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HomeMy WebLinkAbout071713 PC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JULY 17, 2013 —6:00 PM Next in Order: Resolution: 13-31 PRELUDE MUSIC: Earlene Bundy CALL TO ORDER: Flag Salute: Commissioner Guerriero Roll Call: Carey, Guerriero, Harter, Kight, and Telesio PRESENTATIONS/PROCLAMATIONS 1 Business Spotlight Recognition Presentation, Oshkosh Defense, Christine Damko 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 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-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 2 Minutes 1 RECOMMENDATION: 2.1 Approve the Action Minutes of June 19, 2013 3 Director's Hearing Summary Report RECOMMENDATION: 3.1 Receive and File Director's Hearing Summary Report 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. 4 Planning Application No. PA13-0127, a Minor Conditional Use Permit for Old Town Pub and Grub, a bona fide eating establishment, to allow for a Type 47 ABC license (on-sale general beer/wine/distilled spirits) and live indoor entertainment at 28677 Old Town Front Street, Eric Jones RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0127, A MINOR CONDITIONAL USE PERMIT FOR OLD TOWN PUB AND GRUB, A BONA FIDE EATING ESTABLISHMENT, TO ALLOW FOR A TYPE 47 ABC LICENSE (ON-SALE GENERAL BEER/WINE/DISTILLED SPIRITS) AND LIVE INDOOR ENTERTAINMENT AT 28677 OLD TOWN FRONT STREET(APN 922-045-033) 5 Planning Application No. PA13-0135, a Minor Conditional Use Permit for the Gifting Group to obtain Type 9, 14, 17 and 20 ABC licenses to authorize the sale of alcoholic beverages in gift baskets to be packaged at their existing facility, located at 42210 Zevo Drive, Eric Jones RECOMMENDATION: 5.1 Adopt a resolution entitled: z PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0135, A MINOR CONDITIONAL USE PERMIT TO ALLOW THE GIFTING GROUP TO OBTAIN TYPE 9, 14, 17 AND 20 ABC LICENSES THAT WILL AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES IN GIFT BASKETS THAT WILL BE PACKAGED AT THEIR EXISTING FACILITY LOCATED AT 42210 ZEVO DRIVE (APN 909-360-034) 6 Planning Application No. PA13-0072, a Maior Modification for a facade improvement to an existing McDonald's restaurant, reconfigure the drive-thru facility, relocate a cellular telecommunication facility, relocate the trash enclosure, and reduce parking spaces for additional landscaped areas at 31853 Temecula Parkway (Vail Ranch Shopping Center), Kenny Taylor RECOMMENDATION: 6.1 Adopt a resolution entitled: PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0072, A MAJOR MODIFICATION FOR MCDONALD'S RESTAURANT TO ENCHANCE THE BUILDING EXTERIOR FACADES, CHANGE THE EXTERIOR COLORS, RECONFIGURE THE DRIVE-THRU FACILITY, RELOCATE A CELLULAR TELECOMMUNICATION FACILITY, RELOCATE THE TRASH ENCLOSURE, AND REDUCE PARKING SPACES FOR ADDITIONAL LANDSCAPED AREAS AT 31853 TEMECULA PARKWAY (VAIL RANCH SHOPPING CENTER) (APN 961-080-007) 7 Planning Application No. PA12-0178, a Development Plan to construct a two-story, 29,211 square foot medical office building on a 1.48 acre vacant lot, located on the west side of Avenida de Missiones, approximately 200 feet south of Temecula Parkway, Kenny Taylor RECOMMENDATION: 7.1 Adopt a resolution entitled: PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0178, A DEVELOPMENT PLAN TO CONTRUCT A 29,211 SQUARE FOOT, TWO- STORY PROFESSIONAL OFFICE BUILDING LOCATED ON THE WEST SIDE OF AVENIDA DE MISSIONES, APPROXIMATELY 200 FEET SOUTH OF TEMECULA PARKWAY (APN 961-290-002) 3 REPORTS FROM COMMISSIONERS DIRECTOR OF COMMUNITY DEVELOPMENT REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, August 7, 2013, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street, Temecula)after 4:00 PM the Friday before the Planning Commission meeting. At that time,the agenda packet may also be accessed on the City's website — www.cityoftemecula.org — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the Commission regarding any item on the agenda, after the posting of the agenda,will be available for public viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the City's website — www.cityoftemecula.org — and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula Civic Center, (951)694-6400. 4 ITEM 1 CITY OF TEMECULA COMMUNITY DEVELOPMENT MEMORANDUM TO: Planning Commission FROM: Patrick Richardson, Director of Community Development DATE: July 17, 2013 SUBJECT: Business Recognition Program— Oshkosh Defense PREPARED BY: Christine Damko, Economic Development Analyst BACKGROUND: Oshkosh Defense began operations at its Temecula, California Regional Logistic Center (RLC) in 2009 to meet the growing demand for Marine Corps and Navy support in the surrounding area. Today, this facility employs 53 workers, over half of which are former military personnel. The primary focus of the Oshkosh team in Temecula is to assist the military in upgrading, repairing, and maintaining its fleet of Oshkosh vehicles, such as the Medium Tactical Vehicle Replacement and Mine Resistant Ambush Protected All-Terrain Vehicle. Oshkosh's Temecula facility protects our military by upgrading their vehicles with the most technologically advanced defense solutions and installing various survivability upgrades such as enhanced armor to protect against the ever evolving threats in the field. To date, the Temecula RLC has performed over 2,000 upgrades on more than 900 military vehicles; and that number is growing each day. Oshkosh also performs corrective and preventive maintenance services according to customer requirements with focused efforts on reducing customer costs and repair cycle time. Whether a vehicle requires a simple oil change or needs to be completely torn down and rebuilt to like-new condition, Oshkosh's skilled team of technicians is capable of performing the task. Throughout their facility, Oshkosh applies lean principles and practices to reduce costs to the customer and increase output levels with uncompromised quality. Constant innovation in the areas of visual management, built-in quality, standardized work, and materials management are essential to maintaining Oshkosh's policy of customer satisfaction through continuous improvement. ITEM 2 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JUNE 19, 2013 — 6:00 PM Next in Order: Resolution: 13-28 PRELUDE MUSIC: Earlene Bundy CALL TO ORDER: Flag Salute: Commissioner Carey Roll Call: Carey, Guerriero, Harter, Kight, and Telesio ABSENT: HARTER CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Action Minutes of June 5, 2013 APPROVED 4-0-1-0; MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER KIGHT; VOTE REFLECTED APPROVAL; HARTER ABSENT 2 Director's Hearing Summary Report 2.1 Receive and File Director's Hearing Summary Report APPROVED 4-0-1-0; MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER KIGHT; VOTE REFLECTED APPROVAL; HARTER ABSENT 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. 1 3 Planning Application No. PA13-0054, a Home Product Review for Van Daele Homes for 113 single-family homes including 56 homes in Verona and 57 homes in Sorrento, Tract 29661, Planning Area 4B of the Roripaugh Ranch Specific Plan, generally located on the south side of Murrieta Hot Springs Road, approximately 1,700 feet west of Butterfield Stage Road, Matt Peters APPROVED 4-0-1-0; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER GUERRIERO; VOTE REFLECTED APPROVAL; HARTER ABSENT RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 13-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0054, A HOME PRODUCT REVIEW APPLICATION FOR VAN DAELE HOMES FOR 113 SINGLE-FAMILY HOMES INCLUDING 56 HOMES IN VERONA AND 57 IN SORRENTO, TRACT 29661, PLANNING AREA 413, OF THE RORIPAUGH RANCH SPECIFIC PLAN, LOCATED SOUTH OF MURRIETA HOT SPRINGS ROAD, APPROXIMATELY 1,700 FEET WEST OF BUTTERFIELD STAGE ROAD 4 Planning Application Nos. PA13-0116 and PA13-0112, a Home Product Review for Standard Pacific including four floor plans and three elevations for each floor plan ranging in size from approximately 2,400 to 3,500 square feet in Tract 29661-3 consisting of 99 lots in the Roripaugh Ranch Specific Plan, and a Minor Exception to the setback requirements for Lots 9, 12, 33, 34, 50, and 94, generally located south of the intersection of Murrieta Hot Springs and Pourroy Roads, Matt Peters APPROVED 4-0- 1-0; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER GUERRIERO; VOTE REFLECTED APPROVAL; HARTER ABSENT RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 13-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA13-0116 AND PA13-0112, A HOME PRODUCT REVIEW APPLICATION FOR STANDARD PACIFIC INCLUDING FOUR FLOOR PLANS AND THREE ELEVATIONS FOR EACH FLOOR PLAN RANGING IN SIZE FROM APPROXIMATELY 2,400 TO 3,500 SQUARE FEET IN TRACT 29661-3 CONSISTING OF 99 LOTS IN THE RORIPAUGH RANCH SPECIFIC PLAN, AND A MINOR EXCEPTION TO THE SETBACK REQUIREMENTS FOR LOTS 9, 12, 33, 34, 50, AND 94, GENERALLY LOCATED SOUTH OF THE INTERSECTION OF MURRIETA HOT SPRINGS AND POURROY ROADS z 5 Planning Application No. PA13-0117, a Home Product Review for Standard Pacific including three floor plans and three elevations for each floor plan ranging in size from approximately 2,400 to 3,100 square feet in Tract 29661-4 consisting of 100 lots in the Roripaugh Ranch Specific Plan, generally located southeast of the intersection of Murrieta Hot Springs and Pourroy Roads, Matt Peters APPROVED 4-0-1-0; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER TELESIO; VOTE REFLECTED APPROVAL; HARTER ABSENT RECOMMENDATION: 5.1 Adopt a resolution entitled: PC RESOLUTION NO. 13-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0117, A HOME PRODUCT REVIEW APPLICATION FOR STANDARD PACIFIC INCLUDING THREE FLOOR PLANS AND THREE ELEVATIONS FOR EACH FLOOR PLAN RANGING IN SIZE FROM APPROXIMATELY 2,400 TO 3,100 SQUARE FEET IN TRACT 29661-4. THE PROJECT CONSISTS OF 100 LOTS IN THE RORIPAUGH RANCH SPECIFIC PLAN, GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF MURRIETA HOT SPRINGS AND POURROY ROADS REPORTS FROM COMMISSIONERS DIRECTOR OF COMMUNITY DEVELOPMENT REPORT ADJOURNMENT Next regular meeting: Wednesday, July 17, 2013, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. John Telesio Patrick Richardson Chairman Director of Community Development 3 ITEM 3 CITY OF TEMECULA COMMUNITY DEVELOPMENT MEMORANDUM TO: Planning Commission FROM: Patrick Richardson, Director of Community Development DATE: July 17, 2013 SUBJECT: Director's Hearing Summary Report Planning Director's Agenda items for June, 2013 Date Case No. Proposal Applicant Action June 6, 2013 PA12-0164 A Minor Conditional Use Permit to allow Genaro APPROVED the existing Lienzo Charro Restaurant to Dominguez conduct live indoor entertainment consisting of open mic night, mariachi bands, and karaoke, located at 29000 Old Town Front Street June 20, 2013 PA13-0007 A Minor Conditional Use Permit to allow Chang Bou APPROVED Temecula Korean Adventist to operate a church at 42110 Remington Avenue, Suite A June 27, 2013 PA13-0104 A Minor Conditional Use Permit to allow Nicole APPROVED Fazeli Cellars Wine Bar to conduct live Blankenship indoor entertainment within an existing building, located at 41955 Fourth Street, Suite 101 Attachment: Action Agendas ACTION AGENDAS AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING June 6, 2013 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, Director of Community Development PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Community Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number: PA12-0164 Project Type: Conditional Use Permit Project Title: Lienzo Charro Restaurant Applicant: Genaro Dominguez Project Description: A Minor Conditional Use Permit to allow the existing Lienzo Charro restaurant to conduct live indoor entertainment consisting of open mic night, mariachi bands, and karaoke Location: 29000 Old Town Front Street Environmental Action: Section 15301, Class 1 Existing Facilities Project Planner: Eric Jones ACTION: APPROVED NOTICE TO THE PUBLIC The agenda packet(including staff reports)will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula)after 4:00 PM the Friday before the Director's Hearing. At that time,the agenda packet may also be accessed on the Citys website—www.citvoftemecula.oro—and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed regarding any item on the agenda, after the posting of the agenda,will be available for public viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street,Temecula,8:00 AM—5:00 PM). In addition,such material may be accessed on the Citys website—www.cityoftemecula.org—and will be available for public viewing at the respective meeting. Ifyou have questions regarding any item on the agenda for this meeting,please contact the Planning Department at the Temecula Civic Center,(951)694-6400. ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING June 20, 2013 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, Director of Community Development PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Community Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number: PA13-0007 Project Type: Minor Conditional Use Permit Project Title: Temecula Korean Adventist Church Applicant: Chang Bou Project Description: A Minor Conditional Use Permit to allow Temecula Korean Adventist to operate a church Location: 42110 Remington Avenue, Suite A Environmental Action: Section 15301, Class 1 Existing Facilities Project Planner: Kenny Taylor ACTION: APPROVED NOTICE TO THE PUBLIC The agenda packet(including staff reports)will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula)after 4:00 PM the Friday before the Director's Hearing. At that time,the agenda packet may also be accessed on the Citys website—www.citvoftemecula.oro—and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed regarding any item on the agenda, after the posting of the agenda,will be available for public viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street,Temecula,8:00 AM—5:00 PM). In addition,such material may be accessed on the Citys website—www.cityoftemecula.org—and will be available for public viewing at the respective meeting. Ifyou have questions regarding any item on the agenda for this meeting,please contact the Planning Department at the Temecula Civic Center,(951)694-6400. ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING June 27, 2013 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, Director of Community Development PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Community Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number: PA13-0104 Project Type: Minor Conditional Use Permit Project Title: Fazeli Cellars Wine Bar Applicant: Nicole Blankenship Project Description: A Minor Conditional Use Permit to allow Fazeli Cellars Wine Bar to conduct indoor live entertainment Wednesday and Thursdayfrom 12 p.m.to 8 p.m., Fridayfrom 12 p.m.to 10 p.m., Saturdayfrom 10 a.m. to 10 p.m., and Sunday 11 a.m. to 6 p.m., closed on Mondays and Tuesdays Location: 41955 Fourth Street, Suite 101 Environmental Action: Section 15301, Class 1 Existing Facilities Project Planner: Kenny Taylor ACTION: APPROVED NOTICE TO THE PUBLIC The agenda packet(including staff reports)will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula)after 4:00 PM the Friday before the Director's Hearing. At that time,the agenda packet may also be accessed on the Citys website—www.citvoftemecula.oro—and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed regarding any item on the agenda, after the posting of the agenda,will be available for public viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street,Temecula,8:00 AM—5:00 PM). In addition,such material may be accessed on the Citys website—www.cityoftemecula.org—and will be available for public viewing at the respective meeting. Ifyou have questions regarding any item on the agenda for this meeting,please contact the Planning Department at the Temecula Civic Center,(951)694-6400. ITEM 4 STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: July 17, 2013 PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application No. PA13-0127, a Minor Conditional Use SUMMARY: Permit for Old Town Pub and Grub, a bona fide eating establishment, to allow for a Type 47 ABC license (on-sale general beer/wine/distilled spirits) and live indoor entertainment at 28677 Old Town Front Street RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Jim Rosa, on behalf of Old Town Pub and Grub General Plan Specific Plan Implementation (SPI) Designation: Zoning Designation: Specific Plan 5 (Old Town), Downtown Core (DTC) Existing Conditions/ Land Use: Site: Existing Commercial Structure / Specific Plan Implementation (SPI) North: Existing Parking Lot, Commercial Structure/Specific Plan Implementation (SPI) South: Third Street, Existing Commercial Structure/Specific Plan Implementation (SPI) East: Existing Commercial Structure / Specific Plan Implementation (SPI) West: Old Town Front Street, Existing Commercial Structure/Specific Plan Implementation (SPI) Existing/Proposed Min/Max Allowable or Required Lot Area: N/A N/A Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A 1 BACKGROUND SUMMARY On May 16, 2013, Jim Rosa, on behalf of the Old Town Pub and Grub restaurant, filed Planning Application No. PA13-0127, a Minor Conditional Use Permit. The application will allow the restaurant to obtain a Type 47 license from the California Department of Alcoholic Beverage Control (ABC) and offer live indoor entertainment. 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 Old Town Pub and Grub is a new bona fide restaurant that proposes to operate out of an existing commercial structure within the Old Town Specific Plan. The restaurant intends to offer their patrons a full alcohol menu with beer, wine, and distilled spirits. This will require a Type 47 license from ABC. Per the Old Town Specific Plan (Table IV: Land Use Matrix), businesses offering alcoholic beverage sales with distilled spirits in Old Town must obtain a Conditional Use Permit (CUP). ABC has indicated that Findings of Public Convenience or Necessity will not be required from the City of Temecula since the business will operate as a bona fide eating establishment. The restaurant will also provide live indoor entertainment. Per the Old Town Specific Plan (Table IV: Land Use Matrix), businesses offering live entertainment must obtain a CUP. The entertainment provided by Old Town Pub and Grub will consist of musicians playing light classic rock, country, and jazz. The entertainment will be provided during the following hours: • Wednesday & Thursday: 7 p.m. to 10 p.m. • Friday& Saturday: 8 p.m. to 12 a.m. The applicant has not proposed any modification to the site or structure as part of this application. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on July 5, 2013 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities). The Minor Conditional Use Permit will allow a new bona fide eating place to obtain a Type 47 license from the California Department of Alcoholic Beverage Control and provide live musical entertainment for its patrons. These uses are common for restaurants will not require modifications to the existing structure or site. No impacts are anticipated. 2 FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. The conditional use will allow a bona fide eating establishment to serve a full alcohol menu and provide live indoor entertainment. These uses are common for restaurants and the Old Town Specific Plan provides provisions to allow for them. Therefore, the proposed conditional use is consistent with the General Plan, Old Town Specific 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. The Minor Conditional Use Permit will allow a new bona fide eating establishment to obtain a Type 47 alcohol license and provide live indoor entertainment. These are common uses for restaurants and several similar establishments are located within close proximity. Therefore, these conditional uses are compatible with the nature, condition and development of adjacent uses, buildings and structures. The Project is not anticipated to adversely affect the adjacent uses, buildings or structures. 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 conditional uses will be housed within and existing commercial structure. Therefore the site 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 and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The application has been reviewed to ensure compliance with the Municipal, Building, and Fire codes. These codes contain provisions to ensure the public health, safety, and general welfare. No impacts are anticipated. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. 3 ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A- Draft Conditions of Approval Statement of Operations Notice of Public Hearing 4 Fs� q C / O s ctc�SST � S� s 5 OOT Ok N ,CD CD 0� �O 6� 0� Project Site o F�� O �O 2 N� SANTIAGO/?D �0G T 9B 0 125 250 500T L V�J� Feet OLD TOWN PUB & GRUB RESTAURANT T.L C.� s y 7 Fffomy XT. xMfl7rCEso C� D '.w°AO'in_wn^^^w^.a M �htlfMM[111f{IWe:NtQS6UBIMML%PC, %y-iie� ^ ���L•� k1J(IVR1.641M'MN[BWGMMAMIW i e7^_m.� .w sxw»imn�.e MUtWISH 606Y�d�MBBOdY(RF Q LODG DATA yyyi�Y it �^.��• v rye ��� ��@E li • ":""+'"+"`,+„W� C TACT INFORMATION 9 =T INDGX 5WARE FOOTAbE: Ii w::. .a'i�•:� .e�nMe neecw wm6,DFLWZPLMI. $ 1 'S�y:::: � nicweTlay. msan. 3 BIk M95]R. .^ _ NR SA1Nfi bY+ii. `M- E�y� PXWSi %I Si R. ®p U[u9 i .-..� 10.'IID SiM6E b'Aii. °ry4 � 9RRVE IW'AFi. t YIfti01Mll]!'Lfi. . .uvwr�.�wi n.n U yy wW�r^^:.... ro., 4.' 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The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 16, 2013, Jim Rosa, on behalf of Old Town Pub and Grub filed Planning Application No. PA13-0127, a Minor 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 July 17, 2013, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA13-0127 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: Minor Conditional Use Permits (Development Code Section 17.04.010) 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 conditional use will allow a bona fide eating establishment to serve a full alcohol menu and provide live indoor entertainment. These uses are common for restaurants and Old Town Specific Plan contains provisions to allow for them. Therefore, the proposed conditional use is consistent with the General Plan, Old Town Specific 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; The Minor Conditional Use Permit will allow a new bona fide eating establishment to obtain a Type-47 alcohol license and provide live indoor entertainment. These are common uses for restaurants and several similar establishments are located within close proximity. Therefore, these conditional uses are compatible with the nature, condition and development of adjacent uses, buildings and structures. The Project is not anticipated to adversely affect the adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The conditional uses will be housed within and existing commercial structure. Therefore the site 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 and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The application has been reviewed to ensure compliance with the Municipal, Building, and Fire codes. These codes contain provisions to ensure the public health, safety, and general welfare. No impacts are anticipated. E. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: 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) The Minor Conditional Use Permit will allow a new bona fide eating place to obtain a Type 47 license from the California Department of Alcoholic Beverage Control and provide live musical entertainment for its patrons. These uses are common for restaurants and will not require modifications to the existing structure or site. No impacts are anticipated. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA13-0127, a Minor Conditional Use Permit for Old Town Pub and Grub, a bona fide eating establishment, to allow for a Type 47 ABC license (on-sale general beer/wine/distilled spirits) and live indoor entertainment at 28677 Old Town Front Street, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 17th day of July, 2013. John Telesio, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 13- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of July, 2013, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA13-0127 Project Description: A Minor Conditional Use Permit for Old Town Pub and Grub, a bona fide eating establishment, to allow for a Type 47 ABC license (on- sale general beer/wine/distilled spirits)and live indoor entertainment at 28677 Old Town Front Street Assessor's Parcel No.: 922-045-033 MSHCP Category: N/A (No New Square Footage/Grading) DIF Category: N/A (No New Square Footage) TUMF Category: N/A (No New Square Footage) Quimby Category: N/A (Non-Residential Project) Approval Date: July 17, 2013 Expiration Date: July 17, 2015 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) 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 Wildlife Code Section 711.4(c)). General Requirements PL-2. The applicant and owner of the real property subject to this condition shall herebyagree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly,from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. 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. PL-5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time,one year at a time. PL-6. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). PL-7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-8. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL-9. The applicant shall comply with their Statement of Operations submitted May 16,2013, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-11. The City, 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 business, a change in scope, emphasis, size of 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, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for anyviolations of the conditions imposed on such Conditional Use Permit or forthe maintenance of any nuisance condition or other code violation thereon. PL-12. 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 maybe obtained through the Temecula Valley Chamber of Commerce (951-676-5090). PL-13. Hours of operation for the live indoor entertainment shall be:Wednesday and Thursday 7 p.m. to 10 p.m. and Friday and Saturday 8 p.m. to 12 a.m. PL-14. All live entertainment shall be conducted indoors. PL-15. All live entertainment must adhere to the City of Temecula Noise Ordinance. OUTSIDE AGENCIES PL-16. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health. FIRE PREVENTION General Requirements F-1. Maximum occupancy load signs shall be posted within the establishment.The occupant load shall not be exceeded during business hours. F-2. Any extension cords shall be of a commercial type and be in good working condition. Extension cords shall not be subjected to physical damage. Extension cords shall be maintained in good condition without splices,deterioration or damage(CFC Chapter 6). BUILDING AND SAFETY B-1. No stage or platform will be constructed on the premises without the approval of the City of Temecula. B-2. No path of egress or component to the means of egress shall be restricted or obstructed. POLICE DEPARTMENT General Requirements PD-1. Applicant has applied for a Type 47 On-Sale, General — Eating Place (Restaurant) license,which authorizes the sale of beer,wine and distilled spirits for consumption on the licensed premises and authorizes the sale of beer and wine for consumption off the licensed premises. Applicant must operate and maintain the licensed premises as a bona fide eating place. Minors are allowed on the premises. PD-2. Applicant shall comply with Temecula Municipal Code Section 9.14.010,Consumption of Alcoholic Beverages in Public Prohibited. PD-3. Applicant must complete a LEAD training either given by the Department of Alcoholic Beverage Control, or an ABC certified equivalent course. PD-4. Applicant shall ensure that no alcohol is sold to, possessed or consumed by any person under the age of 21. PD-5. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d)valid driver's license from anyof the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, County or City agency. PD-6. As noted above,only a valid government issued identification card issued bya Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. PD-7. Sections 24200.5 (b)and 25657 (a) (b) B&P; Rule 143 CCR: Section 303(a) (PC):On- sale licensees may not: (a)employ hosts, hostesses, or entertainers who solicit others to buy them drinks, alcoholic or non-alcoholic; (b) pay or agree to pay such an employee a percentage of the receipts from the sales of drinks solicited; (c) permit any person whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink. PD-8. Type 41, 47 and 49 licensees must operate and maintain their licensed premises as a bona fide eating place. They must make actual and substantial sale of meals, during the normal meal hours that they are open, at least five days a week. Normal meal hours are: breakfast 6:00 a.m. — 9:00 a.m., lunch 11:00 a.m. — 2:00 p.m., and dinner 6:00 p.m. —9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. The premises must be equipped and maintained in good faith. This means the premises must possess working refrigeration and cooking devices, pots, pans, utensils, table service, condiment dispensers, menus, posters, signs, and enough goods to make substantial meals. The premises must comply with all regulations of the local health department. Incidental,sporadic or infrequent sales of meals or a mere offering of meals without actual sales is not compliance. "Meals" means the usual assortment of food commonly ordered at various hours of the day.The service of only sandwiches or salads is not considered compliance. However, certain specialty entrees, such as pizza,fish or ribs,and an assortment of other foods,such as soups, salads or desserts, may be considered a meal. The Department will presume that a licensee is operating as a bona fide eating place if the gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages. 'Prepared" means any processing preliminary to the final serving of food. (Note: Some licensees have a "conditional' license that requires food sales to be 50% or more of the total gross sales Sections 23038 and 23787 B&P). PD-9. Licensees may not sell, give,or deliver alcohol (bythe drink or bythe 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 Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditions(restrictions)as to hours of sale that are stricter than the law. Those licenses are marked "Conditional" (23805 B&P). PD-10. Police officers, sheriff's 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 rightto visit and inspect any licensed premises at anytime 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). PD-11. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and/or(b) has manyongoing crimes inside such as drunks,fights,assaults, prostitution narcotics, etc. The licensed premises area includes the parking lot( Sections 24200 (a) (B&P) and 25601 B&P; 316 PC). PD-12. Applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages are trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all 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. Contact the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. PD-13. Events where entertainment is to be provided must abide bythe following rules: (1) No licensee shall permit any person to perform acts of, or acts which simulate; (a) sexual intercourse, masturbation, sodomy, bestiality,oral copulation,flagellation or anysexual acts which are prohibited by law; (b)the touching, caressing or fondling of the breasts, buttocks, anus or genitals; (c) the displaying of the pubic hair, anus, vulva or genitals; and, (2)Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus(Rule 143.3 CCR. Also violates Section 311.6 PC if conduct is "obscene". PD-14. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one-foot candle illumination at ground level, evenly dispersed. PD-15. All lighting affixed to the exterior of buildings less than 8 feet high shall be vandal resistant. PD-16. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD-17. Upon completion of construction, each building or business shall have an alarm system that is monitored by designated private alarm company to notify the Temecula Police Department of any intrusion.All multi-tenant offices/suites/businesses located within a specific building shall each have their own alarm system. This condition is not applicable if the business is open 24/7. PD-18. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. Statement of Operations *A Detailed description of the equipment proposed for the event Speaker system for band with lighting *Hours and days of operation • 10:30am-12:00am Monday-Sunday • Live entertainment Wednesday&Thursday 7pm-10pm Friday&Saturday 8p m-12am *Numbers of employees 15 *Proposed private security(If required) With entertainment if needed *Estimated number of people in attendance 67 *Total number of parking spaces eliminated for the event None *Indicate if food will be provided Yes *Indicate if alcohol will be provided Yes (Type 47) *Indicate if live entertainment or loud music will be provided Yes-Live indoor entertainment Wednesday&Thursday 7pm-10pm Friday&Saturday 8 m p 12am. Entertainment will consist of live music(light classic rock,country,jazz,) *Indicate all types of structures to be provided (light..tents,signs,fences, etc.) Lights—indoor for the live entertainment *Indicate how many portable restrooms will be provided, if any None *Indicate if ADA(handicap) paths are existing on site Notice of Public Hearing 19R9 A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below. Case No: PA13-0127 Applicant: Jim Rosa, on behalf of Old Town Pub and Grub Proposal: A Minor Conditional Use Permit for Old Town Pub and Grub, a bona fide eating establishment, to allow for a Type 47 ABC license (on-sale general beer/wine/distilled spirits) and live indoor entertainment at 28677 Old Town Front Street. Environmental: 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 adopted in compliance with CEQA (Section 15301, Class 1, Existing Facilities) Case Planner: Eric Jones, (951) 506-5115 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: July 17, 2013 Time of Hearing: 6:00 p.m. P 4 Project Site ° The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the Citys website — www.citvoftemecula.org. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.org — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400. ITEM 5 STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: July 17, 2013 PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application No. PA13-0135, a Minor Conditional Use SUMMARY: Permit to allow The Gifting Group to obtain Type 9,14,17 and 20 ABC licenses that will authorize the sale of alcoholic beverages in gift baskets that will be packaged at their existing facility located at 42210 Zevo Drive RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Greg A. Stringer, on behalf of Roberto D. Lewis General Plan Industrial Park (IP) Designation: Zoning Designation: Light Industrial (LI) Existing Conditions/ Land Use: Site: Existing Industrial Structure/Industrial Park (IP) North: Zevo Drive, Existing Industrial Structure/Industrial Park (IP) South: Existing Industrial Structure/Industrial Park (IP) East: Existing Industrial Structure/Industrial Park (IP) West: Existing Industrial Structure/Industrial Park (IP) Existing/Proposed Min/Max Allowable or Required Lot Area: N/A N/A Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A 1 BACKGROUND SUMMARY On May 22, 2013, Greg Stringer submitted Planning Application No. PA13-0135. The application is for a Minor Conditional Use Permit to allow the Gifting Group to sell gift baskets off-site that contain beer or wine. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The Gifting Group is company operating out of an existing structure within a Light Industrial zoning district. The company would like to expand its gift basket product line by offering customers an opportunity to purchase gift baskets containing beer or wine. The company's products are offered wholesale. At no time will beer or wine be offered for walk-in purchase nor will these beverages be opened and offered for consumption. Per the City of Temecula Development Code (17.10.020.13), facilities offering alcoholic beverage sales shall require the approval of a Conditional Use Permit. The Gifting Group is seeking several licenses from the California Department of Alcoholic Beverage Control (ABC). These licenses include Type 9 (Beer and Wine Importer), Type 14 (Public Warehouse), Type 17 (Beer and Wine Wholesaler), and Type 20 (Off-Sale Beer and Wine). ABC has indicated that findings of Public Convenience or Necessity will not be necessary for this project since the applicant is not operating a retail business. The applicant is not proposing any modifications to the existing site or structure. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on July 5, 2013 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review. The Minor Conditional Use Permit will allow for a wholesale gift basket company to offer customers the option of adding beer and wine with their gift baskets. The applicant has proposed no changes to the existing structure or site as part of the application. The Minor Conditional Use involves a negligible expansion of an existing use. FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. The Minor Conditional Use Permit will allow for the wholesale distribution of gift baskets containing beer and wine. The City of Temecula Development Code (Section 17.10.020.8.3) indicates that businesses selling alcohol must obtain a Conditional Use Permit. The project therefore is consistent with the General Plan and Development Code. 2 The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The use is located within a Light Industrial(LI) zoning district. Wholesale uses are common with Ll zones. Therefore the use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the development code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The applicant has proposed no changes to the site or structure of the existing business as part of the Conditional Use Permit application. The site will remain 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 and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The application has been reviewed and conditioned to ensure compliance with the Building, Fire, and Development codes. These codes contain provisions designed to provide for the public health, safety, and general welfare. No impact to the public health, safety, or general welfare is anticipated. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to conditionally approve the application was based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A- Draft Conditions of Approval Statement of Operations Notice of Public Hearing 3 % « . y R-, � ƒ �e y , Project Site ? 7 2 ± \ y» � � ! y "IJA: ¢ FAN, ) � & . , AOA- APPLiCANi MIMEM CULA C0.CYP LLC \. 1CIEVOCR l3lBC \\I FAX: 1B611 300 U810 Y€L'Fo`i`i°of ov kxex .m wq un .n. r�ueurm 1 At At- It mom.. -- ..a... Ir' r..wa lm.n.r.e.a. rr+ Y_ w w-- u4r� Www✓ '1 W tL Ant+ r +..a.n v —5lctloN r O µ ' r v .wawur am ~•" I I 1 I I M� 'z:, ,"LVL'• .�. � I I I 1 I I I - � I I e 1 I T I alw.axuniuYn APPLICANT. nu ' .rya OY®W BOBN TXE GIFTING GROUP LLC"10 I r.w ao _... s-.r M p IG AWN IFMMPI TEL ZEVO GR YENECU4 OA PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0136, A MINOR CONDITIONAL USE PERMIT TO ALLOW THE GIFTING GROUP TO OBTAIN TYPE 9, 14, 17, AND 20 ABC LICENSES THAT WILL AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES IN GIFT BASKETS THAT WILL BE PACKAGED AT THEIR EXISTING FACILITY LOCATED AT 42210 ZEVO DRIVE (APN 909-360-034) Section 1 . Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 22, 2013, Greg A. Stringer, on behalf of Robert D. Lewis, filed Planning Application No. PA13-0135, a Minor 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 July 17, 2013, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA13-0135 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: Conditional Use Permit (Development Code Section 17.04.010) 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 Minor Conditional Use Permit will allow for the wholesale distribution of gift baskets containing beer and wine. The City of Temecula Development Code (Section 17.10.020.8.3) indicates that businesses selling alcohol must obtain a Conditional Use Permit. The project therefore is consistent 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; The use is located within a Light Industrial (LI) zoning district. Wholesale uses are common with LI zones. Therefore the 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. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The applicant has proposed no changes to the site or structure of the existing business as part of the Conditional Use Permit application. The site will remain 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 and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The application has been reviewed and conditioned to ensure compliance with the Building, Fire, and Development codes. These codes contain provisions designed to provide for the public health, safety, and general welfare. No impact to the public health, safety, or general welfare is anticipated. E. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to conditionally approve the application was based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301 , Class 1 Existing Facilities); The Minor Conditional Use Permit will allow for a wholesale gift basket company to offer customers the option of adding beer and wine with their gift baskets. The applicant has proposed no changes to the existing structure or site as part of the application. The Minor Conditional Use involves a negligible expansion of an existing use. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA13-0135, a Minor Conditional Use Permit to allow The Gifting Group to obtain Type 9, 14, 17 and 20 ABC licenses that will authorize the sale of alcoholic beverages in gift baskets to be packaged at their existing facility located at 42210 Zevo Drive, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 17th day of July, 2013. John Telesio, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 13- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of July 2013, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA13-0135 Project Description: A Minor Conditional Use Permit to allow The Gifting Group to obtain Type 9, 14, 17 and 20 ABC licenses that will authorize the sale of alcoholic beverages in gift baskets that will be packaged at their existing facility located at 42210 Zevo Drive Assessor's Parcel No.: 909-360-034 MSHCP Category: N/A (No New Square Footage / Grading) DIF Category: N/A (No New Square Footage) TUMF Category: N/A (No New Square Footage) Quimby Category: N/A (Non-Residential) Approval Date: July 17, 2013 Expiration Date: July 17, 2015 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) 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 Wildlife Code Section 711.4(c)). General Requirements PL-2. The applicant and owner of the real property subject to this condition shall herebyagree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly,from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. 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. PL-5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time,one year at a time. PL-6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-7. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL-8. The applicant shall comply with their Statement of Operations submitted on May 22, 2013, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-10. The City, 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 business, a change in scope, emphasis, size of 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, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for anyviolations of the conditions imposed on such Conditional Use Permit or forthe maintenance of any nuisance condition or other code violation thereon. OUTSIDE AGENCIES PL-11. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health. POLICE DEPARTMENT General Requirements PD-1. Applicant has applied for a Type 9 ABC License (Beer&Wine Importer)this license is only issued to a person who holds another type of license which permits the sale of beer and wine for resale. This license has no sale privileges. It only permits the holder to import and export alcoholic beverages and to transfer the beverages to him/herself under another license (Section 23374). Type 14 ABC License (Public Warehouse) A public warehouse license is required for a warehouseman who provides warehouse service for alcoholic beverage licensees. This is distinguished from private warehouse permits, where a licensee has a leasehold or ownership interest and provides his/her own help at a premises other than that where licensed. The Act defines a public warehouse as "...any place licensed for the storage of, but not for sale of, alcohol, or alcohol beverages,for the account of others licensees..." (Section 23036 and 23375). A public warehouse is one of the types of premises to which imports may come to rest (Section 23661). It is also one of the types of premises from which a distilled spirits wholesaler may make deliveries if it is in the county where he/she is licensed(Section 23355.1). Type 17 ABC License (Beer& Wine wholesaler) The following pertains to beer and wine wholesalers generally. This permits incidental sales to other supplier- type licensees. However, to qualify as a bona fide wholesaler, a licensee must sell to retailers generally (Section 23779). Type 20 ABC license (Off-Sale Beer & Wine) package store-authorizes the sale of beer & wine for consumption off the premises where sold, minors are allowed on the premises. PD-2. Applicant shall ensure that no alcohol is sold to, possessed orconsumed byany person under the age of 21. PD-3. Police officers, sheriff's 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 rightto visit and inspect any licensed premises at anytime 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). PD-4. 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. Contact the Crime Prevention and Plans Unit at(951)506-5131 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training conducted when new employees/management are hired. PD-5. Any public telephones located on the exterior of the building shall 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. PD-6. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5131. The Gifting Group LLC 42210 Zevo Drive Temecula,CA 92590 Tel: (951)296-0310 Fax: (951)296-0610 SECTION I.STATEMENT OF OPERATIONS o Detailed description of the equipment proposed for the event: The Gifting Group will hand assemble gourmet gift baskets utilizing a Powered Conveyor. The powered conveyors will allow us to control the speed while adding components to each gift. Any gift baskets containing beer or wine will be added at this time. The gifts will then be sealed in plastic with an L-bar Sealer, heat shrinked with a Heat Tunnel/Blower and then packed in a shipping carton. o Hours and days of operation: Hours and days of operation are Monday through Friday from 8am to 5pm. o Number of employees: The number of employees ranges from 8—10. o Proposed private security(if required): No private security is necessary for this project. o Estimated number of people in attendance: There will be no people in attendance since this is a wholesale operation and gifts will be shipped offsite. o Total number of parking spaces eliminated for the event: There will be no parking spaces eliminated since the existing warehouse will be used for this project. o Indicate if food will be provided: No food will be provided since this is not a public project and there will be no attendees. o Indicate if alcohol will be provided: Beer and wine will be provided in the gift baskets and sold wholesale. Beer and wine will not be offered for walk-in purchases nor will it be opened and offered for consumption. o Indicate if live entertainment of loud music will be provided: No live entertainment of any music will be provided. o Indicate all types of structures to be provided (lights,tents,signs,fences,etc.): Structure is an existing concrete tilt up industrial building. o Indicate how many portable restrooms will be provided,if any: No portable restrooms will be necessary since this project will have no attendees and the current restrooms are adequate for employees. o Indicate if ADA(handicap) paths are existing on-site: Existing facility is handicap equipped and meets all handicap requirements. Notice of Public Hearing 19R9 A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below. Case No: PA13-0135 Applicant: Greg A. Stringer on behalf of Roberto D. Lewis Proposal: A Minor Conditional Use Permit to allow The Gifting Group to obtain Type 9,14,17 and 20 ABC licenses that will authorize the sale of alcoholic beverages in gift baskets that will be packaged at their existing facility located at 42210 Zevo Drive Environmental: 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 adopted in compliance with CEQA (Section 15301, Class 1 Existing Facilities) Case Planner: Eric Jones, (951) 506-5115 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: July 17, 2013 Time of Hearing: 6:00 p.m. Project Site The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the Citys website — www.citvoftemecula.org. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.org — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400. CVProgram Files(x86)ANeevia.Com0ocument ConverterAtempA4709 doc ITEM 6 STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: July 17, 2013 PREPARED BY: Kenny Taylor, Case Planner PROJECT Planning Application No. PA13-0072, a Major Modification for SUMMARY: McDonald's Restaurant to enhance the building exterior facades, change the exterior colors, reconfigure the drive-thru facility, relocate a cellular telecommunication facility, relocate the trash enclosure, and reduce parking spaces for additional landscaped areas at 31853 Temecula Parkway (Vail Ranch Shopping Center) RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Jessica Steiner General Plan Community Commercial (CC) Designation: Zoning Designation: Community Commercial (CC) Existing Conditions/ Land Use: Site: Vail Ranch Shopping Center/Community Commercial (CC) North: Existing office/retail plaza/Highway Tourist Commercial (HT) South: Commercial retail (existing Vail Ranch Shopping Center) /Community Commercial (CC) East: Commercial retail (existing Vail Ranch Shopping Center) /Community Commercial (CC) West: Commercial retail (existing Vail Ranch Shopping Center) /Community Commercial (CC) Existing/Proposed Min/Max Allowable or Required Lot Area: 0.83 acres N/A Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: 20% existing/ 20% required 22% proposed 1 Parking Required/Provided: 36 existing/ 32 proposed 53 spaces required spaces on-site plus shared parking with the Vail Ranch Shopping Center BACKGROUND SUMMARY On March 27, 2013, Jessica Steiner submitted Planning Application No. PA13-0072. The applicant is requesting approval of a Major Modification for McDonald's Restaurant to enhance the building exterior facades, change the exterior colors, reconfigure the drive-thru facility, relocate a cellular telecommunication facility, relocate the trash enclosure, and reduce parking spaces for additional landscaped areas at 31853 Temecula Parkway (Vail Ranch Shopping Center). 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 site is currently developed with a McDonald's restaurant, drive-thru facility, telecommunication tower facility, parking lot area, and drive aisles within the Vail Ranch Shopping Center. The new site plan will reconfigure the drive-thru facility into two vehicle lanes, and relocate the existing 35-foot flag pole cellular telecommunication facility, and relocate trash enclosure into the parking lot area resulting in the reduction of four off-street parking spaces. The proposed parking reduction would accommodate the reconfigured drive-thru facility including the relocation of a cellular telecommunication facility with supporting equipment and trash enclosure surrounded by adequate screening of additional landscaped planters. Architecture The building will be modified to include decorative architectural features consistent with the company's modernization plan to revamp the existing restaurant to a modern and stylistic design and image. The proposed McDonald's materials and colors are similar to other locations of the restaurant chain, and will maintain a similar architectural style to the existing Vail Ranch Shopping Center. The building's architectural features include aluminum canopies, trellis, roof caps, wall offsets, and metal sliding patterns applied on the upper wall planes and parapets. The building facade walls consist of an existing plaster stucco finish with the proposed colors of snow white, palm desert, desert view, and yellow accents highlighting certain design features. Overall, the building design and color scheme will complement the existing buildings of the shopping center. No expansion of the building area is proposed. Landscaping A total of 7,875 square feet of landscaping will be provided, this accounts for 22% of the total property area. The conceptual plan will include a landscaping renovation consisting of existing shade and ornamental trees, shrubs, and groundcover to the site perimeter, and additional planting within the parking lot area, adequately screening the drive-thru facility, cellular telecommunication facility, and trash enclosure. The existing landscaping planting species includes New Zealand Flax, Fortnight Lily, California Pepper, in addition to a proposed new Tuckeroo Tree. As designed, the proposed landscaping will enhance the existing site. 2 Access/Circulation The primary vehicular driveway access to the restaurant is from Temecula Parkway, including a secondary internal drive lane from Country Glenn Way continuing to Margarita Road. Vehicular access to the drive-thru will remain at the side and rear of the McDonald's restaurant by incorporating two vehicle lanes within a portion of the site before merging into one lane for payment and food pick-up. The existing restaurant site is part of the Vail Ranch Shopping Center that shares reciprocal parking and access. A parking ratio of 1 space per 75 square feet of building area for the existing fast food restaurant is required by Section 17.24.040 (Parking Requirements) of the Municipal Code. The site currently has 36 existing parking spaces. As a result of modifications to the site plan the applicant is proposing 32 parking spaces onsite plus additional shared spaces within the Vail Ranch Shopping Center, thereby satisfying off-street parking requirements. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on July 5, 2013 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act (CEQA), the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities). The project will allow for a renovation of the exterior building facades, a change of exterior building colors, reconfiguration of the drive-thru facility, relocation of a cellular telecommunication facility, relocation of trash enclosure, and reduction of parking spaces for additional landscaped areas. Consistent with CEQA Section 15301, the proposed project involves negligible expansion and minor alteration of the existing building. Therefore, no further environmental review is necessary. FINDINGS The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements for State law and other Ordinances of the City. The project will allow for renovations of exterior building facades, change of exterior colors, reconfiguration of the drive-thru facility, relocation of a cellular telecommunication facility, relocation of the trash enclosure, and reduction of parking spaces for additional landscaped areas. All uses for the project will remain consistent with those allowed in the City of Temecula Development Code for Community Commercial (CC) zoning district. Therefore, the use will be in conformance with City of Temecula General Plan and with all requirements of State law and other Ordinances of the City. The overall development of the land is designed for the protection of the public health, safety, and general welfare. 3 The project is in conformance with all requirements of the Development Code, Fire Code, and Building Code, which contain provisions to ensure the protection of the public health, safety, and general welfare. Therefore, the project is not anticipated to have a negative impact to the public health, safety, and general welfare. ATTACHMENTS Aerial Map Plan Reductions Resolution Exhibit A- Draft Conditions of Approval Notice of Public Hearing 4 City of Temecula 71 r * ' Project Site = .40 IL 0 50 100 200 Feet This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County.The City of Temecula assumes no warranty or legal responsibility for the information contained on this map.Data and information represented on this map '•^^ are subject to update and modification.The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale. O F+romn.. Twneyh PaMwey M � t I I � � _ I G 1 - - I McDonald's 004-1941 8a at ng Site Plan B�cgac UrroMwoon „h,• te •; ,,�,'m„�;;ba 31853 Temecula Pukway itmu Temecula,California L :Z ..'.�.......+.....n...._w.\\\ L` � :.gym - ...........� ..x._. �«. �. v...._._...�.....�.... "" McDonald's 004-1941 P o V-Wa �n M B1CReL LJNDERWOOD ow Site 31853 Temecula Pa&way J—K.1 Temecula California `sia+fi.e_-c_s:sxau.:m- Proposed Elevations 31853 Temecula Parkway Temecula, California 004-1941 wa Scale: 1/4" = 1' `. play- -_ w Palm Desert Color Scheme V-[- Materials Legend w.,.om. UBeNamin Moore-BM-1123-"Palm OeseR BeNamin Moore-BM-108.'Oxcart Vie W' _ L BeNemin Moore-#2122-TO-'Snow White' L]Canopy(Metal)-Pamone 123 Aluminum Trellis IMeta'(0op,ng) South - Entry Elevation East - Non-DR Elevation Applicant BUel Underwood 3600 BirM Street.Suite 120,Newport Beach.CA-949]5].0411-Alto:Ron Underwood x I 7" 7�-: -- West - D/T Elevation P11w South East 71 Fl na U1 @. w North West Trash Enclosure Elevations North - Rear Elevation ... ....:.. ... .. .. .. .... ....... .. .. .... u . E 8t `° " ,e�e,.�R u65 LQUS� �. '* ° existing McDonalds " h;ei I a with play place ® p ME LM�TED.,a n �T4wTl ws I ues Le �Itlrl Y vrvEaraiwresc a ® ,.eSear I I r ■�eo.,e..w"�"� saq^sero w ea.ov m...�,a.=�w.w Planting Plan n ® O even... SOME IW-Veven O w HLflM PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0072, A MAJOR MODIFICATION FOR MCDONALD'S RESTAURANT TO ENHANCE THE BUILDING EXTERIOR FACADES, CHANGE THE EXTERIOR COLORS, RECONFIGURE THE DRIVE-THRU FACILITY, RELOCATE A CELLULAR TELECOM- MUNICATION FACILITY, RELOCATE THE TRASH ENCLOSURE, AND REDUCE PARKING SPACES FOR ADDITIONAL LANDSCAPED AREAS AT 31853 TEMECULA PARKWAY (VAIL RANCH SHOPPING CENTER) (APN 961-080-007) Section 1 . Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 27, 2013, Jessica Steiner filed Planning Application No. PA13- 0072 Major Modification 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 July 17, 2013, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA13-0072 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: Modification Permits (Development Code Section 17.05.030E) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The project will allow for renovations of exterior building facades, change of exterior colors, reconfiguration of the drive-thru facility, relocation of a cellular telecommunication facility, relocation of the trash enclosure, and reduction of parking spaces for additional landscaped areas. All uses for the project will remain consistent with those allowed in the City of Temecula Development Code for Community Commercial (CC) zoning district. Therefore, the use will be in conformance with City of Temecula General Plan and with all requirements of State law and other Ordinances of the City. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The project is in conformance with all requirements of the Development Code, Fire Code, and Building Code, which contain provisions to ensure the protection of the public health, safety, and general welfare. Therefore, the project is not anticipated to have a negative impact to the public health, safety, and general welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Major Modification Application: 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); The project will allow for a renovation of the exterior building facades, a change of exterior building colors, reconfiguration of the drive-thru facility, relocation of a cellular telecommunication facility, relocation of trash enclosure, and reduction of parking spaces for additional landscaped areas. Consistent with CEQA Section 15301, the proposed project involves negligible expansion and minor alteration of the existing building. Therefore, no further environmental review is necessary. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA13-0072, a Major Modification for McDonalds Restaurant to enhance the building exterior facades, change the exterior colors, reconfigure the drive-thru facility, relocate a cellular telecommunication facility, relocate the trash enclosure, and reduce the parking spaces for additional landscaped areas at 31853 Temecula Parkway (Vail Ranch Shopping Center), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 17th day of July, 2013. John Telesio, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 13 - was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of July, 2013, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBITA CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA13-0072 Project Description: A Major Modification for McDonald's Restaurant to enhance the building exterior facades, change the exterior colors, reconfigure the drive-thru facility, relocate a cellular telecommunication facility, relocate the trash enclosure, and reduce parking spaces for additional landscaped areas at 31853 Temecula Parkway (Vail Ranch Shopping Center) Assessor's Parcel No.: 961-080-007 MSHCP Category: Exempt (No New Square Footage/Grading) DIF Category: Exempt (No New Square Footage) TUMF Category: Exempt (No New Square Footage) Quimby Category: Exempt (non-residential project) Approval Date: July 17, 2013 Expiration Date: July 17, 2015 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) 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 Wildlife Section 711.4(c)). General Requirements PL-2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. 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 years period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-6. A separate building permit shall be required for all signage. PL-7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-8. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL-9. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL-10. The applicant shall paint a three-foot by three-foot section of the building for Planning Department inspection, prior to commencing painting of the building. PL-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. PL-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 staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the 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. MATERIAL COLOR Main Wall "Desert VievJ' (Benjamin Moore #108) Accent Wall "Palm Desert" (Benjamin Moore#1123) Accent Columns "Snow White" (Benjamin Moore#2122- 70) Aluminum Trellis Uncoated aluminum Metal Canopy Pantone (#123) PL-13. Solid covered trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL-14. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Planning Director. PL-15. The applicant shall comply with their Statement of Operations dated March 27, 2013, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-16. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. PL-17. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, and on-site lighting shall be maintained by the property owner or maintenance association. PL-18. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. Prior to Issuance of Building Permit(s) PL-19. 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. PL-20. All downspouts shall be internalized. PL-21. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, and hardscape) to match the style of the building subject to the approval of the Planning Director. PL-22. The developer shall provide the Planning Department verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-23. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of- ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Planning Director. PL-24. 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 Planning Director. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL-25. Performance securities, in amounts to be determined by the Planning Director, 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 Planning Director, the bond shall be released upon request by the applicant. PL-26. 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." PL-27. 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. PL-28. All site improvements including but not limited to parking areas and striping shall be installed. PL-29. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DEPARTMENT General Conditions B-1. Final Building and Safety conditions will be addressed when building plans are reviewed and submitted to Building and Safety. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are in force at the time of building plan submittal. B-2. All design components shall comply with applicable provisions of the 2010 edition of the California Building, Plumbing and Mechanical Codes; 2010 California Electrical Code; California Administrative Code,2010 California Energy Codes, 2010 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. B-3. 2010 California Green Building Standards Provide 10% Voluntary Measures on project. B-4. Provide details of all applicable disabled access provisions and building setbacks on plans. B-5. Provide van accessible parking located as close as possible to the main entry. B-6. Show path of accessibility from parking to furthest point of improvement. B-7. Show path of travel from public right way to all public areas on site ( club house, trash enclose tot lots and picnic areas B-8. Submit at time of plan review, a complete exterior site lighting plan showing compliance with Ordinance Number 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 aimed not to shine directly upon adjoining property or public rights-of-way. B-9. 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. B-10. Obtain all building plans and permit approvals prior to commencement of any construction work. B-11. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-12. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Friday from 7:00 a.m. to 6:30 p.m., and Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. B-13. The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. B-14. Provide an approved automatic fire sprinkler system. B-15. 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 how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal B-16. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-17. Provide a Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2010 edition of the California Building Code. B-18. Provide precise grading plan to verify accessibility for persons with disabilities. B-19. Provide truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Building Permit(s) B-20. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-21. A pre-construction meeting is required with the building inspector prior to the start of the building construction. POLICE DEPARTMENT General Requirements PD-1. Applicant shall ensure any landscaping surrounding buildings is kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to prevent would-be intruders from breaking into the buildings utilizing lower level windows. PD-2. Applicant shall ensure any trees surrounding building rooftops be kept at a distance to prevent roof accessibility by would-be burglars. Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. PD-3. Any berms shall not exceed three feet in height. PD-4. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. PD-5. All exterior lighting shall be in compliance with Riverside Mount Palomar Lighting Ordinance 655, low pressure sodium lighting preferred. PD-6. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one-foot candle illumination at ground level, evenly dispersed. PD-7. All lighting affixed to the exterior of buildings less than 8 feet high shall be vandal resistant. PD-8. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD-9. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696-HELP. PD-10. Upon completion of construction, each building or business shall have an alarm system that is monitored by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi-tenant offices/suites/businesses located within a specific building shall each have their own alarm system. This condition is not applicable if the business is open 24/7. PD-11. Any roof hatches shall be painted "International Orange." PD-12. Any public telephones located on the exterior of the buildings shall be placed in a well-lit, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. PD-13. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. PD-14. Penal Code Section 490.5 affords merchants the opportunity to recover their losses through a civil demand program. The text of this section of the penal code can be found at: http://wvvw.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001- 01000&fi Ie=484-502.9. PD-15. Employee training regarding credit cards, theft, citizens' arrest procedures, personal safety, business security or any other related crime prevention subject is available free of charge through the Crime Prevention Unit. To schedule an appointment call (951) 506-5131. PD-16. The Crime Prevention and Plans Unit of the Temecula Police Department offers free business security surveys, to schedule an appointment contact the unit at (951) 506- 5131. PD-17. The Temecula Police Department affords all retailers the opportunity to participate in the "Inkless Ink Program." At a minimal cost for inkless inkpads, retailers can take a thumbprint of every customer using a personal check to pay for goods or services. A decal is also posted on the front entry of the business advising customers of the "Inkless Ink Program" in use. If the business becomes a victim of check fraud, the Police Department will be able to track the suspect with the thumbprint. PD-18. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be aware of the risk of detection and possible intervention. Windows and clear lines-of-sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. PD-19. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5131. PUBLIC WORKS DEPARTMENT No conditions FIRE PREVENTION No conditions Notice of Public Hearing 1989 , .. A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA13-0072 Applicant: Jessica Steiner Proposal: A Major Modification for McDonald's Restaurant to enhance the building exterior facades, change the exterior colors, reconfigure the drive-thru facility, relocate a cellular telecommunication facility, relocate the trash enclosure, and reduce parking spaces for additional landscaped areas at 31853 Temecula Parkway (Vail Ranch Shopping Center) Environmental: 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 adopted in compliance with CEQA (Section 15301, Class 1 Existing Facilities) Case Planner: Kenny Taylor, (951) 240-4203 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: July 17, 2013 Time of Hearing: 6:00 p.m. �fGJJ� Project Site 9 o ix zso soo i �t Notice of Public Hearing The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.citvoftemecula.org. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.citvoftemecula.org — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400. ITEM 7 STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: July 17, 2013 PREPARED BY: Kenny Taylor, Case Planner PROJECT Planning Application Number No. PA12-0178, a Development Plan SUMMARY: to construct a 29,211 square foot, two-story professional office building located on the west side of Avenida de Missiones, approximately 200 feet south of Temecula Parkway RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15332, Class 32 In-Fill Development Projects PROJECT DATA SUMMARY Name of Applicant: Michael Bastian General Plan Professional Office (PO) Designation: Zoning Designation: Professional Office (PO) Existing Conditions/ Land Use: Site: Vacant 1.48 acre parcel/Professional Office (PO) North: Existing Altura Credit Union/Professional Office (PO) South: Existing St. Thomas Episcopal Church/Professional Office (PO) East: Existing single-family homes/Low Medium Density Residential (LM) West: Existing Temecula Creek Village Condos/Temecula Creek Village/Professional Office (PO) Existing/Proposed Min/Max Allowable or Required Lot Area: 1.48 acres 40,000 square feet (0.91 acres) Total Floor Area/Ratio: 0.45 FAR proposed 0.50 FAR target Landscape Area/Coverage: 26% proposed 25% minimum required Parking Required/Provided: 80 spaces provided 75 spaces required 1 BACKGROUND SUMMARY On June 18, 2008, the Planning Commission approved PA06-0178, a Development Plan allowing the construction of a 29,211 square foot, two-story professional office building on a 1.48 acre parcel. Based on the Conditions of Approval, the Development Plan (PA06-0178) is valid for a period of two years from the date of approval. However, construction never commenced due to changes in the economy. Prior to the expiration of the two-year period, the applicant could request a one-year extension of time. Under the City's Development Code, a maximum of three (3) one-year extension of time requests are permitted upon approval of the Planning Director. The applicant applied and received approval for the first extension of time (PA10-0160) on July 6, 2010; however, a second extension of time was not filed by the applicant for PA06-0178 which expired on June 18, 2011. The applicant is seeking re-approval of the previously approved Development Plan with no modifications to the project. 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 proposed 29,211 square foot, two-story professional office building is located in the Professional Office zoning district on the west side of Avenida de Missiones, approximately 200 feet south of Temecula Parkway. The front entry of the building faces east onto Avenida de Missiones. The site plan layout has been designed with the proposed building set back approximately 85 feet from the front property line. Eighty parking spaces are being provided on- site, including four motorcycle spaces, four handicap accessible parking spaces and two loading spaces. The number of parking spaces provided (80 spaces) exceeds the number of parking spaces that are required (75 spaces) by the Development Code's parking standards. The proposed floor area ratio for the proposed building is 0.45, which is below the target floor area ratio of 0.50 for projects in the Professional Office zoning district. An outdoor employee break area is proposed to be located on the south side of the project site. The employee break area is enhanced with decorative outdoor furniture and ornamental concrete paving. Matching ornamental concrete paving is also proposed to be installed at the front and rear of the building to highlight the building's entryways. The project includes a bench, which is provided at the front of the building, and a bike rack, which is to be located under the wooden trellis structure on the north side of the building. The trash enclosure has been placed at the rear of the parcel and has been designed to coordinate with the primarily building's colors and materials. The site plan also includes a hammerhead turn around located on the west side of the project site behind the proposed building. This hammerhead turf-block feature was added to the site plan to accommodate the Fire Department truck turn-around requirements. A turf-block is being proposed due to the fact that the turn-around is located adjacent to St. Thomas Episcopal Church's future outdoor sport courts. This turf area will act as a buffer between the parking area for the proposed office project and the future St. Thomas Episcopal Church's outdoor sports court/recreation area. 2 Architecture Staff and the applicant have worked closely together to achieve an architectural design that ensures consistency with the surrounding development and meets the requirements of the Citywide Design Guidelines and Development Code. The proposed office building will abut both the existing St. Thomas Episcopal Church and Altura Credit Union properties. The buildings on St. Thomas Episcopal Church's site replicate a Spanish Colonial architectural style, and the existing Altura's Credit Union building reflects a Mediterranean style. The architectural style for the proposed Gateway Plaza office building reflects a Mission-inspired architectural style complete with a smooth stucco finish, Spanish roof tiles, exposed wooden rafter tails, decorative wrought iron faux-balcony elements, and brightly colored Spanish tile accents. Roofline variation has been achieved through the use of varying parapet heights and contrasting roof materials. The cornice elements enhance the parapet walls and give the roofline a refined appearance, and a prominent turret element emphasizes the front entry of the building. The building is further enhanced with a circular glass atrium element, "old-world" inspired light fixtures and ornately detailed Spanish tile accents. The decorative light fixtures utilized at the building entries coordinate with the wrought iron balcony elements on the second story of the building. The heavy wooden doors located at both the front and rear entryways coordinate with the exposed wooden rafter tails along the roofline, and wooden trellis features add additional interest to the north and south elevations. Arched windows have been utilized to break up the wall plane and add to the distinct Mission architectural style. Landscaping Approximately 26% (16,680 square feet) of the project site will be landscaped, which exceeds the 25% minimum landscape requirement for projects located in the Professional Office zoning district. The on-site landscaping is largely confined to the east and west perimeter property lines, with other planter areas adjacent to the building exterior elevations, and parking lot. Plantings along the perimeter of the site include Pink Flowering Chitalpa, Red Crepe Myrtle, African Sumac, Spanish Lavender, Purple Needle Grass, and Autumn Sage. Along the southern property line, Pink Flowering Chitalpa and African Sumac shaded trees are proposed, including a cluster mix of California Coffeeberry, Autumn Sage, Purple Needle Grass, and Spanish Lavender shrubs. All landscaped areas have attractive ground covers and decorative grasses. Access/Circulation There are two proposed points of vehicular access onto the project site. The first point of access is proposed to be taken off of Avenida de Missiones from an existing 24-foot reciprocal drive aisle located on the north side of the property adjacent to Altura Credit Union. The second point of access is proposed to be taken from a 24-foot drive aisle located adjacent to St. Thomas Episcopal Church's southern property line. This access point will be constructed as a shared driveway between the two properties. The proposed office building has been situated in the center of the parcel to ensure cross-lot vehicular and pedestrian access along the front property lines of Parcel 1 (Altura Credit Union), Parcel 2 (proposed professional office building), and Parcels 3-5 (St. Thomas Episcopal Church), as consistent with the cross-lot access agreement. Two rows of parking stalls are proposed at the front of the building and will be screened with a combination of trees, shrubs and ground cover. A turfblock hammerhead is being provided on the west side of the property at the rear of the project site to ensure adequate access for emergency vehicles. The City of Temecula Fire Prevention Bureau reviewed the 3 proposed site plan and on-site circulation proposal and has determined that the on-site circulation is adequate. On-site pedestrian circulation is being provided along the entire perimeter of the proposed office building to provide for safe on-site access from the surrounding parking areas into the office building. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on July 5, 2013 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act (CEQA), the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, Class 32 In-Fill Development). The proposed project is for the construction of a two-story, 29,211 square foot professional office building on an existing parcel totaling 1.48 acres. The project is consistent with the applicable General Plan and zoning designations and policies. The site is primarily developed with service from all required utilities and public services. The proposed project meets the CEQA exemption criteria, therefore no further environmental review is necessary. FINDINGS The proposed use is in conformance with the General Plan for the City of Temecula and with all applicable requirements of State law and other ordinances of the City. The proposed Development Plan for the 29,211 square foot, two-story office building is consistent with the General Plan for the City of Temecula. The proposed project is located within the Professional Office (PO) land use designation and according to the General Plan, this land use designation includes low-rise single or multi-tenant offices situated in landscaped garden arrangements. The General Plan also indicates that typical uses in the Professional Office land use designation include legal, design, engineering, medical, corporate and governmental office users. The proposed project is a low-rise multi-tenant office building. The users are anticipated to be general office type uses consistent with the typical users anticipated by the General Plan. The proposed project is located within the Professional Office zoning district and is consistent with all Development Code requirements and Development Standards for projects located in this zone. The overall development of the land is designated for the protection of the public health, safety and general welfare. The project is in conformance with all requirements of the Development Code, Fire Code, and Building Code, which contain provisions to ensure the protection of the public health, safety, and general welfare. Therefore, the project is not anticipated to have a negative impact to the public health, safety, and general welfare. 4 ATTACHMENTS Aerial Map Plan Reductions Resolution Exhibit A- Draft Conditions of Approval Notice of Public Hearing 5 City of Tem ecu a PA12-0178 • v - Project Site ION�. ' Wr r r n y w x ' Nowa pF�R�Ec oL _ This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessor's Aerial March 2012 Department and the Transportation and Land Management Agency of Riverside County.The City of Temecula assumes no warranty or legal responsibility for the information contained on this map.Data and information represented on this map are subject to update and modification.The Geographic Information System and 0 250 500 other sources should be queried for the most current information. Feet This map is not for reprint or resale. WN79 SOUTH _ I „R ASSESSOR'S PARCEL No.: STREET ADDRESS d: Lb AksqeR� 1� P `°° LEGAL DESCRIPTION ti l7 LAND USE DESIGNATION.- PROJECT DESCRIPTION 7 I j j BUILDING/SITE AREAS: ]UTILITIES: w.. LOT COVERAGE: E WRA ununEs 9 T/J R9E99 ^^° r • •a nva • I a I I I m . .:.G.a v.,. ,,, • l SCHOOL DISTRICT: TOPOGRAPHY PARKING — -' —i II I LANDSCAPING: Tflu,....... .„.., EIN ,.. _ _ i i'-�} i i PROJE4T LEGEND: co IN co it ""^"� • , OCCUPANCY CLASSIFlCATION Oc�N 1 ti' I II � va..,,w.orew pp 0. m � sI i i e �. ��•�� I i I i � II I � m........,.. T� .,oma �tj I o..rvv,..nv.+uwr, u ar m FIRE. ;O m T--1 MA POQUIM I I y. Ij.® I r II _ I I LLLLUil __ I c m Site Plan y nA NORTH AS1.0 a ; s F: e. I ¢, �- F aadFB ter. amr i nn� � _C5f0 im iem M�CL O r m PflELAtTCONCflEIEiMIL9 O 1 5 N o we w�uNeAE waieamox jj Ir IT Ir Ir 3 /+r��+ m E _D v aF c _ _ 1st Floor Plan n4% E "" •� i ' PARIQNG LOT FIXTURE 2 WALL SCONCE rvoeis m T A1.1 Nxa lh @SSS i � i iL. 3 6Bf }ate rrO E fA�ec NOON —......, r ........... m � IIII iC� in.. i O azvAnox �� A arz. - wv G (L 'a ......p Vis. 6fj � B V v, wAmx ,.-I or ro jL, a E E a YWAICN "� 2nd Floor Plan n#% J2 "" c acne1e-.1. .m.... NORTH H m B 8 Taux xnovme A1 .2 y z r r U � s€§ .e..v = r 9dsa8 cn kaM€ ----------------------- ___ M.m._ _ — ___ —"-" —_ --------__— } E,}: _ C1 26 vd AU E o m � � � C 1 mm, me Ma °°�°° -� E CL BM 9 IMS E 1 ®® ®®11 E LEGEND ®® ®® p ® ` ...d. . ° J, .� °�.^m 1 -lsJ 1 O w.�•.,..+.1 :1 Roof Plan y` VV VV VV V scut.,,w , -n NORTH G A1.4 '- aL.......:W � !me, flPi la i 11 III....,.In !a .•....IR ����� � II_,W !tl IB N!........IW r f , Eiji! no 1 F tixweFmn � S � '1 PRELIMINARY PLANi1NG PLAN +oan. PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0178, A DEVELOPMENT PLAN TO CONSTRUCT A 29,211 SQUARE FOOT, TWO-STORY PROFESSIONAL OFFICE BUILDING LOCATED ON THE WEST SIDE OF AVENIDA DE MISSIONES, APPROXIMATELY 200 FEET SOUTH OF TEMECULA PARKWAY Section 1 . Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 12, 2006, Mr. Don Parker, owner of the subject parcel, filed Planning Application No. PA06-0178, Development Plan in a manner in accord with the City of Temecula General Plan and Development Code. B. On May 21 , 2010, Mr. Don Parker applied for the first Extension of Time and received approval on July 6, 2010. C. A second Extension of Time was not filed by the applicant for PA06-0178 Development Plan which expired on June 18, 2011 . D. On September 7, 2012, Michael Bastian filed Planning Application No. PA12-0178, a Development Plan Application, in a manner in accord with the City of Temecula General Plan and Development Code. E. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. F. The Planning Commission, at a regular meeting, considered the Application and environmental review on July 17, 2013, 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. G. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA12-0178 subject to and based upon the findings set forth hereunder. H. 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: Development Code Section (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 Development Plan for the 29,211 square foot two-story office building is consistent with the General Plan for the City of Temecula. The proposed project is located within the Professional Office (PO) land use designation and according to the General Plan, this land use designation includes low-rise single or multi-tenant offices situated in landscaped garden arrangements. The General Plan also indicates that typical uses in the Professional Office land use designation include legal, design, engineering, medical, corporate and governmental office users. The proposed project is a low-rise multi-tenant office building. The users are anticipated to be general office type uses consistent with the typical users anticipated by the General Plan. The proposed project is located within the Professional Office zoning district and is consistent with all Development Code requirements and Development Standards for projects located in this zone. B. The overall development of the land is designed for the protection of the public's health, safety, and general welfare; The project is in conformance with all requirements of the Development Code, Fire Code, and Building Code, which contain provisions to ensure the protection of the public health, safety, and general welfare. Therefore, the project is not anticipated to have a negative impact to the public health, safety, and general welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan Application: A. In accordance with the California Environmental Quality Act (CEQA), the proposed project has been deemed to be categorically exempt from further environmental review (Section 1532, Class 32 In-Fill Development Projects); The proposed project is for the construction of a two-story, 29,211 square foot professional office building on an existing parcel totaling 1.48 acres. The project is consistent with the applicable General Plan and zoning designations and policies. The site is primarily developed with service from all required utilities and public services. The proposed project meets the CEQA exemption criteria, therefore no further environmental review is necessary. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA12-0178, a Development Plan to construct a 29,211 square foot, two-story professional office building located on the west side of Avenida de Missiones, approximately 200 feet south of Temecula Parkway, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 17th day of July, 2013. John Telesio, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 13- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of July, 2013, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA12-0178 Project Description: A Development Plan to construct a 29,211 square foot, two-story professional office building located on the west side of Avenida de Missiones, approximately 200 feet south of Temecula Parkway Assessor's Parcel No.: 961-290-002 MSHCP Category: Commercial DIF Category: Office TUMF Category: Service Commercial/Office Quimby Category: Exempt (non-residential project) Approval Date: July 17, 2013 Expiration Date: July 17, 2015 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) 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 Wildlife Code Section 711.4(c)). General Requirements PL-2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. 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. PL-5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-6. A separate building permit shall be required for all signage. PL-7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-8. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL-9. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL-10. The applicant shall paint a three-foot by three-foot section of the building for Planning Department inspection, prior to commencing painting of the building. PL-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. PL-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 staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the 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. MATERIAL COLOR Building Body (sprayed fine aggregate "Russian White" ICI Dulux # 20YY 68- finish) 102 Window trim, cornice and building base "Song Porcelain" ICI Dulux # OONN 83- 000 Roof tile US Tile — 60% "Old World Blend"/ 40% "Newport" Window frames and windows Tinted "solarbronze" glass w/ bronze anodized aluminum window frames Wooden trellis, wooden rafter "Cottage Chocolate" ICI tails/eaves and wooden doors Wrought iron balcony elements Black Wall sconce Black Decorative Ceramic tile accents 6" x 6" Arizona Tile "Madrid Red" and "Madrid Brown" PL-13. Solid covered trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan PL-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. PL-15. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. Prior to Issuance of Grading Permit(s) PL-16. Professional Archeological and Pechanga Tribal monitoring shall occur during all earthmoving activities in which grading depths below seven feet are encountered and during all utility trenching including storm drain, sewer and water. PL-17. Prior to issuance of grading permit, the Project Applicant shall retain a Riverside County qualified archaeological firm to monitor ground-disturbing activities. PL-18. Pechanga Tribal monitors shall be allowed to monitor all grading, excavation and groundbreaking activities as described in PL-16. Prior to issuance of grading permit, Project Applicant must submit a fully executed Cultural Resources Treatment and Monitoring Agreement, by and between the Pechanga Tribe the Project Applicant, and the landowner. The Agreement shall address the treatment of cultural resources on the Project property, the designation, responsibilities, and participation of Pechanga Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. PL-19. Prior to issuance of grading permit, the Project Applicant shall file a grading plan with the City, and a copy to the Pechanga Tribe, which sets forth the plan and methodology for grading activities, including a timeline, locations and nature of grading, details concerning the observation of grading activities by the archaeological firm and the Pechanga Tribe. Said plan or methodology shall include the requirement for a qualified archaeological monitor and Pechanga Tribal monitor to be present and to have the authority to stop and redirect grading activities. At least seven business days prior to project grading, the Project Applicant shall contact the Pechanga Tribe to notify the Tribe of grading, excavation and the monitoring program/schedule, and to coordinate with the Tribe on the monitoring work schedule. In accordance with the Agreement required in PL-17, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the nature and significance of any archaeological resources discovered on the property. Such evaluation shall include culturally appropriate temporary and permanent treatment pursuant to the Cultural Resources Treatment and Monitoring Agreement, which may include avoidance of cultural resources, in-place preservation and/or re-burial on Project property so they are not subject to further disturbance in perpetuity. Any reburial shall occur at a location predetermined between the landowner and Pechanga, details of which to be addressed in the Cultural Resources Treatment and Monitoring Agreement in PL-18. PL-20. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur in the vicinity of the find(s) until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then identify the "most likely descendant(s)", which parties agree will likely be the Pechanga Band based upon the Tribe's ancestral ties to the area and previous designation as MLD on projects in the geographic vicinity. The landowner shall engage in consultations with the most likely descendant (MLD). The MLD will make recommendations concerning the treatment of the remains within 48 hours as provided in Public Resources Code 5097.98 and the Treatment Agreement described in PL-18. PL-21. The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the Pechanga Tribe for proper treatment and disposition pursuant to the Agreement required in PL-18. PL-22. All sacred areas, should they be encountered within the project area, shall be avoided and preserved. PL-23. It is understood by the Applicant, the City and the Tribe that this Project area is located in the vicinity of and possibly contains components of a culturally significant Pechanga/Luiseno village, known as Yamiinga and/or associated cultural properties, including a Traditional Cultural Property (TCP). The Project area and TCP contain not only archaeological components, but also resources with cultural values, including, but not limited to ceremonial components. If inadvertent discoveries of subsurface archaeological or cultural resources are discovered during grading, the Developer, the project archaeologist, and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources, which may include avoidance of cultural resources, in-place preservation and/or re-burial on Project property so they are not subject to further disturbance in perpetuity. Any reburial shall occur at a location predetermined between the landowner and Pechanga, details of which to be addressed in the Cultural Resources Treatment and Monitoring Agreement in PL-18. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Planning Director for decision. The City Planning Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Planning Director shall be appealable to the City Planning Commission and/or City Council. PL-24. 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. PL-25. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Planning Director. PL-26. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Planning Director at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." Prior to Issuance of Building Permit(s) PL-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. PL-28. All downspouts shall be internalized. PL-29. 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. PL-30. The developer shall provide the Planning Department verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. PL-31. Prior to the first building permit or installation of additional streetlights, whichever occurs first, the developer shall complete the Public Works application, submit an approved Edison Streetlight Plan, and pay the advanced energy fees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-32. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of- ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Planning Director. PL-33. 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 Planning Director. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL-34. Performance securities, in amounts to be determined by the Planning Director, 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 Planning Director, the bond shall be released upon request by the applicant. PL-35. 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." PL-36. 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. PL-37. All site improvements including but not limited to parking areas and striping shall be installed. PL-38. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DIVISION General Conditions/Information B-1. All design components shall comply with applicable provisions of the 2010 edition of the California Building, Plumbing and Mechanical Codes; 2010 California Electrical Code; California Administrative Code,2010 California Energy Codes, 2010 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. B-2. 2010 California Green Building Standards Provide 10% Voluntary Measures on project. B-3. Provide van accessible parking located as close as possible to the main entry. B-4. Show path of accessibility from parking to furthest point of improvement. B-5. Show path of travel from public right way to all public areas on site ( club house, trash enclose tot lots and picnic areas B-6. Submit at time of plan review, a complete exterior site lighting plan showing compliance with Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Division of Building and Safety. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. B-7. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-8. Project to comply with the City of Temecula shell building policy. FIRE PREVENTION General Requirements F-1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention. 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. F-2. Fire Prevention is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20-PSI residual operating pressure for a 4-hour duration (CFC Appendix B and Temecula City Ordinance 15.16.020). F-3. Fire Prevention is required to set minimum fire hydrant distances per CFC Appendix C. A combination of on-site and offsite 6" x 4" x 2-2 %" 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 a hydrant. The required fire flow shall be available from any adjacent hydrants in the system (CFC Appendix C and Temecula City Ordinance 15.16.020). F-4. As required by the California Fire Code, when any portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official (CFC Chapter 5). Prior to Issuance of Grading Permit(s) F-5. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads (CFC Chapter 5 and City Ordinance 15.16.020). F-6. 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 (CFC Chapter 5 and City Ordinance 15.16.020). F-7. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5 and City Ordinance 15.16.020). F-8. Dead end roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) F-9. The developer shall furnish three copies of the water system plans to Fire Prevention 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 approval 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 (CFC Chapter 14 and Chapter 5). F-10. Fire sprinkler plans shall be submitted to Fire Prevention for approval. Three sets of sprinkler plans must be submitted by the installing contractor to Fire Prevention. These plans must be submitted prior to the issuance of building permit. F-11. Fire alarm plans shall be submitted to Fire Prevention for approval. Three sets of alarm plans must be submitted by the installing contractor to Fire Prevention. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy F-12. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). F-13. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial, multi-family residential and industrial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6-inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have 4-inch letters and/or numbers, as approved by Fire Prevention (CFC Chapter 5 and City Ordinance 15.16.020). F-14. 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 (CFC Chapter 5). F-15. The applicant shall prepare and submit to the Fire Prevention for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). F-16. A simple plot plan and a simple floor plan, each as an electronic file of the .DWG format, must be submitted to Fire Prevention. Contact Fire Prevention for approval of alternative file formats which may be acceptable. POLICE DEPARTMENT General Requirements PD-1. Applicant shall ensure any landscaping surrounding buildings is kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to prevent would-be intruders from breaking into the buildings utilizing lower level windows. PD-2. Applicant shall ensure any trees surrounding building rooftops be kept at a distance to prevent roof accessibility by "would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. PD-3. Any berms shall not exceed three feet in height. PD-4. Applicant must comply with the standards of Title 24 Part 6, of the California Code of Regulations. PD-5. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. PD-6. All exterior lighting shall be in compliance with Riverside County Mount Palomar Lighting Ordinance 655, low pressure sodium lighting preferred. PD-7. All exterior doorways shall be illuminated with a minimum of one foot candle illumination at ground level, evenly dispersed. PD-8. All lighting affixed to the exterior of buildings shall be vandal resistant if mounted less than 8 feet from the ground. PD-9. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD-10. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696-HELP. PD-11. Upon completion of construction, each building or business shall have an alarm system that is monitored by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi-tenant offices/suites/businesses located within a specific building shall each have their own alarm system. This condition is not applicable if the business is opened 24/7. PD-12. Any roof hatches shall be painted "International Orange." PD-13. Any public telephones located on the exterior of the buildings shall be placed in a well-lit, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. PD-14. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. PD-15. Employee training regarding credit cards, theft, citizens' arrest procedures, personal safety, business security or any other related crime prevention subject is available free of charge through the Crime Prevention Unit. To schedule an appointment call (951) 506-5132. PD-16. The Temecula Police Department affords all retailers the opportunity to participate in the "Inkless Ink Program." At a minimal cost for inkless inkpads, retailers can take a thumbprint of every customer using a personal check to pay for services. A decal is also posted on the front entry of the business advising customers of the "Inkless Ink Program" in use. If the business becomes a victim of check fraud, the Police Department will be able to track the suspect with the thumbprint. PD-17. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines-of-sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. PD-18. The Crime Prevention and Plans Unit of the Temecula Police Department offers free business security surveys, to schedule an appointment contact the unit at (951) 506- 5132. PD-19. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. PUBLIC WORKS DEPARTMENT General Requirements PW-1. Unless otherwise noted, all conditions shall be completed by the developer at no cost to any Government Agency. It is understood that the developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PW-2. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of- way. PW-3. 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. PW-4. A grading plan 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. PW-5. The project shall include construction-phase pollution prevention controls into the design of the project to prevent non-permitted runoff from discharging off site or entering any storm water conveyance system or receiving water during all field- related activities. PW-6. A conceptually-accepted Water Quality Management Plan (WQMP) must be submitted to the Department of Public Works as part of the initial grading plan submittal package. Permanent landscape and irrigation plans shall be consistent with the accepted WQMP. PW-7. All onsite drainage and water quality facilities shall be privately maintained. Prior to Issuance of Grading Permit(s) PW-8. The WQMP must receive final acceptance by the Department of Public Works. PW-9. The project shall submit a completed WQMP Operation and Maintenance (O&M) Agreement that must include the owner's notarized signature, proof of recordation with the County Recorder's Office, and all maintenance procedures for each of the structural treatment control Best Management Practices (BMPs) outlined in the WQMP. PW-10. A grading plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards, and shall be reviewed and approved by the Department of Public Works prior to the commencement of grading. The grading plan shall include all necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion. PW-11. 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 in accordance with the Construction, Grading and Encroachment Ordinance Section 18.24.140. PW-12. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soil conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. PW-13. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. PW-14. 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. PW-15. Construction-phase pollution prevention shall be consistent with the Temecula Municipal Code Chapter 18.15 and associated technical manual and the City's standard notes for Erosion and Sediment Control. PW-16. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB), the project's Risk Level (RL) determination number, and name, contact information, and certification number of the Qualified SWPPP Developer (QSD). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. PW-17. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the Planning Department, or other affected agencies. PW-18. 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. PW-19. Permanent landscape and irrigation plans shall be submitted to the Planning Department for review and approval. PW-20. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. PW-21. The developer shall obtain letters of approval for any off site work performed on adjoining properties. The letters shall be in format as directed by the Department of Public Works. Prior to Issuance of a Building Permit PW-22. Plans shall conform to applicable City of Temecula Standards subject to approval by the Department of Public Works. The following design criteria shall be observed: a. 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. PW-23. A construction area Traffic Control Plan shall be designed by a registered civil or traffic engineer and reviewed by 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. PW-24. 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. PW-25. The developer shall obtain an easement for ingress and egress over the adjacent property. PW-26. 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. PW-27. The developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of Certificate of Occupancy PW-28. The project shall demonstrate that all of the structural water quality facilities outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. PW-29. As deemed necessary by the Department of Public Works the developer shall receive written clearance from Rancho California Water District, Eastern Municipal Water District, or other affected agencies. PW-30. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. PW-31. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. Notice of Public Hearing 1989'`..::. A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA12-0178 Applicant: Michael Bastian Proposal: A Development Plan to construct a 29,211 square foot, two-story professional office building located on the west side of Avenida de Missiones, approximately 200 feet south of Temecula Parkway Environmental: 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 adopted in compliance with CEQA (Section 15332, Class 32, In-Fill Development) Case Planner: Kenny Taylor, (951) 240-4203 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: July 17, 2013 Time of Hearing: 6:00 p.m. PNGH vN� � COPA 4P RT O B Q TEMEGVtA�O 4. PA12-0178 SAMANTHA LN o 250 500 Feet Notice of Public Hearing The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.citvoftemecula.org. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.org — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400.