HomeMy WebLinkAbout13-045 PC Resolution PC RESOLUTION NO. 13-45
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA13-0228, A MAJOR MODIFICATION
FOR PETCO TO CHANGE THE FRONT FACADE
INCLUDING NEW ENTRY DOORS, ALUMINUM
AWNINGS, AND MODIFIED STOREFRONT WINDOWS AT
40474 WINCHESTER ROAD (TEMECULA REGIONAL
CENTER) (APN 910-470-015)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On September 29, 2013, Keith Glassman filed Planning Application No.
PA13-0228, 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 December 4, 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. PA13-0228 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 17.05.030.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 project will allow for a renovation to the front entry fagade of an existing
structure. All uses for the project will remain consistent with those allowed in the
Temecula Regional Center Specific Plan and General Plan zoning districts.
Therefore, the use will be in conformance with City of Temecula General Plan
and with all requirements of State 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.
C
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 (CEQA), the
proposed project has been deemed to be categorically exempt from further
environmental review (15302, Class1 Existing Facilities);
The project will allow for a building front entry fagade renovation to an existing
structure. All uses for the project will remain consistent with those allowed in the
Temecula Regional Center Specific Plan and General Plan. Consistent with
CEQA Sections 15301, the proposed project involves minor alterations of an
existing retail building. Therefore, no further environmental review is necessary.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA13-0228, a Major Modification for Petco to
change the front facade including new entry doors, aluminum awnings, and modified
storefront windows at 40474 Winchester Road, 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 4th day of December, 2013.
John Telesio, Chairman
ATTEST:
Patr 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. 13-45 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 4th day of December 2013, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Carey, Harter, Kight, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Guerriero
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Patrick Richardson, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA13-0228
Project Description: A Major Modification for Petco to change the front entry fagade
including new entry doors, aluminum awnings, and modified
storefront windows at 40474 Winchester Road (Temecula
Regional Center)
Assessor's Parcel No.: 910-470-015
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: Exempt (Non-Residential)
Approval Date: December 4, 2013
Expiration Date: December 4, 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, or use of a property in conformance with a Major
Modification Application.
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. SP-7 (Temecula Regional Center).
PL-7. A separate building permit shall be required for all signage.
PL-8. The development of the premises shall substantially conform to the approved site
plan and elevations contained on file with the Planning Department.
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. To ensure compliance with this Condition of Approval:
a. Spills and leaks must 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.
PL-10. 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-11. 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
Cement Plaster& Split-face CMU Match existing
New Metal Canopy Kynar "Interstate Blue"
Spandrel Glass Darker shade of the existing cement
plaster
Glazing Glass Clear no coating
PL-12. Trash enclosures shall be provided to house all trash receptacles utilized on the
site. These shall be clearly labeled on site plan.
PL-13. 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 any violations of the conditions imposed on
such Conditional Use Permit or for the maintenance of any nuisance condition or
other code violation thereon.
PL-14. 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-15. The trash enclosures shall be large enough to accommodate a recycling bin, as well
as regular solid waste containers.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
PL-16. 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 the covered mansard roof element or other screening
reviewed and approved by the Planning Director.
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://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-
01000&file=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) 506-5132.
PD-16. Applicant shall comply with Temecula Municipal Code Section 9.14.010,
Consumption of Alcoholic Beverages in Public Prohibited.
PD-17. 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 any of 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-18. As noted above, only a valid government issued identification card issued by a
Federal, State, County or City agency is acceptable, providing it complies with
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-19. 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-20. 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-21. Any questions regarding these conditions should be directed to the Temecula Police
Department Crime Prevention and Plans Unit at (951) 506-5131.
FIRE PREVENTION
No Conditions
PUBLIC WORKS DEPARTMENT
No Conditions
BUILDING AND SAFETY DIVISION
No Conditions