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HomeMy WebLinkAbout19-09 PC Resolution PC RESOLUTION NO. 19-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-1218, A MODIFICATION TO A DEVELOPMENT .PLAN TO MODIFY AN EXISTING BUILDING TO ADD APPROXIMATELY 500 SQUARE FEET, ALTER THE EXTERIOR ELEVATIONS, AND UPDATE THE SITE FOR ADA ACCESS AT 28636 OLD TOWN FRONT STREET, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-034-036) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 20, 2019, Richard Leigh filed Planning Application No. PA18- 1218, a 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 March 20, 2019, 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. PA18-1218 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: Modifications, Development Code Section (17.05.030.E) 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 modification will feature a facade renovation of the existing structure. The architectural design of this building will meet the intent of the Old Town Specific Plan (OTSP). The new facade will incorporate a Monterey Style and Spanish architecture that is allowed by the OTSP. The proposed project will also meet Economic Development Policy 6.4 of the General Plan, which states, "Continue to expand Old Town's role in local tourism and improve its attractiveness, accessibility, and economic vitality, as well as it's interaction with other local attractions." 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 to ensure compliance with the Development, Building, and Fire Codes. These codes contain provisions that are designed to ensure for the protection of 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 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 15332, Class 32); 1. The proposed project is consistent with the applicable General Plan designation and applicable zoning designations as retail is permitted use within the Downtown Core (DTC) district of the Old Town Specific Plan and the Specific Plan Implementation General Plan Designation that mirrors the zoning regulations. The site for the proposed project is 0.88 acres, well under the 5-acre threshold required for an in-fill project. The site was previously developed as a retail center and consequently has no habitat for endangered, rare or threatened species. Approval of the project should not result in any significant effects related to traffic, noise, air quality or water quality as hotel uses were anticipated in the Old Town Specific Plan. Finally, the site is currently served by all necessary utilities and public services. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-1218, 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 20th day of March 2019. 00,47 (701 Gary Watts, Chairman ATTEST: like 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. 19-09 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of March 2019, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Guerriero, Turley-Trejo, Watts NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 2 PLANNING COMMISSIONERS: Telesio, Youmans ABSTAIN: 0 PLANNING COMMISSIONERS: None Luke Watson Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA18-1218 Project Description: A Modification to a Development Plan to modify an existing building to add approximately 500 square feet, alter the exterior elevations, and update the site for ADA access at 28636 Old Town Front Street Assessor's Parcel No.: 922-034-036 MSHCP Category: Exemption: Remodel/Minor Addition (previously approved development) DIF Category: Retail Commercial TUMF Category: Pursuant to WRCOG determination Quimby Category: N/A(non-residential) New Street In-lieu of Fee: N/A(not located within the Uptown Temecula Specific Plan) Approval Date: March 20, 2019 Expiration Date: March 20, 2022 PLANNING DIVISION General Requirements 1. 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. 2. 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. 3 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. 4 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 5 Signage Permits. A separate building permit shall be required for all signage 6. 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. 7 Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 8 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. 9 Photographic Prints. The applicant shall submit to the Planning Division 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. 10. Materials and Colors. 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 City staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. 11. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 12 Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover 13 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. 14 Public Art Ordinance The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code 15. Property Maintenance All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. Prior to Issuance of Building Permit 16 Transportation Uniform Mitigation Fee (TUMF). 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 17 Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15 06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee 18. General Prior to the issuance of the building permit, all roll-up doors, windows, and shop doors shall be approved by the Planning Department. Approval shall include the exact specification sheets provided by the manufacture Outside Agencies 19. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated September 17, 2018, a copy of which is attached 20 RCFC & WCD. Compliance with RCFC & WCD. The applicant shall comply with the recommendations set forth in the Riverside County Flood Control and Water Conservation District transmittal dated March 19, 2019, a copy of which is attached (Condition added at Planning Commission on March 20, 2019). PUBLIC WORKS DEPARTMENT General Requirements 21. 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. 22. 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 22 Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required and shall be obtained from Public Works for public offsite improvements. Prior to Issuance of a Certificate of Occupancy 23 Right-of-Way Dedication. The right-of-way dedication for the corner cutback shall be offered to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers All dedications shall be free from all encumbrances as approved by Public Works. BUILDING AND SAFETY DIVISION General Requirements 24 Final Building and Safety Conditions. 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 enforced at the time of building plan submittal 25. 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. 26. ADA Access. Provide details of all applicable disabled access provisions and building setbacks on the plans to include a. Disabled access from the public way to the main entrances of the building. b Van accessible parking located as close as possible to the main entry. c. Accessible path of travel from accessible parking to furthest point of improvement. d Accessible path of travel to trash enclosure. 27. Obtain Approvals and Permits. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 28 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. 29. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers required over new and existing trash enclosures. 30 Hours of Construction. Signage shall be prominently posted at the entrance to the project, 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 TOO 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) 31. 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. 32 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) 33. Plans Require Stamp of Registered Professional. Provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 34 Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 35 Fire Requirement. Fire has no conditions required for this planning case. The buildings are non-sprinklered and these changes do not propose any sprinkler requirements. POLICE DEPARTMENT General Requirements 36 Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are 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 deter would-be intruders from breaking into the buildings utilizing lower level windows. 37. Parking Lot Lighting. 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. 38 Exterior Door Lighting 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. 39. Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness. 40. Outdoor Lighting during Non-Business Hours. The applicant shall comply with the Governor's order to address the power crisis This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non-business hours. The order, in part, states, "All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non-business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations 41 Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade 42. Graffiti Removal 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 43. Alarm System Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion All multi-tenant offices/suites/businesses located within a specific building shall have their own alarm system This condition is not applicable if the business is opened 24/7 44. ADA Parking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 1 45 Crime Prevention through Environmental Design. 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 as conditions 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. 46 Business Security Survey. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773. 47. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773