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HomeMy WebLinkAbout03_007 PC ResolutionPC RESOLUTION NO. 2003-007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 03- 023 - A SUBSTANTIAL CONFORMANCE REQUEST TO AMEND THE DEVELOPMENT PLAN FOR BEL VlLLAGGIO RETAIL CENTER TO CHANGE THE SQUARE FOOTAGES OF BUILDINGS L, M, N, AND O; TO CHANGE THE LOCATION AND ELEVATIONS OF BUILDING O; CHANGE THE ELEVATIONS FOR BUILDING L INCLUDING MODIFYING THE TOWER ELEMENTS, ADDING LARGER CORNICES, ADDING RECESSED LIGHTED AREAS, ADDING SMALL RAISED PLANTERS TO THE FRONT OF THE BUILDING, ELIMINATING THE SMALL TILE ACCENTS ON THE ELEVATIONS; MODIFYING THE TOWER ELEMENTS FOR BUILDINGS M AND N; AND MODIFY THE COLOR OF AWNINGS TO BLUE FOR BUILDINGS L, M, N, AND O, LOCATED SOUTHWEST CORNER OF MARGARITA ROAD AND NORTH GENERAL KEARNEY ROAD. WHEREAS, MCA Architects, filed Planning Application No. 03-023, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. 03-023 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. 03-023 on January 29, 2003 and February 5, 2003 at duly noticed public hearings 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; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. 03-023; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. The Planning Commission, in approving Planning Application No. 03-023 hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code: 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 proposal is consistent with the land use designation and policies reflected for Community Commercial (CC) and Office Professional (PO) development in that it meets the development standards of the Regional Center Specific Plan and the Development Code. R:\SUB CONFORMANCE'~2003~3-023, Bel Vellagio Elevation Revisions\Reso & COA.doc 1 B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The proposal ensures a cohesive development of the site consistent with the Specific Plan and the Development Code. The project has been reviewed, and as conditioned, can be 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 that will enhance the physical character, integrity, and quality of the residential areas for the protection of the public health, safety and welfare. Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No. 03- 023 was made per the California Environmental Quality Act Guidelines Section 15162. This section applies when an Environmental Impact Report (EIR) has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless there are substantial changes not discussed or examined in the EIR. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. 03-023, a Substantial Conformance request AS DESCRIBED AND WITH THE conditions of Approval contained in the attached Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planl~ing C°mmissi°n this 5th day °f February 2003' ~ t . /~ ~ __~ ~,~L.~ "---De'nnis Chiniaeff, Chairperson ATTEST: Deb§ie_U. bnoske, Secretary; {SEAL}.. STATE OF CALIFORNIA, ) COUNTYOF RIVERS[DE' ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2003-007 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of February, by the following vote: AYES: 3 NOES: 2 ABSENT: 0 ABSTAIN: 0 PLANNING COMMISSIONERS: Mathewson, Telesio, and Chairman Chiniaeff PLANNING COMMISSIONERS: Guerriero and Olhasso PLANNING COMMISSIONERS: None PLANNING COMMISSIONERS: None Debbie Ubnoske, Secretary R:\SUB CONFORMANCE\2003~03-023, Bel Vellagio Elevation Revisions\Reso & COA.doc 2 EXHIBIT A CONDITIONS OF APPROVAL SUBSTANTIAL CONFORMANCE R:\SUB CONFORMANCE~2003~03-023, Bel Vellagio Elevation Revisions\Reso & COA.doc 3 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. 03-023 (Substantial Conformance) Project Description: A Substantial Conformance request to amend the Development Plan for Bel Villaggio retail center to change the square footages of Buildings L, M, N, and O; to change the location and elevations of Building O; change the elevations for Building L including modifying the tower elements, adding larger cornices, adding recessed lighted areas, adding small raised planters to the front of the building, eliminating the small tile accents on the elevations; modifying the tower elements for Buildings M and N; and modify the color of awnings to blue for Buildings L, M, N, and O DIF Category: Regional Center Specific Plan Development Agreement Approval Date: Expiration Date: February 5, 2003 February 5, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Community Development Department- Planning Division a cashier's check or money order made payable fo the County Clerk in the amount of Sixty- four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resoumes Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements 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 R:\SUB CONFORMANCE~2003~03-023, Bel Ve[lagio Elevation Revisions\Reso & COA.doc 4 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. This approval shall be used within two (2) 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 (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. 4. All applicable Conditions of Approval for PA 00-213 shall apply to this approval. The applicant shall apply the new color, Dunn Edwards 127 Ennis Book, to the recessed area of the backside of Building B. The applicant shall inform the Planning Division 72 hours in advance of this repainting. The Planning Division staff and Commission Guerriero shall inspect the new color. If Commissioner Guerriero finds the new color acceptable, the applicant shall submit a colored exhibit to staff to delineate the areas that will be painted with this color. These areas shall include the recessed areas of the back and sides of all the buildings. If Commissioner Guerriero did not approve the new color, the applicant shall proceed with painting the buildings with the originally approved color scheme. Prior to issuance of occupancy permits form Building F, the applicant shall remove the painted concrete trim from above all the windows for buildings B, J, and E and replace them with the approved material, Stone Veneer by Cantera Especial - Blana Tinavera). The remainder of the center shall be constructed with the same approved material. The applicant may make a written request to the Planning Director for a 30-day extension to comply with this Condition of Approval. All the proposed changes to the elevations of Buildings L, M, and N including changes to the elevations for Building L including modifying the tower elements, adding larger cornices, adding recessed lighted areas, adding small raised planters to the front of the building, eliminating the small tile accents on the elevations, modifying the tower elements for Buildings M and N, modify the color of awnings to blue for Buildings L, M, N, and O shall be null and void and revert back to the original approvals within 45 days from the date of this approval, unless a letter of intent is received from the applicant indicating that they will proceed with construction in accordance with the plans and Conditions of Approval of this application, on the intension of Ethan Allen to occupy Building L. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Commission approval. Applicant's Signature Name printed Date R:\SUB CONFORMANCE'~003\03-023, Bel Vellagio Elevation Revisions\Reso & COA.doc 5