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HomeMy WebLinkAbout040208 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE April 2, 2008 - 6:00 P.M. CALL TO ORDER Flag Salute: Commissioner Carey Next in Order: Resolution No. 2008-16 Roll Call: 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. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of March 5, 2008 R:IPLANCOMM Wgendas\2008\040208.doc 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 COMMISSIONERS' REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next regular meeting: Wednesday, April .16, 2008 6:00 p.m., Council Chambers, 43200 Business Park Drive, Temecula, California. R:\PLANCOMM~Agendas\2008\040208.doc ITEM #1 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MARCH 5, 2008 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on Wednesday, March 5, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Commissioner Guerriero led the audience in the Flag salute ROLL CALL Present: Commissioners: Carey, Chiniaeff, Guerriero, Harter, and Telesio Absent: None PUBLIC COMMENTS None. PUBLIC HEARING ITEMS 1 By way of PowerPoint Presentation, Associate Planner Schuma highlighted on the following: • Background • Previously Approved Site Plan • Major Modification • Site Plan Modification • Conceptual Landscape Plan • Conceptual Landscape Plantings • Originally Approved Elevations • Proposed Elevations • Conditional Use Permit (CUP) • Environmental Determination • Recommendation Staff requested changes to the following Conditions of Approval: • Conditional Use Permit Nos. 10 and 15 shall be amended to reference "Tips Training" rather than License Education on Alcohol and Drugs (LEAD) Training • Delete Condition of Approval Nos. 10 and 75 under Maior Modification R:WlinutesPC\030508 1 For Commissioner Chiniaeff, Associate Planner Schuma noted that -under the Development Code, Special Markets less than 14,000 square .feet are coridifionally permitted within Neighborhood Commercial Zones. At this time, the public hearing was opened. Mr. Ron May, applicant representing Fresh & Easy, noted that the cut-out in the middle of the proposed building will be asub-tenant space. At this time, the public hearing was closed. Commissioner Chiniaeff requested that more trees be planted in the rear in the building to screen from the adjacent community. MOTION: Commissioner Chiniaeff moved to approve staff recommendation subject to the modifications to the Conditions of Approval as recommended by staff. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. PC RESOLUTION NO. 08-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0324, A CONDITIONAL USE PERMIT TO ALLOW FOR A SPECIALTY MARKET (FRESH AND EASY) WITH THE INCIDENTAL SALE OF BEER AND WINE IN A NEIGHBORHOOD COMMERCIAL ZONE LOCATED AT 44060 MARGARITA ROAD WITHIN REDHAWK PAVILION (APN 959- 050-006) 2 Assistant Planner LeComte, by way of PowerPoint Presentation, highlighted on the following: • Project Description • Location • Background • Statement of Operations • Analysis • Environmental Recommendation • Recommendation In response to Commissioner Harter's query, Assistant Planner LeComte stated that the police recommended 'the posting of the curfew sign which would be consistent with similar establishments of this type. Assistant Planner LeComte noted that the police will be frequently monitoring the area for truancy and loitering. R:UAinutesPC\030508 2 The Planning Commission expressed concerns with loitering, supervision on premises, and truancy. At this time, the public hearing was opened. Mr. and Mrs. Johnson, owners of the proposed project, noted the following: • An adult will be in charge of the facility during midweek and more than two adults on the weekends • A parent/guardian will need to sign a consent form in order.to par3ake in the games • The owners will have access to all games at any given time • The owners have run a business like this before and have not had any problems • The waiting area will be more than a five seat waiting area • The applicant does not have any concerns with loitering; noting that the center offers many seating opportunities outside The owners will do their best to ensure safety for all patrons at all times • Tournaments could occur once or twice a year and would need prior authorization Commissioner Chiniaeff suggested that the owners invest in a scanning mechanism that can identify its user. Director of Planning Ubnoske stated that after discussing concerns of loitering and truancy with the police department, staff would no longer had concerns regarding loitering and truancy and would be in favor of moving the project fonnrard; advising that it would be incumbent on the applicant to manage loitering and truancy; and if problems arise and persist, the Conditional Use Permit (CUP) can be revoked.. At this time, the public hearing was closed The Planning Commission stressed the importance of the owners handling loitering and truancy. MOTION: Commissioner Chiniaeff moved to approve staff recommendation. Commissioner Carey seconded the motion and voice vote reflected unanimous approval. PC RESOLUTION N0.08-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0289, A MINOR CONDITIONAL USE PERMIT TO AUTHORIZE MAX FPS GAMING TO HAVE AN INDOOR LOCAL AREA NETWORK (LAN CENTER) INTERNET AND VIDEO GAMING FACILITY WITHIN AN EXISTING 1,400 SQUARE FOOT SUITE LOCATED AT 41493 MARGARITA ROAD, SUITE 102, IN THE BEL VILLAGGIO SHOPPING CENTER (APN 921- 830-010) 3 R:NAinutesPC\030508 Associate Planner Damko, by way of PowerPoint Presentation, highlighted on the following: • Project Description • Location • Site Plan • Original Site Plan • Architecture • Architecture -Town homes • Architecture - Apartments • Environmental Determination • Amended Conditions of Approval With respect to Rancho California Water District, Associate Planner Damko noted that although staff did not receive a letter from Rancho California Water District, she spoke with the Mr. Wallace of Rancho California Water District and was advised that they would not have any issues with serving the proposed project; and noted that the district is currently working with the applicant on serving the proposed project. Staff advised of the following amended Conditions of Approval • Delete Condition Nos. 4 and 9 pertaining to CC&Rs - (they do not pertain to the project) • Amend Condition Nos. 71a and 71b.v. (as per staff report) regarding Pujol Street For Commissioner Chiniaeff, Associate Planner Damko noted that all landscaping and irrigation will be maintained by the owner. The Commission queried on whether or not the applicant will be installing a SMART irrigation System for landscaping. Commissioner Guerriero relayed his concern with not having received a letter from Rancho California Water District relaying its approval. For the record, Chairman Telesio advised that he met with the applicant, Mr. Markham, for 10 minutes prior to the meeting to review the project. At this time, the public hearing was opened. Thanking staff for their efforts in moving this project forward, Mr. Larry Markham, applicant, relayed his concurrence with the Conditions of Approval, and added the following comments: • That Rancho California Water District will be servicing the project • That the applicant will be using all imposed requirements imposed by the City as well as conditions imposed by Rancho California Water District • That the City does not have a requirement for Alternative Energy and the applicant has not been conditioned for this • That the applicant has met all required codes and requirements imposed by the City For Commissioner Harter, Mr. Brian Dinerstein, stated that with respect to amenities, the following will be provided for tenants: R:UAinutesPC\030508 4 • Astate-of-the-art fitness center • An Internet cafe will offer 6 to 8 computers and printers, high- speed Internet connection, conference tables, and coffee bar • All computers will be filtered • Storage will be provided for tenants for a fee on a first come first serve basis Mr. Vincent Didonato, landscape architect for the proposed project, advised that his firm has been using the drip irrigation for over 20 years on all its project; that the only lawn area for the project will be near the tot-lot area; that the majority of the landscaping will be brush and shrubs; and that the project will be furnished with a SMART irrigation system (FVtanter ET System). Mr. Dell Toelkes, representing the applicant, noted that he would be willing to explore solar panels for heating the pool. Commissioner Chiniaeff queried on the pool size and whether or not it would be able to accommodate the number of residents. Mr. Ted Fontenot, representing the applicant, noted that at this time, he would not know the exact occupancy of the units. With respect to Commissioner Chiniaeffs concern with the size of the pool, Mr. Markham relayed that the applicant would be willing to accept a condition that would impose that the applicant justify the size of the pool versus amount of residents. For Commissioner Guerriero, Mr. Toelkes stated that each unit will carry a 50 gallon water heater that will be incompliance with the Title 24 Energy Code. Mr. Markham added that in comparison to the old units that have been demolished, the proposed units will have energy efficient appliances and insulation that will reduce energy utilization. Ms. Liz Bibb, Temecula, spoke in favor of the proposed project. Ms. Nancy Baron, Temecula, relayed her concern with the increased amount of traffic that will be imposed on Pujol Street due to the proposed project. With respect to Ms. Baron's concern, Deputy of Public Works York relayed that when the project is complete the traffic counts will be 2300 vehicles per day which would be in compliance with the road requirements for this type of roadway; stated that this project would be in compliance with the City's General Plan; noted that there are no plans to improve Calle Cerrillo at this point in time; and that in the future, First Street will connect to the future Western Bypass Corridor; advised that the developer is only required to improve its portion of the project (full width of First Street); and that the applicant is only doing minor improvements to Pujol Street (in front of the project); relayed that Pujol Street is not expected to be extehded to Temecula Parkway; and that the connection to the interchange at Temecula Parkway -and I-15 will be the future Western Bypass Corcidor. At this time, the public hearing was closed. R:UAinutesPC\030508 5 For Commissioner Chiniaeff, Mr. York advised that Calle Cerrillo is not on the City's Circulation Element and that there are no plans to improve the road. Addressing the concern of water, Assistant City Manager Johnson stated that City is in the process of developing a Water Conservation Ordinance; that staff is currently working with the Community Services Department and would be hopeful to have the Ordinance before the Planning Commission in a few months. Mr. Johnson also noted that staff will also be working on an Ordinance with respect to energy efficiency; and that staff would support a condition to use solar panels to produce hot water if this were the desire of the Planning Commission. Speaking in favor of the proposed project, Commissioner Chiniaeff made the following comments: • That his desire would be that the applicant install a SMART Irrigation type of controller for landscaping • That the applicant use solar paneling for heating water • That he is in favor of the onsite storage being proposed • That the traffic counts would be within the City's Development Code, Commissioner Carey also spoke in favor of the proposed project. Chairperson Telesio relayed that he would be in favor of the proposed project and would look forward to the Water Conservation Ordinance being brought forward for review. MOTION: Commissioner Carey moved to approve staff recommendation subject to the amended Conditions of Approval as per the request of staff; and that the applicant work with staff with respect to solar heating. Commissioner Chiniaeff seconded the motion and voice vote reflected unanimous approval. PC RESOLUTION NO.08-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0229, A DEVELOPMENT PLAN TO CONSTRUCT 274 APARTMENT UNITS LOCATED WITHIN SIXTEEN BUILDINGS ON 13.7 ACRES LOCATED ON THE SOUTHWEST CORNER OF FIRST STREET AND PUJOL STREET (ASSESSOR'S PARCEL NUMBERS 922-260-002 THRU 013; 922-260-015 THRU 026) COMMISSIONER REPORTS Commissioner Carey relayed his enthusiasm with the Water Conservation and Energy Efficiency Ordinance's coming forward for review. PLANNING DIRECTOR'S REPORT Director of Planning Ubnoske noted that the pedestrian bridge project for the Promenade Mall will be coming forward in the near future, and requested a Commissioner to sit in with the infrastructure beautification committee for its review. R:VUlinutesPC\030508 Commissioner Guerriero volunteered to sit in on the review of the pedestrian bridge at the Promenade Mall. ADJOURNMENT At 7:35 pm, Chairman Telesio formally adjourned to March 19. 2008 at 6:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. John Telesio Chairman Debbie Ubnoske Director of Planning R:wlinutesPC1030508 7 ITEM #2 STAFF REPORT -PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: April 2, 2008 PREPARED BY: Katie Le Comte, Assistant Planner PROJECT Planning Application Number PA07-0087, a Minor Conditional Use DESCRIPTION: permit for Zarka Cigar Lounge, located at 28120 Jefferson Avenue, to authorize aType-42 (on-sale beer and wine) ABC license which would authorize the sale of beer and wine for consumption on the premises; and Planning Application No. PA08-0027 a finding of Public Convenience or Necessity (APN: 921-060-032) RECOMMENDATION: CEQA: Approve with Conditions Categorically Exempt Section 15301 Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Mr. Zack Abou General Plan Highway Tourist Commercial Designation: Zoning Designation: Highway Tourist Commercial Existing Conditions/ Land Use: Site: Broadmoor Place North: Highway Tourist Commercial/Existing McDonald's Restaurant South: Highway Tourist Commercial/Existing Rosa's Cafe Restaurant East: Service Commercial/Existing Service Commercial buildings West: Interstate-15 Proposed Min/Max Allowable or Required Lot Area: Existing N/A Total Floor Area/Ratio: Existing N/A Landscape Area/Coverage: Existing N/A Parking Required/Provided: 88 existing parking spaces/ 88 spaces required/36 for cigar reciprocal lounge G:\Planning12007\PA07-0087 Zarka Cigar Lounge\Planning\STAFF REPORT.doc 7 BACKGROUND SUMMARY Zarka Cigar Lounge currently exists in the Broadmoor Place shopping center located in the Highway Tourist Commercial zoning district on the east side of Jefferson Road and west of Interstate 15. Zarka Cigar Lounge is currently operating as a retail tobacco shop with an ancillary smokers' lounge, which is a permitted use in the Highway Tourist Commercial zone. The operation of the retail tobacco shop in conjunction with the ancillary smoker's lounge is consistent with the "Retail Tobacco Shop Exception" per Labor Code Section 6404.5, and currently meets the following criteria in order to qualify for this exception:. (1) the private smoker' lounge is attached to the retail tobacco shop; (2) the main purpose of the business is the sale of tobacco products. The applicant is requesting to operate the existing cigar lounge as a private members only cigar lounge and serve beer and wine to members. According to the Development Code, the approval of a Conditional Use Permit is required to authorize alcoholic beverage sales in the Highway Tourist Commercial zone. On March 15, 2007, Mr. Zack Abou submitted a Minor Conditional Use Permit application to request the authorization of a Type-42 ABC license to allow for the sale of beer and wine for on-site consumption in the private members only cigar lounge. The retail portion of the business would not be licensed to serve beer and/or wine. Staff has consulted with the City Attorney regarding this application, and presumably, when a cigar lounge holds an ABC license, the main purpose of the business is no longer the sale of tobacco products. Therefore, the establishment no longer qualifies for the "Retail Tobacco Shop Exception" from indoor smoking restrictions as governed by California Labor Code Section 6404.5. However, the applicant has indicated that they qualify for the "Small Business Exception" per Labor Code Section 6404.5 and are exempt from the smoking restrictions required for places of employment. In order for a business to qualify for this exception they must have five or fewer employees and meet the following requirements: (1) all employees who enter the establishment must consent to the smoking; (2) air is exhausted directly outside by an exhaust fan; (3) the employer complies with all applicable state and federal ventilation standards. To ensure consistency with the "Small Business Exception" from the Labor Code, a Condition of Approval has been added to the permit which restricts the number of employees to no more than five for the business. Additionally, a Condition of Approval has been added to require that the permittee comply with all applicable State laws, including all Labor Code requirements. The statement of operations that has been provided by the applicant indicates that the business will have no more than five employees. The staff includes one manager/owner, two sales clerk and two lounge attendants. The applicant has indicated that all of the employees will be at least 21 years of age, so that all employees may enter the lounge if the need arises. Additionally, the applicant has indicated that the lounge has been equipped with air handlers and a smoke filtration system which eliminates the smoke in the lounge and reduces second hand smoke inhalation by members and employees. All smoke is required to be exhausted directly outside by an exhaust fan, and the Building and Safety Department will ensure that the facility meets all requirements during the building plan check process. Additionally, to ensure compliance with this exception, the project has been conditioned to require that the permittee/owner obtain a written statement from all employees indicating that they consent to the smoking. The condition also requires that employee's consent forms are retained on file at the establishment. G:\Planning\20071PA07-0087 Zarka Cigar Lounge\Planning\STAFF REPORT.doc 2 As indicated in the statement of operations, the retail tobacco portion of the business and humidor is physically separated from the members only cigar lounge by a door with an electronic lock. When a member enters the store they must show proof of identification and age (21 or older). Additionally, patrons requesting to enter the lounge must show proof of membership prior to being permitted to enter the lounge. All members are required to be at least 21 years of age and alcoholic beverages will be served in the private lounge portion of the business only. No alcohol will be permitted to be served in the retail portion of the facility under any circumstances. Members may join the private cigar lounge for an annual fee of approximately $600. Membership includes access into the lounge during the normal hours of operations. The lounge is proposed to be open from 10 a.m. to 10 p.m. everyday. The entire facility has been equipped with closed circuit surveillance video equipment which records all camera views. The applicant has indicated that all digital recording is retained for up to one month. Staff has consulted with the Department of Alcoholic Beverage Control (ABC) and they have indicated that the census tract in which Zarka Cigar Lounge is located is over-concentrated with existing on-sale ABC licenses. According to ABC, census tract 432.15 is allowed to have three on-sale licenses before the census tract is considered to be over-concentrated. Currently, 52 on-sale licenses exist within the census tract. However, it is important to note that the over- concentration of ABC licenses is based upon the residential population in the census tract area. The number of residents in census tract 0432.15 is relatively small in comparison to the number of residents in other census tracts within the City, which reflects a smaller number of allowable licenses in the census tract. Most of the existing licenses in the census tract have been issued to restaurants (bona-fide eating establishments), which are not subject to the Finding of Public Convenience or Necessity. Three other Type-42 licenses have been issued to wine tasting facilities in the Old Town area, and upon the approval of the Minor Conditional Use permit for Zarka Cigar Lounge four Type-42 licenses will exists in the census tract. Staff has drafted a number of operational restrictions and they have been included as Conditions of Approval for the Minor Conditional Use Permit. 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 Conditional Use Permit The applicant is requesting that the Planning Commission authorize a Minor Conditional Use Permit to authorize aType- 42 ABC license to allow for beer and wine to be served in a private members only cigar lounge located at 28120 Jefferson Avenue. All businesses or establishments offering the sale of alcoholic beverages require the appropriate license from the Department of Alcoholic Beverage Control (ABC). Staff has consulted with ABC and they have indicated that the applicant has applied for the appropriate license. However, before ABC can issue the license, the Minor Conditional Use Permit must be approved by the Planning Commission. According to the Development Code, businesses selling alcoholic beverages and requiring the approval of a Conditional Use Permit shall not be located within 500 feet of any religious institution, school or public park. Staff has consulted with the Geographic Information Systems department and they have indicated that there are no sensitive uses within 500 feet of the G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\STAFF REPORT.doc 3 proposed use and that the business complies with the required sensitive use buffer requirements. The establishment will be located approximately 1,500 feet from three established churches (Grace of Temecula Valley, Emanuel Christian Fellowship and Southwest Christian Church). Zarka Cigar Lounge is located within an existing shopping center and all of the existing uses within the shopping center are commercial and retail-type uses. The uses include Mortgage House Inc., Penny Saver, Allure Salon, Yummy Sushi restaurant, and an additional restaurant space that is now vacant. Yummy Sushi currently holds an active Type-41 ABC license which authorizes the sale of beer and wine for consumption on the premises. No residences are located in the immediate vicinity of this conditional use. A number of operational restrictions have been drafted, and shall be made Conditions of Approval for the project, in order to ensure that this conditional use is compatible with the adjacent uses and that the use will not have a detrimental impact on surrounding uses. This project meets all applicable Development Code requirements and is compatible with surrounding uses, buildings, and structures. The site is adequate in size and shape to meet all code requirements, including the minimum parking requirements. Due to the fact that the Conditional Use Permit will be issued to a private cigar lounge the use in not anticipated to be detrimental to the health, safety and general welfare of the public due to the fact that the facility is not open to the general public. Furthermore, the applicant has indicated that Zarka Cigar Lounge will have a designated driver program in place to ensure that members have a safe transportation option, if needed. Finding of Public Convenience or Necessity In discussing this project in detail with the Department of Alcoholic Beverage Control (ABC), they have indicated that a Finding of Public Convenience of Necessity is required to be made by the Planning Commission, in addition to the approval of the Minor Conditional Use Permit, prior to the licensing of the private members only lounge and prior to the issuance of the Type-42 license. When requested by the State of California to make a Finding of Public Convenience or Necessity, the approval authority shall only consider whether or not the use is consistent with the General Plan and Development Code, whether the use is compatible with adjacent land uses, whether the use will have an adverse affect on adjacent land uses, and whether the use will result in an excessive number of similar establishments in close proximity. According to ABC, a Finding of Public Convenience or Necessity is required because the census tract (No. 432.15) is over-concentrated with on-sale ABC licenses. Three on-sale licenses are allowed in census tract before the census tract is considered over-concentrated by ABC's standards. Fifty-two on-sale licenses currently exist in the census tract. However, it is important to note that the over-concentration of ABC licenses is based upon the residential population in the census tract area. The number of residents in census tract 0432.15 is relatively small in comparison to the number of residents in other census tracts within the City which reflects a smaller number of allowable licenses in the census tract. Staff has analyzed the census tract data provided by ABC and has determined that 43 of the on- sale licenses in the census tract have been issued to restaurants (bona-fide eating establishments) serving beer and wine; or beer, wine and distilled sprits. Restaurants (bona- fide eating establishments) are not subject to the Finding of Public Convenience or Necessity. One Type-40 license currently exists in the census tract which authorizes the sale of beer only. Two Type-58 licenses, which are special catering licenses, are active in the census tract, along with two Type-48 licenses which have been issued to bar/nightclub establishments to allow for the service of beer, wine and distilled spirits without food service. The existing Type-48 licenses G:lPlanning\2007\PA07-0087 Zarka Cigar Lounge\Planning\STAFF REPORT.doc 4 required a Finding of Public Convenience or Necessity to be made in order to authorize these licenses. The three other Type-42 licenses which currently exist in the census tract have been issued to wine tasting facilities. Prior to the issuance of the Type-42 licenses for these facilities, a Finding of Public Convenience or Necessity had been made by the Planning Commission to authorize the service of beer and wine at these establishments. One Type-52 license exists in the census tract and has been issued to the Veteran's of Foreign War Post 4089. A Type-52 license is specifically a Veteran's Club license which authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. If the Planning Commission approves the Minor Conditional Use Permit and makes the finding of Public Convenience or Necessity for the Type-42 license for the private cigar lounge portion of the applicant's business, there will be four active Type-42 licenses in the census tract. Parking Requirements Per Development Code Section 17.24.040, the parking for this project should be calculated according to the requirements for a shopping center due to the mix of land uses within the shopping center. The total shopping center square footage is 12,371 square feet. The Development Code parking requirements for a shopping center allow for the first 15% of restaurant space within the shopping center to be parked at 1/300. The remaining restaurant space within the shopping center which exceeds the first 15% of restaurant space is then parked at 1/100. The parking requirements for the existing in the Broadmoor shopping center, as well as the proposed Zarka Cigar Lounge are as follows: Total shopping center square footage = 12,371 square feet (12,371 square feet X 15% = 1,856 square feet of restaurant space to be parked at 1/300) Vacant Restaurant: 2,200 square feet total 1,856 square feeU300 = 6 spaces 344 square feeU100 = 4 spaces Allure Salon: 1,600 square feeU300 = 5 spaces Mortgage House & Penny Saver: 3,853 square feeU300 = 13 spaces Yummy Sushi: 1,920 square feeU100 = 19 spaces Zarka Cigar Lounge: Office/retail - 1,423 square feeU300 = 5 spaces Lounge - 1,188 square feet = 36 spaces Based upon these calculations, 88 parking spaces are required and 88 parking spaces exist on the site. This project meets the minimum parking requirements as outlined in the Development Code. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on March 22, 2008 and mailed to the property owners within the required 600-foot radius. G:\Planning\2007\PA07-0087 Zarka Cigar LoungelPlanning\STAFF REPORY.doc ( 5 ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review per CEQA Section 15301, Class 1, Existing Facilities. It has been determined that this project qualifies for the Existing Facilities exemption under CEQA Section 15301, Class 1. Zarka Cigar Lounge is located in a currently existing shopping center. The only change to the existing use is that the approval of this Conditional Use Permit will authorize the sale of beer and wine within the existing lounge portion of the business. FINDINGS Conditional Use Permit -Development Code Section 17.04.010 (E) The proposed conditional use is consistent with the General Plan and the Development Code As conditioned, the project is consistent with the General Plan Land Use designation of Highway Tourist Commercial and meets all of the goals and policies contained in fhe General Plan. The General Plan anticipated land uses that serve the commercial needs of tourist to be located in the Highway Tourist Commercial Land Use Designation. Additionally, the project meets all applicable requirements contained in the Development Code, including the 500-foot separation requirement for sensitive uses when a business sells alcoholic beverages. Operational restrictions have been made part of the Conditions of Approval in order to ensure continued consistency with the General Plan and Development Code. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. As conditioned, 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. Operational restrictions have been made part of the Conditions of Approval for this project to ensure compatibility with the surrounding development. The adjacent uses, buildings and structures are all commercial and retail-type uses and no residences are located in the immediate vicinity of this conditional use. The authorization of a conditional use permit to allow for the sale of beer and wine in the private members only cigar lounge is not anticipated to adversely affect the neighboring tenants as all of the uses in the shopping center are compatible with the proposed conditional use. Additionally, an existing restaurant (Yummy Sushi) located in the shopping center currently holds aType-41 ABC license which allows for the consumption of beer and wine on the premises. This existing use is compatible with the private cigar lounge and the proposed service of beer and wine to its members. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. The site for the proposed conditional use is currently existing and is adequate in size and shape to accommodate .the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in the Development Code to integrate G:1Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\STAFF REPORT.doc 6 the use with other uses in the neighborhood. The shopping center in which the conditional use is located currently exists, and no construction or on-site modifications are proposed as a part of this project. However, an analysis of the existing parking spaces was done and concluded that there is an adequate number of parking spaces to accommodate the conditional use, as well as the existing uses on the site. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed conditional use is for the service of beer and wine within a private members only cigar lounge and as conditioned is not anticipated have an adverse affect on the health, safety and welfare of the community since the cigar lounge is not open to the general public and will cater to members only. Finding of Public Convenience or Necessity -Development Code Section 17.10.020 (5) When requested by the State of California to make a Finding of Public Convenience or Necessity, the approval authority shall consider only the following criteria in making a finding of public convenience or necessity: Whether or not the proposed use is consistent with the General Plan and Development Code. The proposed conditional use, which would authorize aType-42 ABC license for Zarka's Cigar Lounge to allow for the consumption of beer and wine on the premises is consistent with the General Plan and Development Code. As conditioned, the project is consistent with the General Plan Land Use designation of Highway Tourist Commercial and meets all of the goals and policies contained in the General Plan. The General Plan anticipated land uses that serve the commercial needs of tourist to be located in the Highway Tourist Commercial Land Use Designation. The project meets all requirements contained in the Development Code, including the 500-foot separation requirement for sensitive uses when a business sells alcoholic beverages. Operational restrictions have been made part of the Conditions of Approval in order to ensure continued consistency with the General Plan and Development Code. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. As conditioned, the proposed conditional use is compatible with the nature, condition and character of adjacent uses and the proposed conditional use is not anticipated to adversely affect the adjacent uses, buildings or structures. Operational restrictions have been made part of the Conditions of Approval for this project to ensure compatibility with the surrounding development. The adjacent land uses are all commercial and retail-type uses and no residences are located in the immediate vicinity of this conditional use. The authorization of a Conditional Use Permit to allow for the sale of beer and wine in the private members only cigar lounge is not anticipated to adversely affect the neighboring tenants as all of the uses in the shopping center are compatible with the proposed conditional use. Additionally, an existing restaurant (Yummy Sushi) located in the shopping center currently holds aType-41 ABC license which allows for the consumption of beer and wine on the premises. This existing use is compatible with the private cigar lounge and the proposed service of beer and wine to its members. G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\STAFF REPORT.doc 7 Whether or not the proposed use would have an adverse effect on adjacent land uses As conditioned, the proposed use is not anticipated to have an adverse effect on adjacent land uses. The adjacent tenants are commercial and retail-type uses, which are not anticipated to be negatively impacted by the service of beer and wine inside the private members only cigar lounge. Additionally, there is an existing restaurant within the shopping center (Yummy Sushi) which currently holds aType-41 ABC license which authorizes the consumption of beer and wine on the premises. The other uses include the Mortgage House Inc, Penny Saver, Allure Salon and a vacant restaurant space. The restaurant which previously occupied the now vacant restaurant space in the shopping center held aType-41 ABC license. Presumably, when a new restaurant occupies this space it is likely that they will serve beer and wine, as this is a permitted use in the Highway Tourist Commercial zone. All of the existing uses in the shopping center are compatible with the proposed conditional use and are not anticipated to be negatively impacted. There are no residences in the immediate vicinity of the proposed project. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. Three on-sale licenses are allowed in census tract (No. 432.15) before the census tract is considered over-concentrated by ABC's standards. Fifty-two on-sale licenses currently exist in fhe census tract. However, it is important to note that the over-concentration of ABC licenses is based upon the residential population in the census tract area. The number of residents in census tract 0432.15 is relatively small in comparison to the number of residents in other census tracts within the City, which reflects a smaller number of allowable licenses in the census tract. Most of the existing licenses in the census tract have been issued to restaurants (bona-fide eating establishments), which are not subject to the Finding of Public Convenience or Necessity. Three other Type-42 licenses have been issued to wine tasting facilities in the Old Town area, and upon the approval of the Minor Conditional Use permit for Zarka Cigar Lounge four Type-42 licenses will exists in the census tract. ATTACHMENTS Vicinity Map 500-Foot Sensitive Buffer Map Plan Reductions PC Resolution Exhibit A -Draft Conditions of Approval Statement of Operations Rules and Regulations Membership Application Pending Type-42 ABC License Information Census Tract Information Notice of Public Hearing G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\STAFF REPORT.doc 8 VICINITY MAP G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\STAFF REPORT.doc 9 wk~ \ ~ a~° ~ '~ ~`~ I \ \ ~~ ~~ ~ ~, ; ~~~ ~ ~ ~~ \\ \\ \ ~ ProjectSite i \. `~ ~ ~ i ~~~ ~ ~ ~ ~~ i~ i `~~ o ~ ,~ ~0 5~0 ~~ F 500-FOOT SENSITIVE BUFFER MAP G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\STAFF REPORT.doc 10 ~,/ Sensitive Use 500' Buffer ~ 1 \~ ,~ n ~ ~ Grie e ~ ~ Chriz4an ~hurN FNI M1jp ProjectSite ~~ . ~\ em V he I~MEC Q A Legend Highway \ Q 500 Ft. 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Z 2 2 Z F S Z S E E S ~ p QQ W W ~ ~ e ~ o o rc 0 0 0 0 u u o 0 f J z ~ J z ~ U U z i z ~ U U U U V ~ ~ V p V p p m 0 0 0 p I~ U I7 'U (7 (7 (7 V' U Z Z Z Z _ 2 2 Z _ J ti N N Z w w W _ _ _ _ _ Q U J a e ~ X 3 3 3 3 3 3 3 3 O ¢ w w w w a o o i ~ w ~ ~ ~ i i i i _ W a n n u n u n ~ w ~ : m ~ y ~ FF ~ x o i x x W m S ~ w w w w _ . ... W ~ J ~ w n n r r ~ r ~ O ~ ~ y - x 0 LL U W w w _ o U w ~ N E ~ r g i o = i ~ u, ~? m w i s s z Z ~ z ~ s w w y i F v 3 u ~ ~ ~ i $ w w w O ~ O ~ ~ o 0 0 8 0 8 5 rc PC RESOLUTION G:1Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\STAFF REPORT.doc 12 PC RESOLUTION 08- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0087, A MINOR CONDITIONAL USE PERMIT FOR ZARKA CIGAR LOUNGE, LOCATED AT 28120 JEFFERSON AVENUE, TO AUTHORIZE A TYPE-42 (ON-SALE BEER AND WINE) ABC LICENSE WHICH WOULD AUTHORIZE THE SALE OF BEER AND WINE FOR CONSUMPTION ON THE PREMISES (APN 921-060-032) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 15, 2007 Mr. Zack Abou filed Planning Application No. PA07- 0087, aMinor Conditional Use Permit Application 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 April 2, 2008, 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. PA07-0087 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: 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; As conditioned, the project is consistent with the General Plan Land Use designation of Highway Tourist Commercial and meets all of the goals and policies contained in the General Plan. The General Plan anticipated land uses that serve the commercial needs of tourist to be located in the Highway Tourist Commercial Land Use Designation. Additionally, the project meets all applicable requirements contained in the Development Code, including the 500-foot separation requirement for sensitive uses when a business sells alcoholic beverages. Operational restrictions have been made conditions of approval in G:\Planning12007\PA07-0087 Zarka Cigar Lounge\Planning\PC RESOLUTION NO.doc order to ensure continued consistency with the General Plan and Development Code. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; As conditioned, 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. Operational restrictions have been made Conditions of Approval for this project to ensure compatibility with the surrounding development. The adjacent uses, buildings and structures are all commercial and retail-type uses and no residences are located in fhe immediate vicinity of this conditional use. The authorization of a Conditional Use Permit to allow for the sale of beer and wine in the private member's only cigar lounge is not anticipated to adversely affect the neighboring tenants as all of the uses in the shopping center are compatible with the proposed conditional use. Additionally, an existing restaurant (Yummy Sushi) located in the shopping center currently holds aType- 41 ABC license which allows for the consumption of beer and wine on the premises. This existing use is compatible with the private cigar lounge and the proposed service of beer and wine to its member. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood; The site for the proposed conditional use is currently existing and is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in the Development Code to integrate the use with other uses in the neighborhood. The shopping center in which the conditional use is located currently exists, and no construction or on-site modifications are proposed as a part of this project. However, an analysis of the existing parking spaces was done and concluded that there is an adequate number of parking spaces to accommodate the conditional use, as well as the existing uses on the site. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed conditional use is for the service of beer and wine within a private member's only cigar lounge and as conditioned is not anticipated have an adverse affect on the health, safety and G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\PC RESOLUTION NO.doc welfare of the community since the cigar lounge is not open to the general public and will cater to member's only. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities). According to the California Environmental Quality Act (CEQA Guidelines), the key consideration in determining whether or not a project qualifies for the "Existing Facilities" exemption is to determine if the project involves negligible or no expansion of an existing use. The shopping center (Broadmoor Place), in which this conditional use is located was approved under the County of Riverside jurisdiction and constructed according to all applicable code requirements in effect at that time. Currently, Zarka Cigar Lounge occupies an approximately 2,800 square foot suite within the shopping center for the operation of a retail tobacco shop with an ancillary smoker's lounge. The project does not involve any construction or physical site modifications. The only change to the use is the authorization of the sale and service of beer and wine within the private lounge portion of the business. Therefore, since the business is currently operating within an existing shopping center and the project involves negligible modifications to the use, which is not anticipated to have an adverse environmental impact, it has been determined that the project is exempt from further environmental review as consistent with CEQA Section 15301, Class 1 Existing Facilities. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA07-0087, a Minor Conditional Use Permit for Zarka Cigar Lounge, located at 28120 Jefferson Avenue, to authorize aType-42 (on- sale beer and wine) ABC license which would authorize the sale of beer and wine for consumption on the premises, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\PC RESOLUTION NO.doc Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2"d day of April 2008 John Telesio, 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. 08- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of April 2008, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:1Planning1200TPA07-0087 Zarka Cigar Lounge\Planning\PC RESOLUTION NO.doc EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: Le Comte G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\PlanninglDraft COA's.doc 1 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA07-0087 Project Description: A Minor Conditional Use permit for Zarka Cigar Lounge, located at 28120 Jefferson Avenue, to authorize aType-42 (on-sale beer and wine) ABC license which would authorize the sale of beer and wine for consumption on the premises. Assessor's Parcel No. 921-060-032 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Approval Date: April 2, 2008 Expiration Date: April 2, 2010 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project The applicanUdeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount ofSixty-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 forthe project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. General Requirements 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 Applicatioh: 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. The City shall promptly notify both the applicant and landowner of G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\Draft COA's.doc 3 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 applicant shall comply with their Statement of Operations dated January 10, 2007, on file with the Planning Department, unless superseded by these Conditions of Approval. 5. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 6. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in-lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved orconditionally approved hereunderforanyuiolations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 7. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 8. 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. 9. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at least 30 days prior to expiration of the Conditional Use Permit, to apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. 10. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.) training from the California Department of Alcoholic Beverage Control. 11. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 12. Regular hours of operation shall be between 10 a.m. and 10 p.m. Monday through Sunday. 13. A separate building permit shall be required for all signage. G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\Draft COA's.doc 4 14. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Department a copy of a recorded Reciprocal Use Agreement, which provides for cross-lot access and parking across all lots. 15. The development of the premises shall substantially conform to the approved site plan and floor plan contained on file with the Planning Department. 16. A membership application shall be completed, and membership fees shall be paid prior to the permittee allowing any person to enter the private cigar lounge. Non-members or non- paying members shall not be authorized to enter the lounge. 17. All potential members shall provide valid picture identification showing proof of age (21 or older). 18. All identification checks to verify age will be done by the use of an electronic fraud proof identification scanner to verify that all members are at least 21 years of age or older. 19. Members shall pay delinquent membership fees prior to admittance into the lounge. If membership fees are outstanding, the member shall pay all outstanding fees prior to the permittee allowing a member to enter the lounge. 20. The sale of one-day memberships shall not be permitted under any circumstances, at any time. 21. The permittee shall ensure that all members acknowledge, sign and comply with the written policies, rules and regulations of Zarka's Cigar Lounge, as contained on file with the City of Temecula. 22. The entrance to the member's only cigar lounge shall be monitored by an attendant who is responsible for verifying membership and verifying identification and age. 23. The attendant shall admit members into the lounge only after their identification as a member has been identified. 24. All members shall be at least 21 year of age, and no minors shall be admitted into the lounge for any reason. 25. The permittee/business shall not employ more than five employees. 26. The permittee shall comply with all applicable state laws, including the California Labor Code. 27. The permittee and the establishment shall be in compliance with all Riverside County Health Department requirements. 28. The permittee shall obtain, and keep up-to-date and current all appropriate tobacco licenses required by the State of California and the City of Temecula. 29. Air shall be exhausted directly to the outside by an exhaust fan. This shall be verified by at plan check by the Building and Safety.Department. G:1Planning12007\PA07-0087 Zarka Cigar LoungelPlanning\Draft COA's.doc 5 30. The permittee shall require that all employees sign an employee consent form which indicates that the employee consents to the smoking and exposure to smoke. These consent forms shall be retained on file by the permittee/employer. 31. All employees shall be at least 21 years of age. 32. The employer/permittee shall comply with all state and ventilation standards, subject to the approval of the Building and Safety Department. 33. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Prior to Issuance of Building Permit 34. The following shall be added as a note to the tenant improvement plans/building plans, and verified by the Building and Safety Department prior to the approval of tenant improvement plans: "Air shall be exhausted directly to the outside by an exhaust fan." 35. The following shall be added as a note to the tenant improvement plans/building plans and verified by the Building and Safety Department prior to the approval of tenant improvement plans: "Air ventilation system shall comply with applicable State and federal ventilation standards." 36. The applicant shall provide a written statement indicating how their air ventilation/exhaust system complies with all State and federal standards, and shall be reviewed by the Building and Safety Department prior to the approval of tenant improvement plans. Prior to Release of Power, Building Occupancy or Any Use Allowed byThis Permit 37. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DEPARTMENT General Requirements 38. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 39. Submit at time of plan review, a complete exterior site lighting plan 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. 40. Obtain all building plans and permit approvals prior to commencement of any construction work. The issue for a door swing noted during the entitlement process will be resolved at the site as any tenant improvements are being made (per a phone conversation with the applicant's representative on Tuesday, February 26, 2008). G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\Draft COA's.doc 6 41. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). 42. Provide disabled access from the public way to the main entrance of the building. 43. Provide van accessible parking located as close as possible to the main entry. 44. Show path of accessibility from parking to furthest point of improvement. 45. Commercial and Industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 46. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94- 21,specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays Prior to Issuance of Building Permit 47. At plan review submittal show restroom fixtures, number and type, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. 48. At plan review submittal provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 49. At plan review submittal provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 50. Prior to permit issuance provide appropriate stamp of a registered professional with original signature on plans. POLICE DEPARTMENT General Requirements 51. Applicant has applied for a Type 42 License (On-Sale Beer & Wine -Bar, Tavern). A Type 42 License authorizes the sale of beer and wine for consumption on or off the premises where sold. Food service is not required. 52. Applicant will comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series), Consumption of Alcoholic Beverages in Public Prohibited. 53. Identification will be verified utilizing one of the following: a. A valid California Driver's License b. A valid California Identification Card c. A valid Military Identification Card (Active/Reserve/Retired/Dependent) G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\Draft CDA's.doc 7 d. A valid Driver's License from any of the Fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government issued identification card issued by a Federal, State, County or City agency 54. As noted above, only a valid government issued identification card issued by a Federal, State, County or City agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code). a. Name of person b. Date of birth c. Physical description d. Photograph e. Currently valid (not expired) 55. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees working at Zarka Cigar Lounge. Contact the Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. 56. Any public telephones located on the exterior of the building 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 building. 57. Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (Section 25632 B&P). 58. Police officers, sheriffs' deputies, and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections. 25616, 25753, and 25755 B&P 148 and 241(b) PC). 59. Operating Standards, Retail -The following requirements apply: a. Post "No Loitering" signs upon written notice from the ABC b. Post "No Open Container" signs upon written notice from the ABC G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\Draft COA's.doc 8 c. No alcohol consumption inside a store or outside a bar or tavern d. Illuminate the exterior of the premises, including adjacent public sidewalks and parking lots under the licensee's control, during all hours of darkness when open for business e. Remove litter daily from the premises, adjacent sidewalks and parking lots under licensee's control and sweep/clean these areas weekly f. Remove graffiti from premises and parking lot g. Have no more than 33% of windows covered with advertising or signs h. Have incoming calls blocked at pay phones upon request of local law enforcement or ABC i. Have a copy of the operating standards available during normal business hours for viewing by the general public (Section 25612.5 (c) B&P) 60. Applicant must comply in accordance with the Type 42 (On Sale Beer & Wine -Bar, Tavern). There shall be no distilled spirits for consumption, for any other reason, allowed on the premises. G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\Draft COA's.doc 9 STATEMENT OF OPERATIONS G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\STAFF REPORT.doc 13 Zarka's Cigar Lounge Statement of Operation January 10, 2007 Zarka's Cigar Lounge will operate amembers-only lounge for cigar and pipe smokers that join the lounge as members. The Lounge has no other purpose but to provide its members a place to enjoy a cigar and a glass of wine. The Lounge will provide its members with a selection of wines including most Temecula wines and a selection of beer. The Cigar,Lounge will have four large plasma screens and one wall sized projection screen where selected sporting events are displayed for the enjoyment of its members. Members will join the Cigar Lounge for an annual membership fee of approximately $600. Membership includes access to the lounge during normal operating houes between 10:00 AM and 10:00 PM. Each member will provide a valid picture I.D. and background application. The lounge has an electronic fraud proof I.D. scanner to verify that each picture I.D. is valid and that all members are over the age of 2I. No persons under the age of 21 are allowed in the lounge and will not be admitted past the security door entrance to the Cigar Lounge portion of the operation. Cigars are sold in Zarka's Cigar Store where I.D. checks are performed so that no sales of tobacco products are made to minors. Customers of the cigar store enter the store where there is no access to tobacco products or alcoholic beverages of any type. The store will carry cigar and pipe accessories such as humidors, cigar travel cases, and high quality lighters and tobacco pipes of various sizes. Access to the Cigar Humidor is controlled and is not available to minors. Once the customers have entered and selected cigars for purchase, they exit the humidor and make the purchase at a point of sale counter located at the very front of the store. When customers enter the score, they must provide proof of age and then may enter the cigar humidor and purchase cigars or, if they are members, enter the Cigar Lounge. The entrance to the Cigar Lounge has an electronic lock that is controlled from the point of sale location at the front of the store. Members are admitted into the lounge only after they have provided identification. Since non-members are not permitted into the lounge, and since all members must be at least 2I years of age, no sale of alcoholic beverages will be made to any persons under the age of 21. Further, no consumption of alcoholic beverages will be in the presence of any persons under the age of 21. The minimum age of membership is 21 and is strictly enforced. Once in the Cigar Lounge members are admitted into the lounge, they have access to private humidors where they can store their own cigars. Each membership may elect to purchase the additional service of a member humidor. Each member humidor is separate and includes a key and a door plaque. The locker sized humidors are all maintained at 70° F. and 70`Y relative humidity for proper cigar storage. Large-scale commercial humidifiers are located inside the main humidor and in the lounge humidor lockers. The entire operation including the store, the Cigar Humidor and the Cigar Lounge including the bar is monitored by closed circuit security surveillance video equipment which records all camera views and maintains a digital recording of all operations for up to one month. All video is available for monitoring compliance to all regulations. The Cigar Lounge ventilation system is designed to handle large amounts of smoke with air handlers and smoke filtration units located in the ceiling of the lounge. Each unit has separate controls and can be activated by the management at anytime there is need. The Smoke filtration units reduce and eliminate the smoke in the lounge to reduce second-hand smoke inhalation by customers or employees. Zarkas's Cigar Lounge • 28120 Jefferson Ave., Ste 8-202 • Temecula CA 92590 • 951.587.9854 Page 1 Zarka's Cigar Lounge Statement of Operation January 10, 2007 The Cigar Lounge bat- is not the primary purpose of the lounge. The enjoyment of cigars and pipe tobacco is the primary purpose of the Cigar Lounge. However, when approved, the Cigar Lounge will offer to its members the sale of fine wines and selected beers including designer beers from local wineries and brewers. The Cigar Lounge will serve as an additional showcase of Temecula Palley wines for the enjoyment of its members. Temecula is a unique wine growing area in Southern California and has over a dozen wineries that will be featured in the Cigar Lounge for iu members. The Cigar Lounge bar will be located along the west wall of the Cigar Lounge and have a small number of display cases for wines, wine glasses, and glasses for sodas and beer. The Cigar Lounge will also have a designated driver program in place to ensure that members have an alternative option available to them for safe transportation. The lounge will have various tables, chairs and sofa style seating. Large overstuffed leather lounge chairs, sofaz and tables are located in the lounge in various arrangements for the comfort of its members including a dozen or so plush bar stools. The lounge also has two separate restrooms located along the east side of the lounge one for men and one for women. Each restroom is equipped with a toilet, lavatory, automatic towel dispensers, automatic trash receptacles and plasma screen TV's. The Cigar Lounge is not just another bar. The lounge is designed to serve as a very plush, quiet, high quality environment for the enjoyment of high-end cigars and fine wines. The average price of a cigar ranges from $8 to $ 15 each, with many cigars priced over $20 each. The total cost of membership serves az a barrier to any member joining the Cigar Lounge az a means of frequenting the bar. ~,t~S The Cigar Lounge employs no more than five employees. The staff includes one managerlowner, ~e \o'"i 'J,\' two sales clerks and two lounge attendant server. Sales clerks are responsible for the sale of ~~ cigars, and cigar accessories in the cigar store and restricting access to the Lounge and the store `r to non-members. The Lounge Attendant Servers are responsible for serving beverages to members inside the Cigar Lounge and maintaining a clean and orderly atmosphere for members. The parking spaces available for the Cigar Lounge (approximately 50) meets or exceeds the number required by the City of Temecula per Section 17.24.040 and constitutes a reciprocal parking Toad with Nick's Burgers restaurant which has not historically had evening operations. Zarka's Cigar Lounge has already begun to sell memberships to iu customers and includes local law enforcement, business professionals, and civic leaders in our community. The Cigar Lounge Mission: The Cigar Lounge will provide a positive service in the community by providing a neat, clean, secure, orderly and entertaining environment for adults to enjoy cigars and a glazs of wine or beer without imposing second hand smoke on the public. Zarkas Cigar Lounge 28120 Jefferson Avenue Suite 8-202 Temecula, California 92590 wvnv.zarkascigarl o u nge.com Zarkas's Cigar Lounge • 28120 Jefferson Ave., Ste B-202 • Temecula CA 92590 • 951.587.9854 Page 2 RULES AND REGULATIONS G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\STAFF REPORT.doc 15 / ~ /_. } F f Zarka Cigar Lounge 28120 Jefferson Ave. Suite 6202 Temecula CA 92590 Phone (951) 587-9854 Fax (951) 587-2555 www.zarkacigarlounge.com Zarka Cigar Lounge Rules and Regulations I. The Zarka Cigar Lounge (ZCL) is for members only (Monthly and Annual) 2 All members are expected to conduct themselves and treat others with respect and dignity. 3. The lounge amenities are to be treated with the utmost care and members are responsible for restoring any lounge equipment to is original place. 4. Members are to behave in a manner consistent with a business environment no yelling, cursing, derogatory comments, arguments, or other offensive behavior will be permitted. 5. The lounge amenities are the sole property of ZCL and shoplifters will be prosecuted to the fullest extent of the law. 6. Alcohol consumption must be in moderation and drunkenness shall not be permitted: ZCL reserves the right to refuse service to anyone it deems to be a threat to the lounge's well being. 7. Use of the lounge is at your own risk and ZCL is not responsible for any injury that may result from the use of the facility. 8. Members are not permitted to change channels on any T.V. or increaze or decreaze the volume of any program or music 9. All members agree to comply with the ZCL Designated Driver Program. 10. ZCL reserves the right to cancel any membership at any time if any of the rules of conduct stated above are violated. I have read and agree to adhere to the Zarka Cigar Lounge Rules and Regulations. Name Signature Date MEMBERSHIP APPLICATION G:\Planning\20071PA07-0087 Zarka Cigar Lounge\Planning\STAFF REPORT.doc 16 t `~ t Zarka Cigar Lounge Membership Application City State Zip: Home Phone: Work Phone: Photo ID Number. State: Exp: Credit Card Type: Debit Visa MasterCard -Amex Credit Card Number. Expiration Date: Security Code: I. Authorize Zarica Cigar Lounge to charge the credit/debit card identified above amonthly/annual membership fee of $ for access and use of the Zarka Cigar Lounge located at 28120 Jefferson Avenue, Suite 6202 in the city of Temecula, California. I understand chat my membership will be automatically renewed at the date stated above until a written notice of cancellation is submitted to Zarka Cigar Lounge. I acknowledge receipt of the Zarka Cigar Lounge Rules and Regulations. Name Signature Date Zarka Cigar Lounge 28120 Jefferson Ave. Suite 6202 Temecula CA 92590 Phone (951) 567-9854 Fax (951) 587-2555 www.zarkacigarlou nge.com Zarka Cigar Lounge 28120 Jefferson Ave. Suite 8202 Temecula CA 92590 Phone (951) 567-9854 Fax (951) 587-2555 www.zarkacigarlou nge.com Zarka Cigar Lounge Locker Rental Agreement I. Locker is to be used for cigar storage only. 2 Zarka Cigar Lounge (ZCL) will make every effort to provide adequate humidity (65% to 70%) and temperature (68' to 72° F.) to the lockers but is not responsible for the well being of any cigar before or after storage in the lockers. 3. 1 undersand and consent to a monthly quality convol check of my locker without my permission. ZCL will conduct these random checks for safety and security ac ZCL sole discretion and without prior notice. 4. I am responsible for properly storing and locking my locker at all times and ZCL is not responsible for any theft resulting from my neglect of securing my locker. 5. I agree not to transfer my assigned loc~°er to anyone else. 6. I will not store any cigars purchased ouuide of ZCL in my locker. There is no exception to this rule. 7. I have read the ZCL Rules and Regulations and agree to adhere to them. 8. ZCL Reserves the right to terminate this ticker lease at any time if any of the above terms are violated. Address: City State Zip: Home Phone: Work Phone: Photo ID Number. State: Exp: Credit Card Type: Debit Visa MasterCard Amex Credit Card Number. Expiration Date: Security Code: I, Authorize Zarica Cigar Lounge to charge the credit/debit card identified above amonthly/annual membership fee of $ for access and use of the Zarka Cigar Lounge located at 28120 Jefferson Avenue, Suite 8202 in the city of Temecula, California I understand that my membership will~be automatically renewed at the date stated above until a written notice of cancellation is submitted to Zarka Cigar Lounge. I acknowledge receipt of the Zarka Cigar Lounge Rules and Regulations. Name Signature bate PENDING TYPE-42 ABC LICENSE INFORMATION G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\STAFF REPORT.doc 17 California ABC -License Query System -Data Summary 'w~, i~ ~, J `~~ California Department of Alcoholic • ~;..~;,Y ~ Beverage Control . ~ x~x License Query System Summary as of 3/4/2008 License Information icense Number: 451914 Status: PENDING Primar Owner: SMOKERS LAND INC BC Office of A lication: RIVERSIDE Business Name oin Business As: ZARKA CIGAR LOUNGE Business Address ddress: 28120 JEFFERSON AVE STE B202 Census Tract: 0432.15 Ci : TEMECULA Coun :RIVERSIDE fate: CA Zi Code: 92590-6607 Liceusee Infm•mation Licensee: SMOKERS LAND INC Com an O tcer In ormation Officer: ABOU ZAHER YOUSIF, PRESIDENT/TREASURER License "Cy es 1 License T e: 42 - ON-SALE BEER AND WINE -PUBLIC PREMISES License T e Status: PENDING Status Date: 23-MAR-2007 Term: Month s Ori final Issue Date: Ex iration Date: Master: Y Du licate: 0 Fee Code: NA Current Disci linarv Action .. No Active Disci lina Action ound .. . Disci tinarv Historv .. No Disci lina Histo ound .. . old information old Date: T e: FORM 220 scrow .. No Escrow ound .. . ---End of Report--- For a definition of codes, view our glossary. Page 1 of 1 CENSUS TRACT INFORMATION N0.432.15 G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\STAFF REPORT.doc 18 California ABC -License Query System -Data Portal _ Page 1 of 9 ~~ ~~ California Department of Alcoholic Beverage Control For the County of RIVERSIDE - (On-Sale Licenses and Census Tract = 0432.15 52 Report as of 8/23/2007 • L ~istW,o1 ~ .~~~ License tatu Licens Ori Iss. D Ex it Primary Owner and Premises Business Mailin Geo umbe Type ate Date Name Address ode Addr. 1) 9504 CT 41 1/2/1981 /30/2008 HASSON GLORIA WING INN PO BOX 556 322 8676 OLD TOWN AFE EMECULA, FRONT ST A 92593 EMECULA,CA 2590 ensus Tract: 432.15 173345 CT 47 /3/1985 /31/2008 EXICO PO BOX 905 322 HIQUITO INC EMECULA, 1841 MORENO A 92593 RD EMECULA,CA 2590 ensus Tract: 432.15 197340 CT 47 10/19/198 10/31/200 MANDERSCHEID APTAINS PO BOX 935 322 ONALD L ABIN EMECULA, 8551 RANCHO CA 92593 ALIFORNIA RD EMECULA,CA 2590 ensus Tract: 32.15 12820 CT 47 !1/1988 10/31/200 EXAS LILS ERAS LILS O BOX 1697 322 CORPORATION MESQUITE EMECULA, 8495 OLD TOWN GRILL . CA 92590 FRONT ST EMECULA, CA 2590 ensus Tract: 432.15 46402 CT 41 /11/1990 29/2008 TADIUM PIZZA TADIUM 3322 INC PIZZA 7314 EFFERSON AVE EMECULA,CA 2590 ensus Tract: 432.15 _, 48000 CT 41 10/1/1990 10/31/200 SIAO SHU LITTLE CHUNG ~~ 322 California ABC -License Query System -Data Portal Page 2 of 9 i `~ ~ ~ HUNG KING CHINESE 7371 RESTAURANT EFFERSON AVE EMECULA,CA 2590 ensus Tract: 432.15 _48862 CT 41 /2611990 29/2008 REYNOSO EL RANCHO 300 LFONSO NUEVO 7465 EFFERSON AVE EMECULA,CA 2590 ensus Tract: 432.15 60938. CT 41 /15/1991 /31/2007 HESING ROSAS 30291 VIA 322 ICHAEL ALAN ANTINA BRISA 8636 OLD TOWN EMECUTA, FRONT ST A 92592 EMECUTA,CA 2590 ensus Tract: 432.15 63628 CT 47 /19/1995 12131/200 ARAGON HUNGRY 10200 322 TEAKHOUSE HUNTER 722 ILLOW RESTAURANTS CREEK RD INC AN DIEGO, 7600 A 92131 EFFERSON AVE EMECULA,CA 2590 ensus Tract: 32.15 10 63628 CT 58 /30/1996 12/31/200 PARAGON HUNGRY 10200 322 TEAKHOUSE HUNTER 722 ILLOW ESTAURANTS REEK RD INC AN DIEGO, 7600 A 92131 EFFERSON AVE EMECULA,CA 2590 ensus Tract: 432.15. 11 76800 CT 41 10/1/1992 10/31/200 DEPHILIPPIS FILIPPIS PIZZA 322 ICHAEL D ROTTO 7309 EFFERSON AVE EMECULA,CA 2590 ensus Tract: 32.15 12 01689 CT 41 12/22/199 11/30/200 UT MEE U B KOK 322 HUREE HEF ~ htta://www.abc.ca.eov/datoort/AHCountvRen.aso 08%23/2007 California ABC -License Query System -Data Portal Page 3 of 9 i ` ' 7451 EFFERSON AVE EMECULA,CA 2590 ensus Tract: 32.15 13 305223 CT 48 /7/1995 /30/2007 IPHES E TS SPORTS 322 HEODORE A LOUNGE 7423 EFFERSON AVE EMECULA,CA 92590 ensus Tract: 432.15 14 08530 CT 47 /27/1997 /30/2008 EMECULA EMECULA 322 TAMPEDE TAMPEDE 8721 OLD TOWN FRONT ST EMECULA,CA 2590 ensus Tract: 432.15 15 _ 17474 CT 41 /10/1996 3/31/2008 DAFFERN FRED MAD 3322 L MADELINES 8495 OLD TOWN RILL FRONT ST EMECULAQCA 2590 ensus Tract: 432:15 16 35738 CT 47 12/9/1997 11/30/200 OLANO MIRIAM GUADALAJA 322 M EXICAN 7780 RILL EFFERSON AVE EMECULA,CA 2590 ensus Tract: 432.15 17 341825 CT 41 /24/1998 /3112008 CB INC EMECULA 322 9105 OLD TOWN FOOD COURT FRONT ST EMECULA,CA 2590 ensus Tract: 432.15 18 345317. CT 47 /17/2003 2912008 NGUYEN THUAN ANZAI 322 HI APANESE 7533. UISINE EFFERSON AVE EMECULA,CA 2590 ensus Tract: t;autom~a At3C -License Query System -Data Portal Page 4 of 9 ~~ ~_ ) U ~ U u u u ~0432.15 ~ ~ ~ ~ ~ ~ 19 348581 CT 40 12/15/199 8 11/30/200 ILLIAMSON CLUB 8023 VIA 322 ILDA FAMILY ELA ECENDARIO ILLIARDS URRIETA, 7911 A 92563 EFFERSON AVE EMECULA,CA 2590 ensus Tract: 432.15 0 65877 CT 41 /31/2000 /30/2008 H H L-PSHIP ROSAS CAFE PO BOX 1089 322 8134 TORTILLA ORONA, CA EFFERSON AVE FACTORY 2878 EMECULA,CA 2590 ensus Tract: 432.15 1 70471 CT 47 10/1/2001 /30/2007 ROSSCREEK ROSSCREEK 4399 300 LC OLF CLUB HIGHWAY 111 3860 GLEN PALM EADOWS RD ESERT, CA EMECULA,CA 2260 2590 ensus Tract: 32.15 2 398731 CT 41 /2/2003 /31/2008 NGUYEN DAVE AIGON 32P AN NOODLE 7523 & 27525 OUSE EFFERSON AVE MECULA,CA 2590 nsus Tract: 432.15 3 01819 CT 41 /21/2003 /31/2008 MW IZZLER 3172 322 NAGEMENT RESTAURANT BUSINESS INC 9 ARK DR 101 7717 EMECULA, EFFERSON AVE A 92590 EMECULA,CA 2590 ensus Tract: 432.15 4 03712 CT 52 /8/2004 /31/2008 1=W POST 4089 FW POST 322 8075 DIAZ RD 089 EMECULA,CA 2590 C ensus Tract: 432.15 5 04834 CT 47 1 0/13/200 /30/2007 LD TOWN AILYS FRONT 322 D INING LLC TREET BAR & 8699 OLD TOWN G RILLE F RONT ST http://www.abaca.gov/datportJAHCountyRep.asp 08/23/2007 California ABC -License Query System -Data Portal Page 5 of 9 r } } .} EMECULA, CA 2590 ensus Tract: 432.15 6 _04834 CT 58 11/16/200 /30/2007 LD TOWN AILYS FRONT 322 INING LLC TREET BAR & 8699 OLD TOWN RILLE FRONT ST EMECULA, CA 2590 ensus Tract: 432.15 7 05643 CT 41 12/5/2003 11/30/200 INCES INCES 322 PAGHETTI PAGHETTI XPRESSINC EXPRESS 8145 EFFERSON AVE EMECULA, CA 2590 ensus Tract: 432.15 8 07263 CT 41 /19/2004 /30/2008 ASTE OF INDIA ASTE OF 322 EMECULA INC INDIA 7715 EFFERSON AVE EMECULA, CA 2590 ensus Tract: 432.15 9 12430 CT 42 /25/2004 /31/2008 TELLAR TELLAR 322 ELLAR LLC ELLAR 8636 OLD TOWN FRONT ST EMECUTA,CA 2590 ensus Tract: 32.15 0 16877 CT 40 . 10/21/2004 /30/2007 FERREE DENNIS HIGH SOCIETY 217 322 ELLY BILLIARD & BROOKHAVE 8950 OLD TOWN DART CLUB PASS FRONT ST ISTA, CA EMECULA, CA 2081 2590 ensus Tract: 432.15 1 _17727 CT 47 /17/2006 /30/2008 PENFOLD LADD PENFOLDS PO BOX 999 322 2072 5TH ST ATTLE CO EMECULA, EMECULA, CA A 92593 2590 ensus Tract: 432.15 http://www.abc.ca.gov/datport/AHCountyRep.asp 08/23/2007 California ABC -License Query System -Data Portal Page 6 of 9 r } ,t 2 22542 CT 48 /23/2005 29/2008 G EACON 322 ENTERTAINMEN GUNGE INC 7725 EFFERSON AVE EMECULA,CA 2590 ensus Tract: 432.15 3 24399 CT 41 /18/2005 /30/2008 LD TOWN LD TOWN 322 NTERPRISES OFFEE LC HOUSE 1915 3RD ST EMECULA,CA 2590 ensus Tract: 32.15 24644 CT 47 /10/2006 29/2008 KUHAMI GREEK OASIS 322 AVANNA RAGEB 7326 EFFERSON AVE EMECULA,CA 2590 ensus Tract: 432.15 5 29030 CT 41 /12/2005 /31/2007 DELGADO ANN RRIBA GRILL 322 1971 MAIN ST EMECULA,CA 2590 ensus Tract: 432.15 6 29338 CT 41 10/3/2005 /30!2007 HAVELAR INC BLUE MARLIN 322 7590 EFFERSON AVE EMECULA,CA 2590-2664 ensus Tract: 432.15 7 30487 CT 42 12/23/200 11/30/200 ERRY CARL INE 4772 CORTE 322 AMES ELLERS THE ANCHEZ 8480 OLD TOWN EMECULA, RONT ST CA 92592 EMECULA,CA 2590 Census Tract: 432.15 8 _34642 CT 41 /6/2006 29/2008 KIM CHONG JA NICKS SUPER 322 8120 URGER EFFERSON AVE MEXICAN EMECULA,CA FOOD 2590 California ABC -License Query System -Data Portal Page 7 of 9 F Tract: ~ I I I ~ I__I l~ l~ i~ u ~~ 432.15 u 9 34714 CT 41 1/18/2006 12/31/200 DUCOULOMBfER AMPINIS 322 ELEANOR ITALIAN DELI IZIANA 8860 OLD TOWN FRONT ST EMECULA,CA 2590 ensus Tract: 432.15 0 35159 CT 47 130/2006 /31/2008 GUYEN TIMMY ONY ROMAS 13442 BALOS 322 RIEU DR 7464 GARDEN EFFERSON AVE GROVE, CA EMECULA, CA 2844-1704 2590-2601 Census Tract: 432:15 1 _ 3.8005 CT 47 /7/2006 /31/2008 EMECULA HOOTERS 186 VISTA 322 INGS LLC AY 7345 CEANSIDE, EFFERSON AVE CA 92056-3631 EMECUTA,CA 2590 ensus Tract: 432.15 2 38025 CT 47 /7/2006 /30/2008 DELAO ELVIA LA CASITA 11 E PALM 322 MARIA NUEVA ANYON DR 7645 EXICAN PALM EFFERSON AVE GRILL PRINGS, CA EMECULA,CA 2262 2590 ensus Tract: 432.15 3 40501 CT 47 /27/2006 /30/2008 GUILAR ANA 9066 323 ^EATRIZ PROVIDENCE 6770 RD EFFERSON AVE EMECULA, MURRIETA, CA A 92591 2562 ensus Tract: 32.15 _,44072 CT 41 12/27/2006 1.1/30/200 HAO CHANGHU USHI HOUSE 322 7725 EFFERSON AVE EMECULA,CA 2590 ensus Tract: 432.15 45 _44108 CT 41 10/11/200 /30/2007 H A H T 322 ~ ORTS GRILL PORTS GRILL URR ETA, http://www.abc.ca.gov/datport/AHCountyRep.asp 08/23/2007 California ABC -License Query System -Data Portal Page 8 of 9 1 INC CA 92563-5346 7713 EFFERSON AVE EMECULA,CA 2590 ensus Tract: 432.15 6 45473 CT 41 11/8/2006 10/31/200 HUN HAK CHIN UMMY SUSHI 8132 322 8120 CYPRESS EFFERSON AVE POINT DR EMECULA, CA MURRIETA, 2590-6607 A 92563-5822 ensus Tract: 432:15 7 46272 CT 41 10/31/2006 /30/2008 ENFOLDS CAFE PENFOLDS 322 INC AFE 8250 OLD TOWN FRONT ST EMECULA,CA 2590-1812 ensus Tract: 432.15 8 46677 CT 41 12R/2006 11/30/200 OTERIA EUROPEAN 322 ENTERPRISES AFE 8410 OLD TOWN RONT ST EMECULA,CA 2590-1818 ensus Tract: 432.15 9 47805 CT 41 /25/2007 /31/2008 DIAZ HECTOR RANCHO 0755 322 MANUEL GRANDE CANTERFIELD 7911 EXICAN DR EFFERSON AVE FOOD EMECULA, EMECULA, CA A 92592-5878 2590 ensus Tract: 432.15 0 _ 49149 CT 41 /2/2007 /30/2008 HAVEZ RAFAEL OUNTRY 37 S 322 9000 OLD TOWN ARDEN BAR MAGNOLIA FRONT ST GRILL VE EMECULA,CA EST 2590-2811 OVINA, CA 1791-3339 ensus Tract: 32.15 1 _5.0285 CT 41 127/2007 29/2008 PUMA CHRISTY BANK OF 322 NNE MEXICAN 8645 OLD TOWN OOD THE RONT ST EMECULA,CA 2590-1819 nsus Tract: http://www.abaca.QOV/datoort/AHCountvReo.asn 08/23/2007 California ABC -License Query System -Data Portal Page 9 of 9 ,~ ,.~ ~ 1 U ~~ ~J ~J ~J ~J ~0432.15 ~ ~ ~ ~ ~ ~ 2 56319 CT 42 /24/2007 /31/2008 OOL EDWARD EMECULA 3199 322 EE INE & BEER AMINO 8464 OLD TOWN ARDEN CARUNA FRONT ST EMECULA, EMECULA, CA A 92592-3811 2590 ensus Tract: 32.15 - - -End of Report - - - For a definition of codes, view our glossary. httn~//www.ahc.ca.gnv/dafnnrt/AHCnnnivRen acn NOTICE OF PUBLIC HEARING G:\Planning\2007\PA07-0087 Zarka Cigar Lounge\Planning\STAFF REPORT.doc 19 Notice of Public Hearing Case No: Applicant: Location: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Planning Application No. PA07-0087 and PA08-0027 Mr. Zack Abou 21280 Jefferson Avenue A Minor Conditional Use permit for Zarka Cigar Lounge, to authorize aType-42 (on-sale beer and wine) ABC license which would authorize the sale of beer and wine for consumption on the premises; and Planning Application No. PA08-0027 a finding of Public Convenience or Necessity (APN: 921-060-032). In accordance with the California Environmental QualityAct(CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA (Section 15301, Class 1, Existing Facilities). Katie Le Comte, Assistant Planner City of Temecula, Council Chambers 43200 Business Park Drive, Temecula, CA 92590 Apri12,2008 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 8:00 a.m. until 5:00 p.m. Questions concerning the project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400. c \\ \\ \\ `~' \ \\ 4 1\ \ \\ G P \ \ ~R ~S 1 \ O Y\\ \\ \\ ~ l \\ \\ \ Project Site z ~\ 1\ \ \ ~! i\ \\ \\\\\\\\ `\ \\ ~\ \ ' ~ \ \ \ \ l\ 1 \ \ ;\ \ ~ ` 1V ~~ g }~ 1\\ \\\ '`~\ p~ ~ ~ \t \\ n `~ ~ \\ \~ ~~~ 1 0 145 4B0 ` Fed \\~ t ~\ G:\Planning\2007\PA07-0087 Zarka Cigaz Lounge\Plaw~ing\NOPH-PC.doc ITEM #3 STAFF REPORT -PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: April 2, 2008 PREPARED BY: Eric Jones, Junior Planner PROJECT Planning Application Number PA07-0339, the first Extension of SUMMARY: Time for a Development Plan and Minor Exception fora 13,709 square foot commercial building on .51 acres generally located approximatly 1,000 feet south of Santiago Road at 28865 Old Town Front Street CEQA: Categorically Exempt Section 15332 Class 32 In-Fill Development 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. ANALYSIS Planning Application No. PA07-0339, submitted by Janet Lee, is a request for the first Extension of Time fora previously approved Development Plan and Minor Exception. Planning Application No. PA04-0584 was originally approved by the Planning Commission on January 18, 2006. The applicant would like to request an Extension of Time in order to obtain construction financing. Planning Application No. PA04-0584 is a Development Plan and Minor Exception to construct a three-story mixed use building totaling 18,495 square feet at 28865 Old Town Front Street on .51 acres zoned Service Commercial. Approximately a quarter of the parcel along the Temecula Creek is located within a flood channel and zoned Open Space. The expiration of this Development Plan and Minor Exception was January 18, 2008. Pursuant to Section 17.05.010.H of the Development Code, the applicant filed for an Extension of Time on December 19, 2007. No changes to the originally approved Development Plan or Minor Exception are being proposed as part of this Etension of Time application. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on March 22, 2008 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION The Extension of Time is for a previously approved Development Plan. 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). G:\Planning\2007\PA07-0339 Star World Center EOTPlanning\STAFF REPORT Final.doc 1 RECOMMENDATION Staff has determined that the proposed Extension of Time, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable ordinances, standards, guidelines, and policies. Therefore, staff recommends that the Planning Commission approve the Extension of Time based upon the findings and with the attached Conditions of Approval. ATTACHMENTS Vicinity Map PC Resolution Exhibit A -Draft Conditions of Approval Planning Commision Staff Report dated January 18, 2006 Notice of Public Hearing G:\Planning\2007\PA07-0339 Star World Center EOT\Planning\STAFF REPORT Final.doc 2 VICINITY MAP G:\Planning\2007\PA07-0339 Star World Center EOT\Planning\STAFF REPORT Final.doc 3 C pR> ~R~9(Tp 1 05 1 ~ o 2y4 SAP p?05 ~C~.'y a}p2 ~'P ~~4 ~ 9C/Op JP yR ZS QP 91 9t QP J ~P VP ~ =O ~ y Nr~ cp Rp u ,L' O N v O l0 O 1 ~~~ A °Z .-~ N, \ \ ~ '.. 0 125 250 500 ]50 1A~ Fe PC RESOLUTION G:\Planning\2007\PA07-0339 Star Wodd Center EOT\Planning\STAFF REPORT Final.doc 4 PC RESOLUTION NO. 08- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0339, THE FIRST EXTENSION OF TIME FOR A DEVELOPMENT PLAN AND MINOR EXCEPTION FOR A 13,709 SQUARE FOOT COMMERCIAL BUILDING ON .51 ACRES GENERALLY LOCATED APPROXIMATELY 1,000 FEET SOUTH OF SANTIAGO ROAD AT 28865 OLD TOWN FRONT STREET (APN: 922-100-023) Section 1. Procedural Findinos. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 18, 2006, Planning Commission approved Planning Application No. PA04-0584 (Development Plan and Minor Exception). B. On December 19, 2007 Janet Lee filed Planning Application No. PA07- 0339, (Extension of Time) in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on April 2, 2008, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA07-0339 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Development Plan - (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 proposed Extension of Time is consistent with the General Plan land use policies for Service Commercial (SC) development in the City of Temecula General Plan. The General Plan has listed the proposed uses, including retail and office, as typical uses in the Service Commercial designation. The proposed project is consistent with the use regulations outlined in the Development Code for the Service Commercial zoning district. The Land Use Element of the General Plan requires that proposed buildings be compatible with existing buildings. The proposed commercial uses are compatible with the surrounding commercial buildings currently located adjacent to the proposed site. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Minor Exception (Code Section 17.03.060.D.2) C. That there are practical difficulties or unnecessary hardships created by strict application of the code due to physical characteristics of the property; There are practical difficulties and unnecessary hardships created by strict application of the code due to physical circumstances and characteristics of the property that are not shared by other properties in the zone due to a flood control easement across the rear of the property that limits the developable depth of the property to approximately 150 feet. D. 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 person located in the vicinity; The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties also affected by the flood control channel as other development projects may request a Minor Exception for a reduction in parking requirements. It is not anticipated that the requested reduction in parking would be detrimental to the public welfare or to the property of other persons located in the vicinity. E. The Minor Exception places suitable conditions on the property to protect surrounding properties; The project has been conditioned in accordance with requirements of the Development Code, building codes and fire codes. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Extension of Time: A. 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). Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA07-0339, the first Extension of Time to a Development Plan and Minor Exception to construct a 13,709 square foot commercial building on .51 acres located on the west side of Old Town Front Street approximately 1,000 feet south of Santiago Road at 28865 Old Town Front Street, subject to the Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2nd day of April 2008 John Telesio, 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. 08- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2"d day of April 2008, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Debbie Ubnoske, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: G:1Planning\2007\PA07-0339 Star Wodd Center EOT\Planning\EXHIBIT A Final.docG:\Planning12007\PA07-0339 Star Wodd Center EOT\Planning\EXHIBIT A Final.doc EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA07-0339 Project Description: The first Extension of Time for a Development Plan and Minor Exception fora 13,709 square foot commercial building on .51 acres generally located approximately 1,000 feet south of Santiago Road at 28865 Old Town Front Street Assessor's Parcel No.: 922-100-023 MSHCP Category: Commercial DIF Category: Commercial TUMF Category: Retail Approval Date: April 2, 2008 Expiration Date: January 18, 2009 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount ofSixty-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)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions G:\Planning\2007\PA07-0339 Star World Center EOllPlanning\EXHIBIT A Final.docG:\Planning\200TPA07-0339 Star World Center .EOllPlanning\EXHIBIT A Final.doc approved by the voters of the City, concerning the Planning Application. The City shalt 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. The 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 project. 5. This approval shall be used within one year 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 one 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 2 one-year extensions of time, one year at a time. 7. A separate building permit shall be required for all signage. A 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. 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. 10. The applicant shall paint athree-foot by three-foot section of the building for Planning Department inspection, prior to commencing painting of the building. 11. 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. 12. 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 Conditions 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. G:\Planning\2007\PA07-0339 Star World Center EOT\Planning\EXHIBIT A Final.docG:\Planning\2007\PA07-0339 Star Wodd Center EOT\Planning\EXHIBIT A Final.doc MATERIAL Stucco Finish (walls) -Main Body Stone Veneer (walls) - Base Band Stucco Foam Fascia & Trims Wood Fascia & Decorative Wood Brackets Window Frames Window Glazing Roofing COLOR La Habra "Adobe" Eldorado Stone "Veneto Fieldledge" Frazee "Showcase 752" Frazee "8245A Ochre Rust" Anodized Aluminum (Brown/Gold) PPG "Atlantica" (green tint) Eagle Roofing Products -Mission Santa Barbara "S" Tile 13. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. 14. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Department a copy of a recorded Reciprocal Use Agreement, which provides for cross-lot access and parking across all lots. 15. A construction staging area plan for construction equipment and trash shall be approved by the Director of Planning. 16. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved the Director of Planning. Prior to Issuance of Grading Permits 17. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. 18. 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. 19. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that maybe impacted as a result of the development of the Project, as well as provisions for tribal monitors. 20. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. G:\Planning\2007\PA07-0339 Star World Center EOllPlanning\EXHIBIT A Final.docG:\Planning\2007\PA07-0339 Star Wodd Center EOT\Planning\EXHIBIT A Final.doc - 21. A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. 22. Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer. 23. The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the Project area, to the Pechanga Tribe for proper treatment and disposition. 24. All sacred sites are to be avoided and preserved. 25. A 30-day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30-day preconstruction survey shall be submitted to the Planning Department prior to scheduling the pre-grading meeting with Public Works. 26. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit 27. 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. 28. All downspouts shall be internalized 29. 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. G:\Planning\2007\PA07-0339 Star Wodd Center EOT\Planning\EXHIBIT A Final.docG:lPlanning\2007\PA07-0339 Star World Center EOT\Planning\EXHIBIT A Final.doc 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 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. 30. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. 31. Building construction plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape (choose or add to as appropriate) to match the style of the building subject to the approval of the Planning Director. 32. Building plans shall indicate that all roof hatches shall be painted "International Orange. 33. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine-inch grid pattern with 45-inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine-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. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 34. The applicant shall submit a letter of substantial conformance, subject to field verification by the Planning Director orhis/her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. If a certificate of use and occupancy is not required for the project, such letter of substantial conformance shall be submitted prior to scheduling for the final inspection. 35. 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 G:\Planning\2007\PA07-0339 Star Wodd Center EOT\Planning\EXHIBIT A Final.docG:\Planning\2007\PA07-0339 Star World Center EOT\Planning\EXHIBIT A Final.doc 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 file covered mansard roof element or other screening reviewed and approved by the Director of Planning. 36. 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. 37. 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. 38. 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." 39. 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. 40. All site improvements including but not limited to parking areas and striping shall be installed. 41. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES 42. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated April 13, 2005 and June 28, 2005, a copy of which is attached. The fee is made payable to the Riverside Gounty Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. G:\Planning\2007\PA07-0339 Slar World Center EOTPlanning\EXHIBIT A Final.docG:lPlanning\200TPA07-0339 Star Wodd Center EOllPlanning\EXHIBIT A Final.doc 43. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated December 1, 2004, a copy of which is attached. 44. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated December 13, 2004, a copy of which is attached. 45. The applicant shall comply with the recommendations set forth in the Southern California Gas Company's transmittal dated January 7, 2005, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT General Requirements 46. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 47. On March 31, 2003, The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 48. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All 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. 49. 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. 50. Obtain all building plans and permit approvals prior to commencement of any construction work. 51. Show all building setbacks 52. 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. 53. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998). 54. Provide disabled access from the public way to the main entrance of the building G:\Planning\2007\PA07-0339 Star World Center EOT\Planning\EXHIBIT A Final.docG:\Planning\2007\PA07-0339 Star Wodd Center EOT\Planning\EXHIBIT A Final.doc 55. Provide van accessible parking located as close as possible to the main entry. 56. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 57. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94- 21,specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday Saturday 6:30 a.m. - 6:30 p.m. 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays. Prior to Submitting for Plan Review 58. Obtain street addressing for all proposed buildings prior to submittal for plan review. At Plan Review Submittal 59. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Appendix Chapter 12, Section 1208A, of the 2007 edition of the California Building Code. 60. Restroom fixtures, number and type, to be in accordance with the provisions of the 2007 edition of the California Building Code Appendix 29. 61. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 62. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 63. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. Prior to Permit Issuance 64. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Prior to Beginning Construction 65. Apre-construction meeting is required with the building inspector prior to the start of the building construction. G:\Planning\2007\PA07-0339 Star World Center EOTPlanning\EXHIBIT A Final.docG:\Planning\2007\PA07-0339 Star Wodd Center EOT\Planning\EXHIBIT A Final.doc 10 COMMUNITY SERVICES DEPARTMENT General Conditions 66. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 67. 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. 68. The Applicant shall comply with the Public Art Ordinance. 69. All parkways, landscaping, fencing and on site lighting shall be maintained by the property owner or maintenance association. Prior to Issuance of Building Permit 70. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 71. Prior to the first building permit or installation of additional street lighting on Old Town Front Street which ever occurs first, the developer shall complete the TCSD application process, submit an approved Edison Streetlight Plan and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program. FIRE PREVENTION General Requirements 72. 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. 73. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 PSI residual operating pressure fora 4 hour duration. The Fire Flow as given above has taken into account all information as provided. 74. 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. 75. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. G:\Planning\2007\PA07-0339 Star World Center EO'nPlanning\EXHIBIT A Final.docG:lPlanning\2007\PA07-0339 Star World Center EOT\Planning\EXHIBIT A Final.doc 11 Prior to Issuance of Grading Permits 76. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. 77. 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. Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. 78. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 79. The gradient for a fire apparatus access roads shall not exceed 15 percent. Prior to building construction, dead end roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. 80. Prior to building construction, this development shall have two points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. Prior to Issuance of Building Permits 81. The developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau apprpval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on site hydrants. The plans must be submitted and approved prior to building permit being issued. 82. All locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet (CFC sec 902). 83. 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. These plans must be submitted prior to the issuance of building permit. 84: 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. The fire alarm system is required to have a dedicated circuit from the house panel. Prior to Issuance of Certificate of Occupancy 85. "Blue Reflective Markers" shall be installed to identify fire hydrant locations. 86. 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. G:\Planning12007\PA07-0339 Star World Center EOT\Planning\EXHIBIT A Final.docG:\Planning12007\PA07-0339 Star Wodd Center EOT\Planning\EXHIBIT A Final.doc 12 Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum 12 inches numbers with suite numbers a minimum of six inches in size. All suites shall gave a minimum of six inch high letters and/or numbers on both the front and rear doors. 87. Based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. 88. 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. 89. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room. 90. 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. PUBLIC WORKS DEPARTMENT General Requirements 91. A Grading Permit for either rough and/or precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 92. 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. 93. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuing Grading Permits 94. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 95. 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. 96. 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. G:\Planning\2007\PA07-0339 Star World Center EOT1PIanning\EXHIBIT A Final.docG:\Planning\2007\PA07-0339 Star Wodd Center EOT\Planning\EXHIBIT A Final.doc 13 97. 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. 98. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of liquefaction. 99. 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 toprotect 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. 100. NPDES -The project proponent shall implement construction-phase and post-construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction-phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. 101. 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 102. 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. 103. 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. G:\Planning\2007\PA07-0339 Star World Center EOT\Planning\EXHIBIT A Final.docG:\Planning12007\PA07-0339 Star World Center EOT\Planning\EXHIBIT A Final.doc 14 104. 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. 105. The site is in an area identified on the Flood Insurance Rate Map. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. Prior to Issuing Building Permits 106. 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 overA.C. paving. b. Driveway shall conform to the applicable City of Temecula Standard No. 207A. c. Street light shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 801, 802 and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401and 402. e. All street and driveway centerline intersections shall be at 90 degrees. f. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 107. 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 Old Town Front Street - 60' R/W to include installation of improvements including paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). b: All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. 108. 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. Sewer and domestic water systems Under grounding of proposed utility distribution lines 109. The Developer shall vacate and dedicate the abutters rights of access along Old Town Front Street pursuant to the new location of the driveway. G:\Planning\2007\PA07-0339 Star World Center EOT\Planning\EXHIBIT A Final.docG:\Planning12007\PA07-0339 Star Wdrld Center EOT\Planning\EXHIBIT A Final.doc 15 110. 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. 111. 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. 112. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15..06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 113. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Occupancy 114. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 115. 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. 116. 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. G:\Planning\20071PA07-0339 Star World Center EOT1PIanning\EXHIBIT A Final.docG:\Planning\2007\PA07-0339 S[ar Wodd Center EOT\Planning\EXHIBIT A Final.doc 16 w.vtctttN ll. W1LLIAMS ~ onxrr ~ ieneral Manager-Chief Engineer ~ ~i ~Q``o`c tDODno ~. ,~ 1995 MARKET STREET e ~ RIVERSIDE, CA 92501 '~ 951.955.1200 951.788.9965 FAX i `~ a cD~Jtfr1TIOY ~~~ 94220.1 ' RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT April 13, 2005 City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 Attention: -Stuart Fisk Ladies and Gentlemen: Re: PA 04-0584 The District does not normally recommend conditions for land divisions or other land use cases in incorporated Cities. The District also. does not plan check City land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases aze normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District approval _or endorsement of the proposed project with respect to flood hazazd, public health and safety, or any other such issue: The majority of the property is within the 100 year Zone AE floodplain limits for Murrieta Creek as delineated on Panel No. 060742-OOIOB dated September 2, 1993 ofthe Flood Insurance Rate Maps issued in conjunction with the National Flood Insurance Program, administered by the Federal Emergency Management Agency (FEMA). A District flood study in 1987 determined the base flood elevation for the master plan flow rate of 38,300 cfs to be 1001.85 (NGVD 29) at the location. _ The U.S. Army Corps of Engineers along with the District and the Cities of Temecula and Murrieta ace working on the design of the Murrieta Creek Flood Control, Environmental Restoration and Recreation project (Project), which has been Congressionally authorized. The proposed development is located within Phase 1 of the Project, which is currently in construction. Questions regazding the Project may be addressed to Zully Smith of our office at 951.955.1299. Until the proposed Project has been constructed, all new buildings should be floodproofed by elevating the finished floor a minimum of 12 inches above the District's floodplain elevation'of 1001.85. This project is located within the. limits of the District's Murrieta Creek/I'emecula Valley Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid prior to the issuance of building or grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. GENERAL INFORMATION This .project may require a National Pollutant Dischazge Elimination System (NPDES) permit from the State Water Resources Control Board. Cleazance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. j v4uo.i City ofTemecula -2- April 13, 2005 Re: PA 04-0584 If this project involves a FEMA mapped floodplain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA:requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR).prior to occupancy. The applicant shall show written proof of compliance with the Multiple Species Habitat Conservation Plan (MSHCP) for any drainage facilities the applicant proposes to be maintained by the District. All applicable CEQA and MSHCP documents and permits shall address the construction, operation and maintenance of all onsite and offsite drainage facilities. Draft CEQA documents shall be forwarded to the District during the public review period. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain all applicable Federal, State and local regulatory permits. These regulatory permits include, but aze not limited to: a Section 404 Permit issued by the U.S. Army Corps of Engineers in compliance with section 404 of the Clean Water Act, a California State Department of Fish and Oame Streambed Alteration Agreement in compliance with the Fish and Game Code Section 1600 et seq., and a 401 Water Quality Certification or a Report of Waste Discharge Requirements in compliance with Section 401 of the Clean Water Act or State Porter Cologne Water Quality Act, respectively, from the appropriate Regional Water Quality Control Boazd. The applicant shall also be responsible for complying with all mitigation measures as requred under CEQA and all Federal, State, and local environmental rules and regulations. Very truly yours, ARTURO DIAZ Senior Civil Engineer c: Ron Parks, City of Temecula Zully Smith, RCFC & WCD AM:blj V/ARREN D., WILLIAMS ieneral'Manager-Chie(Englneer . ~``a0U117r I(pppnp e v I ~ ~Aff fft OP '. 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 951.788.9965 FAX www. tloodcontrol.co.riversi de.ca. us RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT -.. June 28, 2005 ' - - ia, FAXED THIS DATE TO.951695 7215 ~ ' JUN 3 0 2005 Ms. Janet Ock-Gyu Lee 4027 Staz Track Way Fallbmok, CA 92028-8922 Dear Ms. Lee: ., Re: Murrieta Creek Project APN 922-100-023- Star World Center I appreciate the opportunity to have met with you on June I5, 2005 to discuss proposed development plans for your pazcel adjacent to Phase 1 of the Murrieta Creek Project. As requested, I am writing to clarify/confirm the following three points: 1. The U.S Army Corps of Engineers (Corps) is constructing the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project. Upon completion, the District will request that FEMA revise its flood insurance rate maps to reflect. the subject pazcel being free from flooding in a 100-yeaz storm event. 2. Construction of the phase of Murrieta Creek Channel adjacent to the subject pazcel is not yet complete. To date, only a brief, inaccessible segment of the bicycle path that will someday parallel the entire channel through Temecula has been constricted. After consulting with the Corps, we have decided not to permit private development to construct pedestrian bicycle access improvements within our rights-of--way at this time. Your request for construction of a 12-foot access ramp is therefore denied. In the future, access points will be located at specific locations where public access rights have been secured. 3. District staffs interpretation of the language of the grant deed for the subject parcel is that a blanket easement for access purposes exists over the entire subject parcel, not just that portion offered through dedication to the public. Given the fact that we are presently in litigation with you, I would encourage you to direct all future inquiries related to this matter to the office of County Counsel through your attorney. Lastly, please note that sheet A-1.1 of the site plan drawing for your proposed development inconectly shows a storm drainage easement, along with 16-foot wide easements for both landscaping and a maintenance road adjacent to the westerly edge of your project. The drawing should be updated to refleotfee-simple ownership by our District of all three areas. /'' ' 7 J Ms. Janet Ock-Gyu Lee -2- June 28, 2005 Re: Murrieta Creek Project APN 922-100-023- Star World Center Should you have further questions related to the Murrieta Creek project please contact Gregory Walker of our Right of Way Acquisition staff at 951.955.1281. Very truly yours, ~TL~ STEPHEN C. THOMAS Chief of Operations and Maintenance Division c: US Army Corps of Engineers Attn: David Van Dorpe, Project Manager City of Temecula Attn: Don Hagen, Senior Planner Zully Smith Ed Lotz SCT:ac Pc/95505 December I, 2004 .->_., C(~i }.~fTY City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Stuart Fisk RE: Development Plan INTO. PA04-0584 Deaz Mi~. Fisk: r ~,r.,, ~' ,v~ ~~ A G~ Zv~~ , i %U;l Department of Environmental Health has reviewed the Development Plan No. PA04-0584 to construct a 13,000 sq. ft. commercial building on .51 acres and has no objections. Although we have no recent information in regards water and sewer availability, water and sewer services should be available in this area. 2. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD BE REQUIRED: a) "Will-serve" letters from the appropriate water and sewering districts. b) If there aze to be any food establishments, (including vending machines), three complete sets of plans for each food establishment will be submitted including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law 2. For specific reference, contact Food Facility Plan Examiners at (909) 600-6330. c) If there are to be any hazardous materials, a clearance letter from the Department of Environmental Health Hazardous Materials Management Branch (955-5055) will be required indicafing that the project has been cleazed for: • Underground storage tanks, Ordinance # 617.4. • Hazazdous Waste Generator Services, Ordinance # 615.3. • Hazardous Waste Disclosure (in accordance with Ordinance # 651.2). •~ Waste reduction management. Sincerely, C~ S artinez, Supervising Environmental Health Specialist (909)955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. cc: Doug Thompson, Hazardous Materials RIVERSIDE • HEAL'l lj SERVICES AGENCY [} f OF ENVIRONMENTAL HEALTH Local Enforcement Agency • P.O. Box 1280, Riverside, CA 92502-]280 • (909) 955-8982 • FAX (909) 781-9653 • 4080 Lemon Street, 9th Floor, Riverside, CA 92501 Land Use and Water Engineering • P.O. Box 1206,.Poverside. CA 92502-1206 • 19091 955-8980 • FAX (9091 955-8903 • 4fIR0 I cm~o Sheet god Flnn. Riveridr r'A 92501 1 R~ Wier December 13, 2004 ~ i~ f~v !.~ (i [uJ C~ ~~ ~~"C ~ ©2004 j Board of Directors doho E. Boagland President Ceaba F. Ko Sr. Vita President Stephen J. Corona aslph R Deily Hen R Rake Liw D. Berman Michael R McMillan areera: Brian J. Brady /lenernl Manager ' PhBlip L Forbes D'veMr of Fiwnce-Treseurer K.P. Bob" Lemons Director of Engineering Perry R Louck Director of Plawing JeHD. Armstrong ContmBer ands hL Fregoso District 3ecrefary/Administrative 3ervicea Manager 0. Michael Cowett Best Beet & Krieger LLP ('ienHil (~AV-aGt Stuart Fisk, Case Planner City of Temecula Planning Department 43200 Business Pazk Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY LOT NO. 4 OF TRACT NO. 013-059, BLOCK 32; PARCEL NO. 2 OF MAP BOOK t48; PAGES NO. Sl AND NO. 'S2 CITY OF TEMECULA; APN 922-100-023 PROJECT NO. PA04-OS84 {STAR WORLD CENTER] Dear Mr. Fisk: Please be advised that the above-referenced properly is located within the boundazies 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 Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT . ~~ Micha 1 G. Meyerpeter, P.E. Development Engineering Manager 041MM:a@28\FCF c: .Laurie Williams, EngiDeering Services Supervisor Rancho California water District 42135 Winchester Road Post 06ce Bm 9017 ! Temecula, CdJorwn 92599-9017 (951)2966900 • FAX (951) 2966860 f n i } Southern California Gas Company a ~Sempra Energy company January 7, 2005 City of Temecula P.O: Box 9033 Temecula, CA 92589-9033 Subject: 010705 Vartous Projects PA04-0561, 40517 Margarita Rd, Temecula Mali Loo Rd - Construction PA04-0584, Temecula Education Complex, On Diaz Btwn Cher & Cam us -Construction - PA04-0584, Star World Center -Old Town Front Street -Construction PA04-0588, Roick Drive Business Condo - PA04-0592, Penfold Plaza -Construction PA04-0612, Palomar Plaza -Construction - 43980 Mar arita Rd PA04-0620, Boys & Girls Club -Construction - 31465 Via Cordoba PA04-0621, Buffertield Ranch Shopping Center -construction Commercial Bldgs -Southwest Comer of H 79 South & Butterfield PA04-0622, Tall Tree Mall Expansion - Construction -Office Bld s PA02-0362 -Rancho Temecula Town Centre - H 79 & Nicholas PA04-0200, 201, S/E Rancho Calif Rd & Meadows Pk -Construction Southern California Gas Company, Transmission Department, has no conflict with 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 (909) 335-7725. mcerely, „- Rosalyn u res Transmt ' n Pipeline Planning Assistant ~~; JAN ;1 ~ 2005 I U I Soue~em Caaomla Gas Company 94GYlOakddeAuerwe Qiammvidy GI 91311 Ma/iryrAdfrev: P.O.Bac2100 Chnm++onh, G 913132i1b M.L9314 rel 81&70!4546 .lac 818-701-.#41 PLANNING COMMISSION STAFF REPORT DATED JANUARY 18, 2006 G:\Planning\2007\PA07-0339 Star Wodd Center EOT\Planning\STAFF REPORT Final.doc 5 STAFF REPORT -PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: January 18, 2006 Prepared by: Stuart Fisk, AICP Title: Associate Planner File Number: PA04-0584 Application Type: Development Plan and Minor Exception Project Description: A Development Plan to construct and operate athree-story, 15,333 square foot mixed-use retail/office building and a Minor Exception to permit a 15.percent reduction in the parking requirements for a project on a 1.4 acre site located on the west side of Old Town - Front Street, approximately 1,400 feet south of Santiago Road, known as Assessor Parcel No. 922-100-023. Recommendation:. ®Approve with Conditions (Check One) ^ Deny ^ Continue for Redesign ^ Continue to: ^ Recommend Approval with Conditions ^ Recommend Denial CEQA: [.Categorically F~cempt (Class) 32 (Check One) ^ Notice of Determination (Section) 15332 ^ Negative Declaration ^ Mitigated Negative Declaration with Monitoring Plan ^ EIR PROJECT DATA SUMMARY Applicant: Rick Conroy; Newport Architects Completion Date: November 19, 2004 Mandatory Action Deadline Date: January 18,.2006 General Plan Designation: Service Commercial (SC) R:~D P12004W4-0584 Star Waid CrnterISTAFF REPORT.doc Zoning Designation: Service Commercial (SC) Site/Surrounding Land User Site: Vacant North: South: East: West: Lot Area: Building Area/Coverage: 1.4 acres 15,333/13.6% Landscape Area/Coverage: 54,250/25.7% Parking Required/Provided: 42 spaces required/36 spaces provided 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. ANALYSIS - Site Plan The project site is located on the west side of Old Town Front Street, approximately 1,400 feet south of Santiago Road. The overall project site is 1.4 acres, with the western 0.9 acre of the site being designated a flood control easement for Murrieta Creek, resulting in the developable portion of the site totaling 0.5 acre. The proposed building is a three-story building, with fifteert parking spaces located within the ground-floor at the southern half of the building. The building setbacks meet the requirements of the Development Code and the proposed 14 percent lot coverage is below the maximum permitted lot coverage of 30 percent. The Public Works Department has analyzed the projected traffic impact of the project and has determined that the impacts are consistent with the traffic volumes projected for the site by the previously approved City General Plan EIR. The Fire Department also reviewed the plan and- determined that there is proper access and circulation to provide emergency services to the site. Parkino/Circulation For office and general retail uses, the. Development. Code requires one parking space per 300 square feet of gross floor area (as defined by Section 17.24.040.C of the DevelopmenT Code). Based on the combined floor area of the office and retail space, staff has determined that 42 parking spaces are required to serve the proposed building. A total of 29 standarij parking spaces, 8 motorcycle parking spaces, and 9 bicycle parking spaces are proposed, resulting in a fetal credit of 36 parking spaces. By providing 36 parking spaces instead of the required 42 spaces, the applicant is requesting that the Planning Commission grant a Minor Exception to reduce the parking requirement for this R:~D P2004W4-0584 Star Wmld Center~STAFF REPORT.doc project by 15 percent. Section 17.03.060.6.1 of the Development Code allows for a reduction of parking requirements by less than 15 percent as a "Minor Exception" when deviations from code standards are minor and no impact will occur affecting the' public health and safety ~of adjacent. . properties. It is staff's opinion that the findings required for the Minor Exception can be made. If the Minor Exception is not approved, the net building square footage will need to be reduced by 1,620 square feet. Staff believes that the reduction in parking (six spaces) is justified because there will be some shared use of the office and retaiUfood services being provided within the same building. So, instead of requiring the combined parking calculated for each use separately, the Minor Exception provision of the Code permits the Planning Commission to make allowances for shared uses. In addition, there are unique physical constraints of the site that are not associated with most other SC-zoned properties in the City because of the creek and floodplain. Vehicular access to the site will be taken from an ingress/egress driveway located off Old Town Front Street. Pedestrian mess includes walkway access from. Old Town Front Street to the proposed building, The arrangement of drive aisles and walkways on the site provides. for good vehicular and pedestrian circulation to the site. The Fire Department has reviewed the site plan and determined that there is proper access and circulation to provide emergency services. Architecture The proposed Spanish Mediterranean architectural style of the building is consistent with the Development Code, Design Guidelines, and General Plan by offering distinctive styling, accenting and articulation. The building is designed to be compatible with surrounding development. The proposed building provides multiple rooflines, multiple building planes, and significant window area with a variety of window shapes and sizes. Concrete "S" roof tiles, decorative brackets, balconies, stucco, and-stone veneer compliment the architectural style. l_andscaainp The project proposes to landscape 54,250 square feet or approximately 22:4-percent of the site, which exceeds the minimum requirement of 20 percent per the Development Code. The landscape plan conforms to the landscape requirements of the Development Code and the Design Guidelines. Tree and shrub placement around the perimeter of the buildings will define the project area as will the selective use of accerit trees and shrubs throughout the site. Proposed trees. include Queen Palm, Evergreen Pear, London Plane, and Bradford Pear trees.. Proposed shrubs and vines include Red Azalea, Fortnight lris, Escallonia, Daylily, Red Camellia, Heavenly Bamboo, Society Garlic, and Hall's Honeysuckle. A total of 29 trees and 124. five-gallon shrubs are proposed. ENVIRONMENTAL DETERMINATION In .accordance with the California Environmental Quality Act, the' proposed Project has been deemed to be Categorically Exempt from further environmental review. (Class 32, Section 15332, In-Fill Development Project). R:~D %2IX14W4-0584 Star World CenterlSTAFF REPORT.doc CONCLUSION/RECOMMENDATION `i Staff has determined that the proposed project,'as conditioned, is compatible with surrounding developments in terms of design and quality. Therefore,.staff recommends that the Planning Commission adopt a Resolution approving a Development Plan and. Minor Exception with the attached conditions of approval. FINDINGS Development Plan (Code Section 17.05.010.F) The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the City. As"conditioned, 'the proposal is consistent with the General Plari land use policies for Service Commercial (SC) development in the City of Temecula General Plan. The Gerieral Plan has listed the proposed uses,.including retail and office, as typical uses iri the Service Commercial designation. The proposed project is consistent wffh'fhe use regulations outlined in the Development Code for the Service Commercial zoning district. The Land Use Element of the General Plan requires that proposed buildings be compatible with existing buildings. The proposed commercial uses are compatible with the surrounding commercial buildings currently located adjacent to the proposed site: 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The pr%ecf has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and funcfion in a manner consistent with the public health, safety and welfare. Minor Exception (Code Section 17.03.060.D.2) That there are practical difficulties or. unnecessary hardships created by strict application of the code due to physical characteristics of the property. 2. There are practical difficulties and unnecessary hardships created by strict application.of the code due to physical circumstances and characteristics of the property that are not . shared by other properties in the.zone due to a-flood control easement across the rearof. the property that limits the developable. depth ofthe property to approximately 150 feet 3. 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 person located in the vicinity. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties also affected'bythe- flood control channel as other development projects may request a-Minor Exception for a reduction in parking requirements. It is'iiot j anticipated that the requested reduction in parking would be detrimental to the public ? welfare or to the property of other persons located in the vicinity. R:\D N2004\04-0584 Star Wwld Center\STAPF REPORT.doc 4. The Minor Exception places suitable conditions on the property to protect surrounding properties. The project has been conditioned in accordance with requirements of the development code, building codes and fire codes. ATTACHMENTS 1. Vicinity Map -Blue Page 6 2. Plan Reductions -Blue Page 7 3. PC Resolution No. 06-_-.Blue Page 8 Exhibit A -Conditions of Approval 1 R:~D P~2004\04-0584 Star World Ceuter~STAFF REPORT.dx 5 ATTACHMENT N0.1 VICINITY MAP R:tD P2004104-0584 Star World CrnterISTAFF REPORT.doc 6 Vicinity Map PA04-0584 0 0 ~ ~ °° N A ,~~~~ ~~~~; ~-~ _,,, ATTACHMENT N0.2 PLAN REDUCTIONS `. R:\D P~2004\06-0584 Star World Cwter\STAFF REPORT.doc 7 1 S . ~p 6 ~ ~ 1!~[~ ~1 _.<~~~.. L~ z I ~ ~ omoo I ~ U j a.~ I ~l ~ ~ I ~ ~ 8 S Im t} ~ ~1 tl I ~~ l ~ ~I~ i (n N I a, I O Imo' , I Q ~i"" O j 9 - a ~ UF I ~ ~Ic I~ ~1~ W I i ~IL~ n I I i i I L NI N z ' ~ ~~ ~ G I~ ~ ~ ~I ~ ~ UI ,~ o Y ~ ~ ml $ ~ ~ I ~ ~ E 55 I.~. '~~ I ~ ~- I I I 1 _ I I ~I L J i n. I ~ i =~ I~ , 1 1 , 1 .,..,,.,.,°..... ZI~z~~'.~, 4., tip ~l I ~ Nwcauell4MP~4v^W wl MO ~ 1111 1 anoxo ee-~~saa mj ielue~ DI~oM ~e1S r ~fI1~~I~ ''~O~m~H Nvid311S _ ~ Q ~66 ~gY % ~~~ a _ _ _ ,LLZLI_ 3 .L4JZ.tL, N._ _._-_._._._._. _. ~1_. _._._._. _._._._._ i6 I 4 j I f _ R .. 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A 3 9 5 AlJ-WA~RA GROUP IPN~ E ~~H ,n pCNRE 0 a 0 n ,r ~1 ATTACHMENT N0.3 PC RESOLUTION NO. 06-_ ~, R:1D P12004~04-0584 Star World Cente~lSTAFF REPORT.doc 8 PC RESOLUTION N0.06-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING A A DEVELOPMENT PLAN TO CONSTRUCT AND OPERATE ATHREE-STORY,15,333SQUARE FOOT MIXED-USE RETAIUOFFICE BUILDING AND A MINOR. EXCEPTION TO PERMIT A 15 PERCENT REDUCTION IN THE PARKING REQUIREMENTS FOR A PROJECT ON A 1.4 ACRE SITE LOCATED ON THE WEST SIDE OF OLD TOWN FRONT STREET, APPROXIMATELY 1,400 FEET SOUTH OF SANTIAGO ROAD, KNOWN AS ASSESSOR PARCEL N0.922-100-023 WHEREAS, Rick Conroy, representing Ms. Janet Lee, filed Planning Application No. PA04- 0584 (Development Plan and Minor Exception) in a manner in accordance with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the 6me and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regularmeeting, considered the Application on January 18, 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;;:.,....,.. VllHEREAS, at the conclusion of the Commission hearing.and after due consideration of the 1 testimony, the Commission approved Planning Application No. PA04-0584 subject to conditions of. .approval after finding that the project proposed in Planning Application No. PA04-0584 conformed to the City of Temecula General Plan and Development Code. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE,' DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findings. The Planning Commission, in approving the Application, hereby . makes the following findings as required by 17.05.010.E (Development Plan) and 17.03.060.D.2 (Minor Exception) of the Temecula Municipal Code: Development Plan (Code Section 17.5.O10.F) A. The proposed use is in conformance with the General Plan for Temecula and with alt applicable requirements of state law and other ordinances.of the City; As conditioned; the proposal is consistent with-the General Plaaland use policies for Service Commercial (SG) development in the City of Temecula General Plan. The GenerafiPlan has listed the proposed uses, including retail and office, as typical uses in the Service Commercial designation. The proposed project is consistent with the use regulations outlined in the Development Code forthe Service Commercial zoning district The Land Use Element of the General Plan. requires that proposed buildings be compatible with existing buildings. The proposed commercial uses are compatible with the surrounding commercial buildings currently located adjacent fo the proposed site. R:\D-P12004~04-0584 Star Wodd Center~Draff Reso.doc B. The overall development of the land is designed for the protection of the public / health, safety, and general welfare; The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Minor Exception (Code Section 17.03.060D.2) A. That there are practical difficulties or unnecessary hardships created by strict application of the code due to physical characteristics of the property. There are practical difficulties and unnecessary hardships created bystrict application of the code due to physical circumstances and characteristics of the property that are not shared by other properties in the zone due to a flood control easement across the "rear of the property that limits the developable depth of the property to approximately 150 feet. B. The Minor Exceptioh does not grant special privileges which are not otherwise available to surrounding properties and will hot be detrimental to the public welfare or to the property of other person located in the vicinity. The Minor Exception does not grant special privileges which are not otherwise available to. surrounding properties also affected by the flood control channel as other development projects may request a Minor Exception for a reduction in"parking requirements. It is not -.) anticipated that the requested reduction in parking would be"detrimental to the public welfare or to the. property of other persons located in the vicinity- C. The Minor Exception places suitable conditions on the property to protect surrounding properties. The project has been conditioned in accordance with requirements of the development code, building. codes and fire codes. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act,.the proposed Project has been deemed to be Categorically Exempt from further environmental review. (Class 32, Section 15332, In-Fill Development Project). Section 4. .Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Application, a request for a Development Plan to construct and ~perafea three story,15,333 square foot mixed-use retaiUoffice building and a Minor Exception to permit a 15 percent reduction in the parking requirements for a project on a 1.4 acre site located on the west side of Old Town Front Street, approximately 1,400 feet south of Santiago Road,'kritiwn as Assessor Parcel No. g22-100-023, as set.forth on Exhibit A, attached hereto, and incorporated herein by this reference as though set forth fn full. _.. -• R:1D P12004~04-0584 Spar Wodd Center~Dratt Reso.doc Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 18"' day of January, 2006. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary {SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby cerGfythat PC Resolution No. 06-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18"' day of January, 2006, by the following vote of the Commission: - AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:tD Pt2004~04-0584 Star world CenterlDratt Reso.doc EXHIBIT A DRAFT CONDITIONS OF APPROVAL R:~D.Pf22004W4-0584 Star World CerlteilDraft Fieso.doc 4 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0584 Project Description: A Development Plan to construct and operate athree- story, l 5, 333 square foot mixed-use retail/office building on and a Minor Exception to permit a 15 percent reduction in the parking requirements for a project on a 1.4 acre site located on the west side of Old Town-Front Street, approximately 1,400 feet south of Santiago Road. Assessor's Parcel No.: 922-100-023 MSHCP Category: Commercial DIF Category: Retail Commercial and Office TUMF Category: Retail Commercial and Service CommerciaUOffice Approval Date: January 18, 2006 Expiration Date: January 18, 2008 WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT Planning Department The applicanUdeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Cleilc in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicanUdeveloper has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)}. 2. The applicant shall sign both copies of the final conditions.of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. R:iD P12004W4-0584 Scar Wdrld Center~Dra(t CAAs.doc GENERAL REQUIREMENTS y R:1D P~2004VD405t34 Star W orld Center~Draft COAs.doc Planning Department 3. The applicaht 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 Citys 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 pennittee shall obtain City approval for any modifications or revisions to the approval of this development plan.. 5: This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the. beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or.the beginning of substantial utilization contemplated by this approval ' 6. The Director of Planhing may, upon an application being filed within thirty-days prior to expiration, and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time. 7. A separate building permit shallbe required for all signage. 8. Thedevelopmentof.the premises shall substantiallyconform to the approved site plan and elevations contained on file with the Planning Department. 9. The.conditions of approva(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 ease the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission fonts decision.. MateriaC Color Stucco Finish (walls) -Main Body La Habra "Adobe" Stone Veneer (walls) -Base Band Eldorado Stone "Veneto Fieldledge" Stucco Foam Fascia & Trims Frazee "Showcase 752" Wood Fascia & Decorative Wood Brackets Frazee "8245A Ochre Rust' Window Frames Anodized Aluminum (Brown/Gold) Window Glazing PPG "Atlantica" (green tint) Roofing Eagle Roofing Products -Mission Santa Barbara "S"Tile R:~D P~2004~04-0584 Star World Cenfer~Draft COAS.doc 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 properly owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors'in interest: Public Works Department 11. A Grading Permit for either rough and/or precise grading, including all on-site flat work and improvements, shall be obtained from -the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 12. 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. 13. AIf grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36° City of Temecula mylars. Building and Safety Department 14. All design components shall comply with applicable provisions of the 2001 edition of the Califomia Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; Califomia Administrative Code, Title 24 Energy Code, Califomia Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 15. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 16: 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. 17. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from-School Mitigation Fees. 18. Obtain all building plans and permit approvals prior to commencement of any construction work. 19. Show all building setbacks. 5 .- _.. ~~~. R:1D P~2004104-0584 Star Wodd Center\Dra(t COAs.doc 20. 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. 21. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1,1998) 22. Provide disabled access from the public way to the main entrance of the building. 23. Provide van accessible parking located as close as possible to the main entry. 24. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits 25. Signage shall be posted conspicuouslyat the entrance to the project that indicates the hours of construction, shown below, as' allowed by the City of Temecula Ordinance No. 94-25, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quartermile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m: No work is permitted on Sundays or Government Holidays Fire Prevention 26. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fre Code (CFC), and related codes which are in force at the time of building plan submittal. 27. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 2500 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 700 GPM for a total fire flow of 3200 GPM with a 3-hour duration. The required fire flow maybe adjusted during the approval process to reflect changes in design, constmction type, orautomaticfire protection measures as approved by the Fire Prevention Bureau. The-Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III-A) 28. The Fire Prevention Bureau is required. to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum of 2 hydrants, in a combination of on-site and off-site (6° x 4" x 2-2 1/2° outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shalt be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant: The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-6) R:~D P~20041'D4-0584 Siar WoAd CenteADrafl COAs.doc 29. As required by the California Fire Code, when any portion of the facility is in excess of 150 ,r-~ feet from a water supply on a public street, as measured by an approved route around the ' exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. (CFC 903.2) 30. 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) feetsiz (6) inches. (CFC 902.2.2.1) 31. Prior to building construction, this development shall have two (2) points of access, via all- weathersurface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 32. Any/All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902:4) 33. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Departmentfor approval, a-site plan designating Fire Laries with appropriate lane painting and or signs. Community Services Department 34. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, Pegutar solid waste containers. 35.. .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. 36. The Applicant shall comply with the Public Art Ordinance. 37. All parkways, landscaping, fencing and on site lighting shall be maintained by the property owner or mainteriance association. '~ ...:. R:1D P12004V04-0584 Star Wodd Center\Dratt COAs.doc PRIOR TO ISSUANCE OF GRADING PERMITS RED P\2004b4-0584 Star W oAd Cenler~D2fl COAs.doc Planning Department 38. 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. 39. 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. 40. 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. 41. The following-shall be included in the Notes Sectiortotthe Grading Plan: "If at any time during excavation/construction ofthe site; archaeologicaVcultural resources, oranyartifacts or other objects which reasonably appears to bi3 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 archaeologicaUcultural resource, the Director of Planning shalt notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery fs an archaeologicaUcultural resource, the Director of Planning shall notify the property owner that no furtherexcavation ordevelopment may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning Public Works Department 42. A permit from Riverside County Flood Control and W ater Conservation District is required for work within their right-of-way. 43. 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. 44. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards andsubject to approval by the Department of Public Works. 45. A Soil Report shall be prepared by a registered Soil. or Civit 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. . 46. A Geological Report shall be prepared by a qualified engineer.or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study -zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of liquefaction. R:~D Pt2004tA4-0584 Star W odd CenterlDmft COAS.doc 47. 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. 48. NPDES -The project proponent shall implement construction-phase and post-construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction-phase measures shall include Best Management Practices (BMPs) consistentwith the Citys Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all .unfiltered runoff. year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed arid included into plans for submittal to, and subject. to the. approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide_proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. 49. As.deemed necessary by the Director of the Department of Public Works,-the Developer shallreceive written clearance from the following agencies: a. San Diego Regional Water Quality ControFBoard b. Riverside County Flood Control and Water Conservation District c. Planning Department Department. of Public Works 50. 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. 51. 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 Rubtic Works. . 52: A .flood mitigation charge shall. be paid. The Area Draihage Plan. fee is payable to the Riverside County Flood Control and Water Conservation District byeither cashier's check or money order, prior to issuance of permits, based on the prevailing area drainageplan fee. It the full Area Drainage Plan fee or mitigation charge has already been credited to this .property, no new charge needs to be paid. 53. The site is in an area identified on the Flood Insurance Rate Map. This projectshall comply with Chapter 15, Section 15:12 of the City Municipal Coda which may include-obtaining a Letter of Map Revision from FEMA. A Flood Plairi Development Permit shall be submitted to the Department ofi Public Works for review anti approval. '~~ t ~:: R:~O P12004~04-0584 Star World CentertDrafl COAs.doc PRIOR TO ISSUANCE OF BUILDING PERMIT . . R:~D P120041b4-0584 Star World CenteilDraft COAs.doc 10 Planning Department 54. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and the colored architectural elevations. All labels on the Color ahd Materials Board and Elevations shall be readable on the photographic prints. 55. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. 56. All downspouts shall be internalized. 57, Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall. conform to the approved conceptual landscape plan, or as amended by these wnditions. The location, number, genus, species, and container size of the plahts shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. Provide a minimum five foot wide planter to be installed at the perimeter of all - parking areas. Curbs, walkways, etc. are not to infringe on this area c. Provide an agronomic soils report with the construction landscape plans. d. One (1) copy of the approved grading plan. e. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinahce). f.. Total cost estimate of plantings acid irrigation (in accordance with approved plan). g. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out.the detailed program. 58. All utilities shall be screehed-from public view. Landscape construction drawings shall show antllabel 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 iritrusion. Screening of utilities is not to look like an after- thought. Plan planting beds and design around utilities. Locate all light poles on plans and 'insure that there are no conflicts'wiih trees. 59. Building plans shall indicate that all roof hatches shall be painted "Interriational Orange". 60. The construction plaris shall indicate the application of pairited rooftop addfessing 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-irich paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge. of the building closest to-the street. R:1DPt2004~04-0584 Star Wodd CenterlDraft COAS.doc 77 r, Public Works Department i 61. 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. Driveway shall conform to the applicable City of Temecula Standard No. 207,A. c. Street light shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 801, 802 and 803. d. Concrete sidewalks and ramps shall be constructed. along public street frontages in accordance with City of Temecula Standard Nos. 400.401 and 402. . e. All street and driveway centerline intersections shall be at 90 degrees. f. Laridscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance-and visibility. 62.. The Developer shall construct the following public improvements to City of Temecula General Plan stahdards unless otherwise noted. Plans shall be reviewed and approved by .the Director of the Department of Public Works: a: Improve Old-Town Front Street - 60' R/W to include installation of improvements .including paving, curb and gutter, sidewalk,:streettights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). b. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections.. 63. 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. Sewer and domestic water systems b. Under grounding of proposed utility distribution lines 64. The. Developer shall vacate and dedicate the abutters rights of access along Old Town Front Street_ pursuant to the new location of the driveway. 65. 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. 66.. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plah by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 67. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all ? Resolutions implementing Chapter 15.06. R:~D P~2lx)4~04-0584 Star Wodd CenterlDraft COAs.doc 72 68. 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 69. Obtain street addressing for all proposed buildings prior to submittal for plan review. 70. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Appendix Chapter 12, Section 1208A, of the 2001 edition of the California Building Code. 71. Restroom fixtures, number and type; to be in accordance with the provisions of the 2001 edition of the Califomia Building Code Appendix 29. 72. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 73. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 74. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 75. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 76. Apre-construction meeting is required with the building inspector prior to the start of the building construction Fire prevention 77. Prior to building final, all locafions where. structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to_any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 78. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and. conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required watersystem 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, 901.2.22 and National Fire Protection Association 24 1-4.1) Community Services Department 79. The developer shall provide TCSD verification of arrangements made with the Ciiys franchise-solid waste hauler for disposal of construction debris. RiD P~2004~04-0584 Sfar Wodd Center~Dmfl COAs.doc 13 80. Priorto the first building permitor installation of additional street lighting on Old Town Front Street which ever occurs first, the developer shall complete the TCSD application process; submit an approved Edison Streetlight Plan and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program. _J R:~D Pt2004b4-0584 Star Wodd CenterlDraft COAs.doc 14 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT R:W P12004\04-0584 Star World CenteADrak COAs.doc 15 Planning Department 81. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the publicright-of-way adjacent to the project site, the developer shall. provide screening by constructing a sloping file covered mansard roof element or other screening if reviewed and approved by the Director of Planning. 82. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 83. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings in accordance with the approved constructioh 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. 84. Each parking space reserved for the handicapped shall lie 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 ihchesin' aced 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 by22 incFies, cleariy and conspicuously stating the following: °Wnauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities miay be towed away at owner's expense- Towed vehicles maybe reclaimed by telephoning 951 696-3000." 85. In addition to 'the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 86. All site improvements including but not limited to parking areas and striping shall be installed prior to occupancy or any use allowed by this permit. 87. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department 88. As deemed necessary by the Department of Public Works, the Developer shall-receive written clearance from the following agencies: a. Rancho California Water District R:~D P~2W4W4-0584 Star Wodd Center~DreR COAs.doc 16 b. Eastern Municipal Water District ,: o. Department of Public Works 89. 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. 90. The existing improvements shall be reviewed. Any appurtehance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. Fire Prevention 91. 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) 92. .Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and.existirig btiildfngs 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 oT six (6) inch high letters and/or numbers on both the front and rear doors. ,(CFC 901.4.4) 93. Prior to issuance of Certificate of Occupancy or building final, based on'square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 94. Prior to issuance of Certificate of Occupancy or building final,.based on a requirement for monitoring the spririkler §ystem, occupancy or use; the developefshall iristall an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau forapproval priorto installation. (CFC Article 10) 95. Prior to the issuance of a Certificate of Occupancy oc 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) ~~ _,~ n:~o Pt2004VD4-0584 Star Wodd CenteilDmft COAs.doc 77 OUTSIDE AGENCIES R:1D P12004~04-0584 Star Wodd Cente~iDrak COAS.dOC 1A ~r;i~ sI December 13, 2004 D ~' ice: ; u~ ii~NNil{II , n ~'~'C ~ 0 2004 I ~ ~iu fl~ Stuart Fisk, Case Planner py_ Y-_~~ n~{{~_ City of Temecula Planning Department 43200 Business Park Drive R<.rd ¢rDirerrare Post Office Box 9033 John R. Roagland Temecula, CA 92589-9033 President Csaba F. Ro sn vm Pre ia<¢t ~ SUBJECT: WATER AVAILABILITY Skphm J. (:Drone LOT NO.4 OF TRACT NO. 013-059; BLOCK 32; PARCEL Ralph D. Dally NO. 2 OF MAP BOOK- 148, FAGE.S NO. 51 A.ND NO. 'S2 Rev R DraQ< CITY OF TEMECULA; APN 922-100-023 Lisa D. Herman PROJECT NO: PA04-0584 {STAR WORLD CENTER] Michael R McMillan Dear Mr. Fisk: otrre.a: Rtia¢J.R°ay Ce¢eral Manager Please be advised that the above-referenced ro ,.t~~ rs located within the P l~e• `) Ph:u:p 4 Fnrhea . boundaries of Rancho California Water District (RCWD). Water service, Dirrctor ¢t Pins°<e_''r<°'"'<r. therefore, would be available upon construction of any required on-site and/or RP.'Boh•Lem°na ' Director ar B¢gineering off-site water facilities and the corn letion of financial arran ements between P g Perry R Lo¢ek RCWD and the property owner. Direcor of Planning Jett D. Armstro¢g C ll If fire protection is required the customer will need to contact RCWD for fees n¢tm er , r;°d,,, ~~o and requirements. Diatria Senetary/Adoiinistretive Services Manager 0. M:chaet Coaett Water availability would be contingent upon the property owner signing an Rat D<at a Raeg<r LLF Agency Agreement that assigns water management rights, if any, to RC WD. Ge¢aai c«¢.a<t If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHb CALIFORT`IIA WATER DISTRICT - ~~ Micha I G. Meyerpeter, P.E. Development Engineering Manager 041MM:at2281FCF c: ,Laurie Williams, EDginceriDg Services Supervisor (~- 96. The applicant shall comply with the attached letter dated December 13, 2004, from the Rancho California Water District. 97. The applicant shall comply with the attached letters dated April 13, 2005, and June 28, 2005, from the Riverside County Flood Control and Water Conservation District.. 98. The applicant shall comply -with the attached letters dated January 7, 2005, from the Southern California Gas Company. 99. The applicant shall comply with the attached letters dated December 1, 2004, from the County of Riverside Department of Environmental Health. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. 1 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 Applicant's Printed Name Date ....,,:.,..a:. R.~D P~2004b4-0584 Star Workf CenterlDraft COAs.doC 19 VARREN D. WILLIAMS '~ `~exrr Hove ~F 1995 MARKET STREET meral Manager-Chief Engineer ~~ ~ - QS~O g ~ ~ RIVERSIDE, CA 92501 ~. 951.955.1200 a 951.788.9965 FAX :. . `snee~rtld110~°`SS 94220.1 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT April 13, 2005 City of Temecula Planning Department Post OfficeBox 9033 Temecula, CA 92589-9033 Attention: Stuart Fisk Ladies and Gentlemen: Re: PA 04-0584 The District does not normally recommend conditions for land divisions or other land. use cases in incorporated Cities. The District also..does not plan check City land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be. considered a logical component or extension of a master plan, system, and District Area Drainage Ptan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety, or any other such issue: The majority of the property is within the 100 year Zone AE floodplain limits for Murrieta Creek as delineated on Panel No. 060742-OOlOB dated September 2, 1993 of the Flood Insurance Rate Maps issued in conjunction with the National Flood Insurance Program, administered by the Federal Emergency Management Agency (FEMA). A District flood study in 1987 determined the base flood elevation for the master plan flow rate. of 38,300 cfs to be 1001.85 (NGVD 29) at the location. The U.S. Army Corps of Engineers along with the District and the Cities of Temecula and Munrieta aze working on the design of the Murrieta Creek Flood Control, Environmental Restoration and Recreation project (Project), which has been Congessionally authorized. The proposed development is located within Phase 1 of the Project, which is currently in conjWction. Questions regazding the Project may be addressed to Zully Smith of our office at 951.955.1299. Until the proposed Project has been constructed, all new buildings should be floodproofed by elevating the finished floor a minimum of 12 inches above the District's floodplain elevation of 1001.85. This project is located within the. limits of the District's Murrieta Creekll'emecula Valley Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid prior to the issuance of building or grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. GENERAL INFORMATION This project may require a National Pollutant Dischazge Elimination System (NPDES) permit from the State Water Resources Control Boazd. Clearance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. .y t 94220.1 City of Temecula -2- April 13, 2005 Re: PA 04-05$4 If this project involves a FEMA mapped floodplain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR).prior to occupancy. The applicant shall show written proof of compliance with the Multiple Species Habitat Conservation Plan (MSHCP) for any drainage facilities the applicant proposes to be maintained by the District. All applicable CEQA and MSHCP documents and permits shall address the construction, operation and maintenance of all onsite and offsite drainage facilities. Draft CEQA documents shall be forwazded to the District during the public review period. If a natural watercourse or mapped floodplain is impacted by this project, the City should.require the applicant to obtain all applicable Federal, State and local regulatory permits. These regulatory permits include, but are not limited to: a Seddon 404 Permit issued by the U.S. Army Corps of Engineers in compliance with section 404 of the Clean Water Act, a California State Department of Fish and Game Streambed Alteration Agreement in compliance with the Fish and Game Code Section 1600 et seq., and a 401 Water Quality Certification or a Report of.Waste Dischazge Requirements in compliance with Section 401 of the Clean Water Act or State Porter Cologne Water Quality Act, respectively, from the appropriate Regional Water Quality Control Board. The applicant shall also be responsible for complying with all mitigation measures as required under CEQA and all Federal, State, and local environmental rules and regulations. Very truly yours; ARTURO DIAZ Senior Civil Engineer c: RodPaeks,City of Temecula Zul[y Smith, RCFC & WCD AM:blj - .,1. ) BARREN D., WILLIAMS o`iotmr ~~,oe :naal'Managa-Chief Engines . ~ . no a w vim, v ~~I /At Ct ` RIVERSIDE COUNTY FLOOD CONTROL 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 951.788.9965 FAX www.Ooodcontrol.co.rivaside.ca.us AND WATER CONSERVATION DISTRICT June 28, 2005 , ~ - - ;i~' c: FAXED THIS DATE TO: 951.695.7215 JUN 3 0 2005 Ms. Janet Ock-Gyu Lee 402'1 Star Track Way Fallbrook, CA 92028-8922 Deaz Ms. Lee: Re: Murrieta Creek Project APN 922-100-023- Staz World Center I appreciate the opportunity to have met with you on June 15, 2005 to discuss proposed development plans for your pazcel adjacent to Phase 1 of the Murrieta Creek Project. As requested, I am writing to clarify/confirm the following three points: 1. The U.S Army Corps of Engineers (Corps) is constructing the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project. Upon completion, the District will request that FEMA revise its flood in~~ranee rate maps to reflect. the subject parcel being free from flooding in a 100-yeaz storm event. 2. Construction of the phase of Murrieta Creek Channel adjacent to the subject parcel is not yet complete. To date, only a brief, inaccessible segment of the bicycle path that will someday parallel the entire channel through Temecula has been cotLStructed. After consulting with the Corps, we have decided rtot to permit private development to construct pedestrian bicycle access improvements within our rights-0f--way at this time. Your request for constriction of a 12-foot access ramp is therefore denied. In the future, access points will be located at specific locations where public access rights have been secured. 3. District staffs interpretation of the language of the grant deed for the subject pazcel is that a blanket easement for access purposes exists over the entire subject pazcel, not just that portion offered through dedication to the public. Given the fact that we are presenlly in litigation with you, I would encourage you to duect all future inquiries related to this matter to the office of County Counsel through your attorney. Lastly, please note thatsheet A-1.1 of the site plan drawing for your proposed development incorrectly shows a storm drainage easement, along with 16-foot wide easements for both landscaping and a maintenance road adjacent to the westerly edge of your project. The drawing should be updated to reflect fee-simple ownership by our District of all three azeas. J Ms. Janet Ock-Gyu Lee -2- June 28 2005 Re: Murrieta Creek Project APN 922-100-023- Star World Center Should you have fiuther questions related to the Murrieta Creek project please contact Gregory Walker of our Right of Way Acquisition staff at 951.955.1281. Very truly yours, .---~-~c ~~1,11.1J STEPHEN C. THOMAS Chief of Operations and Maintenance Division c: US Army Corps of Engineers Atlas: David Van Dorpe, Project Manager City of Temecula Attn: Don Hagen, Senior Planner Zully Smith Ed Lotz SCT:ac Pc/95505 F ^ i Southern Califomie Gaa Campeny' a ~ Sempra Energy company January 7, 2005 City of Temecula P.O.-Box 9033 Temecula, CA 92589-9033 Subject: 010705 Various Projects PA04-0561, 40517 Margarita Rd, Temecula Mali Loo Rd -Construction PA04-0584, Temecula Education Complex, On Diaz Btwn Cher & Cam us -Construction - PA04-0584, Star World Center -Old Town Front Street -Construction PA04-0588 Roick Diive Business Condo - PA04-0592, Penfoid Plaza -Construction PA04-0612, Palomar Plaza -Construction - 43980 Mar arita Rd PA04-0620, Boys & Girl§ Club -Construction - 31465 Via Cordoba PA04-0621, Butterfield Ranch Shopping Center -construction Commercial Bldgs -Southwest Comer of H 79 South & Butterfield PA04-0622, Tall Tree Mall Expansion - Construction -Office Bid s PA02-0362 .-Rancho Temecula Town Centre - H 79 & Nicholas PA04-0200, 201, S/E Rancho Calit Rd & Meadows P -Construction Southern California Gas Company; Transmission Department, has no conflict with your proposed improvement. However, our Distribution department ma)r have some facilities within your construction area. To assure no conflict with the local distribution's pipeline system, please contact (909) 335-7725. ncerely, ,: I Rosalyn qu res Transml n Pipeline Planning Assistant ~~~LtlCiC~(~ ~; JAN :1' 3 2005 II UU saNwrn caruomm GaSC~Y 91000zFdaleAuenue Q,trbxwth CR 91313 MaBirgAdd~sx• P. Q BoxZ3Q7 aen,«~,~, cn 9!313-7.30D M.L9314 gel 818-701dS46 jui 818-7013441 December 1, 2004 •Y ~ C(~c,.~TY OF RIVERSIDE • HEAC11. ~SERV[CES AGENCY [~' DEPARTMENT OF ENVIRONMENTAL HEALTH City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Stuart Fisk RE: Development Pian No. PA04-0584 Dear Mr. Fisk: ~~ f ~'~'` ~~ 1/I U ~w~ f~'i %U;l Department of Environmental Health has reviewed the Development Plan No. PA04-0584 to construct a 13,000 sq. ft. commercial building on .51 acres and has no objections. Although we have no recent information in regards water and sewer availability, water and sewer services should be available in this azea. 2. -PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD BE REQUIRED: a) "Will-serve" letters from the appropriate water and sewering districts. b) If there aze to be any food establishments, (including vending machines), three complete -, sets of plans for each food establishment will be submitted including a fixture schedule, } a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law 2. For specific reference, contact Food Facility Plan Examiners at (909) 600-6330. c) If there aze to be any hazazdous materials, a cleazance letter from the Department of Environmental Health Hazazdous Materials Management Branch (955-5055}will be required indicating that the project has been cleared for: • Underground storage tanks, Ordinance # 61'7.4. • Hazazdous Waste Generator Services, Ordinance # 615.3. • Hazazdous Waste Disclosure (in accordance with Ordinance # 651.2). Waste reduction management. Sincerely, ((, ~~~ Sa``~pervising Environmental Health Specialist (909)955-8980 NOTE: Any current additional requirements no[ covered can be applicable at time of Building Ptan review for final Department of Environmental Health clearance. ec: Doug Thompson, Hazardous Materials ' .ocal Enforcement Anencv • P.O. Box 1280. Riverside. CA 92502-1280 • (9091 955-8982 rAX (909) 781-9653 •4080 Lemon Sheet, 9th Floor, Riverside, GA 9250t NOTICE OF PUBLIC HEARING G:\Planning\2007\PA07-0339 Slar World Center EOT\Planning\STAFF REPORT Final.doc 6 Notice of Public Hearing Case No: Applicant: Location: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Planning Application No. Janet Lee Generally located approximately 1,000 feet south of Santiago Road at 28865 Old Town Front Street The first Extension of Time for a Development Plan and Minor Exception fora 13,709 square foot commercial building on .51 acres. In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA (Section 15332, Class 32, In-Fill) Eric Jones City of Temecula, Council Chambers 43200 Business Park Drive, Temecula, CA 92590 April 2, 2008 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 8:00 a.m. until 5:00 p.m. Questions concerning the project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400. ,;., °=o F~:.o?-osss 1 ,`. ~~.. 1 `. ~~~ ''1 t ~ ~ ,- r `~ ~ ~o- - ~ ~r.: T ~ L~~ ~ ~ ~, - -~ <., - G\Planning\2007\PA07-0339 Star World Center EOT\Planning\NOPH-PC.doc I