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HomeMy WebLinkAbout041818 PC Agenda DRAFT PLANNING COMMISSION RESOLUTION PC RESOLUTION NO. 18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0069, A TEMPORARY USE PERMIT TO ALLOW FOR THE STOCKPILING OF SOIL MATERIAL FOR THE RECENTLY APPROVED CYPRESS RIDGE RESIDENTIAL PROJECT LOCATED AT 45100 PECHANGA PARKWAY, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN: 922-284- 011 AND 961-450-013) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On September 5, 2017, the City Council approved Planning Application No. PA15-1892, a Development Plan to allow for 245 residential market rate units consisting of detached and attached cluster units, and duplex/triplex units totaling approximately 439,341 square feet, the conversion of 0.67 acres of an off-site existing concrete drainage ditch into a landscaped infiltration basin, improvements to Pala Park and additional off- site landscape improvements north of the project site along Pechanga Parkway. B. On January 16, 2018, John Fitzpatrick filed Planning Application No. PA18- 0069, a Temporary Use Application in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on April 18, 2018, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA18-0069 subject to and based upon the findings set forth hereunder. F. 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: Grading Permits (Sections 18.06.040 and 18.06.180) Grading permits that involve the stockpiling of dirt must be approved by the Planning Commission based on the following: A. A grading permit shall not be issued in any case where the city engineer determines that hazardous conditions exist and that the work, as proposed by the applicant, will: 1. Expose any property to landslide or geologic hazard; 2. Adversely interfere with existing drainage courses or patterns; 3. Cause erosion and/or flooding, which could result in the depositing of mud, silt or debris on any other property or public/private street; 4. Create any hazard to person or property; or 5. Damage or endanger any environmentally sensitive species and habitats, rocks and/or archaeological artifacts. B. A grading permit shall not be issued if any of the following apply: 1. If the submittal is incomplete; 2. If the plan as submitted does not comply with the provisions of this title; 3. If the required security is not posted; 4. If the application contains false information. C. The City Engineer shall deny the issuance of a grading permit if any of the following apply: 1. If prohibited by a duly elected moratorium, court order, injunction or other legal order; 2. If the applicant or owner has failed to comply with the provisions of this title; or 3. element thereof), any specific plan, conditional use permit, land use ordinance or regulation, zoning ordinance or regulation, any permit or approved subdivision map. Temporary Use Permit, Development Code Section 17.04.020.D A. The proposed temporary use is compatible with the nature, character and use of the surrounding area; The proposed temporary use will allow for a stockpile of soil material. The material will be used for previously approved grading activities. Temporary stockpiles of soil material are not uncommon at construction sites before construction begins. Therefore, the temporary use is compatible with the nature, character and use of the surrounding area because the soil material is part of the normal construction process. B. The temporary use will not adversely affect the adjacent uses, buildings or structures. The temporary use will be located on a vacant lot totaling approximately 21.44 acres. The soil material will not be utilized until grading operations begin. Therefore, the use is not anticipated to adversely affect the adjacent uses, buildings or structures because the soil material will be incorporated into the previously approved grading operations. C. The nature of the proposed use is not detrimental to the health, safety, or welfare of the community. The project has been reviewed to ensure consistency with the City of Temecula Development Code. This code contains provisions designed to ensure for the health, safety, and welfare of the community. The project will also be required to obtain a grading permit. Negative impacts are not anticipated. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Temporary 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 15162, Subsequent EIRs and Negative Declaration); (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration. (B) Significant effects previously examined will be substantially more severe than previously shown in the previous EIR. (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. (c) completed, unless further discretionary approval on that project is required. Information appearing after an approval does not require reopening of that approval. If after the project is approved, any of the conditions described in the subdivision (a) occurs, a subsequent EIR or negative declaration shall only be prepared by the public agency which grants the next discretionary approval for the project, if any. In this situation no other responsible agency shall grant an approval for the project until the subsequent EIR has been certified or subsequent negative declaration adopted. (d) A subsequent EIR or subsequent negative declaration shall be given the same notice and public review as required under Section 15087 or Section 15072. A subsequent EIR or negative declaration shall state where the previous document is available and can be reviewed. The Environmental Impact report created for Cypress Ridge analyzed the project using 13,500 cubic yards of cut and 38,100 cubic yards of fill, including 24,600 cubic yards of offsite import. This soil material will be used for the approved grading activities related to the construction of the project. The plans for stockpile Temporary Use show these same values. Therefore, the temporary use is consistent with the previously certified Environmental Impact Report. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-0069, a Temporary Use Permit for a soil permit stockpile for the recently approved Cypress Ridge residential project located at 45100 Pechanga Parkway, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED Section 5. by the City of Temecula Planning Commission this 18th day of April, 2018. Gary Youmans, Chairman ATTEST: Luke Watson Secretary \[SEAL\] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 18- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on th the 18 day of April, 2018, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA18-0069 Planning Application No.: Cypress Ridge Temporary Use Permit: A Temporary Use Permit to allow for Project Description: the stockpiling of soil material for the recently approved Cypress Ridge residential project located at 45100 Pechanga Parkway. 961-450-012, 961-450-013 Assessor's Parcel No.: Between 8.1 and 14.0 DU MSHCP Category: Residential Attached/Residential Detached DIF Category: Residential Multi-Family TUMF Category: Multi-Family Attached (5 or More Units)/Multi-Family Attached (2-4 Quimby Category: Units)/Single-Family (Attached Garage) Not Located in the Uptown Jefferson Specific Plan New Street In-lieu of Fee: April 18, 2018 Approval Date: April 18, 2019 Expiration Date: PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers 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 Division 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 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. This approval shall be used within one year of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the one period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. (2016051073). 5. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 7. Previous Conditions of Approval. All previous Conditions of Approval from PA15-1892, 1893, 1894, and 1895 shall remain in full effect unless superseded herein. 8. Construction and Demolition Debris waste hauler for disposal of construction and demolition debris and shall provide the Planning Division demolition and construction debris. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 9. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PUBLIC WORKS DEPARTMENT General Requirements 10. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 11. Entitlement Approval. The developer shall comply with the approved site plan and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 12. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 13. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is Engineering and Construction Manual and as directed by Public Works. Prior to Issuance of a Grading Permit 14. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction-phase pollution-prevention controls to adequately address non- Manual at: www.TemeculaCA.gov/ECM 15. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 16. Letter of Permission/Easement. The developer shall obtain documents (letters of permission is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: CASE NO: APPLICANT: PA18-0069 John Fitzpatrick PROPOSAL: A Temporary Use Permit to allow for the stockpiling of soil material for the recently approved Cypress Ridge residential project located at 45100 Pechanga Parkway. RECOMMENDATION: Adopt a Resolution approving the project, subject to Conditions of Approval. 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 15162, Subsequent EIRs and Negative Declarations) CASE PLANNER: Eric Jones, (951) 506-5115 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590,City of Temecula, Council Chambers DATE OF HEARING: TIME OF HEARING: April 18, 2018 6:00 p.m. The complete agenda packet (including any supplemental materials) 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. TemeculaCA.gov and will be available for public review at the respective meeting. Any writing 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. TemeculaCA.gov and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400. DRAFT PLANNING COMMISSION RESOLUTION PC RESOLUTION NO. 18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-1447, A MODIFICATION TO A DEVELOPMENT PLAN TO MODIFY THE EXISTING TRANSIT FACILITY TO EXPAND THE TRANSIT LANE AREA (NEAR THE EAST PARKING STRUCTURE) TO APPROXIMATELY 340 FEET, REVISE THE ADJACENT LANDSCAPING, EXTEND SIDEWALKS, ALTER EXTERIOR PARKING GARAGE ELEVATIONS, AND ADD A NEW SHUTTLE TURNOUT (NEAR THE NORTH SIDE OF THE WEST PARKING GARAGE) AT THE PROMENADE MALL LOCATED AT 40780 WINCHESTER ROADAND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 910-420-007, 910-420-020, 910-420-027 AND 910-420-031) Section 1: Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 11, 1994, the City Council approved the Temecula Regional Center Specific Plan (SP No. 263). B. On June 6, 2001, the Planning Commission approved Planning Application No. PA01-0204 (Macy’s Wing and Macy’s Women’s Department Store). C. On April 20, 2016, the Planning Commission approved Planning Application No. PA15-1807 (Open-air Renovation) D. On October 5, 2017, Lauren Young with Kimley-Horn filed Planning Application No. PA17-1447, a Modification Application to a Development Plan 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 April 18, 2018, 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. PA17-1447 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 Plan (Code Section 17.05.010.F) A. The proposed use is in conformance with the General Plan for Temecula, and with all applicable requirements of State law and other Ordinances of the City; As conditioned, the proposal is consistent with the General Plan land use policies for Community Commercial (CC) development in the City of Temecula General Plan and the Retail Core designation in the Temecula Regional Center Specific Plan. The General Plan Land Use Goal 2 states, “Successful, high quality mixed use development projects containing a mix of residential/commercial/office, and civic land uses, supported by alternative modes of transportation.” The expanded transit facility will allow for the increase in alternative modes of transportation. The Temecula Regional Center Specific Plan explicitly permits stations (bus, light rail, trolley and taxi). B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. The project will require building permits that will be reviewed against current building, fire, and other city specific standards. Section 3 . Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan 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 15303, Class 3, New Construction or Conversion of Small Structures); Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The proposed project includes the construction of a limited number of new facilities and structures. Minor modifications are proposed to the exterior the parking garage structure (awnings, landscape screens, and bike racks) and include small accessory structures, and no more than 10,000 square feet of floor area that does not include significant amounts of hazard materials. No interior improvements are proposed. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA17-1447, A Modification to a Development Plan for the existing transit facility to expand the transit lane area (near the east parking structure) to approximately 340 feet, revise the adjacent landscaping, extend sidewalks, alter exterior parking garage elevations, and add a new shuttle turnout (near the north side of the west parking garage) at the Promenade Mall located at 40780 Winchester Road subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED Section 5. by the City of Temecula Planning Commission this 18th day of April, 2018. Gary Youmans, Chairman ATTEST: Luke Watson, Secretary \[SEAL\] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 18- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of April, 2018, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA17-1447 Planning Application No.: A Modification to a Development Plan to modify an existing transit facility to Project Description: expand the transit lane area (near the east parking structure) to approximately 340 feet, revise the adjacent landscaping, extend sidewalks, alter exterior parking garage elevations, and add a new shuttle turnout (near the north side of the west parking garage) at the Promenade Mall located at 40780 Winchester Road 910-420-027 Assessor's Parcel No.: 910-420-020 910-420-031 910-420-007 Exempt: Development on previously approved area MSHCP Category: N/A (no new square footage) DIF Category: N/A (no new square footage) TUMF Category: N/A (non-residential) Quimby Category: N/A (not located within the Uptown Temecula Specific Plan) New Street In-lieu of Fee: April 18, 2018 Approval Date: April 18, 2021 Expiration Date: PLANNING DIVISION Within 48 Hours of the Approval 1.Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division 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 Division 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 2.Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3.Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to five extensions of time, one year at a time. 5.Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 7. 6.Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 7.Fin Signage. A sign program amendment shall be required for any new signage. This includes the decorative fins attached to the parking structure. Signage Permits. A separate building permit shall be required for all signage. 8. 9.Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 10.Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 11. Water Quality and Drainage. 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. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 12.Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 13.Previous Conditions of Approval. All previous Conditions of Approval from PA01-0204, PA15-1807, and shall remain in full effect unless superseded herein. 14.Construction and Demolition Debris. The developer shall contact the City’s franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City’s franchise 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 Building Permit 15.Photometric Plan. The applicant shall submit a photometric plan, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. All exterior LED light fixtures shall be 3,000 kelvin or below. This includes lighting for the decorative fin signs. Decorative fin lighting shall turn-off no later than 10 p.m. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 16.Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. Bike Racks. All bike racks shall be installed prior to the issuance of the certificate of occupancy. 17. Outside Agencies 18.Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District’s transmittal dated October 13, 2017, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 19.Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. Entitlement Approval. The developer shall comply with the approved site plan, the conceptual 20. Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 21.Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 22.Street Improvement Plans. The developer shall submit private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 23.Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10-year storm event and/or is not contained within the street right-of-way for the 100-year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. Prior to Issuance of a Grading Permit 24.Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 25.Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction-phase pollution-prevention controls to adequately address non-permitted runoff. Refer to the City’s Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 26.Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 27.NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project’s Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City’s storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml 28.Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project-specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.TemeculaCA.gov/WQMP 29.Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. The creation of new cross lot drainage is not permitted. 30.Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 10 and 100-year storm event for 24 hour storm duration peak flow) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. 31.Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document’s format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 32.Ingress/Egress Easement. The developer shall obtain an easement for ingress and egress over adjacent properties. The easement information shall be noted on the approved grading plan. 33.Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 34.Bus Bays. Bus bays shall be designed at all existing and proposed bus stops as directed by Riverside Transit Agency and approved by Public Works. Prior to Issuance of Encroachment Permit(s) 35.Improvement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by Public Works. 36.Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City’s Paving Notes. BUILDING AND SAFETY DIVISION General Requirements Final Building and Safety Conditions. Final Building and Safety conditions will be addressed 37. 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 enforced at the time of building plan submittal. 38.Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code,2016 California Energy Codes, 2016 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. 39.ADA Access. Provide details of all applicable disabled access provisions and building setbacks on the plans to include: a.. Accessible path of travel thru-out improvements. 40. Obtain Approvals and Permits. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 41.County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below. 42.Obtaining Separate Approvals and Permits. Shade structures, light standards, and any block walls will require separate approvals and permits. Hours of Construction. Signage shall be prominently posted at the entrance to the project, 43. indicating 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 Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. Prior to Issuance of Grading Permit(s) 44. Sewer and Water Plan Approvals. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to the Building Division for review and approval. 45.Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 46.Plans Require Stamp of Registered Professional. Provide appropriate stamp of a registered professional with original signature on the plans. FIRE PREVENTION General Requirements 47. Fire Hydrants. For any fire hydrants that need to be relocated, please coordinate those permits through Rancho California Water District and The Temecula Fire department. . Prior to Issuance of Grading Permit(s) 48.Access Road Widths. 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). NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: CASE NO: APPLICANT: PA17-1447Lauren Young PROPOSAL: A Modification to a Development Plan to modify an existing transit facility to expand the transit lane area (near the east parking structure) to approximately 340 feet, revise the adjacent landscaping, extend sidewalks, alter exterior parking garage elevations, and add a new shuttle turnout (near the north side of the west parking garage) at the Promenade Mall located at 40780 Winchester Road 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 15303, Class 3, New Construction or Conversion of Small Structures) CASE PLANNER: Brandon Rabidou, (951) 506-5142 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590,City of Temecula, Council Chambers DATE OF HEARING: TIME OF HEARING: April 18, 2018 6:00 p.m. The complete agenda packet (including any supplemental materials) 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. TemeculaCA.gov and will be available for public review at the respective meeting. Any writing 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. TemeculaCA.gov and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400. PC DRAFT RESOLUTION DEVELOPMENT PLAN & MINOR EXCEPTION PC RESOLUTION NO. 18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-0854, A DEVELOPMENT PLAN FOR THE CONSTRUCTION OF AN APPROXIMATELY 71,485 SQUARE FOOT, FOUR-STORY HOTEL WITH UNDERGROUND PARKING; AND PA18-0155 A MINOR EXCEPTION FOR A FOUR FOOT INCREASE IN BUILDING HEIGHT FOR A ROOF LINE ARCHITECTURAL ELEMENT ON A PROJECT LOCATED APPROXIMATELY 50 FEET SOUTHWEST OF MERCEDES STREET ON THE SOUTH SIDE OF 4 TH STREET; AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 24, 2017, Bridget Herdman filed Planning Application No. PA17- 0854 a Development Plan for the construction of an approximately 71,485 square foot, four-story hotel. On January 29, 2018 Bridget Herdman filed Planning Application No. PA18-0155 a Minor Exception for a four foot increase in building height, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on April 18, 2018, 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 Nos. PA17-0854 and PA18-0155, 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: Development Plan, Development Code Section 17.05.010.F A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; Hotels are an allowable use within the Downtown Core zoning district of the Old Town Specific Plan. Therefore, the use will be consistent with the General Plan for Temecula and the Old Town Specific Plan as well as the requirements for 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 overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in and around the site as the project is consistent with the General Plan, City Wide Design Guidelines, Old Town Specific Plan, and Development Code. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety, and welfare. Minor Exception, Development Code Section 17.03.060.D A. That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property. The proposal is for a 9.2% increase in the allowable height within the Downtown -- Due to the natural slope of the property on Fourth Street from the northeast to the southwest, a hardship is created due to the strict application of the specific plan in - of a three story building while meeting the architectural standards of the specific plan. The allowance of the four-foot increase in height will allow for a roofline architectural element which will enhance the architecture of the building and will allow the project to meet the development standards of the specific plan with respect to architecture. B. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity. Permitting this Minor Exception will not grant special privileges to the applicant and is intended to meet the intent of the Old Town Specific Plan. The result of permitting this Minor Exception will not be detrimental to the public welfare or to the property of other persons as the increase in height allows the project to meet the intent of -. The project has been reviewed and, as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the protection of the public health, safety, and welfare. The MinorException places suitable conditions on the property to protect C. surrounding properties and does not permit uses which are not otherwise allowed in the zone. The project has been conditioned by the Planning, Fire, Building, Police, and Public Works Departments to protect the surrounding properties. The hotel land use proposed is permitted per the Downtown Core zoning district of the Old Town Specific Plan. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, In-Fill Development Projects); The project meets all General Plan and Zoning policies and regulations and is located within City limits on a site of no more than five acres that is substantially surrounded by urban uses. The project site has no value as habitat for endangered, rare or threatened species. The site is also surrounded by development and is able to be serviced by all required utilities and public services. The project is not anticipated to result in any significant effects relating to traffic, noise, air quality, or water quality as the project, as conditioned, is an allowed use per the City of Temecula General Plan and the Old Town Specific Plan. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA17-0854, a Development Plan for the construction of an approximately 71,485 square foot, four-story hotel with underground parking, and PA18-0155 a Minor Exception for a four foot increase in building height for a roof line architectural element, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED Section 5. by the City of Temecula Planning Commission this 18thday of April,2018. Gary Youmans, Chairperson ATTEST: Luke Watson Secretary \[SEAL\] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 18- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of April, 2018, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL The proposed Minor Exception will allow for a four foot increase in building height for a roof line architectural element. NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No:Applicant: PA17-0854, PA18-0155Bridget Herdman Proposal: A Development Plan for the construction of an approximately 71,485 square foot, four- story hotel with underground parking. The fourth floor is designated as residential condominium units as required by the Old Town Specific Plan. The project proposes the option of developing the fourth floor as hotel guest rooms if the Old Town Specific Plan is amended to allow for a four-story hotel outside of the hotel overlay district; and a Minor Exception for a four foot increase in building height for a roof line architectural element. The project is located approximately 50 feet southwest of Mercedes Street on the south side of 4 th 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 15332, Class 32, In-Fill Development Projects) Case Planner: Scott Cooper, (951) 506-5137 Place of Hearing: 41000 Main St., Temecula, CA 92590,City of Temecula, Council Chambers Date of Hearing: Time of Hearing: April 18, 2018 6:00 p.m. any supplemental materials The complete agenda packet (including ) 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 TemeculaCA.gov and will be available for public review at the respective meeting. Any writing 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 TemeculaCA.gov and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400.