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AGENDA
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
June 6, 2007 - 6:00 P.M.
********
Next in Order:
Resolution No. 07-20
CALL TO ORDER
Flag Salute:
Chairman Chiniaeff
RollCall:
Carey, Chiniaeff, Guerriero, Harter, and Telesio
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Commission on
items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you
desire to speak to the Commission about an item not on the Agenda, a salmon colored
"Request to Speak" form should be filled out and filed with the Commission Secretary.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the Commission
Secretary prior to the Commission addressing that item. There is a three (3) minute time limit
for individual speakers.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the Planning Commission request specific items I:!e removed from the Consent
Calendar for separate action.
1 Minutes
RECOMMENDATION:
1.1 Approve the Minutes of May 16, 2007
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COMMISSION BUSINESS
PUBLIC HEARING ITEMS
Any person may submit written comments to the Planning Commission before a public
hearing or may appear and be heard in support of or in opposition to the approval of the
project(s) at the time of hearing. If you challenge any of the projects in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or
in written correspondences delivered to the Commission Secretary at, or prior to, the
public hearing.
Any person dissatisfied with any decision of the Planning Commission may file an
appeal of the Commission's decision. Said appeal must be filed within 15 calendar days
after service of written notice of the decision, must be filed on the appropriate Planning
Department application and must be accompanied by the appropriate filing fee.
2 Planninq Application No. PA06-0026, a Conditional Use Permit. submitted by Randi Newton
representinq Spectrum Surveyinq. to construct a 70-foot tall T-Mobile wireless
telecommunication facility desiqned as a broadleaf tree within a 676 square foot enclosure,
located at 42010 Moraqa Road. adiacent to the northwest corner of Rancho California and
Moraqa Roads. Christine Damko. Associate Planner.
3 Planninq Application Nos. PA06-0187 and PA07-0049. a Development Plan. submitted by
Walt Allen Architects. to replace an existinq cluster of modular buildinas with a three-story,
14.093 square foot commercial office buildinq and a 7.369 square foot underqround parkinq
structure on a 0.53 acre site. and a Minor Exception to allow for a 15 percent buildinq heiaht
increase. located at 27423 Ynez Road. Dana Schuma, Associate Planner.
4 Planninq Application No. PA01-0157. a Resolution of the Plannina Commission
recommendinq that the City Council adopt an Ordinance addinq chapter 9.20 to the
Temecula Municipal Code establishina Citywide standards for requlatina noise. Emery
Papp. Senior Planner.
COMMISSIONERS' REPORTS
PLANNING DIRECTOR'S REPORT
ADJOURNMENT
Next regular meeting: Wednesday, June 20, 2007, 6:00 p.m., Council Chambers, 43200
Business Park Drive, Temecula, California.
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ITEM #1
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
MAY 16, 2007
CALL TO ORDER
The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on
Wednesday. May 16, 2007, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
ALLEGIANCE
Commissioner Carey led the audience in the Flag salute.
ROLL CALL
P rese nt:
Commissioners: Carey, Guerriero, Harter, Telesio, and Chairman Chiniaeff.
Absent:
None.
PUBLIC COMMENTS
A. Mr. Steve Phillips, Temecula, clarified for the record that he, as well as Mr. Mejia, and
Ms. MacKellar, are residents of the Reserve at Crowne HII, not future residents. Mr. Phillips also
provided the Commission with a packet of the Reserve at Crowne Hill, Tract 26941 displaying
the areas of concern. Mr. Phillips advised that he is working with city staff, the developer, and
the builder to resolve all issues of concern ensuring that the developer meets all Conditions of
Approval.
B. Echoing Mr. Phillip's comments, Mr. Robert Mejia, Temecula, noted that he is a resident
of the Reserve at Crowne Hill and requested that staff ensure that the developer meet all
previously approved Conditions of Approval.
Referencing the comments made by Mr. Phillips and Mr. Mejia, Director of Planning Ubnoske
noted that staff is working with the Pubic Works Department and developer to ensure that all
concerns are addressed.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the Minutes of May 2, 2007.
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2 Director's Hearinq Case Update
RECOMMENDATION:
2.1 Receive and File Director's Hearing Update for April.
MOTION: Commissioner Guerriero moved to approve the Consent Calendar. Commissioner
Harter seconded the motion and voice vote reflected approval with the exception of
Commissioner Harter who abstained on Item No. 1.1.
COMMISSION BUSINESS
3 Review of the 2008-2012 Capital Improvement Proqram
Principal Planner Brown provided a brief staff report (of record).
Chairman Chiniaeff queried why the first 34 pages of the CIP are blank, advising that his booklet
would begin on page 36.
In response to Chairman Chiniaeff's question, Fiscal Services Manager Papagolos relayed that
the first 34 pages were intentionally left blank in preparation for the final production of the CIP
and would reflect the Resolution that will be adopted by the City Council.
Noting that he has just received the CIP, Chairman Chiniaeff relayed that he would have a bit of
concern approving it since he has not had a chance to review it.
Apologizing for the lateness of the staff report, Director of Planning Ubnoske stated that the CIP
document went to print late, advising that staff did not have time to add it to the staff report; and
relayed that she, as well as staff, have thoroughly reviewed the projects and have determined
that it would be consistent with the General Plan.
In response to Commissioner Telesio's query regarding the 78 Western Bypass Bridge and
Western Bypass Alignment Study, Principal Engineer Butler advised that the Western Bypass
Bridge would be a project that is funded with the TUMF program and would need to be
consistent with the Army Corp project; that the Western Bypass Alignment Study would be an
alignment study that will setting a corridor that will allow staff to condition on future development
to dedicate right-of-way for the corridor. Mr. Butler also advised that the pavement rehabilitation
on DePortola Road would be rehabilitation of existing pavement only, not widening.
MOTION: Commissioner Guerriero moved to approve staff recommendation. Commissioner
Harter seconded the motion and voice vote reflected unanimous approval.
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PUBLIC HEARING ITEMS
New Items
4 PlanninQ Application No. PA007-0022, a Maior Modification submitted by Lars Andersen of
Pacific Development Partners, LLC. to Pad K in the Rancho Temecula Town Center from a
3.500 square foot buildinQ with drive-throuQh to a 5.000 square foot multi-tenant buildinQ
with drive-throuQh. located at the northeast corner of Winchester and Nicolas Roads
Associate Planner Peters provided the Commission with a PowerPoint Presentation,
highlighting on the following:
o Project Description
o Location
o Development Plan
o Proposal
o Drive through - Stacking and Parking
o Landscaping
o Drive Through
o Site Photos
o Architecture.
In response to the Commission's questions, Associate Planner Peters relayed that there would
be 35 parking spaces around the site and that the applicant will also be relying on the reciprocal
parking.
At this time, the public hearing was opened.
Mr. Matthew Fagan, representing the applicant, relayed that he would be in concurrence of
staff's report and read into the record that Condition of Approval Nos. 19, 20, 34,48,49,52,62,
and 80 have been met; that the tenants would be satisfied with the proposed parking; and
relayedtheir excitement with moving the project forward.
In response to Chairman Chiniaeff, Mr. Fagan advised that a coffee shop, juice store, and a
Mexican Restaurant will be some of the tenants at the proposed site.
For the applicant, Chairman Chiniaeff expressed some concern with the turn-over of the parking
spaces matching the turn-over of inside the building.
In response to Chairman Chiniaeff's concern, Mr. Fagan noted that the tenants would be aware
of each other and that he would be of the opinion that there will be some overlapping and gaps
in between traffic coming and going.
At this time, the public hearing was closed.
MOTION: Commissioner Guerriero moved to approve staff recommendation. Commissioner
Carey seconded the motion and voice vote reflected unanimous approval.
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PC RESOLUTION NO. 07-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA07-0022, A MAJOR MODIFICATION TO PAK K IN THE
RANCHO TEMECULA TOWN CENTER, WHICH WAS
INCLUDED IN THE MASTER SITE PLAN APPROVAL FOR
RANCHO TEMECULA TOWN CENTER (PA02-0364) AS A 3,500
SQUARE FOOT BUILDING WITH A DRIVE-THROUGH, WITH A
CONDITION OF APPROVAL FOR PLANNING COMMISSION
REVIEW OF FINAL BUILDING ELEVATIONS, TO A
PROPOSED 5,000 SQUARE FOOT MULTI-TENANT BUILDING
WITH A DRIVE-THROUGH LOCATED AT THE NORTHEAST
CORNER OF WINCHESTER AND NICOLAS ROADS
5 Plannina Application No. PA06-0613. a Development Plan, submitted by David Simons of
Kev West EnaineerinQ, to construct a three-story 77.408 square foot hotel (Marriott
SprinQhill Suites) with 142 units. located on a vacant 3.47 acre parcel. on the east side of
Jefferson, approximately 1.000 feet north of Rancho California Road
By way of PowerPoint Presentation, Junior Planner Lowrey highlighted on the following:
o Project Description
o Location
o Site Plan
o Architecture
o Landscaping
o Environmental Determination.
At this time, Junior Planner Lowrey provided photos of existing Springhill Suites.
At this time, the public hearing was opened.
Mr. David Simons, representing Key West Engineering, relayed that the additional Floor Area
Ratio (FAR) would essentially be half of 2/3 of the additional 3fd floor of rooms.
Mr. Steve Wood, representing the Francis Domenigoni Family Trust, relayed their approval of
the proposed project but did express concern with the drive (in and around) that it would be a
common area which would be a part of the CC&Rs; advising that the Domenigoni's would not
be in support of being assessed for the maintenance of the road due to construction work; and
that they would have some concern with air quality, noise, and dust.
At this time, the public hearing was closed.
Commissioner Guerriero thanked Junior Planner Lowrey for the existing Springhill Suites photos
in other cities, and stated that he would happy with the quality and architecture of the proposed
project.
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4
Relaying his support of the proposed project, Commissioner Telesio noted that he would be
happy with the proposed color scheme.
Chairman Chiniaeff noted that he would also be in favor of the proposed project but stated that
there should be criteria in the Development Code advising what an applicant must do to gain
Floor Area Ratio (FAR).
In response to Chairman Chiniaeff's comment, Assistant City Manager Johnson advised that
staff will be reviewing the Development Code over the next fiscal year and will address his
concern and add language clarifying FAR requirements at that time.
Commissioner T elesio concurred with Chairman Chiniaeff's request.
Commissioner Carey concurred with comments made by the Commission and thanked the
applicant and staff for their presentation.
MOTION: Commissioner Harter moved to approve staff recommendation subject to all
Conditions of Approval as stated by staff. Commissioner Guerriero seconded the motion and
voice vote reflected unanimous approval.
PC RESOLUTION NO. 07-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
PA06-0316, A DEVELOPMENT PLAN TO CONSTRUCT A
THREE-STORY 77,408 SQUARE FOOT HOTEL (MARRIOTT
SPRINGHILL SUITES) WITH 142 UNITS ON A VACANT 3.47
ACRE PARCEL GENERALLY LOCATED ON THE EAST SIDE
OF JEFFERSON, APPROXIMATELY 1,000 FEET NORTH OF
RANCHO CALIFORNIA ROAD (APN 921-060-047)
COMMISSIONER'S REPORT
For Commissioner Telesio, Director of Planning Ubnoske noted that Marie Callender's will be
re-painted by Tuesday, June 12, 2007.
Chairman Chiniaeff requested that a policy be made with regard to credit being received for
Commissioners attending extra meetings such as field trips, sub-committees etc.
In response to Chairman Chiniaeff's request, Assistant City Manager Johnson noted that he will
follow-up on his request with the City Manager/City Council.
PLANNING DIRECTOR'S REPORT
Director of Planning Ubnoske noted that a contract will be brought forward to the City Council
for Frank Miller who will be performing the massing study for Old Town; and advised that
Commissioner's will be asked for input as staff goes through the process.
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5
Assistant City Manger Johnson advised that the field trip to Escondido for Thursday, May 24,
2007, has been cancelled.
ADJOURNMENT
At 6:53 pm, Chairman Chiniaeff formally adjourned to June 6. 2007 at 6:00 p.m., in the City
Council Chambers, 43200 Business Park Drive, Temecula.
Debbie Ubnoske
Director of Planning
Dennis Chiniaeff
Chairman
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ITEM #2
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
DATE OF MEETING:
June 6, 2007
PREPARED BY:
Christine Damko
TITLE:
Associate Planner
PROJECT
DESCRIPTION:
Planning Application No. PA06-0026, a Conditional Use Permit to
construct a 70-foot tall T-Mobile wireless telecommunication facility
within a 676 square foot enclosure to be located at Orchard
Christian Fellowship at 42010 Moraga Road, adjacent to the north-
west corner of Rancho California and Moraga Roads
[8] Approve with Conditions
RECOMMENDATION:
o Deny
o Continue for Redesign
o Continue to:
o Recommend Approval with Conditions
o Recommend Denial
CEQA:
[8] Categorically Exempt
(Section)
(Class)
15303
3
o Notice of Determination (Section)
o Negative Declaration
o Mitigated Negative Declaration with Monitoring Plan
OEIR
G:\Planning\2006\PA06-0026 T-Mobile Monopine - Wireless FaclPlanninglPC STAFF REPORT.doc
1
PROJECT DATA SUMMARY
Name of Applicant: Randi Newton representing Spectrum Surveying
Date of Completion: January 25, 2006
Mandatory Action Deadline Date: June 6, 2007
General Plan Designation: Community Commercial (CC)
Zoning Designation: Public Institutional (PI)
Site/Surrounding Land Use:
Site:
Existing church
North:
South:
East:
West:
Open space/Elementary school
Vacant
Existing apartment complex
Open space/Commercial
Lot Area:
5.9 acres
Total Floor Area/Ratio: N/A
Landscape Area/Coverage: N/A
Parking Required/Provided: N/A
BACKGROUND SUMMARY
When the project was initially submitted, T-Mobile proposed a Monopine design. Staff
recommended a broadleaf tree to blend with the existing trees within the surrounding area.
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 a T-Mobile wireless
telecommunication facility adjacent to an existing church located at 42101 Moraga Road,
adjacent to the northwest corner of Rancho California Road and Moraga Road. T-Mobile
proposes a broadleaf tree with a height of 70 feet surrounded by a 676 square foot enclosure,
which will also house additional equipment. The tree will be located adjacent to a large off-site
drainage feature to the north of the subject site with dense green trees and other various types
of native plant specimens. The proposed broadle.af tree was designed to blend in with the
drainage feature's natural greenery. The broadleaf tree will consist of two transmitter and two
receiver panel antennas per sector, with three sectors proposed, for a total of twelve six-foot
antennas. The City's Telecommunication Consultant has reviewed the proposal and has
determined that the branch coverage and antenna location is appropriate and is in compliance
with FCC safety rules and regulations. The enclosure is constructed of an eight foot stucco
G:\Planning\2006\PA06-0026 T-Mobile Monopine - Wireless FaclPianninglPC STAFF REPORT.doc
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concrete masonry unit (CMU) wall that will be painted to match the existing church. The
enclosure will be screened by five 48" box broadleaf trees and thirteen 15 gallon Photina
Fraseri shrubs. Three of the trees will be located in front of the enclosure facing the parking lot
and Moraga Road, while the two remaining trees will be located in the rear of the enclosure,
providing a backdrop of greenery to further camouflage the cellular facility. The Photina
Fraseri shrubs will be placed around the entire enclosure.
T-Mobile selected this area to provide infill to their network as well as address future capacity
needs. Due to the select areas needing coverage there was a smaller range of properties to
consider placing the telecommunications site. This site was best suited due to the open space
and accessibility to electrical lines.
Initially, staff was concerned about the visibility of the tree from Moraga Road. Staff contacted
the City's Telecommunication Consultant and inquired about the possibility of converting the
tree to an architectural element on the existing church. The Consultant advised Staff that
because of the church's low architectural profile, the architectural element to house the
wireless telecommunication facility would have to be constructed very high, which would look
out of scale with the rest of the building. Staff also inquired about adding an architectural
element to the commercial strip mall and car wash located north west of the project site. The
Consultant advised that this location would be difficult to gain the amount of coverage needed
because the more structures located between a telecommunications site, the more difficult it is
to get proper coverage.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the Californian on May 26, 2007 and mailed to
the property owners within the required 600-foot radius.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act, the proposed Project has been
deemed to be categorically exempt from further environmental review (Section 15303, Class 3
New Construction or Conversion 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 the project.
FINDINGS
Conditional Use Permit (Code Section 17.040.010.El
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
G:IPlanning\2006\PA06-0026 T-Mobile Monopin. - Wireless FacIPlanninglPC STAFF REPORT.doc
3
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.
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 building and
landscaping on the project site and adjacent drainage feature. The tree will be located
adjacent to a large drainage feature with dense green trees and other various types of
native plant specimens. The proposed broadleaf tree was designed to blend in with the
drainage feature greenery. The broadleaf tree will consist of two transmitter and two
receiver panel antennas per sector, with three sectors proposed, for a total of twelve
six-foot antennas. The City's Telecommunication Consultant has reviewed the
proposal and has determined that the branch coverage and antenna location is
appropriate and is in compliance with FCC safety rules and regulations.
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 structure housing the antennas will be enclosed by a 8 foot tall block
wall 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.
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.
G:IPlanning\2006IPA06-0026 T.Mobile Monopine - Wireless FacIPlanninglPC STAFF REPORT.doc
4
ATTACHMENTS
1. Vicinity Map - Blue Page 5
2. Plan Reductions - Blue Page 6
3. PC Resolution 07-_ - Blue Page 7
Exhibit A - Draft Conditions of Approval
4. Notice of Public Hearing - Blue Page 8
G:\Planning\2006\PA06-0026 T-Mobile Monopine - Wireless FaclPlanninglPC STAFF REPORT.doc
5
ATTACHMENT NO.1
VICINITY MAP
G:IPlanning\2006IPA06-0026 T-Mobile Monopin. - Wireless FaclPlanninglPC STAFF REPORT.doc
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City of Temec:Ja
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This map was made by the City of Temecula Geographic Information System.
The map is dertved from base data produced by the Riverside Counly Assessor's
Department and the Transportation and Lald Management Agency of Riverside
County. The City of Temecula asswnes no warranty or legal responsibility for the
information contained on Ihis map. Data and information represented on this map
are subject to update and modification. The Geographic Information System and
other sources should be queried for the most current information.
This map is not for reprint or resale.
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PLAN REDUCTIONS
G:\Planning\2006\PA06-0026 T-Mobile Monopine - Wireless Fac\Planning\PC STAFF REPORT.doc
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ATTACHMENT NO.3
PC RESOLUTION NO. 07-_
G:\Planning\2006IPA06-0026 T-Mobile Monopine - Wireless FaclPlanninglPC STAFF REPORT.doc
7
PC RESOLUTION NO. 07-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA06-o026 A CONDITIONAL USE
PERMIT TO CONSTRUCT A 70 FOOT TALL WIRELESS
TELECOMMUNICATION FACILITY WITHIN A 676
SQUARE FOOT ENCLOSURE TO BE LOCATED AT
ORCHARD CHRISTIAN FELLOWSHIP CHURCH AT 42010
MORAGA ROAD ADJACENT TO THE NORTH WEST
CORNER OF RANCHO CALIFORNIA AND MORAGA
ROADS (APN: 921-310-004)
Section 1. Procedural FindinQs. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On January 25, 2006, Randi Newton representing Spectrum Suryeying
and Engineering, Inc. filed Planning Application No, PA06-0026 (Conditional Use
Permit) in a manner in accord with the City of Temecula General Plan and Development
Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law,
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on June 6, 2007, at a duly noticed public hearing
as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission approved Planning Application No. PA06-0026
subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred,
Section 2. Further FindinQs. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Conditional Use Permit (Code Section 17.040.010.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 Vety
little traffic. The proposed use is consistent with and meets all the requirements
stated in the Telecommunications Facility and Antenna Ordinance,
G:\Planning\2006\P A06-Q026 T-Mobile Monopine ~ Wireless Fac\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc
1
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 project was designed to integrate with the existing building and
landscaping on the project site and adjacent drainage feature. The tree will be
located adjacent to a large drainage feature with dense green trees and other
various types of native plant specimens. The proposed broadleaf tree was
designed to blend in with the drainage feature greenery. The broadleaf tree will
consist of two transmitter and two receiver panel antennas per sector, with three
sectors proposed, for a total of twelve six-foot antennas. The City's
Telecommunication Consultant has reviewed the proposal and has determined
that the branch coverage and antenna location is appropriate and is in
compliance with FCC safety rules and regulations,
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 structures housing the antennas will be enclosed by a eight-
foot tall block wall 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 all
applicable codes and ordinances before the Planning Commission.
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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 (Section 15303, Class 3 New Construction of
Small Structures),
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA06-0026, a Conditional Use Permit to construct a
70 foot tall T-Mobile wireless telecommunication facility located at 42010 Moraga Road
subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and
incorporated herein by this reference
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3
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 6th day of June 2007.
Dennis Chiniaeff, 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 the forgoing PC Resolution No. 07- was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th
day of June 2007, by the following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA06-0026
Project Description:
A Conditional Use Permit to construct a 70-foot tall T-
Mobile wireless telecommunication facility within a 676
square foot enclosure to be located at Orchard Christian
Fellowship at 4201 0 Moraga Road, adjacent to the north-
west corner of Rancho California and Moraga Roads
Assessor's Parcel No.
921-310-004
MSHCP Category:
Commercial
DIF Category:
Service Commercial
TUMF Category:
Service Commercial
Approval Date:
June 6, 2007
Expiration Date:
June 6, 2009
WITHIN 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 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)).
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,
GENERAL REQUIREMENTS
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Planning Department
2. The applicant shall sign both copies of the final conditions of approval that will be provided
by the Planning Department staff, and return one signed set to the Planning Department for
their files.
3. The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection from any and all claims, actions, awards, judgments, or proceedings against the
City to attack, set aside, annul, or seek monetary damages resulting, directly 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 Conditional Use Permit.
5. This approval shall be used within two years of the approval date; otherwise, it shall become
null and void. By use is meant the beginning of substantial construction contemplated by
this approval within the two-year period, which is thereafter diligently pursued to completion,
or the beginning of substantial utilization contemplated by this approval.
6. 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.
7, The foliage of the broadleaf tree shall include lighter variations of green, for a more realistic
look, A revised color and material board shall be submitted to the Planning Department for
review and approval prior to building permit issuance.
8, The applicant shall comply with the City's Telecommunication Consultant letter dated May
17,2007, a copy of which is attached.
Fire Prevention Bureau
9. 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.
10. fire Department 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).
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Community Services Department
11 . 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.
12. The developer shall comply with the Public Art Ordinance.
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PRIOR TO ISSUANCE OF GRADING PERMITS
G:lPlanning\2006IPA06-0026 T-Mobile Monopine - Wireless FaclPlanning\MASTER CQA-BY TIMING MECH 01.07 _2.doc
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Planning Department
13. The following shall be included in the Notes Section of the Grading Plan: "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."
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PRIOR TO ISSUANCE OF BUILDING PERMIT
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Planning Department
14. Three 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. A note on the plans stating that 'Two landscape inspections are required: one
inspection is required for irrigation lines and a separate inspection is required for final
planting inspection."
c. One 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. Specifications shall indicate that a minimum of two landscape site inspections will be
required. One inspection to verify that the irrigation mainline is capable of being
pressurized to 150 psi for a minimum period of two hours without loss of pressure.
The second inspection will verify that all irrigation systems have head-to-head
coverage, and to verify that all plantings have been installed consistent with the
approved construction landscape plans. The applicant/owner shall contact the
Planning Department to schedule inspections.
15. The applicant shall provide the Planning Department with written correspondence from the
property owner indicating consent for the design and location of antennas and equipment
within the cupola portion of the building.
16. 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 and shall be submitted to the Planning
Director prior to the approval of the building permit or other entitlement for use authorizing
the establishment or modification of any telecommunications facility. The agreement shall
be in accordance with section 17.40.210 of the ordinance and comply with all provisions set
forth in this section,
Building and Safety Department
17. 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.
18. Submit at time of plan review, a complete exterior site lighting plans showing compliance
with Ordinance No, 655 for the regulation of light pollution. All street lights and other outdoor
lighting shall be shown on electrical plans submitted to the Department of Building and
Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon
adjoining property or public rights-of-way.
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19. Obtain all building plans and permit approvals prior to commencement of any construction
work.
20. Obtain street addressing for all proposed buildings prior to submittal for plan review.
21. Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
22. Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan for plan review.
23. Trash enclosures, patio covers, light standards, and any block walls if not on the approved
building plans, will require separate approvals and permits.
24. Show all building setbacks on plot plan.
Fire Prevention Bureau
25. During building construction, all locations where structures are to be built or altered shall
maintain 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).
26. All/any 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).
27. Provide a 2A:1 OB:C fire extinguisher inside each building, enclosure or temporary structure
on the site.
28. The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code permit.
These changes shall be submitted to the Fire Prevention Bureau for review and approval per
the Fire Code and is subject to inspection (CFC 105).
Community Services Department
29. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
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9
PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
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Planning Department
30. 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.
31. 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.
32. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
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11
OUTSIDE AGENCIES
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12
33. The applicant shall comply with the recommendations set forth in the Rancho California
Water District's transmittal dated February 7,2006, a copy of which is attached.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
G:IPlanning\2006IPA06-0026 T-Mobile Monopine - Wireless FacIPlanning\MASTER COA-BY TIMING MECH 01.07 _2.doc
13
I~-
,:-
Kramer.Firm Inc.
Telecommunications
Technology Counsel for
Government Agencies and
Private Institutions
Since 1984
\NWVII.KramerFirm.com
Main Office:
Kramer@KramerFirm.com
Tel +1 (310)4739900
Fax + I (310) 473 5900
Suite 306
2001 5. Barrington Avenue
Los Angeles, California
Planning Memorandum
To:
From:
Date:
RE:
Subject:
Christine Damko, Associate Planner, City of Temecula
Jonathan L. Kramer
May 17, 2007
T -Mobile Wireless - 42101 Moraga Road (PA06-0026)
Revised Tree Design Comments and Proposed Conditions
Change in Tree Design
These comments are prompted by T -Mobile's decision to change the
tree design from a mono-broad leaf to a mono-broad leaf.
RF Safety Evaluation
The proposed change in tree design does not impact our RF safety
analysis. This project remains categorically excluded under the FCC
rules, thus there is no further analysis required, nor is there a RF-safety
basis to deny the project.
Physical Design Elements
Branch Coveraqe
Based on the photo simulation of the new mono-broadleaf tree, the
branch coverage and starting height appear to be appropriate.
Bark Claddinq
I recommend that T -Mobile be required to provide bark cladding from
the base of the mono-broad leaf to the top
Mountinq Hardware and Cables
The mounting hardware for the antenna brackets, the antenna brackets,
and the antenna cables external to the mono-broad leaf trunk should
painted browns and greens to provide a camouflage effect,
Panel Antenna Covers
I<~:
Kramer.Firm Inc.
Harmony Bales
February 7, 2006
T -Mobile Wireless
42101 Moraga Road
Page 2
All antenna panels should be fully covered with faux-leaf netting or
similar RF transparent camouflaging material.
Conclusions and Recommendations
My conclusion is that the project will continue to comply with the FCC
OET 65 rules after the change in tree design. There is no basis for the
City to deny the project based solely on RF emissions matters.
Subject to the recommendations above, I believe this project is ready to
move to the decision stage.
/jlk
(@
Rancho
Water
BoaroofDirectors
Ben R. Drake
President
Stephen J. Corona
Sr. YiooPresident
Ralph R. Daily
Lisa D. Herman
John E. Hoagland
Michael R. McMillan
William E. Plummer
Officers:
Brian J. Brady
General Manager
Phillip L. Forbes
Assistant General Manager I
Chief Financial Officer
E. P. "Bob" Lemons
Diredor (If Engineering
Perry R. Louck
Diredor of Planning
Jeff D. Armstrong
Controller
KeUi E. Garda
District Secretary
C. Michael Cowett
Best Best & Krieger LLP
General Counsel
February 7, 2006
Harmony Bales, Project Planner
City of Temecula
Planning Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
ffi)~~rg fi ~rg~
\n1 fEB 0 9 2006 \!!J
By Planning Department
SUBJECT: WATER A V AILABILITY
T-MOBILE/ORCHARD CHRISTIAN FELLOWSHIP
PARCEL NO, 3 OF PARCEL MAP NO, 1/9
APN 921-310-025
CITY PROJECT NO. PA06-0026 [T-MOBILE]
Dear Ms. Bales:
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.
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
Represenlati ve at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
7Y2;/ tlh.
I~cla";;;~ M:yerpeter,
Development Engineering Manager
06\MM:at0331FEG
cc: Laurie Williams, Engineering Services Supervisor
Rancho California Water District
42135 Winchester Road . PostOffieeBox9017 . Teme<:ula,Califomia92589-9017. (951)296-6900" l"AX{95I)296-6860
ATTACHMENT NO.4
NOTICE OF PUBLIC HEARING
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Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Planning Application No. PA06-0026
Randi Newton representing Spectrum Surveying
Orchard Christian Fellowship Church at 42010 Moraga Road, adjacent to the northwest
corner of Rancho California and Moraga Roads
Planning Application Number PA06-0026 is a Conditional Use Permit to construct a 70 foot
tall T-Mobile wireless telecommunication facility designed as a broadleaf tree within a 676
square foot enclosure.
In accordance with the California Environmental Quality Act, the proposed Project has been
deemed to be categorically exempt from further environmental review. (Section 15303,
Class 3 New Construction of Small Structures)
Christine Damko, Associate Planner
Place of Hearing: City of Temecula, Council Chambers
43200 Business Park Drive, Temecula, CA 92590
Date of Hearing: June 6, 2007
Time of Hearing: 6:00 p.m.
Any person may submit written comments to the Planning Commission before the hearing or may appear and be
heard in support of or opposition to the approval of the project at the time of hearing. If you challenge the project
in court, you may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to,
the public hearing. The proposed project application may be viewed at the Temecula Planning Department,
43200 Business Park Drive, Monday through Friday from 9:00 a.m. until 4:00 p.m. Questions concerning the
project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400.
Case No:
Applicant:
Location:
Proposal:
CEQA Action:
Case Planner:
G:\Planning\2006\PA06..{)()26 T-Mobile Monopine - Wireless Fac\PIanning\NOPH-PC.FRM.doc
ITEM #3
DATE OF MEETING:
PREPARED BY:
PROJECT
DESCRIPTION:
RECOMMENDATION:
CEQA:
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
June 6, 2007
Dana Schuma
TITLE:
Associate Planner
Planning Application Nos. PA06-0187 and PA07-0049, a
Development Plan to replace an existing cluster of modular
buildings with a three-story, 14,093 square foot office professional
building and a 7,369 square foot underground parking structure on
0.53 acres located at 27423 Ynez Road, and a Minor Exception to
allow for a 15 percent building height increase from 50' to 57'4"
~ Approve with Conditions
o Deny
o Continue for Redesign
o Continue to:
o Recommend Approval with Conditions
o Recommend Denial
~ Categorically Exempt
(Section)
(Class)
15332
32 In-Fill Development
o Notice of Determination
(Section)
o Negative Declaration
o Mitigated Negative Declaration with Monitoring Plan
DEIR
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PROJECT DATA SUMMARY
Name of Applicant: Walt Allen Architect
Date of Completion: June 26, 2006
Mandatory Action Deadline Date: June 6, 2007
General Plan Designation: Community Commercial (CC)
Zoning Designation: Community Commercial (CC)
Site/Surrounding Land Use:
Site:
Vacant
North:
South:
East:
West:
Empire Creek
Existing Bank Building
Ynez Road
Existing Tower Plaza Commercial Center
Lot Area:
0.53 gross acres/23,084 square feet
Total Floor Area/Ratio:
14,093 SF/0.61 FAR
Landscape Area/Coverage:
6,120 SF/27 percent coverage
Parking Required/Provided:
45 required/45 provided
43 standard and two handicapped/41 standard and two
handicapped, three motorcycle, and seven bicycle
BACKGROUND SUMMARY
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 June 26, 2006. A DRC meeting was
held on August 3, 2006, to discuss site design, landscaping, architecture, and other
departmental issues. The applicant submitted a Minor Exception application and revised plans
on February 8, 2007. A second DRC letter was sent on March 21, 2007 addressing building
height concerns. Final plans were submitted on April 10, 2007, which addressed Planning
staff recommendations.
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ANALYSIS
Site Plan
The project proposes to demolish an existing cluster of modular buildings totaling
approximately 6,500 square feet and to construct a three-story, 14,093 square foot office
building, a 7,369 square foot underground parking structure, and 5,479 square feet of
associated stair, elevator, and deck space totaling 26,941 square feet on a 0.53 acre site. The
maximum building height allowed in the Community Commercial (CC) zone is 50 feet. Due to
the grade of the site, the building height varies. The building will be three stories, 46'10" in
height on the east side along Ynez Road, and four stories, 57'4" in height on the west side with
the parking garage slightly above ground at the parking lot entrance. The project includes a
Minor Exception for the 15 percent height increase from 50' to 57'4" to accommodate
functional access from the parking garage to the roof. The 57'4" stair tower compromises 8.5
percent of the building footprint and is located on the northwest corner of the building
concealed from the street view. Additionally, the project proposes an increased floor area ratio
(FAR). The target FAR is 30 percent and the project proposes a net floor area ratio (FAR) of
0.61 percent. The Development Code does allow for projects to exceed the target FAR when
exceptional architectural design and landscape amenities are incorporated into the project
(Development Code Section 17.08.050), The project as designed conforms to all the
development regulations listed in the City's Development Code, including building setbacks
and lot coverage. The building's FAR and height are in excess of the Development Code
requirements, but the applicant has applied for a Minor Exception to allow for the increases.
Access, Circulation, and Parkinq
The project site is located in the northeastern corner of the tower plaza commercial center.
Vehicle access will be taken from an ingress/egress driveway located off of Ynez Road. This
vehicular entryway is a main entry point for the commercial center. The current parking lot on-
site will be reconfigured to accommodate for the new larger building; however, the layout will
be similar in that the parking lot will remain on the west side adjacent to the commercial center
drive aisle. The parking lot provides adequate circulation for vehicles anticipated to utilize the
site, as well as for emergency vehicles, The Fire Department has reviewed the site plan and
determined that there is proper access and circulation to provide emergency services to the
site. The Public Works Department has reviewed the site plan and has determined that the
project, as conditioned, provides adequate circulation and access. In addition, staff has
analyzed the potential traffic impacts 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.
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3
Parking for the project is required at one space for every 300 square feet of floor area. The net
building area totals 13,417 square feet, which requires 45 parking spaces. The project
proposes a total of 45 parking spaces, comprised of 41 standard spaces, two handicapped
spaces, three motorcycle spaces, and seven bicycle spaces. Per Development Section
17.24.040 parking space credits can be given for providing additional motorcycle and bicycle
parking spaces. The parking proposed includes one credit for motorcycle parking and one
credit for bicycle parking. As part of providing an exceptional design for the increased FAR, 24
of the parking spaces are located in an underground parking garage, which provides high
quality, shaded parking for building tenants and customers. Staff believes the underground
parking garage is an attractive design feature and an exceptional benefit in that it reduces the
amount of land needed for surface parking facilities, enhances customer parking options, and
brings overall value to the commercial center.
Architecture
The proposed building with the Minor Exception is consistent with the Development Code and
exceeds the Design Guidelines standards. The proposed building architecture is a modern
eclectic mix of contemporary and classical styles. The building will be a steel and concrete
framed structure with exterior light lace stucco in three colors, stone veneer, and aluminum
materials. Building materials are used and placed strategically to provide visual interest. The
building includes various breaks in wall planes and the roof line. Balconies are provided for
each of the office suites, including a large roof deck visible from the south elevation. The
building is further enhanced with accenting metal pipe hand rails, canopies, and large
windows. Access from the parking garage is provided by an internal stair tower accented with
a large expanse of glass and aluminum detail. The stair tower is a necessary function and
adds visual interest by breaking up the building mass on the west elevation. An abundance of
glass is used throughout the building to make use of natural lighting opportunities and energy
efficiency.
As part of providing an exceptional architectural design for the increased FAR the proposed
building is also a "green" building concept. Environmentally sustainable building features
include use of LEED (Leadership in Energy and Environmental Design) certified insulation,
roofing, and masonry materials, recycled building and interior materials such as carpet, solar
roof panels, passive shading created with awnings and deep recessed windows, low-energy
dual pane windows, energy efficient light fixtures and light bulbs, energy efficient appliances
and office machines, low-flow toilets and faucets, automated sensors and controls for lighting,
ventilation, air conditioning, and heating. The environmentally sustainable component of this
project recognizes the need for energy efficient land uses, Staff believes that the rich
contemporary look and the environmentally sustainable components of this project achieve
aesthetic and economic harmony, as well as an exceptional architectural design required to
allow for the proposed increase in the target Floor Area Ratio (FAR) to 0.61.
Landscapinq
The landscape plan exceeds the landscape requirements of the Development Code and City-
Wide Design Guidelines. Tree and shrub placement will serve to effectively screen onsite
parking areas and effectively soften the building elevations. The project includes 6,120 square
feet of landscaping (27%), which exceeds the 20 percent minimum required by the
Development Code. Four large mature trees will remain on site and 21 new trees will be
added to provide year-round visual interest and screening. The trees range in size between 48
inch box and 15 gallon, More than 70 percent of the trees will be 24 inch box size or larger.
G:IPlanning\2006\PA06-0187 James Webb Building - DPlPlanninglPC STAFF REPORT.doc
4
Since the project proposes to exceed the target FAR, additional pedestrian amenities have
been incorporated into the landscape design which will meet the intent of Development Code
for an increased FAR. The project incorporates an enhanced decorative walkway from Ynez
Road, along the north side of the building, and out to the parking lot which connects to the
entire commercial center. The walkway is strategically located adjacent to the creek to provide
for an aesthetically pleasing and enjoyable pedestrian environment through the site. This
walkway will also allow for public access to the future bike trail which will run along the creek
channel. Additionally, the parking lot will be comprised of permeable pavement to allow
ground water recharge and decrease the amount of run-off created from re-development of the
site.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the Californian on May 26, 2007, and mailed to
the property owners within a 600-foot radius.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act, the proposed Project has been
deemed to be categorically exempt from further environmental review. (Section 15332, Class
32 In-fill Development Projects)
1. The project is consistent with the applicable General Plan designations and all
applicable General Plan policies as well as with the applicable zoning designations and
regulations. The proposed land use for the site is allowed by the General Plan and
zoning designation of Community Commercial. The project is consistent with all
development regulations, including setbacks, height, and FAR requirements for the site
based on Development Code Section 17.03.060 allowing for minor code exceptions
and Section 17.08.050 allowing for increases in FAR.
2, The proposed development occurs within City limits on a project site that is less than
five acres and is substantially surrounded by urban uses. The project is proposed on a
0.55 acre site surrounded by existing development within an established commercial
center.
3, The project site is not known to have value as habitat for endangered, rare or
threatened species. The site is currently developed, and is not identified as a
potentially sensitive habitat area by the General Plan, The project site is not known to
have value as habitat for endangered, rare or threatened species.
4. The project will not result in significant effects relating to traffic, noise, air quality, or
water quality. Commercial development was anticipated for the project site and the
land use was analyzed as part of the General Plan. The project has been reviewed
and found to be consistent with the impacts analyzed as part of the General Plan EIR.
G:\Planning\2006\PA06-0187 James Webb Building - DPlPlanninglPC STAFF REPORT.doc
5
5. The site is adequately served by all required utilities and public services. The utility and
public service companies were notified of the proposed project and no new facilities or
expansion of existing facilities will be necessary as a result of the project. The utility
and public service companies were notified of the proposed project and no new
facilities or expansion of existing facilities will be necessary as a result of the project.
Existing services are available and adequate to service the proposed development.
CONCLUSION/RECOMMENDATION
Staff has determined that the proposed project, as conditioned and upon approval of the Minor
Exception, is consistent with the City's General Plan, Development Code, and all applicable
ordinances, standards, guidelines, and policies. Therefore, staff recommends approval of the
Development Plan and Minor Exception with the attached Conditions of Approval.
FINDINGS
Development Plan (17.05.0tO.F)
1. The proposed use is in conformance with the General Plan for Temecula and with all
applicable requirements of state law and other ordinances of the City,
The project is consistent with the General Plan and the Development Code because
the project has been designed in a manner that it is consistent with the applicable
policies and standards for community commercial development. The proposed office
use is permitted in the land use designation standards contained in the General Plan
and Development Code. The site is properly planned and zoned, and as conditioned,
is physically suitable for the type of development proposed. The project, as
conditioned, is also consistent with other applicable requirements of State law and local
ordinances, including the California Environmental Quality Act (CEQA), the City Wide
Design Guidelines, and fire and building codes.
2, The overall development of the land is designed for the protection of the public health,
safety, and general welfare.
The overall design of the project, including site design, building height, setbacks,
parking, circulation, and other associated site improvements, is consistent with, and
intended to protect the health and safety of those working in and around the site. The
project is 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.
Special Use Regulations and Standards, Increase in Floor Area Ratio (17.0B.050.A.2)
1. The project provides exceptional architectural and landscape design amenities which
reflect an attractive image and character for the City.
The project provides exceptional architectural design amenities by providing a
contemporary and environmentally sustainable building design which exceeds the
minimum standards outlined in the Design Guidelines. Exceptional features of a
sustainable ''green'' building include certified energy saving insulation, roofing, and
G:\Planning\2006\PA06-0187 James Webb Building - DPlPlanninglPC STAFF REPORT.doc
6
masonry materials, recycled building and interior materials, solar roof panels, passive
shading with awnings and deep recessed windows, low-energy dual pane windows,
energy efficient light fixtures and light bulbs, energy efficient appliances and office
machines, low-flow toilets and faucets, automated sensors and controls for lighting,
ventilation, air conditioning, and heating. The architectural design is exceptional/y rich
with a contemporary mix of stucco, stone, and aluminum materials as wel/ as an
abundance of glass to make use of natural lighting opportunities and energy efficiency.
Additional project amenities that demonstrate exceptional design include an
underground parking facility with direct building access, decorative and permeable
paving material throughout the parking lot area, and 27 percent on-site landscaping
including large mature trees to remain as wel/ as new canopy trees in a range of sizes.
Minor Exception (17.03.060.0)
1. There are practical difficulties and unnecessary hardships created by strict application
to the code due to physical characteristics of the property.
There are practical difficulties related to the site grade that make it difficult to meet the
development standards for the Community Commercial (CC) zone without the Minor
Exception. The site slopes downward 8 feet from Ynez Road on the east to the parking
lot on the west. The grade differential causes a building height disparity between the
east and west sides of the building. In order to provide functional access from the
parking grade to the roof, the stair tower must be 57'4" in height, thus requiring a 15
percent building height increase to meet the development standards of the CC zone.
Without the granting of the Minor Exception the building would not meet the current
standards, which poses a practical difficulty and unnecessary hardship.
2. The Minor Exception does not grant special privileges which are not otherwise available
to surrounding properties and will not be detrimental to the public welfare or to the
property of other persons located in the vicinity.
The Minor Exception does not grant special privileges which are not otherwise available
to surrounding properties because the exception is consistent with Development Code,
which al/ows for up to a 15 percent deviation from the CC development standard. The
request for the Minor Exception al/ows for the 15 percent height increase of 7'4" and
special privileges have not been granted which are not otherwise available by meeting
the findings within the Development Code. The granting of this exception will not be
detrimental to the public welfare or property of other persons within the vicinity as the
height increase is only for the stair tower, which is 8,5 percent of the entire building
footprint, and is located on the northwest side of the site concealed from the street
view.
3. The Minor Exception places suitable conditions on the property to protect surrounding
properties and does not permit uses which are not otherwise allowed in the zone.
The Minor Exception to increase the building height places suitable conditions on the
property to protect surrounding properties. The proposed project is for an office
building, which is permitted in the Community Commercial zone. The Minor Exception
wil/ aI/ow a 15 percent height increase, which will not aI/ow for uses which are not
otherwise aI/owed in the zone.
G:\Planning\2006\PA06-0187 James Webb Building - DPlPlanninglPC STAFF REPORT.doc
7
ATTACHMENTS
1. Vicinity Map - Blue Page 9
2. Plan Reductions - Blue Page 10
3. PC Resolution 07-_ - Blue Page 11
Exhibit A - Draft Conditions of Approval
4. Green Building Justification - Blue Page 12
5. Minor Exception Justification - Blue Page 13
6. Notice of Public Hearing - Blue Page 14
G:\Planningl2OO6\PA06-0187 James Webb Building. OPlPlanninglPC STAFF REPORT.doc
8
ATTACHMENT NO.1
VICINITY MAP
G:IPlanning\2006\PA06-Q187 James Webb Building - DPIPlanninglPC STAFF REPORT.doc
9
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ATTACHMENT NO.2
PLAN REDUCTIONS
G:IPlanning\20061PA06-0187 James Webb Building - DPIPlanninglPC STAFF REPORT.doc
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ATTACHMENT NO.3
PC RESOLUTION NO. 07-_
G:IPlanning\2006IPA06-0187 James Webb Building - DPIPlanninglPC STAFF REPORT.doc
11
PC RESOLUTION NO. 07-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NOS. PA06-Q187 AND PA07-0049, A
DEVELOPMENT PLAN TO REPLACE AN EXISTING
CLUSTER OF MODULAR BUILDINGS WITH A FOUR-
STORY, 26,941 SQUARE-FOOT COMMERCIAL OFFICE
BUILDING ON 0.53 ACRES LOCATED AT 27423 YNEZ
ROAD, AND A MINOR EXCEPTION TO ALLOW FOR A 15
PERCENT BUILDING HEIGHT INCREASE FROM 50' TO
57'4" (APN 921-260-022)
Section 1. Procedural Findinas. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A, On June 26, 2006, filed Planning Application No. PA06-0187,
(Development Plan), and on February 8, 2007, filed Planning Application No. PA07-
0049, (Minor Exception), in a manner in accord with the City of Temecula General Plan
and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on June 6, 2006, at a duly noticed public hearing
as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission approved Planning Application No, PA06-0187 and
PA07-0049 subject to and based upon the findings set forth hereunder,
E. All legal preconditions to the adoption of this Resolution have occurred,
Section 2. Further Findinas. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Development Plan (Development Code Section 17,05,010,F)
A. The proposed use is in conformance with the General Plan for Temecula
and with all applicable requirements of State law and other ordinances of the City;
The project is consistent with the General Plan and the Development Code
because the project has been designed in a manner that it is consistent with the
applicable policies and standards for community commercial development. The
proposed office use is permitted in the land use designation standards contained
in the General Plan and Development Code, The site is properly planned and
G:\Planning\2006\PA06-0187 James Webb Building - DP\Planning\DRAFf PC Reso.doc
1
zoned, and as conditioned, is physically suitable for the type of development
proposed. The project, as conditioned, is also consistent with other applicable
requirements of State law and local ordinances, including the California
Environmental Quality Act (CEQA), the City Wide Design Guidelines, and fire
and building codes.
B. The overall development of the land is designed for the protection of the
public health, safety, and general welfare;
The overall design of the project, including site design, building height, setbacks,
parking, circulation, and other associated site improvements, is consistent with,
and intended to protect the health and safety of those working in and around the
site. The project is 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.
Special Use ReQulations and Standards, Increase in Floor Area Ratio (Development
Code Section 17,08.050.A.2)
A. The project provides exceptional architectural and landscape design
amenities which reflect an attractive image and character for the City;
The project provides exceptional architectural design amenities by providing a
contemporary and environmentally sustainable building design which exceeds
the minimum standards outlined in the Design Guidelines. Exceptional features
of a sustainable "green" building include certified energy saving insulation,
roofing, and masonry materials, recycled building and interior materials, solar
roof panels, passive shading with awnings and deep recessed windows, low-
energy dual pane windows, energy efficient light fixtures and light bulbs, energy
efficient appliances and office machines, low-flow toilets and faucets, automated
sensors and controls for lighting, ventilation, air conditioning, and heating, The
architectural design is exceptionally rich with a contemporary mix of stucco,
stone, and aluminum materials as well as an abundance of glass to make use of
natural lighting opportunities and energy efficiency. Additional project amenities
that demonstrate exceptional design include an underground parking facility with
direct building access, decorative and permeable paving material throughout the
parking lot area, and 27 percent on-site landscaping including large mature trees
to remain as well as new canopy trees in a range of sizes.
Minor Exception (Development Code Section 17.03.060.0)
A. There are practical difficulties or unnecessary hardships created by strict
application of the code due to the physical characteristics of the site;
There are practical difficulties related to the site grade that make it difficult to
meet the development standards for the Community Commercial (CC) zone
without the Minor Exception. The site slopes downward 8 feet from Ynez Road
on the east to the parking lot on the west. The grade differential causes a
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building height disparity between the east and west sides of the building. In
order to provide functional access from the parking grade to the roof, the stair
tower must be 57'4" in height, thus requiring a 15 percent building height
increase to meet the development standards of the CC zone. Without the
granting of the Minor Exception the building would not meet the current
standards, which poses a practical difficulty and unnecessary hardship.
B. The Minor Exception does not grant special privileges which are not
otherwise available to surrounding properties and will not be detrimental to the public
welfare or the property of other persons located in the vicinity;
The Minor Exception does not grant special privileges which are not otherwise
available to surrounding properties because the exception is consistent with
Development Code, which allows for up to a 15 percent deviation from the CC
development standard. The request for the Minor Exception allows for the 15
percent height increase of 7'4" and special privileges have not been granted
which are not otherwise available by meeting the findings within the Development
Code. The granting of this exception will not be detrimental to the public welfare
or property of other persons within the vicinity as the height increase is only for
the stair tower, which is 8.5 percent of the entire building footprint, and is located
on the northwest side of the site concealed from the street view.
C. The Minor Exception places suitable conditions on the property to protect
surrounding properties and does not permit uses which are not otherwise allowed in the
zone;
The Minor Exception to increase the building height places suitable conditions on
the property to protect surrounding properties. The proposed project is for an
office building, which is permitted in the Community Commercial zone. The
Minor Exception will allow a 15 percent height increase, which will not allow for
uses which are not otherwise allowed in the zone.
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 and the Planning Commission hereby makes
the following findings and determinations in connection with the approval of PA06-0187
and PA07-0049:
Class 32. Section 15332. In-fill Development Proiects
A. The project is consistent with the applicable general plan designation and
all applicable general plan policies as well as with applicable zoning designation and
regulations;
The proposed land use for the site is allowed by the General Plan and zoning
designation of Community Commercial. The project is consistent with all
development regulations, including setbacks, height, and FAR requirements for
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the site based on Development Code Section 17.03.060 allowing for minor code
exceptions and Section 17,08,050 allowing for increases in FAR.
B. The proposed development occurs within city limits on a project site that is
less than five acres and substantially surrounded by urban uses;
The project is proposed on a 0.55 acre site surrounded by existing development
within an established commercial center,
c. The project site has no value as habitat for endangered, rare or
threatened species;
The site is currently developed, and is not identified as a potentially sensitive
habitat area by the General Plan. The project site is not known to have value as
habitat for endangered, rare or threatened species,
D. The project will not result in significant effects relating to traffic, noise, air
quality, or water quality;
Commercial development was anticipated for the project site and the land use
was analyzed as part of the General Plan. The project has been reviewed and
found to be consistent with the impacts analyzed as part of the General Plan EIR.
E. The site is adequately served by all required utilities and public services;
The utility and public seNice companies were notified of the proposed project
and no new facilities or expansion of existing facilities will be necessary as a
result of the project. Existing services are available and adequate to service the
proposed development.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application Nos. PA06-0187 and PA07-0049, a Development Plan to
replace to construct a 26,941 square-foot, four-story commercial office building on 0.55
acres located at 27423 Ynez Road, and a Minor Exception to allow for a 15 percent
building height increase, subject to the Conditions of Approval set forth on Exhibit A,
attached hereto, and incorporated herein by this reference.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 6th day of June 2007,
Dennis Chiniaeff, 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 the forgoing PC Resolution No. 07- was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th
day of June 2007, by the following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No.: PA06-0187 and PA07-0049
Project Description:
A Development Plan to replace an existing cluster of
modular buildings with a four-story, 26,941 square-foot
office professional building on 0.53 acres located at
27423 Ynez Road, and a Minor Exception to allow for a
15 percent building height increase from 50' to 57'4"
Assessor's Parcel No,
921-260-022
MSHCP Category:
DIF Category:
TUMF Category:
Commercial
Office
Service Commercial/Office
Approval Date:
June 6, 2006
Expiration Date:
June 6, 2009
WITHIN 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 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)).
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GENERAL REQUIREMENTS
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Planning Department
2. The applicant shall sign both copies of the final conditions of approval that will be provided
by the Planning Department staff, and return one signed set to the Planning Department for
their files.
3. The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection from any and all claims, actions, awards, judgments, or proceedings against the
City to attack, set aside, annul, or seek monetary damages resulting, directly 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 years of the approval date; otherwise, it shall become
null and void. By use is meant the beginning of substantial construction contemplated by
this approval within the two-year period, which is thereafter diligently pursued to completion,
or the beginning of substantial utilization contemplated by this approval.
6. The Director of Planning may, upon an application being filed within 30 days prior to
expiration, and for good cause, grant a time extension of up to 3 one-year extensions of
time, one year at a time.
7. A separate building permit shall be required for all sign age. (Sign program may be
required).
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
Merlex Stucco
20/30 Float Finish P107
20/30 Float Finish P450
Santa Barbara Finish P505
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Eldorado Stone Veneer
Aluminum Plate Veneer
Santa Barbara Coarsed Stone
1/8" Clear Anodized Matte Finish
1/8" Duranar Montana Dust (Vista Paint)
Warm Silver
1)1," DIA. Pipe Metal - Warm Silver
13" Channel Glass - Standard Tempered Glass
13" Channel Glass -Clear Tempered Glass
Solarscreen VE3-2M Low Emissivity Coated
Dual Pane
CLR-30VC-1/4" Laminated wI Vanceva
Arctic Snow Vinyl
Warm Silver
Aluminum Storefront
Hand Rails
Pilkington Profilit Windows
Viracon Glazing
Viracon Spandrel
Tube Steel Pipe Column
10. Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Planning Director. If it is determined that the landscaping is not being
maintained, the Planning Director shall have the authority to require the property owner to
bring the landscaping into conformance with the approved landscape plan. The continued
maintenance of all landscaped areas shall be the responsibility of the developer or any
successors in interest.
11. The applicant shall paint a 3-foot x 3-foot section of the building for Planning Department
inspection, prior to commencing painting of the building.
12. The applicant shall submit to the Planning Department for permanent filing two 8" X 10"
glossy photographic color prints of the approved Color and Materials Board and the colored
architectural elevations. All labels on the Color and Materials Board and Elevations shall be
readable on the photographic prints.
13. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These
shall be clearly labeled on site plan.
Public Works Department
14. 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.
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 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.
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18. A Water Quality Management Plan (WQMP) must be accepted by the City prior to the initial
grading plan check. The WQMP will be prepared by a registered Civil Engineer and include
site design BMPs (Best Management Practices), source controls, and treatment
mechanisms.
Building and Safety Department
19. 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.
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, if applicable to the project, 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 streetlights and other outdoor
lighting shall be shown on electrical plans submitted to the Department of Building and
Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon
adjoining property or public rights-of-way.
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.
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 or Shell Buildings shall provide a house electrical
meter to provide power for the operation of exterior lighting, irrigation pedestals and fire
alarm systems for each building on the site. Developments with Single User Buildings shall
clearly show on the plans the location of a dedicated panel in place 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. Trash enclosures, patio covers, light standards, and any block walls if not on the approved
building plans, will require separate approvals and permits.
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30. Obtain street addressing for all proposed buildings prior to submittal for plan review.
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 ofTemecula 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
32. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
33. Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan applicable to scope of work for plan review.
34. Truss calculations that are stamped by the engineer of record and the truss manufacturer
engineer are required for plan review submittal.
35. Provide precise grading plan at plan check submittal to check accessibility for persons with
disabilities.
36. Please be advised of the following shell building/complete building policy in the City of
Temecula when preparing plans for submittals. It is our recommendation that buildings with
a known tenant or occupant be submitted as a complete building. Please consider the
Building and Safety Department policy that follows these conditions in determining the
course of your design work and subsequent submittal.
37. A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
Fire Prevention Bureau
38. 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.
39. 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 4,000 GPM at
20 PSI residual operating pressure for a 4-hour duration. The Fire Flow as given above has
taken into account all information as provided (CFC 903.2, Appendix III-A).
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40. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. A combination of on-site and off-site (6" x 4" x 2-2 1/2"
outlets) on a looped system shall be located on fire access roads and adjacent to public
streets. Hydrants shall be spaced at 350 feet apart. at each intersection and shall be
located no more than 210 feet from any point on the street or Fire Department access
road(s) frontage to an hydrant. The required fire flow shall be available from any adjacent
hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC
903.2,903.4.2, and Appendix III-B).
41. 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 Department
42. The trash enclosures shall be large enough to accommodate a recycling bin, as well as,
regular solid waste containers.
43. The developer shall contact the City's franchised solid waste hauler for disposal of the
demolition and construction debris. Only the City's franchisee may haul demolition and
construction debris.
44. The Applicant shall comply with the Public Art Ordinance.
45. All parkways, landscaping, fencing and on site lighting shall be maintained by the
maintenance association.
Police Department
46. Any graffiti painted or marked upon the buildings should be removed or painted over within
24 hours of being discovered. Report all crimes to the Temecula Police 24-hour dispatch
center (951) 696-HELP.
47. Any public telephones located on the exterior of the buildings should be placed in a well-
lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This
feature is not required for public telephones installed within the interior of the buildings.
48. All disabled parking stalls on the premises shall be marked in accordance with Section
22511.8 of the California Vehicle Code.
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PRIOR TO ISSUANCE OF GRADING PERMITS
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Planning Department
49. Provide the Planning Department with a copy of the underground water plans and electrical
plans for verification of proper placement of transformer( s) and double detector check prior
to final agreement with the utility companies.
50. Double detector check valves shall be either installed underground or internal to the project
site at locations not visible from the public right-of-way, subject to review and approval by
the Director of Planning.
51. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural resources, or any artifacts
or other objects which reasonably appears to be evidence of cultural or archaeological
resource are discovered, the property owner shall immediately advise the City of such and
the City shall cause all further excavation or other disturbance of the affected area to
immediately cease. The Director of Planning at his/her sole discretion may require the
property to deposit a sum of money it deems reasonably necessary to allow the City to
consult and/or authorize an independent, fully qualified specialist to inspect the site at no
cost to the City, in order to assess the significance of the find. Upon determining that the
discovery is not an archaeological/cultural resource, the Director of Planning shall notify the
property owner of such determination and shall authorize the resumption of work. Upon
determining that the discovery is an archaeological/cultural resource, the Director of
Planning shall notify the property owner that no further excavation or development may take
place until a mitigation plan or other corrective measures have been approved by the
Director of Planning."
Public Works Department
52. A permit from Riverside County Flood Control and Water Conservation District is required
for work within their right-of-way.
53. Any relocation of existing easements shall be completed and recorded.
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 conformance 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 ground shaking and liquefaction.
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58. 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.
59. Construction-phase pollution prevention controls shall be consistent with the City's Grading,
Erosion and Sediment Control Ordinance and associated technical manual, and the City's
standard notes for Erosion and Sediment Control.
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
(WOlD) 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.
61. 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.
63. 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.
64. The Developer shall obtain any necessary letters of approval or slope easements for off-site
work performed on adjacent properties as directed by the Department of Public Works.
65. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check or
money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If
the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid.
Fire Prevention Bureau
66. 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).
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67. 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).
68. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent (CFC
902.2.2.6 Ord. 99-14).
69. 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).
70. 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).
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PRIOR TO ISSUANCE OF BUILDING PERMIT
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Planning Department
71. 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.
72. All downspouts shall be internalized.
73. Three 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. A note on the plans stating that "Two landscape inspections are required: one
inspection is required for irrigation lines and a separate inspection is required for
final planting inspection."
d. A note on the plans stating that "The contractor shall provide two copies of an
agronomic soils report at the first irrigation inspection."
e. One 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. The locations of all existing trees that will be saved consistent with the tentative
map.
i. 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.
j. Specifications shall indicate that a minimum of two landscape site inspections will be
required. One inspection to verify that the irrigation mainline is capable of being
pressurized to 150 psi for a minimum period of two (2) hours without loss of
pressure. The second inspection will verify that all irrigation systems have head-to-
head coverage, and to verify that all plantings have been installed consistent with
the approved construction landscape plans. The applicanVowner shall contact the
Planning Department to schedule inspections.
74. 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-
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thought. Plan planting beds and design around utilities. Locate all light poles on plans and
insure that there are no conflicts with trees.
75. Building Construction Plans shall include detailed outdoor areas (including but not limited to
trellises, decorative furniture, fountains, hardscape and lighting to match the style of the
building subject to the approval of the Planning Director.
76. Building plans shall indicate that all roof hatches shall be painted "International Orange".
77. 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
78. Improvement plans and/or precise grading plans shall conform to applicable City of
Temecula Standards subject to approval by the Director of the Department of Public Works.
The following design criteria shall be observed:
a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C.
paving.
b. Driveways shall conform to the applicable City ofTemecula Standard No. 207A.
c. Concrete sidewalks and ramps shall be constructed along public street frontages in
accordance with City of Temecula Standard Nos. 400. 401and 402.
d. Improvement plans shall extend 300 feet beyond the project boundaries.
e. Public Street improvement plans shall include plan and profile showing existing
topography, utilities, proposed centerline, top of curb and flowline grades.
79. 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 Ynez Road from the northerly parcel boundary to the southerly boundary for
Parcel 2 (Arterial Highway Standards - 110' 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, and utilities
(including but not limited to water and sewer)
80, All street improvement design shall provide adequate right-of-way and pavement transitions
per Caltrans' standards for transition to existing street sections.
81. 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, sidewalk, street lights. signing, striping
b. Storm drain facilities
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c. Sewer and domestic water systems
d. Under grounding of proposed utility distribution lines
82. 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.
83. 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.
84. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 ofthe Temecula Municipal Code and all
Resolutions implementing Chapter 15.06.
85. 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
86. Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
Fire Prevention Bureau
87. Prior to issuance of building permits, the developer shall furnish three copies of the water
system plans directly 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).
88. Prior to building permit, 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).
89. Prior to issuance of building permit fire sprinkler plans shall be submitted to the Fire
Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the
installing contractor to the Fire Prevention Bureau.
G:IPlanning\2006IPA06-0187 James Webb Building. DPIPlanninglDRAFT COAs.doc
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90. Prior to issuance of building permit fire alarm plans shall be submitted to the Fire Prevention
Bureau for approval. Three sets of alarm plans must be submitted by the installing
contractor to the Fire Prevention Bureau.
Community Services Department
91. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of demolition and construction debris.
Police Department
92. Applicant shall ensure all landscaping surrounding all buildings are kept at a height of no
more than three feet or below the ground floor windowsills. Plants, hedges and shrubbery
should be defensible plants to deter would-be intruders from breaking into the buildings
utilizing lower level windows.
a. Applicant shall ensure all trees surrounding all building roof tops be kept at a
distance so as to deter roof accessibility by "would-be burglars." Trees also act as a
natural ladder. Prune tree branches with at least a six foot clearance from the
buildings.
b. Any berms should not exceed three feet in height.
93. All parking lot lighting surrounding the complex should be energy-saving and minimized
after hours of darkness and in compliance with the State of California Lighting Ordinance,
California Government Code 8565. Furthermore, recommend all exterior lighting be in
compliance with Mt. Palomar Lighting Ordinance 665 requiring low-pressure sodium
lighting.
a. Recommend all exterior doors have their own vandal resistant fixtures installed
above each door. The doors should be illuminated with a minimum one (1) foot
candle illumination at ground level, evenly dispersed.
b. All exterior night lighting should be wall mount light fixtures to provide sufficient
lighting during hours of darkness and to prevent problems on the premises.
c. The Governors Order to address the power crisis became effective March 18,2001.
This bill calls for a substantial reduction from businesses to cut usage during non-
business hours. The order, in part, states: "All California retail establishments,
including but not limited to shopping centers, auto malls and dealerships, shall
substantially reduce maximum outdoor lighting capability during non-business hours
except as necessary for the health and safety of the public, employees or property."
d. "Failure to comply with this order following a warning by law enforcement officials
shall be punishable as a misdemeanor with a fine not to exceed $1,000.00 in
accordance with section 8565 of the California Government Code."
94. Recommend all doors, windows, locking mechanisms, hinges, and other miscellaneous
hardware is commercial or institution grade.
G:IPlanning\2006\PA06-0187 James Webb Building. OPIPlanninglORAFT COAs,doc
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
G:\Planning\2006\PA06-0187 James Webb Building - DPIPlanning\ORAFT COAs.doc
17
Planning Department
95. 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.
96. 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.
97. 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.
98. Each parking space reserved for the handicapped shall be identified by a permanently
affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying
the International Symbol of Accessibility. The sign shall not be smaller than 70 square
inches in area and shall be centered at the interior end of the parking space at a minimum
height of 80 inches from the bottom of the sign to the parking space finished grade, or
centered at a minimum height of 36 inches from the parking space finished grade, ground,
or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-
street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously
stating the following:
"Unauthorized vehicles parked in designated accessible spaces not
displaying distinguishing placards or license plates issued for persons with
disabilities may be towed away at owner's expense. Towed vehicles may be
reclaimed by telephoning (951) 696-3000."
99. 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
three square feet in size.
100. 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.
101. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Public Works Department
102. 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:\Pianning\2006IPA06-0187 James Webb Building - DPIPlanninglDRAFT cOAs.doc
18
103. 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
104. 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.
105. 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 Bureau
106. 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).
107. 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 andlor
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).
108. 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
(CFC Article 10, CBC Chapter 9).
109. 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).
110. 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).
111. 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).
112. 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:IPianning\2006\PA06-Q187 James Webb Building - DP\Planning\oRAFT cOAs.doc
19
113. 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.
114. If there are changes to underlying maps then prior to map recordation the applicant shall
submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County
standards) digital version of the map including parcel and street centerline information. The
electronic file will be provided in a ESRI ArclnfolArcView 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.
115. 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).
Police Department
116. Upon completion of construction, the buildings shall have a monitored alarm system
installed and monitored 24-hours a day by a designated private alarm company, to notify the
Temecula Police Department of any intrusion. All multi-tenant officeslsuiteslbusinesses
located within a specific building should have their own alarm system.
G:IPlanning\2006IPA06-Q187 James Webb Building - DPIPlanning\ORAFT cOAs.doc
20
OUTSIDE AGENCIES
G:\Planning\2006\PA06-0187 James Webb Building - DPIPlanninglDRAFT cOAs.doc
21
117. The applicant shall comply with the recommendations set forth in the County of Riverside
Department of Environmental Health's transmittal dated July 18, 2006, a copy of which is
attached.
118. The applicant shall comply with the recommendations set forth in the Rancho California
Water District's transmittal dated July 3, 2006, a copy of which is attached.
119. The applicant shall comply with the recommendations set forth in the Southern California
Gas Companies transmittal dated July 21, 2006, a copy of which is attached.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
G:IPlanning\2006\PA06-0187 James Webb Building - DP\PlanninglDRAFT COAs.doc
22
o CGJNTY OF RIVERSIDE . HEAL d SERVICES AGENCY 0
DEPARTMENT OF ENVIRONMENTAL HEALTH
July 18, 2006
~~~[~ D' E_!!'):
,. '!
!UL2 5 2006 I.~I
City ofTemecula Planning Department
P.O. Box 9033
Temecula, CA 92589-9033
Attention: Dana Schuma
RE: Development Plan No. PA06-0l87
By_. .....-.rt -'-
Planmng Depc.! u Il~, t
Dear Ms. Schuma:
Department of Environmental Health has reviewed the development plan to construct a 22,626 square
foot, three-story office building on .55 acres located on Y nez Road. This new building will replace an
existing 6,500 sq. ft. building. Although, the site plan does not indicate that either water and sewer
services exist, we assume that these services are in and are available.
PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD
BE REQUIRED:
a) "Will-serve" letters from the appropriate water district.
Sincerely,
~ez, Supe
(951) 955-8980
NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of
Environmental Health clearance.
Environmental Health Specialist
Local Enforcement Agency. Po. Box 1280, Riverside, CA 92502-1280 . (909) 955-8982 . FAX (909) 781-9653 . 4080 Lemon Street, 9th Floor. Riverside, CA 92501
Land Use and Water Engineering. Po. Box 1206, Riverside, CA 92502-1206 . (909) 955-8980 . FAX (909) 955.8903 . 4080 Lemon Street. 2nd Floor. Riverside, CA 92501
(@
Rancho
Water
BoardofDi~tors
Ben R. Drake
President
Stephen J. Corona
Sr. Vice President
Ralph H. Daily
Lisa D. Herman
John E. Hoagland
Michael R. McMillan
William E. Plummer
Officers:
Brian J. Brady
General Manager
Phillip L. Forbes
Assistant General Manager I
Chief Financial Officer
E. P. "Bob" Lemons
Director of Engineering
Perry R. Louck
DiroetQfofPlanning
Jeff D. Armstrong
Controller
Kelli E. Garcia
District Se<::retary
C. Michael Cowett
Best Best & Krieger LLP
General Counsel
July 3, 2006
~;~~.'5
Dana Schuma, Project Planner
City of Temecula
Planning Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
SUBJECT: WATER AVAILABILITY
J~l\1ES WEBB BLTILDING
PARCEL NO.1 OF PARCEL MAP NO. 20363
APN 921-260-022
CITY PROJECT NO. PA06-0187
Dear Ms. Schuma:
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.
Water availability would be contingent upon the property owner signing an
Agency Agreement that assigns water management rights, if any, to RCWD.
Tf' 'U'n' Sh^nlA ha\Tt:J> ':Jon,. ...,uest;.....r,C' ......1""'''l..''' ,.,0"+0::1,..... ~n P't"r.-~....o.""'...;"t:'" ~""r'l:i~.....~C'
...... .J .~u u.v\,.u...... ...1- ..... .....11,} "1. .....v~.", p..........."..... ..... .u_~....""~ "d. .a........SJ...............".....b ~V'" ................
Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
~ire"p .
Acting Development Engineering Manager
cc; Laurie Williams, Engineering Services Supervisor
06\MM:Im236\FEG
Rancho California Water District
42135 Winchester Road . Post Office Box9Ql7 . Tcmecula,Califomia92589-9017. (951)296-6900 . FAX (951) 296-6860
Southern
California
Gas Company'
A ~ Sempra Energy. company
i'.~,
hV I~ /r::.,
;l- ~\'-'"'
1 ~,~, ---
1 '" u'~ '-"-',
JJ 1/ JUt.> c. O^~' -.
~. LUUg
..v~ '-_"
Pia n'l; c::-::-"
.. ....,g nc --.~.
~ --..::p&;/. .,?nt-h..
July 21, 2006
Southern Califomia
Gas Company
City of Temecula
Planning Dept
P.O. Box 9033
Temecula, CA 92589-9033
9400 Oakda/e Awnue
CJwtswonh. C4
9/3/3
Subject:
072106 Various Project
Mailing Address:
p. 0. Box23()()
CJwtswonh. C4
9/3/3-23()()
ML9314
c
PA06.0162 - Creekside Plaza Shopping Center
- Pechanga Pkwy & Hwy 79S . Construction.
Teme<::yla- . -
--- .
PA06-0187 - 27423 Ynez Rd - Constructlon-
T emecula
"PA06-o143 - Winchester Rd - 400' s/Nicholas
RdlWinchester Rd - Construction - Temecula
PA06-0140 - 28975 Old Town Front Street-
Construction - Temecula
Temecula Lane II - PA 05-0395, 05-0396, 05-
0397
lei 8/8-70/-4546
fax 8/8-70/-344/
---
.,
Southern California Gas Company, Transmission Department, has no
facilities within your proposed improvement. However, our Distribution
department may have some facilities within your construction area. To
assure no conflict with the local distribution's pipeline system, please
contact (951) 335-7725.
Sincerely,
Rosalyn
Pipeline PI ning Assistant
Transmission Department
ATTACHMENT NO.4
GREEN BUILDING JUSTIFICATION
G:\Planning\2006\PAOS-0187 James Webb Building - DP\PlanninglPc STAFF REPORT.doc
12
Walter R. Allen, AlA
28465 Old Town Front St. Suite 201
Temecula, CA 92590
951-693-0301 fax-693-4080
February 2, 2007
City of Temecula
Planning Department
43200 Business Park Drive
Temecula, CA 92590
Attn.: Dana Schuma
Subject:
Green Building Justification- No. 06-0187
James Webb Building, 27423 Ynez Road
Green building is an essential component of the related concepts of sustainable design,
sustainable development and general sustainability. We recognize the need of building
today to achieve not only the aesthetic harmony but the ecological between a structure
and its surrounding natural and built environment.
Proposed steps to improve the quality of the building:
>- Use LEED (Leadership in Energy and Environmental Design) certified building
material); insulation, cool roofing and masonry.
>- Use passive shading; awnings and deep recessed window on south facing
elevation
>- Use Solar electricity, solar panels on the roof.
>- Use of compact fluorescent energy efficient light bulbs, light dimmers and
controls, lighting fixtures with a coefficient of utilization of at least 80 percent,
Increasing the amount of natural daylighting
>- Specify Energy Star labeled appliances and office machines
>- Specify high performance windows, low-E, dual pane, with a shading coefficient
no higher than 0.4 on the south, east and west and a visible transmittance level
above 0.6 to let sunlight in and keep excessive heat out
>- Install operable windows, which keep occupants comfortable and more satisfied
by allowing them to control their access to fresh air (south elevation)
>- Install occupancy sensors to control lighting, ventilation, air conditioning and
heating in enclosed areas that are occupied intermittently
Walter R. Allen, AlA
28465 Old Town Front St. Suite 201
Temecula, CA 92590
951-693-0301 fax-693-4080
)> Use of recycled materials; building materials and interior materials (carpets)
)> Use of light-colored surfaces that reflect light and appear brighter
)> Specify waterless urinals, low-flow or composting toilets and high-efficiency
faucets.
)> Specify oversized ducts that will deliver air at a lower speed and enable you to
reduce the size and electricity consumption of your fans. An added benefit is a
much quieter mechanical system.
)> Use automated building controls for your HV AC system
)> Landscape with plants that are well adapted to the local climate
)> Limit wood use.
)> Choose materials such as carpets, paints, wall coverings and adhesives carrying
the Green Seal label and furnishings with Greenguard certification -- signifying
they emit low levels of potentially harmful volatile organic compounds (VOCs)
ATTACHMENT NO.5
MINOR EXCEPTION JUSTIFICATION
G:IPlanning\2006IPA06-0187 James Webb Building - DPIPlannlnglPc STAFF REPORT.doc
13
Walter R. Allen, AlA
28465 Old Town Front St. Suite 201
Temecula, CA 92590
951-693-0301 fax-693-4080
February 2, 2007
City of Temecula
Planning Department
43200 Business Park Drive
Temecula, CA 92590
Attn.: Dana Schuma
Subject:
Statement of Justification - No. 06-0187
James Webb Building, 27423 Ynez Road
1. The existing grade varies from the highest at the Ynez Road, 28.80' to the lowest
at parking surface, 22.40'. The majority of the building height measured at Ynez
Road is 48' -0", and 54' at the parking grade. The building stair tower, facing
west to the shopping mall, is the tallest element of the building measuring 59' -8"
from the parking grade. The tower footprint is 690 sf and it comprises only 8.5%
of the total building footprint.
2. The stair tower height was mainly dictated by its functionality; providing access
from the lowest grade to the roof. We chose the location furthest from the Ynez
Road., where is partially concealed from the street view. Being located on the
north/west corner, it will not create any shadow lines over the existing parking
and it will not be detrimental to the public welfare. We chose rich and
contemporary materials for the building and the tower to bring value and
affluence to the shopping center, and to enhance the customer's experience.
3. The proposed building is located within CC - Community Commercial zone.
The proposed use; professional offices, service-oriented business and small retail
is permitted.
ATTACHMENT NO.6
NOTICE OF PUBLIC HEARING
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14
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Case No:
Applicant:
Location:
Proposal:
Planning Application No. PA06-0187 and PA07-0049
Walt Allen Architects
Located at 27423 Ynez Road
A Development Plan to replace an existing cluster of modular buildings with a three-story,
14,093 square foot commercial office building and a 7,369 square foot underground parking
structure on a 0.53 acre site, and a Minor Exception to allow for a 15 percent building height
increase.
Class 32 Exemption per CEQA Section 15332 (In-fill Development Projects)
Dana Schuma, Associate Planner
City of Temecula, Council Chambers
43200 Business Park Drive, Temecula, CA 92590
Date of Hearing: June 6, 2007
Time of Hearing: 6:00 p.m.
Any person may submit written comments to the Planning Commission before the hearing or may appear and be
heard in support of or opposition to the approval of the project at the time of hearing. If you challenge the project
in court, you may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to,
the public hearing. The proposed project application may be viewed at the Temecula Planning Department,
43200 Business Park Drive, Monday through Friday from 9:00 a.m. until 4:00 p.m. Questions concerning the
project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400.
CEQA Action:
Case Planner:
Place of Hearing:
G:\Planning\2006\PA06-0187 James Webb Building ~ DP\Planning\NOPH.doc
ITEM #4
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
TO: Planning Commission
FROM: Emery J. Papp, AICP, Senior Planner
DATE: June 6, 2007
SUBJECT: Proposed Noise Ordinance adding Chapter 9.2 to Title 17 of the
Temecula Municipal Code
BACKGROUND
On April 12, 2005, the Temecula City Council adopted a comprehensive update of the
Temecula General Plan. The General Plan includes a Noise Element which contains
goals and policies aimed at reducing the impacts of ambient noise in the built
environment. These goals and policies minimize noise impacts by setting maximum
acceptable noise levels and requiring the community to maintain acceptable noise
standards. However, because the City has not yet formally adopted a Noise Ordinance,
it has been difficult for enforcement officials to cite individuals who create or contribute to
nuisance noises. The proposed Noise Ordinance addresses two of the four goals
identified in the Noise Element of the General Plan and one policy for implementing each
goal as follows:
Goal 2 Minimize transfer of noise impacts between adiacent land uses;
Policy 2.1 - Limit the maximum permitted noise levels crossing property lines
and impacting adjacent land uses; and
Goal 3 - Minimize the impact of noise levels throuqhout the communitv throuqh land use
Dlanninq;
Policy 3.1 - Enforce and maintain acceptable noise limit standards.
JUSTIFICATION
At certain levels, sound becomes noise and may jeopardize the health, safety or general
welfare of City residents and degrade their quality of life. This proposed Noise
Ordinance identifies general sound level standards, methodology for measuring sound
levels, enforcement, and exemptions.
The proposed Noise Ordinance identifies five key types of nuisance noise that can be
regulated and enforced under this Chapter of the Municipal Code. These include:
Power Tools and Equipment Power tools and equipment shall not be used
between the hours of 10:00 p.m. and 8:00 a.m. if they are audible to a person
within another occupied building. Similarly, power tools shall not be used at any
time if audible to a person at a distance greater than 100 feet away.
Audio Eauipment - Audio equipment shall not be used between the hours of
10:00 p.m. and 8:00 a.m. if they are audible to a person within another occupied
building. Similarly, portable or stationary audible equipment shall not be used at
any time if audible to a person at a distance greater than 100 feet away.
Sound Amplifvina EauiDment or Live Music - "Loud and raucous" noise
emanating from any sound-making device, sound-amplifying device or live music
is unlawful on public and private property. Loud and raucous means
"unreasonably" (defined in Ordinance) interfering with the peace and quiet of
other persons, or to unreasonably annoy or endanger the comfort, health or
safety of other persons.
Construction - In accordance with the City's existing Noise Control Ordinance
regarding construction noise, construction activity shall not occur between the
hours of 6:30 p.m. and 6:30 a.m. when within one-quarter mile of a residence.
No work shall commence on Sundays, with the exception of residents working on
their homes or property.
Barkina Doas and Keepina of Noisy Animals - The provisions of this section
make it unlawful for property owners to allow their animals to be incessantly
noisy whether the owner of the property is present or not. Unacceptable periods
of time are defined as incessant noise for thirty (30) minutes or more within any
twenty-four hour period, or intermittent noise for sixty (60) minutes or more within
any twenty-four hour period. Observation of the offending behavior can be
directly observed by a City enforcement official, or by a minimum of two
neighboring property owners who sign a written complaint.
Enforcement - City enforcement officials shall have the authority to issue verbal
warnings or written citations based on their own observations or in response to
citizen complaints. Any person who violates the provisions of the proposed
Noise Ordinance would be subject to punishment as set forth in Chapter 1.20
and subject to enforcement remedies as set forth in Sections 1.21 and 1.24 of
the Temecula Municipal Code.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the Californian on May 26, 2007 and
mailed to the property owners within the required 600-foot radius.
ENVIRONMENTAL DETERMINATION
Staff has determined that Ordinance No. 07-_ (Ordinance Regulating Noise) is
exempt from the requirements of the California Environmental Quality Act ("CEQA")
pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because
it can be seen with certainty that there is no possibility that the Ordinance will have a
significant effect on the environment. The Ordinance will have no adverse
environmental affects because it will reduce the public's exposure to loud ambient noise
levels and nuisance noise.
RECOMMENDATION
Staff recommends that the Planning Commission adopt a Resolution recommending that
the City Council approve an Amendment to Title 17 of the Temecula Municipal Code,
adding Chapter 9.2 and establishing Citywide standards for regulating noise.
ATTACHMENTS
1. PC Resolution No. 07-_ (Noise Ordinance) - Blue Page 4
Exhibit A - Proposed CC Ordinance No. 07-
2. Notice of Public Hearing - Blue Page 5
ATTACHMENT 1
PC RESOLUTION 07-_
PC RESOLUTION NO. 07-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 9.20 TO THE TEMECULA
MUNICIPAL CODE ESTABLISHING CITYWIDE
STANDARDS FOR REGULATING NOISE (PLANNING
APPLICATION NO. PA07-0357)"
Section 1. Procedural Findinqs. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On June 6, 2007 the Planning Commission identified a need to amend the
adopted Municipal Code to add a new Chapter to the Temecula Municipal Code
regarding the regulation of noise (Planning Application No. PA07 -0157).
B. The Ordinance was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on June 6, 2007, at a duly noticed public hearing
as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve Planning
Application No. PA07-0157 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinqs. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
A. The proposed Ordinance is in conformance with the General Plan for
Temecula and with all applicable requirements of State law and other ordinance of the
City;
The proposed Noise Ordinance conforms to the City of Temecula General Plan
in that the criteria for establishing reasonable noise levels is identified in the City
of Temecula General Plan Noise Element. Furthermore, the proposed Noise.
Ordinance directly responds to Goal 2, Policy 2.1 of the General Plan Noise
Element and Goal 3, Policy 3. 1 of the General Plan Noise Element.
B. The proposed Ordinance is consistent with the Municipal Code and
Development Code for the City of Temecula;
G:\Planning\2007\PA07-0157 Noise Ordinance\Planning\PC RESOLUTION.doc
I
The proposed Noise Ordinance has been designed to be internally consistent
with the Municipal Code and the Development Code in terms of referencing key
components of the City's currently adopted Noise Control Ordinance, which
applies to construction related noise, and enforcement issues.
Section 3. Environmental Compliance. In accordance with the California
Environmental Quality Act, the proposed Ordinance No. 07-_ (Ordinance Regulating
Noise) is exempt from the requirements of the California Environmental Quality Act
("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)
(3) because it can be seen with certainty that there is no possibility that the Ordinance
will have a significant effect on the environment. The Ordinance will have no adverse
environmental affects because it will reduce the public's exposure to the harmful effects
of loud ambient noise levels and nuisance noise. The Planning Commission, therefore,
recommends that the City Council of the City of Temecula adopt a Notice of Exemption
for the proposed ordinance.
Section 4. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council approve Planning Application No. PA07-
0157, a proposed City-wide Noise as set forth on Exhibit A, attached hereto, and
incorporated herein by this reference
G:\Planning\2007\PA07-0157 Noise Ordinance\Planning\PC RESOLUTION.doc
2
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 6th day of June, 2007.
Dennis Chiniaeff, 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 the forgoing PC Resolution No. 07-_ was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th
day of June 2007, by the following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
G:\Planning\2007\PA07-0157 Noise Ordinance\Planning\PC RESOLUTION.doc
3
EXHIBIT A
PROPOSED CC ORDINANCE 07-_
G:\Planning\2007\P A07-0 157 Noise Ordinance\Planning\PC RESOLUTION.doc
4
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING CHAPTER 9.20 TO THE
TEMECULA MUNICIPAL CODE ESTABLISHING
CITYWIDE STANDARDS FOR REGULATING NOISE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 9.20 is hereby added to the Temecula Municipal
Code to read as follows:
"CHAPTER 9.20 NOISE
9.20.010 Intent. At certain levels, sound becomes noise and may jeopardize
the health, safety or general welfare of City residents and degrade their quality of life.
This Chapter is intended to establish citywide standards to regulate noise. This Chapter
is not intended to establish thresholds of significance for the purpose of any analysis
required by the California Environmental Quality Act and no such thresholds are hereby
established.
9.20.020 Definitions. Whenever used in this Chapter, the following terms
shall have the following meanings:
A. Animals. Any bird, cat, dog, goat, horse, or burro or donkey.
B. "Audio equipment" means a television, stereo, radio, tape player, compact
disc player, MP3 player, i-Pod or other similar device.
C. "City Manager" means the City Manager or his or her designee.
D. "Decibel" means a unit (dB) for measuring the relative amplitude of a
sound equal approximately to the smallest difference normally detectable by the human
ear, the range of which includes approximately one hundred thirty (130) decibels on a
scale beginning with zero decibels for the faintest detectable sound. Decibels are
measured with a sound level meter using different methodologies as defined below:
1. A-weighting (dBA) means the standard A-weighted frequency
response of a sound level meter, which de-emphasizes low and high frequencies of
sound in a manner similar to the human ear for moderate sounds.
2. Community Noise Equivalent Level (CNEL) means a 24-hour
energy equivalent level derived from a variety of single-noise events, with weighting
factors of 5 and 10 dBA applied to the evening (7 PM to 10 PM) and nighttime (10 PM to
7 AM) periods, respectively, to allow for the greater sensitivity to noise during these
hours.
1
3. Ldn means Day-Night Average Sound Level. The A-weighted
average sound level for a given area (measured in decibels) during a 24-hour period
with a 10 dB weighting applied to night-time sound levels. The Ldn is approximately
numerically equal to the CNEL for most environmental settings.
4. Maximum Sound level (Lmax) means the maximum sound level
measured on a sound level meter.
E. "Governmental agency" means the United States, the State of California,
the County of Riverside, the City of Temecula, or any combination of these agencies.
F. "Motor vehicle" means a vehicle that is self-propelled.
G. "Noise" means any loud, discordant, raucous or disagreeable sound.
H. "Occupied property" means any property upon which is located a
residence, business or industrial or manufacturing use.
I. Public Property. Property owned by a governmental agency or held open
to the public, including, but not limited to, parks, streets, sidewalks, and alleys.
J. Public or Private School. An institution conducting academic instruction at
the preschool, elementary school, junior high school, high school, or college level.
K. Sensitive Receptor. A land use that is identified as sensitive to noise in
the Noise Element of the Riverside County General Plan and the Noise Element of the
Temecula General Plan, including, but not limited to, residences, schools, hospitals,
churches, rest homes, cemeteries or public libraries.
L. Sound Amplifying Equipment. A loudspeaker, microphone, megaphone,
stereo equipment, portable radio, boom box, or other similar devices.
M. Sound Level Meter. An instrument meeting the standards of the American
National Standards Institute for Type 1 or Type 2 sound level meters or an instrument
that provides equivalent data.
9.20.030 Exemptions. Sound emanating from the following sources is
exempt from the provisions of this Chapter:
A. Facilities owned or operated by or for a governmental agency;
B. Capital improvement projects of a governmental agency;
C. The maintenance or repair of public properties;
2
D. Public safety personnel in the course of executing their official duties,
including, but not limited to, sworn peace officers, emergency personnel and public
utility personnel. This exemption includes, without limitation, sound emanating from all
equipment used by such personnel, whether stationary or mobile;
E. Public or private schools and school-sponsored activities;
F. Property maintenance, including, but not limited to, the operation of
lawn mowers, leaf blowers, etc., provided such maintenance occurs between the hours
of 7:00 a.m. and 8:00 p.m.;
G. Motor vehicles, other than off-highway vehicles. This exemption does not
include sound emanating from motor vehicle sound systems;
H. Heating and air conditioning equipment;
I. Safety, warning and alarm devices, including, but not limited to, house and
car alarms, and other warning devices that are designed to protect the public health,
safety, and welfare; and
J. The discharge of firearms consistent with all state laws.
9.20.040 General Sound level Standards. No person shall create any
sound, or allow the creation of any sound, on any property that causes the exterior
sound level on any other occupied property to exceed the sound level standards set
forth in Tables N-1 and N-2.
3
TABLE N-l
TEMECULA LAND USElNOISESTANDAR.DS
Property Receiving Noise Maximum Noise Level
(Ldn or CNEL, dEAl
T}pe of Use Land Use Designation Interior ExteriorJ
Hillside
Rural
Very Low 45 65
Residential Low
Low Mediwn
Mediwn 45 65 / 70'
High 45 70'
Neighborhood
Community 70
--
Commercial and Office Highway Tourist
Service
Professional Office 50 70
Light Industrial Industrial Park 55 75
Public/Institutional Schools 50 65
All others 50 70
Vineyards/ Agriculture -- 70
Open Space Open Space 70 /652
--
1 Maximum exterior noise levels up to 70 dB CNEL are allowed for Multiple- Family Housing.
2 Where quiet is a basis required for the land use.
J Regan:\ing aircraft-related noise, the maximum acceptable exposure for new residential
development is 60 dB CNEL
4
Land Use
Residential'
Transient Lodging - Motel,
Hotel
Schools, Libraries, Churches,
Hospitals, Nursing Homes
Playgrounds, Parks
Golf Course, Riding Stables,
Water Recreation, Cemeteries
Office Buildings, Business
Commercial, and Professional
TABLE N-2
NOISE/LAND USE CaMP A TIBILlTY MA TR.IX
55
Olrnmunity Noise Exposure
(Ldn or CNEL)
60 65 70 75
80
Industrial, Manufacturing,
Utilities, Agriculture
Source: Modified from 1998 State of California General Plan Guidelines.
1. Regarding aircraft- related noise, the maximum acceptable exposure for new residential development is 60dB CNEL.
2. No nonnallyacceptable condition is defIned for these uses. Noise studies are required prior to approval
~ Normally Acceptable: Specified land use is satisfactory, based upon the assumption that any buildings involved
~ meet conventional Tide 24 construction standards. No special noise insulation requirements.
. Conditionally Acceptable: New construction or development shall be undenaken only after a detailed noise
analysis is made and noise reduction measures are identified and included in the project design.
~ Normally Unacceptable: New construction or development is discouraged. If new construction is proposed, a
~ detailed analysis is required, noise reduction measures must be identified, and noise
insulation features included in the design.
. Oearly Unacceptable: New construction or development clearly should not be undenaken.
5
9.20.050 Sound level Measurement Methodology. The actual location of
a sound level measurement shall be at the discretion of the enforcement officials
identified in Section 9.20.080 of this Chapter. Sound level measurements shall be
made with a sound level meter. Immediately before a measurement is made, the sound
level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of
the American National Standards Institute. Following a sound level measurement, the
calibration of the sound level meter shall be re-verified. Sound level meters and
calibration equipment shall be certified annually.
9.20.060 Special Sound Sources Standards. The general sound level
standards set forth in Section 9.20.040 of this Chapter apply to sound emanating from
all sources, including the following special sound sources, and the person creating or
allowing the creation of the sound is subject to the requirements of that section. The
following special sound sources are also subject to the following additional standards.
Failure to comply will constitute separate violations of this ordinance.
A. Power Tools and Equipment. No person shall operate any power tools or
equipment between the hours of 10:00 p.m. and 8:00 a.m. such that the power tools or
equipment are audible to a person located inside an occupied building. No person shall
operate any power tools or equipment at any other time such that the power tools or
equipment are audible to a person located at a distance greater than one hundred (100)
feet from the power tools or equipment.
B. Audio Equipment. No person shall operate any audio equipment as
described in 9.20.020(B), whether portable or not, between the hours of 10:00 p.m. and
8:00 a.m. such that the equipment is audible to a person located inside an occupied
building. No person shall operate any audio equipment, whether portable or not, at any
other time such that the equipment is audible to a person located at a distance greater
than one hundred (100) feet from the equipment.
C. Sound Amplifying Equipment or Live Music.
1. It is unlawful for any person to cause, allow or permit the emission
or transmission of any loud and raucous noise from any sound-making, sound-
amplifying device or live music under his control or in his possession:
a. Upon any private property;
b. Upon any public street, alley, sidewalk or thoroughfare; or
c. In or upon any public park or other public place or property.
2. The words "loud and raucous noise," as used this section, shall
mean any sound or any recording or live music thereof when amplified or increased by
any electrical, mechanical or other device to such volume, intensity or carrying power as
to unreasonably interfere with the peace and quiet 'of other persons within or upon any
one or more of such places or areas, or as to unreasonably annoy, disturb, impair or
6
endanger the comfort, repose, health or safety of other persons within or upon anyone
or more of such places or areas.
3. The word "unreasonably," as used in this section, shall include, but
not be limited to, consideration of the hour, place, nature and circumstances of the
emission or transmission of any such loud and raucous noise.
D. Construction. No person shall engage in or conduct construction activity,
when the construction site is within one-quarter mile of an occupied residence, between
the hours of 6:30 p.m. and 6:30 a.m., Monday through Friday, and shall only engage in
or conduct construction activity between the hours of 7:00 a.m. and 6:30 p.m. on
Saturday. Further, no construction activity shall be undertaken on Sunday and
nationally recognized holidays. Public works projects of any federal, state or local entity
or emergency work by public utilities are exempt from the provisions of this subsection
E. Residents working on their homes or property are exempt from the prohibition of
construction activities on Sundays and holidays but must comply with the hourly
restrictions set forth for Saturday when working on Sundays and holidays. The city
council may, by formal action, exempt projects from the provisions of this chapter.
E. Barking Dogs and Keeping of Noisy Animals.
1. Noisy Animal means any animal that barks, bays, cries, whines,
howls, screeches or makes any noise for an extended period of time whether day or
night, regardless of whether the animal is physically situated in or upon private property.
Such extended period of time shall consist of the above described incessant noise for
thirty (30) minutes or more in any twenty-four-hour period, or intermittent noise for sixty
(60) minutes or more during any twenty-four-hour period. An animal shall not be
deemed a "nuisance animal" for purposes of this article if, at any time the animal is
making noise due to a person or other animal that is trespassing or threatening to
trespass upon private property in or upon which the animal is situated, or when the
animal is being teased or provoked.
2. Evidence of said "incessant noise" shall be made by direct
observation of an enforcement official present on site responding to a complaint from a
neighbor, OR a complaint form may be signed by a minimum of two neighboring
property owners and submitted to an enforcement official.
3. Nothing in this chapter shall establish standards for private civil
claims, in either civil court or small claims court, nor shall this chapter preclude any
person from pursuing a private civil action in either civil or small claims court.
9.20.070 Exceptions. Exceptions may be requested from the standards set
forth in Sections 9.20.040 (General Sound Standards) or 9.20.060 (Special Sound
Sources Standards) of this Chapter and may be characterized as construction-related or
single event exceptions.
7
A. Application and Processing.
1. Construction-Related Exceptions. An application for a
Construction-Related Exception shall be made on forms provided by the Building and
Safety Department and shall be accompanied by the appropriate filing fee. No public
hearing is required.
2. Temporary Use Permit. An application for a Single Event
Exception shall be made using the Temporary Use Permit application provided by the
Planning Department and shall be accompanied by the appropriate filing fee. No public
hearing is required.
B. Requirements for Approval. The Director of Planning or his or her
designee shall not approve an exception application unless the applicant demonstrates
that the activities described in the application would not be detrimental to the health,
safety or general welfare of the community. In determining whether activities are
detrimental to the health, safety or general welfare of the community, the Director of
Planning or his or her designee shall consider such factors as the proposed duration of
the activities and their location in relation to sensitive receptors. If an Exception
Application is approved, reasonable conditions may be imposed to minimize the public
detriment, including, but not limited to, restrictions on sound level, sound duration and
operating hours.
C. Appeals.
1. Construction-Related Exception. Any person aggrieved by or
dissatisfied with the Planning Director's decision on an application for a Construction-
Related Exception may appeal from such action by filing an appeal according to the
procedures set forth in Section 17.03.090 of the Temecula Municipal Code.
2. Temporary Use Permit. Any person aggrieved by or dissatisfied
with the Planning Director's decision on an application for a Temporary Use Permit may
appeal from such action by filing an appeal according to the procedures set forth in
Section 17.03.090 of the Temecula Municipal Code.
9.20.080
Enforcement.
A. The City Manager and his or her designee, including but not limited to
police officers, code enforcement officers, park rangers or other enforcement officials
shall have the authority to enforce the provisions of this Chapter.
B. Any person who violates any provision of this Chapter is guilty of a
misdemeanor, and upon conviction shall be punished as set forth in Chapter 1.20 of the
Temecula Municipal Code.
8
C. Any person who violates any provision of this Chapter shall be subject to
the enforcement remedies of Chapters 1.21 and 1.24 of the Temecula Municipal Code.
D. Nothing in this Chapter shall be intended to limit any of the civil or criminal
remedies available to the City, nor shall it be intended to limit the City from engaging in
efforts to obtain voluntary compliance by means of warnings, notices, administrative
citations or educational programs.
9.20.090 Duty to Cooperate. No person shall refuse to cooperate with, or
obstruct, the enforcement officials identified in Section 9.20.080 of this Chapter when
they are engaged in the process of enforcing the provisions of this Chapter. This duty
to cooperate may require a person to extinguish a sound source so that it can be
determined whether sound emanating from the source violates the provisions of this
Chapter.
SECTION 2. PRIOR ORDINANCE. The provisions of Chapter 9.20 shall
supersede the provisions of any ordinances in conflict therewith adopted by reference in
Chapter 1.08 of the Temecula Municipal Code.
SECTION 3. SEVERABILITY. If any portion, provision, section,
paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by
any final court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining portions, provisions, sections, paragraphs, sentences, and
words of this Ordinance shall remain in full force and effect and shall be interpreted by
the court so as to give effect to such remaining portions of the Ordinance.
SECTION 4. EFFECTIVE DATE. This ordinance shall take effect thirty
(30) days after its adoption.
9
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of , ,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
10
ATTACHMENT NO.2
NOTICE OF PUBLIC HEARING
Case No:
Applicant:
Location:
Proposal:
CEQA Action:
Case Planner:
Place of Hearing:
Date of Hearing:
Time of Hearing:
::; , -'
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Planning Application No. PA07-0157
City of Temecula
Citywide
Review proposed Noise Ordinance and recommend an action to the City Council
Exempt from review under the California Environmental Quality Act pursuant to Section
15061(b)(3)
Emery J. Papp, AICP
City of Temecula, Council Chambers
43200 Business Park Drive, Temecula, CA 92590
June 6, 2007
6:00 p.m.
Any person may submit written comments to the Planning Commission before the hearing or may appear and be
heard in support of or opposition to the approval of the project at the time of hearing. If you challenge the project
in court, you may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to,
the public hearing. The proposed project application may be viewed at the Temecula Planning Department,
43200 Business Park Drive, Monday through Friday from 9:00 a.m. until 4:00 p.m. Questions concerning the
project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400.
G:IPlanning\2007\PA07.0157 Noise OrdinanceIPlanning\NOPH-PC.FRM.doc