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HomeMy WebLinkAbout17-42 PC Resolution PC RESOLUTION NO. 17-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-1210, A MINOR MODIFICATION TO AN APPROVED DEVELOPMENT PLAN TO REVISE ITS APPROVED USE MIX WITH REGARD TO DEVELOPMENT IMPACT FEES AND TRANSPORTATION UNIFORM MITIGATION FEES FOR A PROJECT LOCATED ON THE NORTHEAST CORNER OF OLD TOWN FRONT STREET AND 4T" STREET, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN: 922-033- 021) Section 1 . Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 16, 2015, the Planning Commission approved Planning Application No. PA15,0694, a Development Plan application to allow for the construction of a three-story shell building on the northeast corner of Old Town Front Street and 4th Street. B. On August 7, 2017, Glen Daigle filed Planning Application No. PA17-1210, a Minor Modification application to revise an approved use mix restricted to Service Commercial on the first floor and Service Commercial/Office on the second and third floors for Development Impact Fees and Transportation Uniform Mitigation Fees 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 November 1, 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. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA17-1210 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: 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 Modification application will allow for uses that are already permitted by the Old Town Specific Plan. Therefore, any use proposed will continue to be conformance with the General Plan for Temecula and with all applicable requirements of 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 project has been reviewed to ensure consistency with the Old Town Specific Plan and Development Code. This specific plan and code contain provisions designed to ensure the protection of the public health, safety, and general welfare. 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 Minor Modification Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be exempt from further environmental review(Section 15162, Subsequent EIRs and Negative Declarations); The project is located within the Old Town Specific Plan area. An Environmental Impact Report(EIR) was adopted for this specific plan when it was revised in 2010. The revised classifications that will be used to calculate DIF and TUMF will allow for uses already permitted by the revised specific plan. No other revisions are proposed as part of the modification. The project is consistent with all specific plan requirements and therefore the corresponding EIR. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA17-1210, a Minor Modification to allow for an approved development plan to revise its approved use mix with regard to Development Impact Fees and Transportation Uniform Mitigation Fees. The project is located on the northeast corner of Old Town Front Street and 4t" Street, 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 1st day of November, 2017. J e esio, Chairperson ATTEST: L�41AI �­_ 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. 17-42 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1St day of November 2017, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Telesio, Turley-Trejo, Watts NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 2 PLANNING COMMISSIONERS: Guerriero, Youmans ABSTAIN: 0 PLANNING COMMISSIONERS: None Luke Watson Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA17-1210 Project Description: A Minor Modification to allow for an approved development plan to revise its approved use mix with regard to Development Impact Fees and Transportation Uniform Mitigation Fees. The project is generally located on the northeast corner of Old Town Front Street and 4th Street. Assessor's Parcel No.: 922-033-021 MSHCP Category: Commercial DIF Category: 1 It Floor Service Commercial, 2,d & 3rd Floors Office TUMF Category: 1St 211 & 3rd Floors Service Commercial/Office Quimby Category: N/A(Non-Residential Project) New Street In-lieu of Fee: N/A(Not Located in the Uptown Jefferson Specific Plan Area Approval Date: November 1, 2017 Expiration Date: November 1, 2020 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 3 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 3-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. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). 5. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 2009071049. 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. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. DIF & TUMF Business Licensing. Any entity pursing a business license to operate within the structure must be consistent with the following DIF/TUMF fee category per floor: • First Floor: Service Commercial • Second Floor: Service Commercial/Office • Third Floor: Service Commercial/Office Any entity pursing a business license to operate within the structure that is not consistent with the above referenced fee categories will not be granted a license until the appropriate fee has been paid. 9. Previous Conditions of Approval. All previous Conditions of Approval from PA15-0694 & PA16-1117 shall remain in full effect unless superseded herein. Prior to Issuance of Building Permit 10. 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. 11. 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. FIRE PREVENTION General Requirements 12. Fire Requirement. The Fire Department Connection (FDC) will be wall mounted, per the Old Town Specific P Ian, and will be located at the fire sprinkler riser room, not on the alley side. 13. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 14. Fire Requirement. the existing public fire hydrants will still need to meet the fire flow requirements set forth in the original conditions of approval. Coordination with Rancho California Water District and possible up-sizes of main may be required. The fire flow requirements and hydraulic calculations will still need to be submitted to fire for review and approval even though the hydrants are public.