. Street lighting shall comply with the Specific Plan, Riverside County Mt. Palomar Lighting Ordinance, and the mitigation-monitoring program. Said lighting shall comply with the standards as set forth in the Mitigated Monitoring Program and install hoods or shields to prevent either spillage of lumens or reflections into the sky (lights must be downward facing). 73. Obtain street addresses from the Building Official prior to submittal of plans for plan review. 74. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by 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 75. Prior to construction of the Model Home complex, the applicant shall apply for a Model Home complex permit. . 76. A separate building permit shall be required for all signage. 77. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. 78. Landscape plans for front yards, slopes and common lots, to include a plan for perimeter or "community" walls/fences, shall be submitted for review and approval by the Planning Director prior to the issuance of building permits for the project. 79. A landscape maintenance program for all association maintained areas shall be submitted for approval with the landscape construction plans, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carryout the detailed program. 80. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Utilities shall be grouped together in order to reduce intrusion. Planting beds shall be designed around utilities. All light poles shall be located on the landscape plans and shall not conflict with trees. 81. Provide upgraded front doors on the construction building plans to all single-family homes consist with the home's architectural elevation to the satisfaction of the Planning Director. . 82. The construction building plans shall show all single family homes with enhanced elevations. R:\T M\2004\04-Q490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 42 83. Three (3) copies of Construction Landscaping and Irrigation Plans shali 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 an agronomic soils report with the construction landscape plans. c. One (1) copy of the approved grading plan. d. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). e. Total cost estimate of plantings and irrigation (in accordance with approved plan). 84. A Final Landscaping plan shall be submitted to the Planning Department for review and approval. The plant pallet shall avoid the list of invasive plant species identified in the MSHCP as those species to be avoided adjacent to the MSHCP Conservation area (MSHCP Final in Volume 1 Section 6 in Table 6.2 on page 6-44 through 6-46). 85. All off-site graded areas shall be landscaped as approved by the Planning Director. 86. Proposed non-irrigated hydroseed mix areas shall be provided with automatic temporary irrigation to insure proper germination and establishment of the seeded areas as approved by the Planning Director. . 87. All front yards shall include a minimum of one 15 gallon size tree per lot in addition to the required street trees. 88. All shrubs shall be planted from a minimum size of 5 gallon. Sub shrubs (i.e. Agapanthus, Hemerocallis) may be planted from 1 gallon. 89. All utilities shall be screened from public view. Landscape construction drawings shali show and label all utilities and provide appropriate screening. A 3' clear zone shall be provided around fire check detectors as required by the Fire Department. Utilities shall be grouped together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Planting beds shall be designed around utilities. All light poles shall be located on the landscape plans and shall not conflict with trees. 90. A landscape maintenance program shall be submitted for approval with the landscape construction plans, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shali be provided to the landscape maintenance contractor who shall be responsible to carryout the detailed program. . R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 43 . . . Building and Safety Department 91. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Appendix Chapter 12, Section 1208A, of the 2001 edition of the California Building Code. 92. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 93. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 94. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 95. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. Fire Prevention 96. 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. 97. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix liLA, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM for a total fire flow of 1900 GPM with a 2 hour duration. The required fire flow may be 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) 98. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum number of hydrants, in a combination of on- site and off-site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) 99. 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) 100. 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) R\T M\2004\Q4-0490 31946 Temecula Lane\DRAFf RESQ AND COA'S.doc 44 101. 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 see 902) 102. 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) 103. 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) 104. 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) 105. Prior to issuance of buildino 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) Community Services 106. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 107. Prior to the installation of arterial street lights on Loma Linda Road, Temecula Lane or issuance of building permits, whichever comes first, the developer shall file an application, submit an approved Edison street light plan and pay the appropriate fees to the TCSD for the dedication of street lights into the appropriate TCSD maintenance program. 108. Prior to the issuance of the 1751h residential building permit the Class I trail along Loma Linda Road shall be completed to the satisfaction of the Community Services Director. 109. Prior to the issuance of the 3251h residential building permit the Class I trails along the east side of the project and Temecula Creek shall be completed to the satisfaction of the Community Services Director. Public Works Department 110. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public . Works. The following design criteria shall be observed: R:\T M\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 45 . a. b. c. d. e. f. g. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula Standard No. 207A. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 801, 802 and 803. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400, 401 and 402. All street and driveway centerline intersections shall be at 90 degrees. Public Street improvement plans shall include plan and profile showing existing topography, utilities, proposed centerline, top of curb and flowline grades. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 111. The Developer shall design and guarantee construction of the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: a. Improve Loma Linda Road from Temecula Lane to Via Del Coronado (Principal Collector Highway Standards - 78' RfW) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). b. Improve Temecula Lane from Loma Linda Road to westerly property boundary (Local Road Standards - 60' RfW) to include dedication of half-width street right- of-way plus six feet, installation of half-width street improvements plus six feet, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). c. Via Del Coronado (Collector Road Standards - 66' RfW) to include irrevocable offer of dedication for half-width street right-of-way. Provide an alignment study to show future connection. d. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. . 112. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: . a. Improve Entry Streets "B" and "C" (Private Street - 70' RlE) to include installation of full-width street improvements, paving, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer) and a 10 foot wide raised landscaped median. Improve Entry Street "A" (Private Street - 60' RlE) to include installation of full- width street improvements, paving, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer) and a 10 foot wide raised landscaped median. b. R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 46 c. Improve Streets "I" and "R" thru "V" (Single Family only) (Private Street - 46' RfE, 36' curb to curb) to include installation of full-width street improvements, paving, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). d. Improve Street "A" from Street "D" to Street "H" (Private Street - 34' RfE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). Improve Streets "D" through Street "I" (Multifamily only) (Private Street - 34' RfE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). Improve Street "P" through Street "R" (from Street "D" to Street "Q") (Private Street - 34' RfE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). Improve Street "A" from Street "H" to Street "K" (Private Street - 30' RfE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not limited to water and sewer). Improve Street "L" and Street "M" (Private Street - 30' RfE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not limited to water and sewer). Improve Street "R" from Street "D" to Street "L" (Private Street - 30' RfE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, one-sided sidewalk, drainage facilities, utilities (including but not limited to water and sewer). Improve Streets "J", "K", "N" and "0" (Private Street - 26' RfE, 24' curb to curb) to include installation of full-width street improvements, paving, rolled curb and gutter, drainage facilities, utilities (including but not limited to water and sewer). Knuckles being required at 90 'bends' in the road. Cul-de-sac geometries shall meet current City Standards. Minimum safe horizontal centerline radii shall be required (all centerline radii should be identified on the site plan). All intersections shall be perpendicular (90). e. f. g. h. i. j. k. I. m. n. 113. 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. 114. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. R\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 47 . . . . . . 115. The Developer shall pay to the City the Public Facilities Development I mpact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 116. 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. R:\T M\2004\Q4-0490 31946 Temecula Lane\DRAFf RESa AND COA'S.doc 48 . . . PRIOR TO BUILDING OCCUPANCY R:\T M\2004\Q4-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 49 . Planning Department 117. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 118. All required landscape planting and irrigation, hardscape and fencing within individual lots shall have been installed and completed for inspection consistent with the approved construction landscape plans prior to issuance of occupancy for each house (excluding model home complex). The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 119. Prior to issuance of the first Certificate of Occupancy, the applicant shall prepare and submit a written report to the City's MSHCP Coordinator demonstrating compliance with the MSHCP. 120. Periormance 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. Building and Safety Department . 121. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 122. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Fire Prevention 123. 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) 124. 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 for numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) Community Services . 125. Within each phased map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. R:\T M\2004\04-0490 31946 Temecula Lane\DRAFf RESO AND COA'S.doc 50 126. It shall be the developer's responsibility to provide written disclosure of the existence of . TCSD and its service level rates and charges to all prospective purchasers. DEPARTMENT OF PUBLIC WORKS 127. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 128. Corner property line cut off shall be required per Riverside County Standard No. 805. 129. 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. 130. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. . . R:\T M\2004\Q4-0490 31946 Temecula Lane\DRAFr RESO AND COA'S.doc 51 . . . OUTSIDE AGENCIES R:\T M\2004\04-0490 31946 Temecula Lane\DRAFT RESO AND COA'S.doc 52 . . . 131. Comply with the Rancho Water District letter dated August 25, 2004 and provide them with a Reciprocal Easement and Maintenance Agreement to serve the on-site water facilities. 132. Comply with the Riverside County Flood Control and Water Conservation District dated September 20, 2005 . Additional permits may be required prior to the construction of the project. 133. Comply with the Pechanga Cultural Resources letter dated November 10, 2005. By placing my signature below, I confirm that I have read, understand, and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Department approval. Applicant's Signature Date Applicant's Printed Name RolT M\2004104-0490 31946 Temecul. LaneIDRAFfRESO AND COA'S.doc 53 @ Rancho Water Board of Directors John E. Hoagland President Csaba F. Ko Sr. Vice President Stephen J. Corona Ralph H. Daily Ben R. Drake Lisa D. Herman Micbael R. McMillan Officers: Brian J. Brady General Manager Phillip L. Forbes Director of Finance-Treasurer E.P. "Hobn Lemons Direl::tor of Engineering Perry R. Louck Controller August 25, 2004 Matt Harris, Associate Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 ~\\~-F--~ .:;----\S-~\\~\ \,.'\ !\Ur; 2 7 2004j-J, \",\ ~::==~\ SUBJECT: WATER AVAILABILITY TENTATIVE TRACT NO. 31946 PORTION OF PARCEL NO.1 AND NO.2 OF PARCEL MAP NO. 8756; APN 961-010-016, APN 961-010-018, APN 961-010- 019, APN 961-010-020, AND APN 961-010-021, PROJECTS NO. P A04-0490, NO. P A04-0491, AND NO. P A04-0492 Dear Mr. Harris: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off-site water facilities and the completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Linda M. F1"egoso District Secretary/Administrative .. . . . . . S.rn",M...g~ Water avaIiablhty would be contingent upon the property owner slgnmg an C. Micb.el Cowetl Agency Agreement that assigns water management rights, if any, to RCWD. Best Best & Krieger LLP General Counsel A portion of this project is a condominium development with potential for individual building owners and a homeowners' association maintaining the common property and private water and fire protection facilities. As a condition of the project, RCWD requires that the City of Temecula include a Reciprocal Easement and Maintenance Agreement for these on-site private water facilities. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT 04\MM:at123\FCF c; Laurie Williams, Engineering Services Supervisor Rancho California Water District 4213fi W;nrhpd..rRn,.,.'l . P"ct Offi..." Rnv 0(117 . 'T''''''''D""Ja r~l;r^_;^ Q""1l0 01'1''7 . {"".\ 'lOC "QNl. IO'AV 10"'\""" ,,,",,, WARREN D. WILLIAMS General Manager-Chief Engineer . . . r \. 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 951.788.9965 FAX 102252_3 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERV AnON DISTRICT September 20, 2005 Ms. Christine Damko City ofTemecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 SfP 2 2 2005 Dear Ms. Damko: Re: P A04-0490 - 0492 and P A 04-0496 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, infonnation of a general nature is provided. The District has not reviewed the proposed project in detail and the following comment does not in any way constitute District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue. This proposed project is adjacent to facilities that could be considered regional in nature and/or a logical extension of Temecula Creek Channel. The District would consider accepting ownership of such facilities on written request. of the City: Facilities Inust be constructed to . District standards, . and. DiStrict plan check. aild inspection will. be required for DistJ.ict acceptance. Plan check, inspection and administrative fees will be required. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. ( , ,. 102252_3 Ms. Christine Damko -2- Re: P A04-0490 - 0492 and P A 04-0496 September 20, 2005 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 off site drainage facilities. Draft CEQA documents shall be forwarded to the District during the public review period. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain all applicable Federal, State and local regulatory permits. These regulatory permits include, but are not limited to: a Section 404 Penilit issued by the. U.S. Army Corps of ,I Engineers hi cOlnpliance. with section 404df the Clean Water Act, a CalifomiaState Department of Fish 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, ~4 ARTURODIAZ Senior Civil Engineer c: Riverside County Planning Department Attn: David Mares AM:blj . . . PECHANGA CULTURAL RESOURCES Temecu/a Band of Luiseiio Mission Indians Chairperson: Germaine Arenas Vice Chairperson: Mary Bear Magee Post Office. Box 2183. Temecula, CA92593 Telephone (951) 308-9295' Fax (951) 506-9491 Conunittee Members: Raymond Basquez, Sr. Evie Gerber Darlene Miranda Bridgett Barcello Maxwell Director: Gary DuBois November 10, 2005 Coordinator: Paul Macarro Cultural Analyst: Stephanie Gordin Christine Damko City of Temecula Planning Department 43200 Business Park Drive Temecula, CA 92590 Monitor Supervisor: Aurelia Manuffo Re: Comments on Temecula Lane Project (pA04-0490-0492 and PA 04-0496) Dear Ms. Damko: . This comment letter is submitted by the Pechanga Band of Luisefio Indians (hereinafter, "Pechanga Tribe"), a federally recognized Indian tribe and sovereign govemment. The Pechanga Band requests that these comments as well as any subsequent comments submitted by the Pechanga Band be included in the record of approval for the Project The Pechanga Tribe is formally requesting, pursuant to Public Resources Code ~2J 092.2, to be notified and involved in the entire CEQA environmental review process for the duration of the above referenced project (the "Project"). THE TRIBE'S CONCERNS WITH THE PROJECT The Tribe has two primary concerns with the Project which it would like to see addressed by the City. First and foremost, this Project is close to a site which contains over 18 burials of human remains. Such information was not included or addressed in the Cultura1 Resources Survey. As such, adequate and appropriate mitigation was not put into place. Further, it is the Tribe's understanding that the mass grading permit was processed separately, and as far as the Tribe is aware it was not notified of that application. Because of the proximity to the site with the burials, awarding the mass grading permit without appropriate environmental evaluation was improper by the City. THE LEAD AGENCY MUST INCLUDE AND CONSULT WITH THE TRIBE IN ITS REVIEW PROCESS Because of the culturally sensitive site, the Temecula Creek Village site which has been determined to be a significant site, lying in close proximity to the Project area, it is imperative that the City, as lead agency, as well as the applicant adequately consult with the Tribe. It has . Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need Pechanga comment letter to the City of Temecula RE: Comments on Temecula Lane Project Page 2 been the intent of the Federal Governmentl and the State of California2 that Indian tribes be consulted with regard to issues which impact cultural and spiritual resources, as well as other governmental concerns. The responsibility to consult with Indian tribes stems from the unique government-to-government relationship between the United States and Indian tribes. This arises when tribal interests are affected by the actions of governmental agencies and departments such as approval of Specific Plans and EIRs. In this case, it is undisputed that the project lies within the Luisefio tribe's traditional territory. Therefore, in order to comply with CEQA and other applicable Federal and California law, it is imperative that the Lead Agency and the Project applicant consult with the Tribe in order to guarantee an adequate basis oflmowledge for an appropriate evaluation of the project effects, as well as generating adequate mitigation measures. . Such consultation is especially important with regard to Projects such as this one which has the potential to impact Native American human remains. PROJECT IMP ACTS TO CULTURAL RESOURCES The Pechanga Tribe asserts that the Project area is part of the Pechanga Tribe's aboriginal territory, as evidenced by the existence of Luisefio place names, rock art pictographs, petroglyphs and extensive artifact records found in the vicinity of the Project. The Pechanga Tribe's primary concerns stem from the project's likely impacts on Native American cultural resources. The Pechanga Tribe is concerned about both the protection of unique and irreplaceable cultural resources, such as Luiseiio village sites, and archaeological items which . would be displaced by ground-disturbing work on the project, and on the proper and lawful treatment of cultural items, Native American human remains and sacred items likely to be discovered in the course of the work. The Tribe would also like to point out that a preferred method of treatment for archeological sites according to the CEQA is avoidance (California Public Resources Code ~21083.I), and that this is in agreement with the Tribe's practices and policies concerning cultural resources. Further, the Pechanga Tribe believes that if human remains are discovered, State law' would apply and the mitigation measures for the permit must account for this. According to the California Public Resources Code, ~ 5097.98, if Native American human remains are discovered, the Native American Heritage commission must name a "most likely descendant," who shall be consulted as to the appropriate disposition of the remains. Given the Project's location in Pechanga territory, the Pechanga Tribe intends to assert its right pursuant to California law with regard to any remains or items discovered in the course of this project. I See Executive Memorandum of April 29, 1994 on Government-to-Government Relations with Native American Tn"bal Governments and Executive Order of November 6, 2000 on Consultation and Coordination with Indian Tribal Governments. 2 See California Public Resource Code ~5097.9 et seq. . Pechanga Cultural Resources' Temecula Band of Luisefio Mission Indians Post Office Box 2 183 . Temecuta, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need Pechanga comment letter to the City of Temecula RE: Comments on Temecula Lane Project Page 3 . As was discussed above, the Project site lies in close proximity to the Ternecula Creek Village site which is a sensitive archaeological village site in which multiple Native American human remain burials were encountered. As the City is aware, measures were taken in that Project to assure the appropriate treatment and protection of those burials. Further, the proximity of the Project to the creek channel makes the discovery of more human remains likely. While the Tribe understands that the intent is to leave the portion by the creek channel as open space, adequate mitigation and protection of the sensitive areas are necessary. Such conditions of approval should provide for the mass grading to be performed near the sensitive site in a manner which would allow for the greatest protection of any items or human remains uncovered during the mass grading. For this reason, additional mitigation language is requested prior to the Project being approved. The Tribe has been in contact with the Project applicant who has expressed its willingness to work with the Tribe to develop adequate mitigation measures and conditions of approval for the sensitive areas. REQUIRED MITIGATION . Given this Project's close proximity to known cultural sites which were not adequately discussed in the initial cultural study, including a known village site, Pechanga requests the following be included as mitigation measures as well as conditions of approval which are required to be met prior to the issuance of grading permits, and the City should assure that the already issued mass grading permit adheres to the necessary conditions: 1. The mass grading of the Project site shall be performed in a controlled manner, the specifics of which shall be determined in consultation between the project applicant/developer and the Pechanga Band of Luisefio Indians prior to issuance of grading permits or prior to project approval. 2. Prior to issuance of the grading permit, the developer shall enter into a Treatment. Agreements with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be encountered during construction. The Agreement will further contain provisions of tribal monitors and address compensation for the Native American monitors being paid by the developer. 3. The landowner agrees to relinquish ownership of all cultural resources, including archaeological artifacts found on the project site, to the Pechanga Band of Luisefio Indians for proper treatment and disposition to the extent authorized by the law. 4. Monitoring by a professional archaeologist and Pechanga Tribal monitors is required during all ground disturbing activities. The monitor's shall each have the authority to temporarily halt and/or divert grading equipment to allow for additional investigation as necessary . Pechanga Cultural Resources. Ternecula Band oj Luiseiio Mission Indians Post Office Box 2183. Ternecula. CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need pechanga comment letter to the City of Temecula RE: Comments on Temecula Lane Project Page 4 5. If human remains are encountered, all activity shall stop and the County Coroner must be notified immediately. . All activity must cease until the County Coroner has determined the origin and disposition of said remains. The Coroner shall determine if the remains are prehistoric, and shall notify the State Native American Heritage Commission if applicable. Further actions shall be determined by the desires of the Most Likely Descendent. . 6. All sacred sites within the Project area are to be avoided and preserved. The Pechanga Tribe looks forward to working together with the City of TemecuIa, the applicant, and other interested agencies in protecting the invaluable Luisefio cultura1 resources found in the Project area. If you have any questions, please do not hesitate to contact me at (951) 308-9295 or Laura Miranda at (951) 676-2768, Ext. 2137. Thank you for the opportunity to submit these comments. Sincerely, ~.-- , . Vi Stephanie Gordin . Cc: Mr. Lindsey Quakenbush D.R. Horton 5927 Priestly Drive, Suite 200 Carlsbad, CA 92008 . . Pechanga Cultural Resources. Temecu/a Band of Luiseiio Mission Indians Post Office Box 2183. Tr!mecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need . ATTACHMENT NO.4 . MITIGATION MONITORING PROGRAM . R:\T M\2004\04-0490 31946 Temecula Lane\Draft STAFF REPORT template.doc 13 ~r~r:;I:i?:7SS-'~2;':~t;~:~i~~~~-;;~::,.:::"-!_L-_-~~iB_~--:/,;--~ - ;:;:~, ,'-'-' ;~mi~"'"-;~i'-:~~i..-~~~, l";;':;';~- i: , i _c:! -~-- -'j ,,~~, ~-~~~~~~fi~z~MjI . . . Mitigation Monitoring Program Temecula Lane Planning Application No. PA04-0490 through 0492 and PA04-0496 AIR QUALlTY- General Impact: The proposed project could potentially expose sensitive receptors to substantial pollutant concentration and could potentially create objectionable odors affecting a substantial number of people working in the nearby area. Mitigation Measures: Prior to the issuance of a grading permit, the applicant shall verify that all earth moving and large equipment are properly tuned and maintained to reduce emissions. In addition, alternative clean-fueled vehicles shall be used where feasible. Construction equipment should be selected considering emission factors and energy efficiency. Electrical and/or diesel-powered equipment should be utilized in-lieu of gasoline-powered engines. During construction and grading phases, the project site shall be watered down in the morning before grading and/or construction begins and in the evening once construction and/or grading is complete for the day. The project site shall be watered down no less than 3 times (not including the morning and evening water-down) during construction and/or grading activities to reduce dust. All fill being transported to and/or from the site shall be covered and the wheels and lower portion of transport trucks shall be sprayed with water to reduce/eliminate soil from the trucks before they leave the construction area. The property owner shall limit the number of imported soil material truck delivery trips per day to a maximum of 163 truck trips. Equipment onsite shall be limited to one dozer; two loaders; and one grader during the import phase of the project and to one dozer, two loaders, and six scrapers during the overexcavation/recompaction. The contractor will sweep adjacent streets and roads at least once per day, preferable at the end of the day, if visible soil material is carried over to adjacent streets and roads from the project site. The contractor shall post signs on the four property boundaries that state: If visible dust leaves this project site, call (give phone number and contact). R:\D P\2004\04-0496 Temecula Lane\CEQA\Mitigation Monitoring Program.doc 1 Specific Process: Planning staff will verify compliance with the above mitigation measure as part of the grading plan check review process. . Mitigation Milestone: Prior to the issuance of a building permit. Responsible Monitoring Party: Planning Department CULTURAL RESOURCES General Impact: Directly or indirectly destroying any unique paleontological or archaeological resources. Mitigation Measure: The Applicant shall enter into a pre-construction agreement/treatment plan with the Pechanga Band of Luiseno Indians, prior to the issuance of grading permits, that sets forth and contains the terms and. conditions for the treatment of discoveries of Native American cultural resources. The agreement /treatment plan shall contain provisions for the treatment of all Native American cultural items, artifacts, and Native American human remains that may be uncovered during the project. The agreement/ treatment plan may allow for the presence of Pechanga tribal monitors during any ground-disturbing activities. . Specific Process: Place the above condition of approval on this project to require a pre-construction agreement/treatment plan between the applicant and the Pechanga Band of Luiseno Indians prior to the issuance of grading permits. Mitigation Milestone: Prior to issuance of a grading permit. Responsible Monitoring Party: Planning and Public Works Departments General Impact: Directly or indirectly destroying any unique paleontological or archaeological resources. Mitigation Measure: The Applicant and/or landowner agrees to relinquish ownership of all cultural resources, including all archeological artifacts, that are found on the Project area to the Pechanga Band of Luiseno. Indians for proper treatment and disposition. Specific Process: Place the above condition of approval on this project so that if cultural resources are encountered during grading, ownership shall be relinquished to the Pechanga Band of Luiseno Indians for proper treatment and disposition. . R:\D P\2004\04-0496 Temecula Lane\CEQA\Mitigation Monitoring Program.doc 2 . . . Mitigation Milestone: Responsible Monitoring Party: Prior to the issuance of a grading permit. Planning and Public Works Departments General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Directly or indirectly destroying any unique paleontological or archaeological resources. Prior to any ground disturbance activities a qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Band of Luiseno Indians and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. Place the above condition of approval on this project so that a qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Band of Luiseno Indians and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. During the grading process. Planning and Public Works Departments General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Directly or indirectly destroying any unique paleontological or archaeological resources. If any human remains are encountered on the project site, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office and the Pechanga Band of Luiseno Indians and Miranda, Tomaras, Ogas & Wengler, LLP will be contacted to arrange for the treatment of such remains. Place the above condition of approval on this project so that if any human remains are encountered on the project site, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office and the Pechanga Band of Luiseno Indians and Miranda, Tomaras, Ogas & Wengler, LLP will be contacted to arrange for the treatment of such remains. During the grading process. Planning and Public Works Departments R:\D P\2004\04-0496 Temecula Lane\CEQA\Mitigation Monitoring Program.doc 3 . GEOLOGY AND SOILS General Impact: Unstable soil conditions from excavation, grading or fill. Mitigation Measures: A soils repqrt prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check and development shall occur in accordance with the recommendations set forth in the soils report and the EnGEN Corporation studies referenced in Initial Study. Specific Processes: Submit soils report with initial grading plan check erosion control plans for approval by the Department of Public. Grading plans shall incorporate the recommendations of the soils report and the EnGEN studies referenced in Initial Study. Mitigation Milestone: Prior to the issuance of a grading permit. Responsible Monitoring Party: Department of Public Works General Impact: Exposure of people or property to seismic ground shaking, seismic ground failure, landslides or mudflows, expansive soils or earthquake hazards. . Mitigation Measure: Ensure that soil compaction is to City standards. Specific Process: A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check. A registered Civil Engineer shall certify building pads.. Mitigation Milestone: Prior to the issuance of grading permits and building permits. Responsible Monitoring Party: Department of Public Works and Building & Safety Department. General Impact: Exposure of people or property to seismic ground shaking, seismic ground failure, landslides or mudflows, expansive soils or earthquake hazards. Mitigation Measure: Utilize construction techniques that are consistent with the Uniform Building Code. . Specific Process: Submit construction plans to the Building & Safety Department for approval. R:\D P\2004\04.0496 Temecula Lane\CEQA\Mitigalion Monitoring Program.doc 4 . . . Mitigation Milestone: Responsible Monitoring Party: Prior to the issuance of building permits. Building & Safety Department BIOLOGY General Impact: Mitigation Measures: Specific Processes: Mitigation Milestone: Responsible Monitoring Party: The proposed project could directly or indirectly disturbed wildlife and/or habitat on site. To avoid an illegal take of bird nests, any clearing, import or soil distribution will be conducted outside of the State identified nesting season (nesting is February 15 through September 1). Alternatively, the site will be evaluated by a qualified biologist prior to identification of ground disturbance to determine the presence or absence of nesting birds. Exclusion fencing (orange snow screen) will be installed along the construction limits along the north of the property to prevent construction activities from infringing on the Temecula Conservation Area. Submit soils report with initial grading plan check erosion control plans for approval by the Department of Public. Grading plans shall incorporate the recommendations of the soils report and the EnGEN studies referenced in Initial Study. Prior to the issuance of a grading permit. Planning Department R:\D P\2004\04-0496 Temecula Lane\CEQA\Mitigation Monitoring Program.doc 5 . . . ~:-~~-~ ~;;,'~~~~:,-+~~~~fi~::'-'~~:~,i~:?<:;i~~~_- ITEM #6 -O..~:.~~, i;"~~~~~~'~~*j~L~~~~_~ . . . Date of Meeting: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION December 14, 2005 Title: Associate Planner Prepared by: Veronica McCoy File Number PA05-0205 Application Type: Development Plan Project Description: Recommendation: (Check One) CECA: (Check One) A Development Plan application for a three-story retail/office building consisting of approximately 6,080 square feet of retail on the first floor, 5,137 square feet on the second floor and 4,978 square feet of office space on the third floor. The total square footage for the project will be 16,195 square feet. The project will be located at 41955 4th Street between Old Town Front Street and Mercedes Street. ~ Approve with Conditions o Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial ~ Categorically Exempt (Class) 32 (Section) o Notice of Determination o Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR G:\Planning\2005\P A05-0205 Burke Historical Bldg. DP\Planning\ST AFF REPORT for PC.doc 1 PROJECT DATA SUMMARY . Applicant: Interactive Design Corporation Completion Date: July 17, 2005 Mandatory Action Deadline Date: December 14, 2005 General Plan Designation: Community Commercial (CC) Zoning Designation: Old Town Specific Plan-5 Tourist Retail Core (TRC) Site/Surrounding Land Use: Site: Vacant North: South: East: West: Tourist Retail Core ( vacant) Tourist Retail Core (existing single family residential) Tourist Retail Core (vacant) Tourist Retail Core (existing retail/commercial building) Lot Area: .27 acres Total Floor Area/Ratio: 16,195 square feet /1.2 proposed Landscape Area/Coverage: 3,098 square feet / 23% of proposed site . Parking Required/Provided: 0 required / 15 provided BACKGROUND SUMMARY [8] 1. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. An application for a Development Plan was submitted on July 17, 2005. A DRC meeting was held on September 1, 2005 to discuss site, landscaping, architecture and other departmental issues. The applicant submitted revised plans on October 6, 2005. On November 14, 2005, The Old Town Local Review Board reviewed the proposed project and made findings of consistency and made a recommendation for approval of the project. The applicant proposes to construct a 16,195 square foot three-story retail/office building. The Burke Building will be located between Old Town Front Street and Mercedes Street. The 4th St. elevation of the second story of the building will include an outdoor patio seating area for tenant use. An alley is located on the north side of the property which will provide access from Mercedes Street to a proposed parking area for tenant use. Services to the building, such as trash service, utility meters and delivery access, will be provided from the proposed parking area at the rear of the building. . G:\Planning\2005\PA05-0205 Burke Historical Bldg - DP\Planning\STAFF REPORT for PC.doc 2 . . . The west side of the building is next to an existing commercial building. A zero setback is provided between the building and the west property line. The building setbacks meet the minimum requirement of the Old Town Specific Plan. On-site parking is not required for the project, however, 14 parking spaces are proposed for tenant usage. ANALYSIS Site Plan The project confonms to the development regulations of the Tourist Retail Core (TRC) district of the Old Town Specific Plan. The project proposes 16,195 square feet of retail/office space. The project meets the lot coverage criteria for the Tourist Retail Core (TRC) district of the Old Town Specific Plan as 100 percent lot coverage is permitted and 43 percent is proposed. Staff believes that attention to architectural design which includes detail to the enhanced elevations, such as intricate wall variations, smooth stucco finish, arched entries. and classical stucco . columns represent exceptional architectural amenities that support the proposed project square footage for the project. The applicant has been conditioned to apply for a Parcel Merger to merge the two lots into one legal lot. The applicant is in the process of applying for this application. The Parcel Merger will be processed separately from this application and will require Planning Commission approval. Architecture The proposed development is consistent with the Development Code, Old Town Specific Plan. and the Design Guidelines. The proposed architectural style is consistent with the existing "Bank" building located north of the proposed building and the design is consistent with the classical revival architectural style found in California between 1900 and 1920. The architect has created a building that employs many of the key elements found on buildings required for this time period which include arched entries, smoothed stucco columns, precast 'decorative panels, and a symmetrically arranged building. The use of authentic building materials and high quality replications of authentic materials, which include steel frame custom windows and doors, the same manufacture that had produced them back when this style was introduced. These materials meet the intent of the Specific Plan architectural guidelines and help to ensure the longevity of the building through reduced maintenance requirements. The building, as designed, will be a complementary addition to the west end of Old Town. The Burke Building style is reminiscent of the classical revival architecture massing. The Burke Building will be constructed of stucco accented with honed granite .on the base of the building. Precast decorative panels are strategically placed throughout the building for added detail of the classical revival style. The project will have three arches for each tenant on the first floor. The main entrance to the building for the offices on the second and third floor will be located to the left of the arches. The first floor of the building will be ADA accessible from 4th street as well as the parking area in the rear. The Burke Building will have a balcony seating area for employees on the second and third floor. The Old Town Temecula Specific Plan (TRC district) limits building heights to three stories and 50.0 feet. The proposed building has three stories and has a height of 47 feet 8 inches, which is consistent with the Old Town Temecula Specific Plan. G:\Planning\2005\PAOS.0205 Burke Historical Bldg - DP\Planning\STAFF REPORT for PC.doc 3 LandscapinQ The landscape plan conforms to the landscape requirements of the Old Town Temecula Specific Plan and Design Guidelines. Plant materials include Red Purple Leaf Plum, 1:I0lly Oak, and Western Sycamore trees and Blue Lily of the Nile, Japanese Boxwood, Sago Palm, Indian Hawthorn, and Italian Cypress shrubs. Ivy materials include Boston Ivy and ground cover will include Star Jasmine and seasonal annuals. Plant materials soften the development and unify the area as a pleasant environment. The project proposes to landscape approximately 3,098 square feet or twenty-three percent of the site, which exceeds the minimum requirement of zero percent in the TRC (Tourist Retail Core) land use district of the Old Town Temecula Specific Plan. The Old Town Temecula Specific Plan recommends a minimum of one 15-gallon size tree for every 800 square feet of landscaping and one shrub or vine for every 50 feet of landscaping provided. The project exceeds the recommendation for both trees and shrubs. Access and Circulation The Public Works Department has analyzed the projected traffic impact of the project and has determined that the impacts are consistent with the traffic volumes projected for the site by the previously approved City General Plan EIR. The Fire Department also reviewed the plan and determined that there is proper access and circulation to provide emergency services. ENVIRONMENTAL DETERMINATION 1ZI1. In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be Categorically Exempt from further environmental review. Class 32 Section 15332 In-fill development projects. CONCLUSION/RECOMMENDATION Staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan, Development Code, Old Town Specific Plan, and Design Guidelines. Therefore, staff recommends that the Planning Commission approved Development Plan PA05-0205, based upon the findings and with the attached conditions of approval. FINDINGS Development Plan (Code Section 17.05.010F) 1. The proposed use is in conformance with the General Plan for Temecula and with applicable requirements of state law and the ordinances of the City. The proposed project is located within the Community Commercial (CC) land use area of the General Plan. The proposed project is a development application, which will not change the business use of the site. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), and fire and building codes. G:\Planning\2005\PAOS.0205 Burke Historical Bldg - DP\Planning\STAFF REPORT for PC.doc 4 . . . . . . 2. The overall development of the land is designed foe the protection of the public health, safety am and general safety. The proposed architecture is consistent with the Architectural requirements as stated in the Old Town Temecula Specific Plan. The proposed architecture is consistent with the architectural styles found in California between 1890 and 1920. The architect has created a building that employs many of the key elements found on buildings of the required time period. 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. Site Plan - Blue Page 6 2. Plan Reductions - Blue Page 7 3. PC Resolution 05-_ - Blue Page 8 Exhibit A - Draft Conditions of Approval G:\Planning\2005\PAOS.0205 Burke Historical Bldg - DP\Planning\STAFF REPORT for PC.doc 5 e ATTACHMENT NO.1 . SITE PLAN . '; ." _,,"ra.';"'-='::':"==~:',:.",,__,,~~ -----+------- ALLEY -~---------- - - .- -.r1"rLH llEQ.~.(7 ,"",,~n-"'" ~'\:.';i:-...;:.:...,.;;. I-.J:':B'D"""'~" ,,', . .,,-' -~;.' . ,.>,..,- ;'0:" ,.,', ... '_.-. .-'....,'....." . - ," "':..... -..1,_, .<, ,.-....',.:...- ," ;~';_., .{(~ -" -~ -= @J o o @ @ ..~ 1=<1 -~ W'.Q'I/f_l'I'P. - ~ (--- TWOWAY ~ ~DPAI<KING .1 !i ;. lj ""--~.-\' l I w~ -0 = ~= '''''''' . --- -,~ ....arr.~ ~;,;;o,;;J"",,, =~""'''''''t / ~w : : 0: L__L__'__--1 I I I . 1 , 1 I 0, L _ ~I_ ~ _1_ ~.-J I -, 1 I '0' 1 1 1 1 L _ _1_ _ _1_ _-1 ,- I , I : : 1 0: L _ _1_ _ _L _-1 4TH STI<EET . ATTACHMENT NO.2 . PLAN REDUCTIONS . "i , L_ . _~:~~--;T;:::1i~~~%i~~:'.o.-::;-~:;;;-:_-:;~~~;~~~-,";--:;::--"-'~1~~'~ii~;~~~-~'~-'-~~iil~t~~. G:\Planning\2005\PA05-0205 Burke Historica,l Bldg - DP\Planning\STAFFREPORT for PC.doc 7 . . . 0__ D D ~Ij . . .. . ~ . . D~ OJ. OJd~ Ii .. . . . . . . re~~<;:~r. ATTACHMENT NO.3 PC RESOLUTION NO. 05_ G:\Planning\2005\P A05-0205 Burke Historical Bldg - DP\Planning\S,T AFF REPORT for PC.doc " 8 . n' ;'<::::;C:::~::.;:.-:'C~.;:~':;':': -,,::...,,:;c~~u ,~,:"'~~;,,-. """':-~_~,:,._;~~~~--:-:-\':I':;!:,o:.:""=<"~~:~.::~- ,_:::_:-i~"::~--.E~,i: t.-' i -,I <,:! . " "Ie" -J,$':it11f..~-i!-~~.~-~~~~ . PC RESOLUTION NO. 05-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0205, A DEVELOPMENT APPLICATION FOR A THREE-STORY BUILDING CONSISTING OF APPROXIMATELY 6,080 SQUARE FEET OF RETAIUCOMMERCIAL SPACE ON THE FIRST FLOOR, 5,137 SQUARE FEET ON THE SECOND FLOOR AND 4,978 SQUARE FEET OFFICES ON THE THIRD FLOOR. TOTALING 16,195 SQUARE FEET, LOCATED AT 41955 4TH STREET BETWEEN FRONT STREET AND MERCEDES STREET WHEREAS, Michael McAuliffe, representing Interactive Design Corporation, filed Planning Application No. PA05-0205 (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 December 14, 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. Findinos The Planning Commission, in approving the Application, hereby makes the following findings as required by 17.05.010.F (Development Plan) 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 the Community Commercial (CC) land use designation within the City of Temecula's General Plan, and the development standards of the Tourist Retail Core (TRC) designation in the Old Town Temecula Specific Plan. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of the proposed 16,195 square foot three-story retail/office building. G:\Planning\2005\PA05-0205 Burke Historical Bldg - DP\Planning\Draft PC Resolution & COAs.doc 1 B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. . The proposed architecture is consistent with the Architectural requirements as stated in the Old Town Temecula Specific Plan. The proposed architecture is consistent with the architectural styles found in California between 1890 and 1920. The architect has created a building that employs many of the key elements found on buildings of the required time period. 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 4. Environmental Compliance. The project will have no significant environmental impacts and has been found to be Categorically Exempt pursuant to Section 15332 (In-Fill Development Project) of the California Environmental Quality Act Guidelines. Section 5. Conditions. The City of Temecula Planning Commission hereby conditionally approves the Application, a Development Plan for a three-story building consisting of approximately 6,080 of retaiVcommercial on the first floor, 5,137 square feet on the second floor and 4,978 square feet for office space on the third floor. The total square footage for the project is 16,195 square feet. The project is located at 41955 4th Street (APN # 922033018 & 922033019). Staff recommends approval of the project subject to the with conditions of approval contained in the attached Exhibit A. Section 6. PASSED, APPROVED AND ADOPTED by the City of Temecula . Planning Commission this 14th day of December, 2005. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] . G:\Planning\2005\PA05-0205 Burke Historical Bldg - DP\Planning\Draft PC Resolution & COAs.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. 05-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 14th day of December, 2005, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSTAIN: Debbie Ubnoske, Secretary G:\Planning\2005\P A05-0205 Burke Historical Bldg - DP\Planning\Draft PC Resolution & CQAs.doc 3 . EXHIBIT A . DRAFT CONDITIONS OF APPROVAL . T.-;; G:\Planning\2005\PA05-0205 Burke Historical Bldg - Dp.plannjilg\DraftPC Resolution & COAs.doc t . -: 4 L'",_i _. ... . ......).,:,,1 ii~~'.~o-~::~::;';t~:,~_:~~~~:~~~:6'i~;e:~:.::~~ii1~~~~F~~~;::3l~,-_c:~j;.:~~~~~:;~~''';~,~~~. . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No. PA05-0205 Project Description: A Development Application for a three-story building consisting of approximately 6,080 of retail/commercial on the first floor, 5,137 square feet on the second floor and 4,978 square feet for office space on the third floor. The total square footage for the project is 16,195 square feet. The project is located at 41955 4th Street between Front Street and Mercedes Street (APN # 922033018 & 922033019). MSHCP Category: Commercial DIF Category: Office! Retail Commercial TUMF Category: Service Commercial/Office Assessor's Parcel No.: 922-033-018 and 922-033-019 . Approval Date: December 14, 2005 Expiration Date: December 14, 2007 WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. . G:\P1anning\2005\PA05~0205 Burke Historical Bldg - DP\P1anning\Draft PC Resolution & COAs.doc 5 . . . GENERAL REQUIREMENTS G:\Planning\2005\PA05-0205 Burke Historical Bldg. DP\Planning\Draft PC Resolution & COAs.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. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 4. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The Director of Planning may, upon an application being filed within thirty days prior to expiration, and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time. . 5. 6. A separate building permit shall be required for all signage. 7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. . 8. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 9. All mechanical and roof equipment shall be fully screened from public view by being placed below the surrounding parapet wall. 10. Trash enclosures shall be provided to house all trash receptacles utilized on the site. 11. 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:\Planning\2005\PA05-0205 Burke Historical Bldg - DP\Planning\Draft PC Resolution & COAs.doc 7 12. Lighting shall be consistent with Ordinance No. 655 for the regulation of light pollution. . 13. All conditions shall be complied with prior to any occupancy or use allowed by this Development Plan. Public Works Department 14. A Grading Permit for either rough and/or precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 15. 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. 16. All improvement plans, grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 17. The project shall include construction-phase pollution prevention controls and permanent post-construction water quality protection measures into the design of the project to prevent non-permitted runoff from discharging offsite or entering any storm drain system or receiving water. 18. A Water Quality Management Plan (WQMP) shall be submitted to the City. The WQMP will include site design BMPs (Best Management Practices), source controls, and treatment mechanisms. . Building Department 19. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 Californ.ia Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 20. 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. 21. 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. 22. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. . G:\Planning\2005\PA05-0205 Burke Historical Bldg. DP\Planning\Draft PC Resolution & COAs.doc 8 . . . 23. Obtain all building plans and permit approvals prior to commencement of any construction work. 24. Show all building setbacks. 25. Developments with multi-tenant buildings shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems. Developments with Single User Buildings shall clearly show on the plans the location of a dedicated panel for the purpose of the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 26. Provide an approved automatic fire sprinkler system. 27. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1,1998) 28. Provide disabled access from the public way to the main entrance of the building. 29. Provide van accessible parking located as close as possible to the main entry. 30. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 31. 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 Fire Prevention 32. 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. 33. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix liLA, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 2750 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM for a total fire flow of 3150 GPM with 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III-A) G:\Planning\2005\PA05-0205 Burke Historical Bldg - DP\Planning\Draft PC Resolution & COAs.doc 9 34. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum of 2 hydrants, in a combination of on-site and off-site (6" x 4" x 2-21/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 400 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and 35. 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. CFC903.2) Community Services Department 36. This developer shall accommodate a recycling bin, as well as, a regular solid waste container. 37. 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. 38. the developer shall comply with the Public Art Ordinance. 39. All landscaping, fencing and on-site lighting shall be maintained by the property owner or private maintenance association. G:\Planning\2005\PA05-OZ05 Burke Historical Bldg - DP\Planning\Draft PC Resolution & COAs.doc 10 . . . . . . PRIOR TO ISSUANCE OF GRADING PERMITS G:\Planning\2005\PA05-0205 Burke Historical Bldg - DP\Planning\Draft PC Resolution & COAs.doc 11 . . . Planning Department 40. 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. 41. A copy of the Grading Plan shall be submitted and approved by the Planning Department. 42. 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. 43. 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 determination is not an archaeologicaVcultural 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 44. 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. 45. 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. 46. 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. 47. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. . G:\Planning\2005\PAOS-0205 Burke Historical Bldg - DP\PIanning\Draft PC Resolution & COAs.doc 12 48. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. . 49. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion & Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. 50. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. 51. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Planning Department c. Department of Public Works . 52. 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. 53. 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. . G:\Planning\2005\PA05-0205 Burke Historical Bldg - DP\Planning\Draft PC Resolution & COAs.doc 13 . PRIOR TO ISSUANCE OF A BUILDING PERMIT . . G:\Planning\2005\PA05-0205 Burke Historical Bldg - DP\Planning\Draft PC Resolution & COAs.doc 14 . Planning Department 54. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 55. The applicant shall submit a comprehensive sign program for review and approval by the Planning Director. All signage shall comply with the approved sign program. . 56. 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 an agronomic soils report with the construction landscape plans. c. One (1) copy of the approved grading plan. d. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). e. Total cost estimate of plantings and irrigation (in accordance with approved plan). f. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 57. All utilities and light poles shall be shown and labeled on the landscape plans and appropriate screening shall be provided. Group utilities together in order to reduce intrusion. 58. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. 59. The Planning Director shall approve the Construction Landscaping and Irrigation Plans. 60. The building construction plans shall include details for all trash enclosures for the project, which shall consist of masonry walls and metal or wood doors, a trellis structure over the top of the enclosure, a concrete floor and a concrete stress pad to reduce pavement damage from disposal trucks. Public Works Dep!lrtment 61. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. . G:\Plannmg\2005\PA05-0205 Burke Historical Bldg. DP\PJanning\Draft PC Resolution & COAs.doc 15 b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard No. 400. All street and driveway centerline intersections shall be at 90 degrees. Improvement plans shall extend 300 feet beyond the project boundaries. c. d. e. f. 62. 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 Fourth Street (Local Road Standards - 60' RfW) to include installation of paving, rolled curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). b. Improve Alley (Road Standards - 20' RfW) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, drainage facilities, utilities (including but not limited to water and sewer). c. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. 63. A Parcel Merger must be approved to the satisfaction of the Director of the Department of Public Works and recorded. 64. The Developer shall construct the following public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Street improvements, which may include, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. b. Storm drain facilities. c. Sewer and domestic water systems. d. Under grounding of proposed utility distribution line. 65. 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. 66. 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. 67. 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. G:\Planning\2005\PA05-0205 Burke Historical Bldg - DPlPlanning\Draft PC Resolution & COAs.doc 16 . . . . . . Building and Safety Department Prior to Submittinq for Plan Review 68. Obtain street addressing for all proposed buildings prior to submittal for plan review. At Plan Review Submittal 69. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Appendix Chapter 12, Section 1208A, of the 2001 edition of the California Building Code. 70. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 71. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 72. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 73. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. Prior to Permit Issuance 74. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Prior to First Requested Buildinq Inspection 75. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Fire Department 76. 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) 77. 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 see 902) 78. 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\P A05-0205 Burke Historical Bldg - DP\Planning\Draft PC Resolution & COAs.doc 17 79. 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) Community Services 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\PA05-0205 Burke Historical Bldg - DP\Planning\Draft PC Resolution & COAs.doc 18 . . . . . . PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:\Planning\2005\PA05-0205 Burke Historical Bldg - DPlPlanning\Draft PC Resnlntinn & COAs.doc 19 . 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 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, subject to review and approval 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: 84. "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." 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. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. G:\Planning\2005\PAOS.0205 Burke Historical Bldg - DP\Planning\Draft PC Resolution & COAs.doc 20 89. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 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) 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 for 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) 93. 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 submittec;l 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 main entrance 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\PA05~0205 Burke Historical Bldg. DP\Planning\Draft PC Resolution & COAs.doc 21 . . . . . . OUTSIDE AGENCIES G:\Planning\2005\PA05-0205 Burke Historical Bldg - DP\Planning\Draft PC Resolution & COAs.doc 22 . . . 99. The applicant shall comply with the attached letter dated July 28, 2005 from Easter Information Center. 100. The applicant shall comply with the attached letter dated August 9, 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. Date Applicant's Signature Applicant's Printed Name G:\Planning\2005\PA05-0205 Burke Historical Bldg - DP\Planning\Draft PC Resolution & COAs.doc 23 --.. _. .~...~~~.........~ ..............~ r,....UO: ..:. JUL-28-2005 09:19 . J/E I C/~THRO UCR 951 827 5409. P.02/02 EASTERN INFORMATION CENTER CALIFORNIA HISTORICAL ~ESOURCES INFORMATION SYSTEM Department of Anthropology, University of Califomia. Riverside, CA 92521.0418 (951) 827-5745 .. Fax (951) 827-5409. eickw@ucr.edu rnyo, Mono, and Riverside Counties . TO: Veronica McCoy City of Temecula Planning Department July 28, 2005 RE: Cultural Resource Review Case: PA-OS-205/Burke Historical Office Building Records at the Eastern Information Center of the California Historical Resources Information System have been reviewed to determine ifthis 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. L 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 (R1- ) identified one or more cultural resources. The project area contains, or has the possibility 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. A Phase I cultural resource study (RI- recommended. ) identified no cultural resources. Further study is not There is a low probability of cultural resources. Further study is not recommended. 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 recommen'dations. . Due to the archaeological sensitivity of the area. earthmoving during construction should be monitored by a profeSSional archaeologist. .L 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. Preservition "inning Bu//etin 4(8), December 1989. r.I Phase I Phase II Phase III Phase IV Records search and field survey Testing [Evaluate resourCe significance; propose mitigation measures for "significant" sites.] Mitigation [Data recovery by excavation, preservation in place, or a combination of the two.) Monitor earthmoving activities COMMENTS: If you have any questions, please contact us. . Eastern Information Center WARREN D. WILUAMS ieneral Manager-ChiefEngineer . . . 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 951.788.9965 FAX 5UgO.l RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City ofTemecula Planni ng Department Post Office Box 9033 Temecula, Califomia 92589-9033 Attention: "~~ON\U", Me cui Ladies and Gentlemen: AUG 1 1 2005 "Vp..D'7 - D20~ Re: 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 ~ 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 comPQnent 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. TI;Ie District has not reviewed the proPosed project in detail and the following checked comments do not in any way constiMe or imply District approva or endorsement of the proposed project WIth respect to flood hazard, public health and safety or any other such Issue: . No comment. ...)S..... Thi~ project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional Interest proposed. . . This project involves District Master Plan facilities. The District will accept ownership of such facilities on written request of the City. Facilities must be constructed to District standards, and District plan check and ins~on will be required for District acceptance. Plan check, inspection and administrative fees will be required. This project prQllOses channels, storm drains 36 inches or larger in diameter or other facilities that could be conSIdered regional in nature and/or a logical extension of the adopted . . Master Drainage Plan. The District would consider acceJlling ownership of SUch faclllues on wntten request of the City. Facilities must be constructed to District staooards, and District plan check and inspection WIll be required for District acceptance. Plan check, inspection and administrative fees will be required. L This project is located within the limits of the District's f'1.\H-\Pol ~t~ -'-~M""'\.Io. .JA-"~ Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid by cashle s check or money order only to the Flo6C:l Control District or "City pnor to final approval of the project, or in the case of a parcel map or subdivision prior to recordation of the final map. Fees to be paid should be at the rate in effect at the time of recordation, or if deferred, at the time of issuance of the actual permit. An encroachment permit shall be obtained for any construction related activities occurring within District right of way or facilities. For further information, contact the District's encroachment permit section at 951.955.1266. . GENERAL INFORMATION This project may r~uire a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for gradingJ recori:!ation, or other final approval should not be given until the City has determined that the project has been grantea a permit or IS shown to be exempt. If this project involves a Federal Emergen9' Management Agency (FEMAl mapped flood plain, then the City should require ffie applicant to provide all studies calculations, plans. and other mformation r~uired to meel FEMA requirements, and should further require that i1ie applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped flood. plain is impacted by this prol' ect, the City should require the applicant to obtain a Section 1601/1603 Agreement from the Califomia Departmen of Fish ani:! Game and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or Written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be require(! from the local Califomia Regional Water Quality Control Board prior to issuance of the Corps 404 permit. . Very truly yours, ~~ c: Riverside County Planning Department Attn: David Mares /-A. ARTURO DIAZ Senior Civil Engineer Date: 8- pr c?5 . ITEM #7 . . '" ,_~ 'ci.c,~::~-t~~~:::",)~~~~" _:;~ ( . . . STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: December 14, 2005 Prepared by: Veronica McCoy Title: Associate Planner File Number: PA05-0254 P A05-0319 Application Type: Development Plan Conditional Use Permit Project Description: Planning Applic~ion No. PA05-0254 is a request for a Development Plan to construct a new commercial shopping center and Planning Application No. PA05-0319 is a Conditional Use Permit to allow a drive- thru Automatic Teller Machine for a proposed Wells Fargo Bank located on Highway 79 South between Mahlon Vail and Butterfield Stage Road. The applicant proposed to construct a 73,306 square foot shopping center that includes five retail buildings. (A.P.N.'s 952-200- 002,011,012, and 013 Recommendation: (Check One) 1:8:1 Approve with Conditions D Deny D Continue for Redesign D Continue to: D Recommend Approval with Conditions D Recommend Denial CEQA: (Check One) D Categorically Exempt (Class) 15162 1:8:1 Notice of Determination (Section) D Negative Declaration D Mitigated Negative Declaration with Monitoring Plan DEIR G:\Planning\2005\PA05-0254 Butterfield Station DP\Planning\STAFF REPORT-doc 1 PROJECT DATA SUMMARY . Applicant: Megaland Engineers & Associates Completion Date: August 29, 2005 Mandatory Action Deadline Date: December 14, 2005 General Plan Designation: Community Commercial (CC) Zoning Designation: Vail Ranch Specific Plan 10 (SP-10) Site/Surrounding Land Use: Site: Vacant North: South: East: West: Low Medium Residential (existing single family residences) Vacant Community Commercial (existing shopping center) Industrial Park (existing industrial) Lot Area: 6.58 acres Total Floor Area/Ratio: 73,306 square feet / 25% . Landscape Area/Coverage: 57,324 square feet/ 20% of proposed shopping center area Parking Required/Provided: 242 spaces / 308 spaces provided BACKGROUND SUMMARY t8J 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. An application for a Development Plan was submitted on August 29, 2005. A DRC meeting was held on September 29, 2005 to discuss site, landscaping, architecture and other departmental issues. The applicant submitted revised plans on October 25, 2005. The site was originally zoned Highway Tourist Commercial (HT); however, as a result of the General Plan consistency zoning update, the zoning changed to Community Commercial (CC). The project has been developed to Community Commercial zoning regulations. The five buildings range in size from 3,954 square feet to 30,113 square feet. The two major anchor tenants will be located on the south of the site. The proposed buildings will be constructed of various materials including a stone veneer, tilt up concrete, and heavy wood rafter tails. Each building will incorporate the same building materials, but will be located on different areas of the buildings to provide architectural interest, while keeping a similar style. The buildings provide both parapet height variations and building articulations as required by the . City's Design Guidelines. G:\Planning\2005\PA05-0254 Butterfield Station DP\Planning'STAFFREPORT.doc 2 . ANALYSIS The proposed project consists of approximately 73,306 square feet of retail floor area. The project includes two major anchors, which could potentially be a Best Buy (Anchor 2) and a Linens-N-Things (Anchor 1). There is also a Wells Fargo bank proposed on Pad A. The Conditional Use Permit will allow a drive-through for a 24-hour Automatic Teller Machine. Site Plan The project conforms to the development regulations of the Community Commercial (CC) zoning district. The 25 percent Floor Area Ratio is below the target ratio of 30 percent for this zoning district. The applicant applied for a Parcel Map in 2003 to merge 6 lots into two legal lots. The applicant has also applied for a sign program that will require Planning Commission approval at a later date. Architecture . The proposed development is consistent with the architectural design guidelines of the Vail Ranch Specific Plan, Development Code and Design Guidelines. The proposed architectural style continues the "ranch theme" which exists along this stretch of Highway 79 South. The project also proposes architectural elements that will create an aesthetically pleasing and pedestrian friendly shopping center. These architectural elements include: trellises with a stone veneer base and accent lights over pedestrian walkways throughout the site, including the parking lot; a common area located in front of shop C which includes planter seating, gable forms for shade, enhanced paving, and a tower to signify the main plaza area, and lower planter seating will be located throughout the plaza for pedestrian to use. The proposed shopping center will also have decorative lighting to reflect the ranch theme throughout the site. The buildings will be constructed of stucco with stone veneer accenting the main entry and side entry ways of the building. Faux wood siding is strategically placed on the building facades throughout the plaza, along with stained wood brackets that are used for added detail along the front, side, and rear elevations. A tower element will be located between the two anchor buildings. The buildings also provide varying pop-outs and the look of two story elements by placing glass windows on the top portion of Pad B north, west, and south elevations, Anchor 2 building on the north elevations, as well as the tower element on Pad A north and east elevations. The choice of roof tiles completes the ranch theme architecture concept by providing a faux wood shingle tile. The main site entrance located off of Highway 79 South will have enhanced paving and a landscaped median to add visual interest into the entrance. The building on Pad A will be a bank with a drive-through Automatic Teller Machine. In order for the drive-through to be approved, a Conditional Use Permit must be approved with the project. The project has been conditioned to provide enhanced landscaping northwest along Highway 79 south to screen any stacking of vehicles. Landscapinq . The landscape plan conforms to the landscape requirements of the Development Code and Design Guidelines. Six species of trees and eight species of shrubs are proposed for this site along with three species of vines. Tree species include Chinese Flame, Sweetgum, Mondell . Palm, Fern Pine, California Pepper and Purple Leaf Plum. The streetscape along Highway 79 South is proposed to contain Purple Leaf Plum in 36" boxes which will accent the frontage views. G:\Planning\2005\PA05-0254 Butterfield Station DP\Planning\STAFF REPORT.doc 3 The perimeter of the site will be fully landscaped and the parking area landscaping meets . Development Code requirements. To make the landscaping for this project consistent with existing commercial property to the east, diamond landscaping planters should be allowed instead of County approved "fingers" for every ten parking spaces. Tree and shrub placement will serve to effectively screen onsite parking areas and soften building elevations. The project proposes to landscape 57,324 square feet or 20 percent of the site, which meets the minimum 20 percent landscape requirements in the CC (Community Commercial) zone. Access. Circulation and Parkina The Department of Public Works has analyzed the proposed traffic impact of the project and has determined that the impacts are consistent with the traffic volumes projected for the site by the previously approved City of Temecula General Plan EIR and Vail Ranch Specific Plan EIR. The Fire Department has also reviewed the plan and determined that there is proper access and circulation to provide emergency services to the site. Access to the proposed shopping center will be provided by three access points. The first access point measures 45 feet wide and is located on the north side of the property off of Highway 79 South. The second access point is located on the south side of the property off of Wolf Store Road. The second access point measures 24 feet wide. The third access will allow access from the retail center to the east of the project. The proposed project provides 308 parking spaces, while the parking requirement for this size of use is 242. Two loading spaces have been provided along the south east portion of . the shopping center, behind the two largest building pads, anchor 1 and 2, thereby meeting the loading space requirement of Section 17.24.060 of the Development Code. ENVIRONMENTAL DETERMINATION ~ 1. In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be exempt from further environmental review. (CEQA Section 15162 subsequent EIR's and Negative Declarations). The project has been analyzed within the previously approved Mitigated Negative Declaration for PA03-0355. The proposed project has been conditioned to comply with the approved Mitigated Negative Declaration and the Mitigation Monitoring Program (attached). CONCLUSION/RECOMMENDATION Staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable ordinances, standards, guidelines, and policies. Therefore, staff recommends that the Planning Commission approve the Development Plan (PA05-0254) and the Conditional Use Permit (PA05-0319), based upon the findings and the attached conditions of approval. . . G:\Planning\200S\PA05-0254 Butterfield Station DP\Planning\STAFF REPORT.doc 4 . 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 Community Commercial (CC) development in the City of Temecula General Plan. The General Plan has listed the proposed uses, including retail, professional office and service oriented business activities, as typical uses in the Community Commercial designation. The, Land Use Element of the General Plan requires that proposed buildings be compatible with existing buildings. The proposed commercial buildings have been designed to be compatible with the surrounding buildings currently located adjacent to the subject site. In addition, the proposal is consistent with the development regulations of the Community Commercial (CC) zoning district. The proposal is consistent with the land use designation and policies reflected for Commercial zoning of the Vail Ranch Specific Plan. 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 Commercial 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. Conditional Use Permit PA05-0319 (Code Section 17.04.010.E\ 1. The proposed conditional use is consistent with the General Plan and the Development Code. The proposal for a drive-through facility, is consistent with the land use designation and policies reflected in the Vail Ranch Specific Plan, the land use standards in the General Plan and the City's Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). 2. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. . G:\Planning\2005\P A05-0254 Butterfield Station DP\Planning\ST AFF REPORT-doc 5 The proposed conditional use is compatible with the nature, condition and development . of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the project site is a commercial use on commercially zoned land. The building is designed to enhance the surrounding area and therefore will not adversely affect the adjacent uses, buildings or structures. 3. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The conditional use is a request for four drive-through facilities on commercially zoned land. The site is adequate in size and shape to accommodate the proposed drive-through facilities without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code. 4. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. Staff has reviewed the proposed project and feels it has been designed to minimize any adverse impacts, including health, safety and general welfare to the community. ATTACHMENTS . 1. Site Plan- Blue Page 7 2. Plan Reductions - Slue Page 8 3. PC Resolution No. 05-_ - Blue Page 9 Exhibit A - Draft Conditions of Approval 4 Initial Study and Mitigated Monitoring Plan - Blue Page 10 . G:\Planning\2005\P A05-0254 Butterfield Station DP\Planning\ST AFF REPORT.doc 6 . ATTACHMENT NO.1 . SITE PLAN . G:\Planning\2005\PA05-0254 Butterfield Station DP\Planning\STAffFREPORT.doc "7 ~;:5',' -; ;:_.??:~sC;'Ki1.i~... --....."~.,c I 1 I I I IS': .<>. . . 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III ~s e~ ~ liiM '11'1' ~ II lill 2:-' .. ill -~, ~i , " 1111,e, '3 c, ,,~~ _ !~~I ~d ~~; ~ t ... '< c! .'" .. ~:.:~:. ~::; ~~...:: ~~~ t_1" ," t I .-- ." ! !llll !i n II dd h! 'ill.lli · ll!~ II! '11'1" ~ . . Iii .1. I dill! ~! i i ! ! ii,! m 1""""l ~ <0 III g < "Z ~o ~8 0", .~ j~ .0 "U z" ~o ~.. ".. ~o QZ 1IiO'i-';:n!l<;l;)"'J..l!t-i6lhli)_ OKUY.I.."""".ftlffl....~_lttW """-l\lflS.SOlIIOIII'.sotfI'lj.SllDGIl"Wl - .1 ....""'*' NOl1V.lS al31:1~3lJ.09 N'tild3.1IS O\Iml:nlOJ.S:flOM 'HltlOS 6l A....MHDIH VSZO-SOVd NVld lOld Vln::>3r43.1:l0 All::> I . I l ~ <1l . I I I I I I ~1'1 \ \ \ I : I I I II ~I - fj:J ~ ~ (j ~ !.(J& I,(j~ [5;::: :sfQ ~!J (J"'" ~ 'J!! . II II III <:\1 ~ ~ ~ I I ~ ~ . . i~ I ~I . . . ATTACHMENT NO.2 PLAN REDUCTIONS .--:::ct';.,.-, G:\Planning\2005\PA05-0254 Butterfield Station DP\PIanning\5TAFF REPORT.doc 8 i j -.-"~"_c, -,f'--~:"€! ,J~I ~~':i~:t~;~:i~i~~"~+C~~~~~';''2"'~~~ik~~~~~t~~,S;i~~;~~~~iI;!~~ E"0z;:?f~~~~~~f!r:~~;;: -~::-:":t~~~rD- . . I ,1,1 I Ii! Iii "Iii I II II Hill! III 000@000 ~ IlIpil1! i3 H ! l! IIII I ~ H I linin!! ~ 1111 111111 il II "' 000@00 00 Ill" III 1,,1 I Hi! I!!! I .11 Lld!.l. '" ~0000<H>0 ~ ~ ' ! I ~ I, P II ~ ~ I I I !I ! 'I I I "' ,I. I ! !, iil 000000000 ...... ~ . " ...... ffi ~ ~ ~~ ~8 .~ j~ .0 ~~ ~~ ~i5 ~z rJ'i Z '" 9 ~ "'" 0: < '" :> ~ 1"'1 g: .... ... 1"'1 :( " >- z ~ ..... .... 9 ~ ..... .. ;;;> 0 !l:l ~ ~ '" 0" == <: U ~ N '" ~ Z N '" 0 <: u ..... .{ "'" ... < " "'" ~ rJ'i I::l .... ~ 1"'1 ..... ~ '" '" ~ z 1"'1 ~ z 0 z >- ;:: 0 ~ 0 "'" <: <<: ~ ;:: "'" ~ >- Iii <<: ;;J "' Iii > " iil iil ~ !l:l IE ~ 1 ~~ ~1 "' . ...., .... .0::;.:;- "', ~~ '" ~ \ ~l ~l ~ 5il <<: , . "' . ATTACHMENT NO.3 . PC RESOLUTION NO. 05-_ . .j ,j~1 G \Planning\2005\PA05-0254 Butterfield Station DP\Planmng\STAFFREPORT.doc -~~~1 9 ~~,il ::~~j .t~M~~~~~~~~_;."< :c~~~f4:S$';:~_j:1I-'-\7~tB~~.....~.lLJB' Ur. ~;:~,(.: ~)~.,,_~_~..:--<-~~~~ re ~":.~~-w~~~~_t~___ml_ ~II . PC RESOLUTION NO. 05-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0254, A DEVELOPMENT PLAN TO CONSTRUCT A NEW COMMERCIAL 73,306 SQUARE FOOT SHOPPING CENTER THAT INCLUDES FIVE RETAIL BUILDINGS AND PLANNING APPLICATION NO. PA05-0319, A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THROUGH AUTOMATIC TELLER MACHINE FOR A WELLS FARGO BANK LOCATED ON HIGHWAY 79 SOUTH BETWEEN MAHLON VAIL AND BUTTERFIELD STAGE ROAD (ASSESSOR'S PARCEL NUMBER 952- 200-002,011,012, AND 013) WHEREAS, Joe Reyes, representing Megaland Engineers & Associates, filed Planning Application No. PA05-0254 and PA05-0319, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application Nos. PA05-0254 and PA05-0319 were processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; . WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application Nos. PA05-0254 and PA05-0319 on December 14, 2005, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application Nos. PA05-0254 and PA05-0319 subject to the conditions after finding that the project proposed in Planning Application Nos. PA05-0254 & PA05-0319 conformed to the City of Temecula General Plan and Development Code; 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. Findinas. The Planning Commission, in approving Planning Application No. 05-0259 (Development Plan) hereby makes the following findings as required by Section 17.05.01 O.F of the Temecula Municipal Code: . A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the City; The proposal is consistent with the land use designation and policies reflected for Community Commercial (CC) development in the City of Temecula General Plan. The General Plan has listed the proposed uses, including retail, professional office and . service oriented business activities, as typical uses in the Community Commercial designation. The Land Use Element of the General Plan requires that proposed buildings be compatible with existing buildings. The proposed commercial buildings G:\Planning\2005\P A05.0254 Butterfield Station DPlPlanningldraft Reso.doc 1 have been designed to be compatible with the surrounding buildings currently located . adjacent to the subject site. In addition, the proposal is consistent with the development regulations of the Community Commercial (CC) zoning district. The proposal is consistent with the land use designation and policies reflected for Commercial zoning of the Vail Ranch Specific Plan. 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 Commercial 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. Conditional Use Permit PA05-0319 (Code Section 17.04.010.E\ A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposal for a drive-through facility, is consistent with the land use designation and . policies reflected in the Vail Ranch Specific Plan, the land use standards in the General Plan and the City's Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the project site is a commercial use on commercially zoned land. The building is designed to enhance the surrounding area and therefore will not adversely affect the adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by Planning Commission or Council in order to integrate the use with other uses in the neighborhood; The conditional use is a request for four drive-through facilities on commercially zoned . land. The site is adequate in size and shape to accommodate the proposed drive- G:\Planning\2005\PA05-0254 Butterfield Station DP\Planning\draft Raso.doc 2 . . . through facilities without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; Staff has reviewed the proposed and feels it has been designed to minimize any adverse impacts, including health, safety and general welfare to the community. Section 3. Environmental Compliance. In accordance with the California" Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review. (CEQA Section 15162 subsequent EIR's and Negative Declarations). The project has been analyzed within the previously approved Mitigated Negative Declaration for PA03-0355. The proposed project has been conditioned to comply with the approved Mitigated Negative Declaration and the Mitigation Monitoring Program (attached). Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA05-0254 (Development Plan) to construct a commercial shopping center consisting of 73,306 square feet of building space and PA05-0319, (Conditional Use Permit) to allow a drive-through Automatic Teller Machine for a Wells Fargo Bank 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 14th day of December 2005. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] G:\Planning\2005\PA05-Q254 Butterfield Station DPlPlanningldraft Reso,doc 3 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 14th day of December, 2005, by the following vote: AYES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: NOES: ABSENT: ABSTAIN: Debbie Ubnoske, Secretary G:\Planning\2005\PA05-0254 Butterfield Station DP\Planning\draft Reso.doc 4 . . . . EXHIBIT A . DRAFT CONDITIONS OF APPROVAL . G:\Planning\2005\PA05-0254 Butterfield Station DPlPlanningldraft Reso.doc 5 .ii2;":~::''"~:~=~'~~~~i~:if~,':~::2::3_ii:':C';'"":]'~:;;;~iiE~:i:;i~tjii~'~~~0i:'1~i.t;:~-;~~':~:': I _'~i f,"d _______ ~._.__._. .. "t~j """;"""~~~~'iliiii~lfii~ . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA005-0254 and PA05-0319 Project Description: Planning Application No. PA05-0254 is a request for a Development Plan to construct a new commercial 73,306 square foot shopping center that includes five retail buildings and Planning Application No. PA05-0319 a Conditional Use Permit to a Development Plan for a drive-through Automatic Teller Machine for a Wells Fargo Bank located on Highway 79 South between Mahlon Vail and Butterfield Stage Road. Assessor's Parcel No. 952-200-002,011,012, and 013 MSHCP Category: RetaiVService D1F Category: RetaiVService TUMF Category: RetaiVService . Approval Date: December 14, 2005, Expiration Date: December 14, 2007 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 the Sixty Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Negative Declaration required under Public Resources Code Section 211 Da(a) and California Code of Regulations Section 15075. 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)]. . G:lPlanningI2005IPA05-0254 Buttertield Station DPIPlanninglDraft COA's.doc 1 . . . GENERAL REQUIREMENTS G:IPlanning\2005\PA05-D254 Butterfield Station DPIPlanninglDraft COA's,doc 2 . 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 th.e best interest of the City and its citizens in regards to such defense. . . 3. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 4. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 5. The Director of Planning may, upon an application being filed within thirty days prior to expiration, and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time. 6. Trash enclosures shall be provided to house all trash receptacles utilized on the site. 7. All downspouts shall be internalized. 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 matters 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 Roof Tile Stone Veneer Tilt-up Concrete Panel Color Concrete Shingles, color: New Cedar Durango Mountain Ledge Stone Freeze Paint a210 Whispering Birch, Freeze Paint 8215D Tattersall Brown, Freeze Paint 8735 Wild Country, G:IPlanning\2005IPA05-Q254 Butterfield Station DPIPlanninglDraft COA's.doc 3 Wood Rafter Tails Cement Siding Trim Olympic Solid Body Stain Russet Certainteed preprimed cedar lap siding painted with Freeze a214M Tobacco Road . 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. A separate building permit shall be required for all signage. 12. 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. 13. The applicant shall comply with the approved PA03-0335 Mitigation Monitoring Program attached. 14. 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. . Public Works Department 15. 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. 16. 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. 17. All grading plans hall 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. 1a. The project shall include construction-phase pollution. prevention controls and permanent post-construction water quality protection measures into the design of the project to prevent non-permitted runoff from discharging offsite or entering any storm drain system or receiving water. 19. A Water Quality Management Plan (WQMP) shall be submitted to the City. The WQMP will include site design BMPs (Best Management Practices), source controls, and treatment mechanisms. 20. The driveway on Highway 79 South is restricted to a right-inJright-out movement. . G:\Planning\2005\PA05-0254 Butterfield Station DP\Planning\Draft COA's.doc 4 . Fire Prevention 21. 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. 22. 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 4000 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 4850 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) 23. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. Fire hydrants, in a combination of on-site and off-site (6" x 4" x 2-21/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced no less than 4000 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) . 24. 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) 25. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications. 26. Access to sprinkler riser room must not be obstructed at anytime by adjacent vehicle traffic, or for any other reason. 27. Covered drive-thru teller machine area must be fire sprinklered. Community Services 28. The trash enclosure shall be large enough to hold two bins, one dedicated to recycling as well as one for oiher solid waste. 29. 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. 30. Any damage done during construction to the existing 8 foot wide trail shall be repaired to TCSD's standards. 31. The developer shall contact the Maintenance Superintendent for a pre-design meeting to obtain TCSD design specifications for the landscaped median on Butterfield Stage Road. . G:\Planningl2005\PA05-0254 Butlertield Station DP\planninglDraft COA's.doc 5 32. Construction of the future TCSD maintained landscaped median on Butterfield Stage Road shall commence pursuant to a pre-construction meeting with !he developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. . 33. The developer, the developer's successor or assignee, shall be responsible for the maintenance of the landscaped median until such time as those responsibilities are accepted by the TCSD or other responsible party. 34. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website at www.citvoftemecula.ora; under Chapter 5.08 of the municipal code. 35. All parkways, landscaping, fencing, trail, entry median and on site lighting shall be maintained by the property owner or maintenance association. Building and Safety Department 36. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 37. The City of T emecula 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. . 3a. 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. 39. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 40. Obtain all building plans and permit approvals prior to commencement of any construction work. 41. Show all building setbacks. 42. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. For developments with multiple buildings, each separate building shall be provided with a house meter. 43. Provide an approved automatic fire sprinkler system. 44. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) . G:\Planning\2005\PA05-0254 Butterfield Station DP\Planning\Draft COA's.doc 6 . . . 45. Provide disabled access from the public way to the main entrance of the building. 46. Provide van accessible parking located as close as possible to the main entry. 47. Show path of accessibility from parking to furthest point of improvement. 48. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 49. Sign age 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:\Planning\2005\PA05-0254 Butterfield Station DP\Planning\Drafl COA's.doc 7 . . . PRIOR TO ISSUANCE OF GRADING PERMITS G:\Planning\2005\PA05-0254 Butterfield Station OP\Planning\Draft COA's.doc 8 . Planning Department 50. 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. 51. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. 52. 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. 53. . 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 rea,sonably 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 archaeologicaVcultural 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 archaeologicaVcultural 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 54. 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. 55. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in confo'rmance with applicable City Standards and subject to approval by the Department of Public Works. 56. 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. 57. . 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. G:\Planning\2005\PA05-0254 Butterfield Station DPIPlanninglDraft COA's.doc 9 The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runo.ff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 59. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion & Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. 58. 60. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of _ construction activities. 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 62. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 61. 63. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 64. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 65. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan lee. \1 the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 66. 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\PA05-0254 Butterfield Station DP\Planning\Draft COA's.doc 10 . . . . . . PRIOR TO ISSUANCE OF BUILDING PERMIT G:\Planning\2005\PA05-0254 Butlertield Station DPIPlanninglDratl COA's.doc 11 . Planning Department 67. A comprehensive sign program application shall be filed with the Planning Department before the issuance of a sign permit. . 68. 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. 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. Total 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 growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. ' i. The landscape plan shall be amended with the following conditions: j. Landscaping shall be installed in the parkway along Buttterfield Stage Road as approved by the Director of Planning. 69. The site plan shall be modified providing additional landscape area to include trees, shrubs, vines and ground covers along the north and east sides of the Bank; the west side of the Retail Building: north side of Major 1: north side of the Shops Building: and the north and east sides of Major 2 as approved by the Director of Planning in order to provide landscaping in scale with the adjacent building masses. Large canopy trees shall be provided as approved to provide appropriate scale with the Major 1 and Major 2 building masses. 70. Plants in containers shall be provided as approved by the Director of Planning for areas adjacent to store fronts along walkways. 71. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. A 3' clear zone shall be provided around fire check detectors as required by the Fire Department. Utilities shall be grouped together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Planting beds shall be designed around utilities. All light poles shall be located on the landscape plans and shall not conflict with trees. . G:\Planning\2005\PA05-0254 Butterfield Station DP\Planning\Draft COA's.doc 12 72. A landscape maintenance program shall be submitted for approval with the landscape construction plans, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carryout the detailed program. 73. A minimum of one broad canopy type tree shall be provided per 4 parking spaces. The trees shall be in close proximity to the parking spaces they are to shade. Additional planting area shall be provided as required to allow for these trees. 74. Building plans shall indicate that all roof hatches shall be painted "International Orange". 75. 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 76. 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. Driveways shall conform to the applicable City of Temecula Standard No. 207A. Street lights shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 801, 802 and 803. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400,401 and 402. All street and driveway centerline intersections shall be at 90 degrees. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. b. c. d. e. f. 77. 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 Highway 79 South (Urban Arterial Highway Standards - 134' R1W) to include installation of sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). 78. 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. G:\Planning\2005\PA05-0254 Butterfield Station DP\Planning\Draft COA's.doc 13 . . . All access rights, easements for sidewalks for public uses shall be submitted and reviewed by the Director of the Department of Public Works and City Attorney and approved by City Council for dedication to the City where sidewalks meander through private property. 80. 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. . 79. 81 . A reciprocal ingress/egress easement shall be recorded between project site and Parcels 1 and 7 of Parcel Map No. 29864. 82. 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. 83. 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. Building and Safety Department At Plan Review Submittal 84. . 85. 86. 87. 88. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Appendix Chapter 12, Section 120aA, of the 2001 edition of the California Building Code. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work 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. Prior to Permit Issuance 89. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Prior to Beainnina Construction 90. A pre-construction meeting is required with the building inspector prior to the start of the building construction. . G:\Planning\2005\PA05-0254 Butteriield Station DP\Planning\Draft COA's.doc 14 Fire Prevention . 91. 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 ao,ooo Ibs. GVW. (CFC 8704.2 and 902.2.2.2) 92. 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) 93. 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) 94. Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Preventior.l Bureau. (CFC 902.2.1) 95. 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 a704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) . Community Services 96. Prior to building permit issuance the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 97. Prior to building permit issuance or the installation of the streetlights on Highway 79 South, whichever occurs first, the developer shall provide an approved Edison Street Light Plan, complete the TCSD application process and pay the advance energy fees in orderto include the street lights into the TCSD maintenance system. 98. Prior to issuance of building permits, landscape construction drawings for the landscaped median on Butterfield Stage Road shall be reviewed and approved by the Director of Community Services. 99. Prior to issuance of building permits, the developer shall post security and enter into an agreement to install the landscaped median. . G:\Planning\2005\PAOS-Q254 Butterfield Station DP\Planning\Draft COA's.doc 15 . . . PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:lPlanning\2005IPA05-o254 Butterfield Station DPlPlanninglDraft CONs.doc 16 . Planning Department 100. 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 by constructing a sloping tile covered mansard roof element or other screening if reviewed and approved by the Director of Planning. , 101. 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. 102. 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. . 103. 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 ao 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." 104. 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. 105. 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. 106. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department . 107. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. G:\Planning\2005\PA05-0254 Butterfield Station DP\Planning\Draft COA's.doc 17 108. As deemed necessary by the Department of Public Works, the Developer shall receive . written clearance from the following agencies: a. Rancho Califomia Water District b. Eastern Municipal Water District c. Department of Public Works 109. 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. 110. 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 Prevention 111. 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. (CFC 901.4.4) 112. 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) . 113. 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) 114. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be, installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) 115. 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. 116. Prior to the issuance of a Certificate of Occupancy, building final or occupancy, buildings housing high-piled combustible stock shall comply with the provisions of Uniform Fire Code Article 81 and all applicable National Fire Protection Association standards. The storage of high-piled combustible stock may require structural design considerations or modifications to the building. Fire protection and life safety features may include some or all of the following: 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. (CFC Article 81) . G:\Planning\2005\PA05-0254 Butterfield Station DP\Planning\Draft COA's.doc 18 . Special Conditions 117. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) . . Community Services 118. Prior to issuance of certificate of occupancy, the landscaped median on Butterfield Stage Road shall be completed, including the maintenance period and accepted by TCSD. G:\Planning\2005\PA05-0254 Butterfield Station DP\Planning\Draft COA's.doc 19 . . . OUTSIDE AGENCIES G:\Planning\2005\PAOS-G254 Butterfield Station OP\Planning\Draft COA's.doc 20 . . . 119. The applicant shall comply with the letter (attached) sent by the County of Riverside Department of Environmental Health dated September 28, 2005. 120. The applicant shall comply with the letter (attached) sent by Pechanga Cultural Resources dated September 8, 2005. 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:IPlanning\2005\PA05-0254 Butterfield Station DPIPlanninglDraft COA's.doc 21 ~~ o C:OUNTY OF RIVERSIDE . HO'IH SERVICES AGENCY 0 DEPARTMENT OF ENVIRONMENTAL HEALTH . September 28, 2005 City ofTemecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Veronica McCoy / Stp 3 () 2005 RE: Development Plan No. P A05-0254 --, .----:::::::::~-= ~-.-- ~-- . Dear Ms. McCoy: 1. Department of Environmental Health has reviewed the Development Plan to construct four retail buildings totaling 73,000 sq. ft. and has no objections. Although, the site plan indicates that water and sewer services are existing we have no recent information in regards water and sewer availability. 2. PRIOR TO TIlE ISSUANCE OF BUILDING PERMITS TIlE FOLLOWING SHOULD BE REQUIRED: a) "Will-serve" letters from the appropriate water and sewering districts. b) If there are to be any food establishments, (including vending machines), three complete sets of plans for each food establishment will be submitted including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the . California Uniform Retail Food Facilities Law 2. For specific reference, contact Food Facility Plan Examiners at (909) 600-6330. c) If there are to be any hazardous materials, a clearance letter from the Department of Environmental Health Hazardous Materials Management Branch (955-5055) will be required indicating that the project has been cleared for: . Underground storage tanks, Ordinance # 617.4. . Hazardous Waste Generator Services, Ordinance # 615.3. . Hazardous Waste Disclosure (in accordance with Ordinance # 651.2). . Waste reduction management. Sincerely, ~~~mg (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for fmal Department of Environmental Health clearance. Doug Thompson, Hazardous Materials ' ental Health Specialist . cc: local Enforcement Agency. P.o. Box: 1280, Riverside, CA 92502-1280 . (909) 955-8982 . FAX (909) 781-9653 . 4080 Lemon Street, 9th Roor, Riverside, CA 92501 land Use and Water Enoineerino . roo Box 1206. Riverside_ CA 92502-1206 . 19091 9SS-R9RO . FAX 1909\ 955-8903 . 4080 Lemon Street. 2nd Floor. Riverside. CA 92501 Chairperson: Germaine Are'nas PECHANGA CULTURAL RESOURCES Temecu/a Band of Luisefio Mission Indians Vice Chairperson: Mary Bear Magee Post Office. Box 2183 . Temecula, CA 92593 Telephone (951) 308-9295. Fax (951) 506-9491 Committee Members: RaymoD.d Basquez, Sr. Evie Gerber Darlene Miranda Bridgett BarceUo Maxwell Director. Gary DuBois September 8, 2005 Coordinator: . Paul Macarro Veronica McCoy City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Cultural Analyst: Stephanie Gordin SEP 1 2 2005 I j' Monitor Supervisor: Aurelia Manuffo Re: Comments on P A05-0254, Butterfield Station Dear Ms. McCoy, . This comment letter is submitted by the Pechanga Band of Luiseiio Indians (hereinafter, "Pechanga Tribe"), a federally recognized Indian tribe and sovereign govemment. The Pechanga Tribe is formally requesting, pursuant to Public Resources Code ~21092.2, to be notified and involved in the entire CEQA environmental review process for the duration of the above referenced project (the "Project"). We submit the following comments on the above listed document for the Project. Additional comments may be submitted directly by Pechanga or through their attorneys. We request that all such comments be part of the official record for the approval of this Project. We also request that the City of Temecula provide us with copies of all archeological studies,. reports, site records, proposed testing plans, and proposed mitigation measures, and conditions as soon as they become available, for our comment. ' THE LEAD AGENCY MUST INCLUDE AND CONSULT WITH THE TRIBE IN ITS REVIEW PROCESS . Sacred Is The Duty Trnsted Unto Our Care And With Honor We Rise To The Need , ' Pechanga cornment letter to ine City of Temecula Planning Departmimt RE: Butterfield Station, P A05-0254 Page 2 It has been the intent of the Federal Governmentl and the State ofCalifornia2 that fudian tribes be consulted with regard to issues which impact cultural and spiritual resources, as well as other governmental concerns. The responsibility to consult with fudian tribes stems from the unique government-to-government relationship between the United States and fudian tribes. This arises when tribal interests are affected by the actions of governmental agencies and departments such as approval of Specific Plans and EIRs. fu this case, it is undisputed that the project lies within the Luiseiio tribe's traditional territory. Therefore, in order to comply with CEQA and other applicable Federal and California law, it is imperative that the Lead Agency and the Project applicant consult with the Tribe in order to guarantee an adequate basis of knowledge for an appropriate evaluation of the project effects, as well as generating adequate mitigation measures. PROJECT IMPACTS TO CULTURAL RESOURCES The Pechanga Tribe is not opposed to this development project. The Pechanga Tribe's primary concerns stem from the project's likely impacts on Native American cultural resources. The Pechanga Tribe is concerned about both the protection of unique and irreplaceable cultural resources, such as Luiseiio village sites and archaeological items which would be displaced by ground-disturbrng work on the project, and on the proper and lawful treatment of cultural items, Native American human remains and sacred items likely to be discovered in the course of the work. The Tribe would also like to point out that a preferred method of treatment for archeological sites according to the CEQA is avoidance (California Public Resources Code ~21083.1), and that this is in agreement with the Tribe's practices and policies concerning cultural resources. The Pechanga Tribe asserts that the Project area is part of the Pechanga Tribe's aboriginal territory, as evidenced by the existence ofLuiseiio place names, rock art pictographs, petroglyphs and extensive artifactrecords found in the vicinity of the Project. This project is located directly adjacent to the Temecula Creek. This waterway was and continues to be an important cultural resource to the Pechanga people. Not only the waterway itself, but because numerous sites are located along and adjacent to this waterway. Temecula Creek is a very well known and documented habitation area for the Luiseiio/ Pechanga people, as evidenced in numerous archeological studies, and through Luiseiio oral tradition. The entire corridor of Highway 79, with the width of that corridor extending from the Temecula Creek to Pauba Road to the north is a traditional travel and trade route for the Luiseiio people, as well as containing pennanent habitation routes along the length of it. This route stretched from the Pacific Ocean at current day Camp Pendleton inland to the San Jacinto Mountain base and beyond. "fu addition to the habitation areas along this corridor, there are many burial and ceremonial areas along the route. fu fact, the fuitial Study done for the Butterfield Ranch Shopping Center indicated that I See Executive Memorandum of April 29, 1994 on Government-to-Government Relations with Native American Tnbal Governments and Executive Order of November 6, 2000 on Consultation and Coordination with Indian Tribal Governments. 2 See California Public Resource Code ~5097.9 et seq. Pechanga Cultural Resources. Temecu/a Band of Luiseno Mission Indians Post Office Box 2183. Ternecula. CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need . . . . . Pechanga comment letter to Llle City of Temecula Planning Department RE: Butterfield Station, PA05-0254 Page 3 Elderberry is present on the property. This is a well known indicator of culturally sensitive areas, including burial areas. Given all the information, there is a very strong likelihood of locating sub-surface resources during ground disturbing activities. The Pechanga Tribe's knowledge ofthe continuous occupation of the Luisefio people in this geographical area for thousands of years, through their stories and songs, are cultural evidence that subsurface sites may exist in this Project area. Therefore, the Pechanga Tribe requests that in the case of discovery of new or additional sites or resources, that the Lead Agency re-evaluate the Project impacts to cultural resources and adopt appropriate mitigation measures to address such. The Pechanga Tribe intends to assert its legal rights with respect to additional finds of significant sites or cultural resources which are of sacred and ceremonial significance to the Pechanga Tribe. Given that Luiseno cultural resources will likely be affected by the Project, the Pechanga Tribe must be allowed to be involved and participate with the Lead Agency and the Project Applicant in developing all monitoring and,rnitigation plans for the duration of the Project. Further, given the potential for archaeological resources within the Project area, it is the position of the Pechanga Tribe that Pechanga tribal monitors should be required to be present during all ground-disturbing activities conducted in connection with the project, including any archeological testing performed. It is further the position of the Pechanga Tribe that an Agreement regarding appropriate treatment of cultural resources be drafted and entered into. Further, the Pechanga Tribe believes that ifhwnan remains are discovered, State law would apply and the mitigation measures for the permit must account for this. According to the California Public Resources Code, 95097.98, if Native American hwnan remains are discovered, the Native American Heritage commission must name a "most likely descendant," who shall be consulted as to the appropriate disposition of the remains. Given the Project's location in Pechanga territory, the Pechanga Tribe intends to assert its right pursuant to California law with regard to any remains or items discovered in the course of this project. And, accordingly, the Pechanga Tribe further requests that the Lead Agency work with the Tribe to draft an agreement which would address any inadvertent discoveries of cultural resources, including hwnan remains. Also, SUlYeys and grading may reveal significant archaeological resources and sites which may be eligible for inclusion in the historic site register, and may contain hwnan remains or sacred items.' Therefore, we request that the Lead Agency commit to evaluating Project environmental impacts to any cultural sites that are discovered during archeological testing and grading, and to adopt appropriate mitigation for such sites, in consultation with the Pechanga Tribe. REQUESTED MITIGATION The Tribe requests that appropriate assessment of the archeological and cultural resources on the Project property be evaluated to determine significant and appropriate treatment by a ' Pechanga Cultural Resources. Temecula Band of Luiseiio Mission Indians Post Office Box 2183. Ternecula. CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need Pechanga comment letter td me City of Temecula Planning Department RE: Butterfield Station, PA05-0254 Page 4 qualified archeologist in conjunction with the Pechanga Tribe. Any such testing should involve . the Tribe, and all tests to determine impacts should be completed prior to Project approval. For the reasons above, the Pechanga Tribe requests the following mitigation measures be adopted at the present time. Upon completion of a thorough archeological assessment additional mitigation measures may be necessary. I. Prior to the issuance of grading permits, the Project ApplicantlDeveloper is required to enter into a Pre-Excavation Agreement with the Pechanga Band of Luiseiio Indians. This Agreement will address the treatment and disposition of cultural resources and human remains that may be uncovered during construction as well as provisions for tribal monitors. 2. Tribal monitors from the Pechanga Band ofLuiseiio Indians shall be allowed to monitor all grading, excavation and ground-breaking activities within native soils in the Tribe's aboriginal territory, including further surveys, to be compensated by the Project ApplicantlDeveloper. The Pechanga Tribal monitors will have the authority to temporarily stop and redirect grading activities to evaluate the significance of any archaeological resources discovered on the property, in conjunction with the archeologist and the Lead Agency. 4. The landowner agrees to relinquish ownership of all cultural resources, including all Luiseiio sacred items, burial goods and all archeological artifacts that are found on the Project area to the Pechanga Band of Luiseiio Indians for proper treatment and disposition. 5. All sacred sites within the Project area are to be avoided and preserved. . The Pechanga Tribe looks forward to working together with Veronica McCoy, the City of Temecula and other interested agencies in protecting the invaluable Luiseiio cultural resources found in the Project area. If you have any questions, please do not hesitate to contact me at (951) 308-9295 or Laura Miranda at (951) 676-2768, Ex!. 2137: Thank you for the opportunity to submit these comments. Sincerely, L C? ~~A Stephanie Gordin Cultural Analyst Pechanga Cultural Resources. Temecula Band of Luisefio Mission Indians Post Office Box 2183. Temecula. CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need . ATTACHMENT NO.4 . INITIAL STUDY AND MITIGATION MONITORING PROGRAM . ,'.,--..,.:) i.'.J G:\Planning\2005\PAOS.0254 Butterfield Station DP\Planning'STAFFREPORT.doc .-A-,:Sl 10 . . .._ .__.~;::=;:l ., ;; ~i~'-~:c.;,,:~::;,~::,:,~';:~;,;t~tI2~~7;_"';~~~;';'Qi~~~~~S~"~";"-'~~J:3~~l:.:St~~~iri;~11~~;~~~i~~~~!i5:*~.~tlil:~f-~-,3~' .~: l 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 re uired Environmental Checklist PA03-0335, Tentative Parcel Ma No. 31454. City of T emecula P.O. Box 9033, Temecula, CA 92589-9033 Stuart Fisk, Assistant Planner (909) 694-6400 The project is located between Highway 79 South and Wolf Store Road, approximately 900 feet west of Butterfield Stage Road, (APN # 960-030-008 & 960-030-009 . Joe Reyes Trans Pacific Consultants 24731 Enterprise Circle West Temecula, CA 92590 Hi hwa rTourist Commercial HTC SP-10 Vail Ranch S ecific Plan #223 - Commercial Area "B" A Tentative Parcel Map to subdivide a 7.57 acre parcel into six (6) commercial lots with lot sizes ran in from 0.75 acres to 1.86 acres. The project is located within the Vail Ranch Specific Plan. A shopping center/grocery store is located along the eastern boundary of the project site and a business park is located along the western boundary of the site. Wolf Store Road and a flood channel (designated Open Space) separate the project site from existing residential development located to the south. Vacant land located north of the project site is designated for residential development by the Paloma Del Sol S ecific Plan. None. R:IP M\2003\03-0355 TPM 203-02 MDC Vailllnitial Study.doc 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. Aesthetics A riculture Resources Air Quali Biolo ical Resources X Cultural Resources X Geolo and Soils Hazards and Hazardous Materials H drolo and Water Quali Land Use and Plannin Mineral Resources Noise Po ulation and Housin Public Services Recreation Trans ortationfTraffic Utilities and Service S stems Mandato Findin s of Si nificance None Determination (To be completed by the lead agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be re ared. I find that although the proposed project could have a significant effect on the environment, there will no X be a significant effect in this case because revisions in the project have been made by or agreed to by the ro'ect ro onent. A MITIGATED NEGATIVE DECLARATION will be re ared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is re uired. I find that the proposed project MAY have a "potentially significant impacf' or "potentially 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 re uired, but it must anal e 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. Signature Date Stuart Fisk Printed name Assistant Planner Title . R:\P M\2003\03-0355 TPM 203-02 MDC VaiMnfiial Study.doc 2 a. b. c. d. AESTHETICS. Would the project: 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 uali 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? x x x x Comments: 1.a. 1.b. ~. 1.d. . The proposed Tentative Parcel Map will subdivide 7.57 acres of undeveloped land located south of Highway 79 South and west of Butterfield Stage Road. No scenic vistas will be affected by the subdivision of this property or by the future development of commercial buildings based on the surrounding land uses, which are consistent with this project. Therefore, no impacts are anticipated as a result of this project. No major tree resources, rock outcroppings or historic buildings exist on the site. The project site is not located on a scenic highway, but will be required to meet the City of Temecula's General Plan and the Development Code standards. Therefore, no impacts are anticipated as a result of this project. The project site and the surrounding topography is relatively flat. The property to the east of the project site has been developed with a shopping center/grocery store, the property to the west has been developed with a small business park, and the area to the south has been developed with a flood control channel and single family homes. The property located north of the project site is currently vacant, but has been mass graded and is designated for residential development by the Paloma Del Sol Specific Plan. The proposed commercial lots are compatible with the surrounding development. Therefore, no impacts are anticipated as a result of this project. The proposed project will not create a new source of substantial light or glare to adversely affect the day or nighttime views within the project area. The project does not propose development of the site at this time and is not anticipated to adversely effect the day or nighttime views or create substantial light or glare when the property is developed because future development will be conditioned to comply with Ordinance No. 655 for the regulation of light pollution. Therefore, no impacts are anticipated as a result of this project. R:\P M\2003\03-o355 TPM 203-02 MDC Vai~ln"ial 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. b. c. 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? x x x Comments: 2.a, c. The project site is not currently in agricultural production. Although the City of Temecula General Plan designates the project site as "Farmland of Local Importance", this property is not considered prime or unique Farmland of statewide importance pursuant the Farmland Mapping and Monitoring Program of the California Resources Agency or the City of Temecula General Plan. The project site has been graded as part of the mass grading for the Vail Ranch Specific Plan, is surrounded by urba. development, and is designated by the General Plan for commercial development. Therefore, there ar no impacts related to this issue. 2.b. The project site does not have an agricultural zoning designation by the City of Temecula, and the site is not regulated by a Williamson Act contract. As a consequence, there are no impacts related to this issue. 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 rtinlnformationSources Conflict with or obstruct implementation of the applicable air uali Ian? Violate any air quality standard or contribute substantially to an existin or ro'ected air uali violation? Result in a cumulatively considerable 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? P~entiaJly', Significant Jmaet ~~hf@1Y ;:$iQniffc~l)t't1n1ess Mitigation InCO orated No ,1m act LessThah $iQnificant Un act x x x x x RIP M\2003\03-0355 TPM 203-02 MDC Vai~ln~ial Sludy,doc 4 Comments: Aa.-c. The project will not conflict with applicable air quality plans nor violate air quality or pollution standards. ,., The project proposes to subdivide a 7.57-acre vacant site for commercial lots in conformance with the Vail Ranch Specific Plan and the City of Temecula General Plan. The proposed Tentative Parcel Map is anticipated to be within the threshold for potentially significant air quality impact established by the South Coast Air Quality Management District as depicted in SCAQMD's CEQA Air Quality Handbook (Source 3) page 6-10, Table 6-2. No significant impacts are anticipated as a result of this project. 3.d. There are no known sensitive receptors to pollutant concentrations in the immediate vicinity. Therefore, no impacts to sensitive receptors are anticipated to occur as a result of this project. 3.e. The proposed tentative map will not create any significantly objectionable odors and will not create an impact to the surrounding community. No significant impacts are anticipated as a result of this project. 4. BIOLOGICAL RESOURCES. Would the project: a. norma: 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, 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? x x c. x d. x e. x f. x Comments: .-i.a,e-f. ' . The project site is located within the Stephen's Kangaroo Rat Habitat Fee Area. The project will be conditioned to comply with provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat R:\P M\2003\03-0355 TPM 203-02 MDC Vai~lnitial Study.doc 5 Conservation), which requires payment of the Stephens Kangaroo Rat fee prior to the issuance of a grading permit. No significant impacts are anticipated as a result of this project. 4.b, c. The project does not contain any waters of the United States, riparian or wetland resources. Therefore,. development of the proposed project cannot adversely impact such resources. 4.d. The project site is surrounded by urban/suburban development and as an infill parcel. Therefore, its development has no potential to adversely impact wildlife movement and no impacts are anticipated as a result of this project. 5. CULTURAL RESOURCES. Would the project: a. ^lSsues~ana:sll 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? x b. x c. x d. x Comments: 5.a, b, d. . The site is designated as a sensitive archaeological area by the City of Temecula General Plan. The site has already been rough graded. However, a mitigation measure has been added to mitigate the impact to insignificant levels. The mitigation measure states that if at any time during excavation/construction of the site, archaeologicaVcultural 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 archaeologicaVcultural 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. In addition, the applicant shall contact the Pechanga Sand of Luiseno Indians to afford the Band an opportunity to monitor ground-disturbing activities and participate in the decisions regarding collection and curation of any such resources. The project has been conditioned to enter into a pre-construction agreement/treatment plan with the Pechanga Band of Luiseno Indians prior to the issuance of grading permits. These mitigation measures will be adopted as part of the Mitigated Negative Declaration for the project. With appropriate mitigation measures placed on the project, no significant impacts are anticipated as a result of this project. 5.c. The General Plan does not designate the site as an area of palentological sensitivity. However, should any palentological resources be encountered during project development, a qualified paleontologist will be retained to investigate and consult with the developer regarding appropriate treatment of any SUCh. resources found. Although the site has been previously graded, the project has been conditioned for all grading activity and any substantial subsurface excavation, such as building footing and trenching for utilities, to be closely monitored. Mitigation measures will require continuous on site monitoring during R:\P M\2003\03-0355 TPM 203.02 MDC Vail\lnitial Study.doc 6 . any activities that would bring about substantial subsurface excavation. This mitigation measures will be adopted as part of the Mitigated Negative Declaration for the project. With this mitigation measure in place any potential impacts will be reduced to a less than significant level of impact. 6. GEOLOGY AND SOILS. Would the project: ::Rot~'cttia,ilY .; Sighiijcaiit.; IthaCt'--. 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, Ii uefaction or colla se? 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 e ? 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? x x x x X X X X Comments: 6.a.i, ii. The project site is not located within an area designated as an Alquist-Priolo Earthquake Fault Zone. The possibility of damage due to ground rupture is considered low since active faults are not know to cross the site and lurching due to ground shaking from distant seismic events is not considered a significant hazard. Therefore, no significant impacts are anticipated as a result of this project. 6.a.iii., c. The project site, which has been previously graded, is located within an area delineated as a liquefaction hazard. Per Section 5.3 of the Geotechnical Investigation, Lots 47 & 48 - Tract 23172 Highway 79 South, Temecula, California by GEOCON dated June 9, 2003, materials on site could liquefy if the site is subjected to intense levels of ground shaking. Therefore, the project will be conditioned to submit a soil report which will be reviewed as part of the precise grading plan submittal 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 conclusions and recommendations contained in this report will be utilized in the development of this site, which will serve to mitigate any . potentially significant impacts from liquefaction. Mitigation measures will be adopted as part of the Mitigated Negative Declaration for the project. After mitigation measures are implemented, the potentially significant impacts will be reduced to a less than significant level of impact. R:IP M\2003103-0355 TPM 203-02 MOC Vai~lnitial Study.doc 7 6.a.iv. 6.b. 6.d. 6.e. Based on the relatively flat topographic conditions at the site, the potential for hazards associated with on- or off-site landslides is considered low. Therefore, no impacts are anticipated as a result of this project. .. Based on the relatively flat topographic conditions at the site, the potential for substantial soil erosion or loss of topsoil is considered low. During grading the project will be required to comply with National Pollutant Discharge Elimination System (NPDES) requirements which will mitigate any potential erosion during grading, and once development of the site is completed the site will be fully developed with buildings, pavement and landscaping, thereby making erosion and loss of topsoil unlikely. No impacts are anticipated as a result of this proje,ct. Per Section 3 of the Geotechnical Investigation, Lots 47 & 48 - Tract 23172 Highway 79 South, Temecula, California by GEOCON dated June 9, ~003, the project site, which has been previously graded, contains undocumented fill soils that blanket the majority of the site in depths ranging from approximately 1 to 2 feet. In general, the fill soils consist of slightly silty to silty, fine to medium grained sand with some chunks of concrete and asphalt, as well as some organically rich piles. Previously placed fill exists at depths ranging from 5 to 7 feet below existing grade consist of dense, slightly silty and silty fine- to course-grained sand. Alluvial soils composed of silty sand to sandy silt underlie the fill soils. Such soils are not anticipated to create substantial risks to life or property due to expansive soil, however, the project will be conditioned for submittal of a soil report which will be reviewed as part of the precise grading plan submittal and recommendations contained in this report will be used to determine appropriate conditions of approval prior to the issuance of grading and building permits as discussed in 6.a.iii, c. above. No impacts are anticipated as a result of this project. Septic sewage disposal systems are not proposed for this project. The project will be required to connect to the existing public sewer system. Therefore, no impacts are anticipated as a result of this project. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: . a. b. c. d. e. f. lSsuesanilSu Create a significant hazard to the public or the environment through the routine transportation, use, or dis osal of hazardous materials? Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one- uarter mile of an existin or ro osed school? Be located on a site which is included on a list of 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? For a project located within an airport land use plan or, 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 workin in the ro'ect area? For a ro'ect within the vicini of a rivate airstri ,would "c-:Less:Than, ""Slgijifl~nt No '<':,~::Iffi'act: ;:Itn' act x x x x x . x R:\P M\2003\03-0355 TPM 203-02 MDC Vai~lnnial Study.doc 8 h. the project result in a safety hazard for people residing or workin in the ro'ect area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation Ian? Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? x x Comments: 7a. 7.b. 7.c. .. 7.e, f. 7.g. 7.h. Because the property and the surrounding area are and will be used for commercial buildings, future 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. The project proposes to create a 6 lot commercial subdivision. Activities of future tenants will be addressed during tenant improvements as noted in 7.a. above. It is not anticipated that the project would create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Therefore, no impacts are anticipated as a result of this project. This site is not within one-quarter mile of an existing or proposed school. Therefore, no impacts are anticipated as a result of this project. This project site is not located near a site included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and would not create a significant hazard to the public or the environment. Therefore, no impacts are anticipated as a result of this project. The project site is not located within an airport land use plan or within two miles of a public or private airstrip. No impact upon airport uses will result from this proposal. The project will take access from maintained public streets and therefore will not impede emergency response or evacuation plans. No impacts are anticipated as a result of this project. This project site is not adjacent to wildlands and is not susceptible to wildland fire danger. Therefore, no impacts are anticipated as a result of this project. 8. HYDROLOGY AND WATER QUALITY. Would the project: a. b. Violate any water quality standards or waste discharge re uirements? Substantially deplete groundwater supplies or interfere 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 would not support existing land uses or planned uses for which ermits have been ranted? Substantiall alter the existin draina e attern of the site x x x R:\P M\2003\03-0355 TPM 203-02 MDC Vail\lnitial Study.doc 9 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 or area, including through the alteration of the course of a stream or river, or substantially increase the rate or X amount of surface runoff in a manner which would result in floodina on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage X systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially dearade water aualitv? X g. Place housing within a 1 OO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood X Insurance Rate Map or other flood hazard delineation map? h. Place within a 1 OO-year flood hazard area structures X which would imoede or redirect flood flows? i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a X result of the failure of a levee or dam? j. Inundation bv seiche, tsunami, or mudflow? X Comments: 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. The project will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The project will not have an affect on the quantity and quality of ground waters, either through direct additions or withdrawals or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability. Furthermore, construction on the site will not be at depths sufficient to have a significant impact on ground waters or aquifer volume. No impacts are anticipated as a result of this project. The proposed project will not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation and/or flooding on-site or off-site. Some changes to absorption rates, drainage patterns and the rate and amount of surface runoff is expected whenever development occurs on previously permeable ground. Previously permeable ground will be rendered impervious by construction of buildings, accompanying hardscape and driveways. While absorption rates and surface runoff will change, potential impacts shall be mitigated through site design. Drainage conveyances will be required for the project to safely and adequately handle runoff that is created. No significant impacts are anticipated as a result of this project. The project will not create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. The. project will be conditioned and designed to accommodate the drainage created as a result of the 8,a. 8.b, f. 8.c,d. 8.e. . R:\P M\2003\03-o355 TPM 203-02 MOC Vai~lnttial Study.doc 10 .. 8.h. 81 8.j. subject site. In addition, the project will be conditioned and designed so that the drainage will not impact surrounding properties. No impacts are anticipated as a result of this project. The project proposes a 6-lot commercial subdivision and will not place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation 'map. Furthermore, the project site is not located within a100-year flood hazard area. Therefore, no impacts are anticipated as a result of this project. The project is not located within a 100-year flood hazard area. Therefore, no impacts are anticipated as a result of this project. The project is located within the dam inundation area identified in the City of Temecula General Plan Final Environmental Impact Report. However, impacts can be mitigated by utilizing existing emergency response systems. Less than significant impact is anticipated as a result of this project because mitigation measures are in place for the site and general area of the site. The project site will not be subject to inundation by sieche, tsunami, or mudflow as these events are not known to occur in this region. No impacts are anticipated as a result of this project. 9. LAND USE AND PLANNING. Would the project: a. b. c. >,<JR<?(i;jptiall(,,':': 1{~j~nificanJ__LJ(!I_~~~; t--~y,-~_fiJg~ti~h,;< '.t- < ~; ,- <lne<) 'orated x Ph sicall divide an established communi ? 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 ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? ' Conflict with any applicable habitat conservation plan or natural community conservation plan? x x Comments: 9.a. 9.b. .c. , The project is a 6-lot commercial subdivision in an area of the Vail Ranch Specific Plan that is currently vacant but that is designated for commercial development. No impacts are anticipated as a result of this project. The project will not conflict with the applicable General Plan designation, environmental plans or policies adopted by agencies with jurisdiction over the project. The project is consistent with the City's General Plan land use designation of Highwayrrourist Commercial (HTC) as well as the zoning of SP- 10 (SP-10). Impacts from all General Plan land use designations were analyzed in the Environmental Impact Report (EIR) for the General Plan. Agencies with jurisdiction within the City commented on the scope of the analysis contained in the EIR and how the land uses would impact their particular agency. Mitigation measures approved with the EIR have been applied to this project where necessary. Furthermore, all agencies with jurisdiction over the project are being given the opportunity to comment on the project, and it is anticipated that they will make the appropriate comments as to how the project relates to their specific environmental plans or policies. The project site has been previously graded and services are available into the area. There will be no impacts on adopted environmental plans or policies. The proposed project will not conflict with any currently applicable habitat conservation plan or natural community conservation plan. The site has been graded and is not within any currently applicable habitat conservation plan or natural community conservation plan. Although the project site is a part of R:\P M\2003\03-o355 TPM 203-02 MDC Vai~lnitial Study.doc 11 the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), the MSHCP has not yet been adopted by City Council. Furthermore, the project is consistent with the MSHCP as approved by the County of Riverside Board of Supervisors on June 17,2003. Therefore, no impact. are anticipated as a result of this project. 10. MINERAL RESOURCES. Would the project: a. 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? x b. Comments: 10.a, b. The project will not result in the loss of availability of a known mineral resource nor in the loss of an available, locally important minerill resource recovery site. The State Geologist has classified the City of Temecula a classification of MRZ-3a, containing areas of sedimentary deposits, which have the potential for supplying sand and gravel for concrete and crushed stone for aggregate. However, these areas are determined as not containing deposits of significant economic value based upon available data in reports prepared in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975. Therefore, no impacts are anticipated as a result of this project. 11. NOISE. Would the project result in: IssuescarldSl.l rtin'loformationSouroos a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other a encies? b. Exposure of persons to or generation of excessive round borne vibration or roundborne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the ro'ect? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the ro'ect? e. For a project located within an airport land use plan or, 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 the project expose people residing or working in the ro'ect area to excessive noise levels? R:\P M\2003\03-0355 TPM 203-02 MDC Vai~lnttial Study.doc j;':r:<:"p;oJe~lj,aflY:>>;Z: ,ri,\:,,: .'~':: ~.:'Sij;Jnlff9:~r:'t^Unless;;. ,:':Le~T~~n '~.::Mj~ga.tion' Sig~ili~l)t' No ~..Jnco rated 1m act 1m act x x x x x x 12 Comments: The site is currently vacant and development of the land logically will result in increases to noise levels during construction phases as well as increases to noise in the area over the long run. However, noise levels will be required to be within established noise level standards. Therefore, no significant impacts are anticipated as a result of this project. 11.b. No activities are anticipated within the proposed project would result in exposure of persons to or generation of excessive ground borne vibration or groundborne noise levels. No impacts are anticipated as a result of this project. 11.c. The project will create some noise levels over that Gurrently 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. Therefore, no significant impacts are anticipated as a result of this project. 11.d. 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 very annoying. However, noise from construction of the project will be of short duration and therefore would not be considered significant. Furthermore, construction activity 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. This project is not within two miles of a public airport or public or private use airport. Therefore, people working in the project area will not be exposed to excessive noise levels generated by an airport and no impacts will result from this project. ..a a. b. c. . POPULATION AND HOUSING. Would the project: Induce substantial population growtt\ 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 re lacement housin elsewhere? x x x Comments: 12.a. The project will not induce substantial growth in the area either directly or indirectly. The project is consistent with the General Plan Land Use designation of HighwayfTourist Commercial (HTC) and zoning designation of Specific Plan 10 (SP-10; Vail Ranch Specific Plan). The proposed project may cause some people to relocate to (or near) Temecula to be closer to their place of employment. However, the project will not induce substantial growth beyond what is projected in the City's General Plan. No impacts are anticipated as a result of this project. 12.b, c. . The project will not displace substantial numbers of people or existing housing, as the site is vacant property zoned for commercial development. Therefore, the project will not necessitate the construction of replacement housing due to displacement of housing or people. No impacts are anticipated as a result of this project. R:\P M\2003\03-0355 TPM 203-02 MDC Vai~lnnial Study.doc 13 13. PUBLIC SERVICES: Would the project result in substantial adverse physical impacts associated with 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: G::~~~~'~~&~S~' >:J~~~;-ihan"': , -, ~Itig.llon - S;gnifical1l- i'~~i,~":>:~~~a;jF: >::lm~'''1ct;ec$ X X X X X Comments: 13.a, b, d, e. 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 development of the site will incrementally increase the need for these services. However, the project will contribute its fair share through the City's Development Impact Fees to the maintenance or provision of services from these entities. No significant impacts are anticipated. 13.c. The project itself is not creating residential use and therefore will have no impact upon, or result in a need for new or altered school facilities. Development of the parcels within the project will not cause significant numbers of people to relocate within or to the City. The cumulative effect from the project willA be mitigated through the payment of applicable School Fees at the time the parcels are developed. No. impacts are anticipated as a result of this project. 14. RECREATION. . ,,'" . PCl~~ntiaJW _'.F@~iltl.ally. slgfll~(j!!n_t;Uiifess; . Less Than Issues:arid SUDOOrtinnlnformationSourCes .,'. '. . . Siglll(l6aof Mitigation Sig~ifjcaflt I: NQ _",lmD'''' " IncOrPorated' _ ImD'''' >'JtnDact a. Would the project increase the use of existing neighborhood and regional parks or other recreational X facilities such that substantial physical deterioration of the facilitv would occur or be accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities X which might have an adverse physical effect on the environment? Comments: 14.a, b. The project will have no impact on the demand for neighborhood or regional parks or other recreational facilities, or affect existing recreational opportunities. No impacts are anticipated as a result of this project. . R:\P M\2003\03-0355 TPM 203-02 MDC VaiNnitlal Sludy,doc 14 15. TRANSPORTATlONlTRAFFIC. Would the project: a. b. c. d. e. f. g. 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 safe 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? x x x x X X ttomments: 15.a, b. There will be an increase in vehicle trips on adjacent streets once the proposed project is developed. However, 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 commercial development. Due to the project's consistency with the General Plan, no further traffic studies were required for this project. The project will be required to contribute to the Traffic Signal and Street Improvement components of the Development Impact Fees prior to the issuance of any building permits. No significant impacts are anticipated. 15.c. Development of this property will not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. This site is not within the French Valley Airport influence area. Therefore, no impacts are anticipated as a result of the project. 15.d. The 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. No impacts are anticipated as a result of this project. 15.e. The project will not result in inadequate emergency access or inadequate access to nearby uses. The project is designed to current City standards and has adequate emergency access and will not interfere with access to nearby uses. No impacts are anticipated as a result of this project. No parking is proposed with the project as the application is for a 6-lot subdivision of the property only. When a Development Plan is submitted for the site it will be reviewed by the Planning Department and will be required to meet commercial use parking requirements per Chapter 17.24 of the City of Temecula Development Code. No impacts are anticipated as a result of this project. 15.f. . R:\P M\2003\03-0355 TPM 203-02 MDC VaiNn~ial Study.doc 15 15.g. The project will be required to be designed consistent with adopted policies, plans, or programs supporting alternative transportation. Therefore, no impacts will result from this project. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a. b. c. d. e. f. g. "''0'''' ;"Less:Than,c ,$igniff~Wf' ,"No: fC;<'acl:< ;"JrJl"'att- Exceed wastewater treatment requirements of the a licable Re ional Water Quali 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 ro'ect's solid waste dis osal needs? Comply with federal, state, and local statutes and re ulations related to solid waste? x x x x x x . x Comments: 16.a, b, e. 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. However, the Final Environmental Impact Report (FEIR) for the City's General Plan states: "implementation of the proposed General Plan would not significantly impact wastewater services." Since the project is consistent with the City's General Plan, no significant impacts are anticipated as a result of this project. Moreover, the project will be conditioned to comply with the Regional Water Quality Control Board standards that will be monitored by the Department of Public Works. No significant impacts are anticipated. 16.c. The project will not result in the need for new storm water drainage facilities. 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 Highway 79 South and Wolf Store Road. 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. Drainage fees are required by the Riverside County Flood Control and Water Conservation District to reimburse the county for the Murrieta CreekfTemecula Valley Area Drainage Plan. No significant impacts are anticipated. 16.d. 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: "both EMWD and RCWD have indicated an R:\P M\2003\03-0355 TPM 203-02 MDC Vai~ln~ial Study.doc 16 ability to supply as much water as is required in their services areas (p. 39)." The FEIR further states: "implementation of the proposed General Plan would not significantly impact wastewater services (p. .' 40)." Since the project is consistent with the City's General Plan, no significant impacts are anticipated as a result of this project. 16.f,g. The project will not result in a need for new landfill capacity. Any potential impacts from solid waste created by future development can be mitigated through participation in Source Reduction and Recycling Programs, which are implemented by the City. No significant impacts are anticipated as a result of this project. 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: a. b. c. 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 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 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 ? x x x Comments: 17.a. 17.b. 17.c. . This site, which has been previously graded and is surrounded by commercial, light industrial and residential development, does not contain any viable habitat for fish or wildlife species. This is an in-fill development and it does not 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 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. The cumulative effects from the project are not considered significant because the subject site is being developed in conformance with the City of Temecula's General Plan and Development Code. 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. Given the projects consistency with the General Plan and Development Code, the cumulative impact related to the development of the project site will not have a significant impact. The project will not have environmental effects that would cause substantial adverse effects on human beings, directly or indirectly. The project has been designed and will be developed consistent with the Development Code and General Plan. No significant impacts are anticipated as a result of this project. R:\P M\2003\03-0355 TPM 203-02 MDC VaiMnitial Study.doc 17 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CECA 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-s ecific conditions for the ro'ect. Comments: 18.a. The City's General Plan and Final Environment Impact Report were used as a referenced source in preparing this Initial Study. These documents are available for review at the City of Temecula Planning Department located at 43200 Business Park Drive. 18.b. There were earlier impacts, which affected this project, however it was difficult to assess whether they were adequately addressed as mitigation measures. 18.c. The mitigation measures are addressed in the Mitigation Monitoring Program, which is attached. SOURCES 1. City of Temecula General Plan, adopted November 9, 1993. . 2. City of Temecula General Plan Final Environmental Impact Report, adopted July 2, 1993 3. South Coast Air Quality Management District CEQA Air Quality Handbook. 4. A geotechnical investigation for the project site title Geotechnical Investigation, Lots 47 & 48 - Tract 23172 Highway 79 South, Temecula, California by GEOCON, dated June 9, 2003. . RIP M\2003\03.o355 TPM 203.02 MDC VaiNn~ial Study.doc 18 . . . AESTHETICS General Impact: Mitigation Measures: Specific Processes: Mitigation Milestone: Mitigation Monitoring Program Planning Application No. PA03-0355 (Tentative Parcel Map) The creation of new light sources will result in increased light and glare which could affect Palomar Observatory and day or nighttime views. Use lighting techniques that are consistent with Ordinance No. 655. Submit lighting plan to the Planning and Building and Safety Departments for approval. Lights shall be fully shielded so that direct light does not leave the property. Prior to the issuance of a building permit. Responsible Monitoring Party: Planning and Building and Safety Departments CULTURAL RESOURCES General Impact: Mitigation Measure: Directly or indirectly destroying any unique paleontological or archaeological resources. 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. This mitigation measure shall be placed on R:\P M\2003\03-0355 TPM 203-02 MOC Vai~Mitigation Monitoring Program,doc 1 the grading plan as a note prior to issuance of a grading . permit. Specific Process: Place the above condition of approval on this project so that if cultural resources are encountered during grading, work shall be halted or diverted in the immediate area while a qualified archaeologist/paleontologist evaluates the finds and makes recommendations. Mitigation Milestone: Prior to issuance of a grading permit and during the grading process. Responsible Monitoring Party: Planning and Public Works Departments General Impact: Mitigation Measure: ,Directly or indirectly destroying any unique paleontological or archaeological resources. The Pechanga Band of Luiseno Indians shall be contacted to afford the Band an opportunity to monitor ground- disturbing activities and participate in the decisions regarding collection and curation of any such resources. The applicant shall submit correspondence to the Planning Department that confirms that such contact has been made prior to the issuance of a grading penmit. Specific Process: Place the above condition of approval on this project so that the Pechanga Band of Luiseno Indians has the opportunity to monitor grading of the project. . Mitigation Milestone: Prior to the issuance of a grading permit. Responsible Monitoring Party: Planning and Public Works Departments General Impact: Directly or indirectly destroying any unique paleontological or archaeological resources. Mitigation Measure: The Applicant shall enter into a pre-construction agreementitreatment plan with the Pechanga Band of , Luiseno Indians, prior to the issuance of grading permits, that sets forth and contains the tenms and conditions for the treatment of discoveries of Native American cultural resources, The agreement {treatment plan shall contain provisions for the treatment of all Native American cultural items, artifacts, and Native American human remains that may be uncovered during the project. The agreement/ treatment plan may allow for the presence of Pechanga tribal monitors during any ground-disturbing activities. The applicant shall submit a signed copy of the pre- construction agreement/treatment plan to the Planning Department prior to the issuance of a grading permit. . RIP Ml2003103-0355 TPM 203-02 MDC VaillMiligation Monitoring Program,doc 2 . . . Specific Process: Mitigation Milestone: Responsible Monitoring Party: Place the above condition of approval on this project to require a pre-construction agreement/treatment plan between the applicant and the Pechanga Band of Luiseno Indians prior to the issuance of grading permits. Prior to issuance of a grading permit. Planning and Public Works Departments General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Directly or indirectly destroying any unique paleontological or archaeological resources. The Applicant and/or landowner agrees to relinquish all cultural resources, including all archeological artifacts, that are found on the Project area to the Pechanga Band of Luisenolndians for proper treatment and disposition. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. Place the above condition of approval on this project so that if cultural resources are encountered during grading, ownership shall be relinquished to the Pechanga Band of Luiseno Indians for proper treatment and disposition. Prior to the issuance of a grading permit and during the grading porcess. Planning and Public Works Departments General Impact: Mitigation Measure: Specific Process: Directly or indirectly destroying any unique paleontological or archaeological resources. Prior to any ground disturbance activities a qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Band of Luiseno Indians and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. Place the above condition of approval on this project so that a qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Band of Luiseno Indians and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. R:\P M\2003\03-0355 TPM 203-02 MOC VamMitigation Monitoring Program.doc 3 Mitigation Milestone: Prior to issuance of a grading permit and during the grading process. . Responsible Monitoring Party: Planning and Public Works Departments General Impact: Directly or indirectly destroying any unique paleontological or archaeological resources. Mitigation Measure: If any human remains are encountered on the project site, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office and the Pechanga Band of luiseno Indians and Miranda, Tomaras, Ogas & Wengler, llP will be contacted to arrange for the treatment of such remains. This mitigation measure shall be placed on the grading plan as a note prior to issuance of a grading permit. Specific Process: Place the above condition of approval on this project so that if any human remains are encountered on the project site, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office and the Pechanga Band of luiseno Indians and Miranda, Tomaras, Ogas & Wengler, llP will be contacted to arrange for the treatment of such remains. . Mitigation Milestone: Prior to the issuance of a grading permit and during the grading process. Responsible Monitoring Party: Planning and Public Works Departments GEOLOGY AND SOILS General Impact: Exposure of people or structures to seismic-related ground failure, including liquefaction. Mitigation Measures: A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check and development shall occur in accordance with the recommendations set forth in the soils report. Specific Processes: Submit soils report with initial grading plan check erosion control plans for approval by the Department of Public. Grading plans shall incorporate the recommendations of the soils report. Mitigation Milestone: Prior to the issuance of a grading permit. . RIP M\2003103-0355 TPM 203-02 MDC Vai~Miligalion Monitoring Program.doc 4 . . . Responsible Monitoring Party: Department of Public Works General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Exposure of people or property to seismic ground shaking, seismic ground failure, landslides or mudflows, expansive soils or earthquake hazards. Ensure that soil compaction is to City standards. A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check. A registered Civil Engineer shall certify building pads. Prior to the issuance of grading permits and building permits. Department of Public Works and Building & Safety Department. General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Exposure of people or property to seismic ground shaking, seismic ground failure, landslides or mudflows, expansive soils or earthquake hazards. Utilize construction techniques that are consistent with the Uniform Building Code. Submit construction plans to the Building & Safety Department for approval. Prior to the issuance of building penmits. 'Building & Safety Department R:\P M\2003\03-0355 TPM 203-02 MDC Vai~Mitigation Monitoring Program.doc 5