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HomeMy WebLinkAbout17-20 PC Resolution PC RESOLUTION NO. 17-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-0167, A MAJOR MODIFICATION TO A DEVELOPMENT FOR THE TEMECULA TOWN CENTER TO ALTER THE EXISTING EXTERIOR ELEVATIONS WITH NEW PAINT, TRIM, CANOPIES, WALLS, AWNINGS, AND TOWER ELEMENTS, AND A 433 SQUARE FOOT ADDITION UNDER AN EXISTING CANOPY AT THE EXISTING SHOPPING CENTER LOCATED AT THE NORTHEAST CORNER OF YNEZ ROAD AND RANCHO CALIFORNIA ROAD AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN NUMBERS 921-320-012, 016, 018, 021, 037, 038, 041, 045, & 921-320-052 TH RU 061) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On September 30, 1987, the Riverside County Planning Commission approved Plot Plan 9985. B. On June 1, 2005, the Planning Commission approved Planning Application No. PA04-0530. C. On January 26, 2017, Citivest Commercial Investments filed Planning Application No. PA17-0167, a Major Modification to the previously approved Development Plan to allow facade changes throughout the center. D. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. E. The Planning Commission, at a regular meeting, considered the Application and environmental review on August 2, 2017, 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. F. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA17-0167 subject to and based upon the findings set forth hereunder. G. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. Consistent with Development Code Section 17.05.030.E the Planning Commission, in approving the Application hereby finds, determines and declares that: 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 proposed Modification is consistent with the Development Code and policies reflected for Community Commercial (CC) designations in the City of Temecula General Plan. The Specific Plan and General Plan list retail as a permitted use in Community Commercial locations. The site is properly planned and zoned and is physically suitable for the use proposed. The project is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, and fire and building codes. Moreover, Policy 2.9 of the Community Design element of the General Plan states, "Establish rehabilitation programs for older commercial centers to prevent blight and maintain the quality of the built environment." The proposed project will significantly rehabilitate a portion of an existing commercial center with private funds. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. As conditioned, the project will meet all requirements of the Development Code, General Plan, and Building and Fire Codes, which provide safeguards for the health, safety and general welfare of the community. The overall design of the site, building, landscaping, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working in and around the site. For example, the project will include updated ramps, railings, parking stalls and sidewalk improvements to comply with ADA regulations which will provide safeguards for the health, safety and general welfare of the community. Additionally, the trash enclosures will now be covered which will ensure that water quality issues are addressed. The project has been reviewed for and 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. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Major Modification Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities); 1. The proposed project would allow for the alteration of exterior elevations, colors, and materials at an existing commercial shopping center. A 433 square foot addition for the project is within an existing building's envelope and falls under 50% of the square foot of the existing building (while also being under 2,500 square feet). Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA17-0167, 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 2nd day of August, 2017. John H. Telesio, Chairman ATTEST: Luke atson 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. 17-20 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of August, 2017, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Watts ABSTAIN: 0 PLANNING COMMISSIONERS: None Luke Watson Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA17-0167 Project Description: A Major Modification to Temecula Town Center to alter the existing exterior elevations with new paint, trim, canopies, walls, awnings, and tower elements, and a 433 square foot addition under an existing canopy at the existing shopping center located at the northeast corner of Ynez Road and Rancho California Road (Assessor Parcel Numbers 921-320-012, 016, 018, 021, 037, 038, 041, 045, & 921-320-052 thru 061) Assessor's Parcel No.: 921-320-012 921-320-055 921-320-016 921-320-056 921-320-018 921-320-057 921-320-021 921-320-058 921-320-037 921-320-059 921-320-038 921-320-060 921-320-041 921-320-061 921-320-045 921-320-052 921-320-053 921-320-054 MSHCP Category: N/A(no new grading) DIF Category: Retail Commercial (in accordance with TMC 15.06) TUMF Category: Retail Commercial (in accordance with TMC 15.08) Quimby Category: N/A(non-residential) New Street In-lieu of Fee: N/A (not located with the Uptown Temecula Specific Plan) Approval Date: August 2, 2017 Expiration Date: August 2, 2020 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.All signage shall comply with the comprehensive Sign Program and/or the Temecula Municipal Code. Any revisions to the Sign Program shall be submitted through the Planning Department for review and approval. 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 storm water, 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. 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. A) Sherwin Williams "Extra White" (SW 7006) B) Sherwin Williams "Canvas Tan" (SW 7531) C) Sherwin Williams "Hopsack" (SW 6109) D) Sherwin Williams "Resort Tan" (SW 7550) E) Kynar 500 "Medium Bronze" by Berridge F) Tiger 8028 by Tiger Drylac G) Sorrento Red Finish by Scofield 10. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 11. 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. Prior to the finalization of any facade improvements, the corresponding trash enclosures shall be completed for that building that is requesting finalization. 12. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. 13. Previous Conditions of Approval. All previous Conditions of Approval from PP 9985 & PA04-0530 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. 15. 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. 16. 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. 17. Brick Maintenance. The applicant shall utilize a paint that is designed to permanently adhere to the brick. The painted brick shall be maintained in a continuous manner and shall be free of cracking, peeling, and any other signs of disrepair to the satisfaction of the Community Development Department. Prior to Issuance of Building Permit 18. 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. 19. 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. 20. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 21. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 22. Compliance with EMWD. The applicant shall receive a clearance from Eastern Municipal Water District for tenant improvements, non-construction certificates of occupancy, and expansions. BUILDING AND SAFETY DIVISION General Requirements 23. 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. 24. 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. 25. 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 entrance of the building. b. Accessible parking located as close as possible to the main entry. c. Accessible path of travel from parking to furthest point of improvement. d. Accessible path of travel throughout the site. 26. Obtain Approvals and Permits. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. Prior to issuance of 1st building permit, a construction phasing plan shall be submitted to the Building Official for review and approval. Prior to the finalization of facade improvements for each phase, `all" ADA improvements must be completed and approved by Building and Safety, concurrently with each building that is under construction. 27. Obtaininq Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers required over trash enclosures. 3000K maximum LED on exterior lighting. 28. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 29. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 30. Non-construction C of O. A Non-construction Certificate of Occupancy shall be required prior to the release of the tenant space for operation. 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. FIRE PREVENTION General Requirements 34. Fire Requirement. For any changes to the existing fire sprinkler systems on each building due to new walls, canopies, awnings and tower elements, sprinkler tenant improvement permits will be required by the fire department.