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HomeMy WebLinkAbout13-005 PC Resolution / PC RESOLUTION NO. 13-05 A RESOLUTION OF THE PLANNING COMMISSION OF � � v THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO, PAl2-0208, A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRU FACILITY FOR THE PROPOSED MCDONALD'S RESTAURANT WITHIN AN EXISTING COMMERCIAL CENTER LOCATED AT 30580 RANCHO CALIFORNIA ROAD. (RELATED APPLICATION PAl2-0207 DEVELOPMENT PLAN FOR MCDONALD'S RESTAURANT) (APN 921-700-002) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: � A. On October 18, 2012, Daniel Osran filed Planning Application No. PAl2- . 0208, a 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 March 20, 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. PAl2-0208 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 Code Section 17.04.010.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 use will allow the McDonalds resfaurant to construct and operate a drive- fhrough facility. Per Section 17.08.030 (Use Regulations) of the Municipal Code, Resfaurant, drive-in/fasf food, requires the approval of a Minor Conditional Use Permit. The applicant is requesfing to operate a drive-thru as part of the daily business operation consisting of a drive-up window and menu board. Therefore, the proposed use, as conditioned, will comply with the applicable provisions of . the Temecula General Plan, State law, and other Ordinances of the City. ' � B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed drive-thru has been deigned to allow for approximately 12-vehicles to be queued with the drive-thru and remain outside of the driveway and drive- aisles. The applicant has worked to minimize the congestion on-site by proving adequate queuing and circulation on-site. As conditioned, the use will be compatible with the nature, condition and development of the adjacent uses, buildings and structures and fhe 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 is proposing to operate a drive-thru facility as an ancillary use for a McDonald's restaurant. The subject property is 0.87 acres with proposed building lot coverage of 9.4%. The drive-thru is situated along fhe west; south, and east sides of the building and provides adequafe setbacks and extensive landscaping to screen the drive-thru. 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 fhe Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. D. Conditions. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project meets all requirements of the Development Code and General P/an which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detcimental to fhe health, safety and general welfare of the community. E. That the decision to conditionally approve or deny the application for a Conditiona� Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. That the decision to condifionally approve the application for a Conditional Use Permit is based on subsfantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Director hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: The proposed project is the replacement of an existing commercial structure to allow for the construction a new 3, 590 square foot restaurant associated with a drive-thru facility within City limits on a parcel totaling 0.87 acres. The project is consistent with the applicab/e 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. PAl2-0208, a Conditional Use Permit to allow a drive-thru facility for the proposed McDonald's restaurant within an existing commercial center located at 30580 Rancho California Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of March, 2013. b ohn Telesio, Chairman ATTEST: Patrick Richardson, Secretary [S EAL] � . ' STATE Q� �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. 13-05 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, 2013, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Guerriero, Harter, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Carey ABSTAIN: 0 PLANNING COMMISSIONERS: None _—� Patrick Richardson,�Secretary c ; EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PAl2-0208 Project Description: Planning Application No. PAl2-0208, a Conditional Use Permit to allow a drive-thru facility for the proposed McDonald's restaurant within an existing commercial center located at 30580 Rancho California Road. (Related Application: PAl2-0207 Development Plan for McDonald's restaurant). Assessor's Parcel No.: 921-700-002 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Quimby Category: Exempt (non-residential project) Approval Date: March 20, 2013 Expiration Date: March 20, 2015 PLANNING DEPARTMENT General Requirements PL-1. 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 resecves 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. i PL-2. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-3. 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-4. 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-5. A separate building permit shall be required for all signage. 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. 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-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 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. PL-10. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL-11. 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-12. The applicant shall comply with their Statement of Operations dated October 18, 2012, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-13. 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-14. 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-15. 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-16. 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-17. 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-18: 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-19. 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-20. 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 Certif'icate 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-21. All site improvements including but not limited to parking areas and striping shall be installed. PL-22. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit.