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HomeMy WebLinkAbout18-29 PC Resolution PC RESOLUTION NO. 18-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-1614, A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF AN APPROXIMATELY 1,850 SQUARE FOOT DRIVE-THRU STARBUCKS LOCATED AT 30690 RANCHO CALIFORNIA ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 14, 2017, Jeff Herbst filed Planning Application No. PA17- 1614, a Conditional Use Permit, and Planning Application No. PA17-1613, a Development Plan, (Collectively, "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 19, 2018, 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. PA17-1614, 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 in accordance with Temecula Municipal Code Section 17.04.010 E (Conditional Use Permit): A. The proposed conditional use is consistent with the General Plan and the Development Code. Restaurants with drive-thrus, as conditioned, are an allowable use within the Community Commercial General Plan. Therefore, the use is consistent with the General Plan for Temecula as well as the requirements for 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 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 as the project site is located within an existing commercial center and is bordered by two public streets. A Traffic and Circulation Analysis was prepared by Linscott, Law & Greenspan which detailed that a drive-through lane to accommodate a minimum of 13 vehicles is adequate for any queueing scenario associated the with drive-through window operation. 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 project will allow for a drive-thru restaurant to be constructed at this location. 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 as required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community The previous development on the project site was an automotive oil change facility. The proposed project is drive-thru restaurant establishment that is not expected to result in any significant effects compared to the previous development. As conditioned, the project will meet all requirements of the Development Code, General Plan, and Fire and Building Codes which provided safeguards for the health, safety and general welfare of the community. E. That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit: 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, In-Fill Development Projects). (a) The project is consistent with the applicable general plan designation, and all applicable general plan policies as well as with applicable zoning designation and regulations. The project is consistent with the applicable General Plan designation because drive-thru restaurants are a conditionally allowable use within the Community Commercial district. The project also meets all applicable General Plan and Zoning policies and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project is located within City limits and is located on a site that is 0.66 acres in size. The proposed project is substantially surrounded by commercial and residential buildings as well as major roadways. (c) The project site has no value as habitat for endangered, rare or threatened species. The project site is currently a fully developed site with an existing commercial building and paved parking lot. The project proposes to demolish the existing structure and construct a new structure. Therefore, the project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The proposed project was required to prepare a Project-Specific Water Quality Management Plan (WQMP) that was reviewed and conceptually accepted for entitlement by City Staff as the WQMP meets the requirements of the City of Temecula. A Traffic and Circulation Analysis was prepared by Linscott, Law & Greenspan which detailed that a drive-through lane to accommodate a minimum of 13 vehicles is adequate for any , queueing scenario associated the with drive-through window operation. Therefore, the project is not anticipated to result in any significant effects relating to traffic, noise, air quality, or water quality as the project, as conditioned, is an allowed use per the City of Temecula General Plan. (e) The site can be adequately served by all required utilities and public services. The project site is surrounded by development and is able to be serviced by all required utilities and public services. Section 4 Conditions. The Planning Commission of the City of Temecula approves Planning Application No PA17-1614, a Conditional Use Permit for the construction of an approximately 1,850 square foot drive-thru Starbucks located at 30690 Rancho California 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 19th day of December, 2018. a Turley-Trejo, Acti Chairp son ATTEST: Luke 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. 18-29 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19th day of December, 2018, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 2 PLANNING COMMISSIONERS: Watts, Youmans ABSTAIN: 0 PLANNING COMMISSIONERS: None Luke Watson Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA17-1614 Project Description: A Conditional Use Permit for the construction of an approximately 1,850 square foot drive-thru Starbucks located in the Palomar Village Shopping Center at 30690 Rancho California Road. Assessor's Parcel No.: 921-700-005 MSHCP Category: ' Commercial DIF Category: Service Commercial (credit for existing building to be determined) TUMF Category: Service Commercial/Office (credit for existing building to be determined) Quimby Category: N/A(non-residential project) New Street In-lieu of Fee: N/A(project not located in Uptown Temecula Specific Plan area) Approval Date: December 19, 2018 Expiration Date: December 19, 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 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 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 three one-year 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 Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 6. Statement of Operations. The applicant shall comply with their Statement of Operations on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 7. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03 080 of the City's Development Code. 8. City Review and Modification of CUP. The City, its Director of Community Development, 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 Director of Community Development, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its Director of Community Development, 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.