HomeMy WebLinkAbout04_031 PC Resolution
PC RESOLUTION NO. 2004-031
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA03-0717, AN ADMINISTRATIVE DEVELOPMENT PLAN
TO CONSTRUCT A 550 SQUARE FOOT FENCED OUTDOOR
SMOKING/SEATING AREA IN ASSOCIATION WITH AN
EXISTING LOUNGE LOCATED AT 27725 JEFFERSON
AVENUE, SUITES 101 AND 102, NORTH OF VIA, ALSO
KNOWN AS ASSESSORS PARCEL NUMBER 921-400-031.
WHEREAS, Westmar Property Management, filed Planning Application No. PA03-0717,
an Administrative Development Plan "Application", in a manner in accord with the City of
Temecula General Plan and Development Code;
WHEREAS, the Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered the Application
on June 16, 2004, 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;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of
the testimony, the Commission recommended approval of the Application subject to and based
upon the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
Section 2. Findinas. The Planning Commission, in approving the Application hereby
makes the following findings as required by Section 17.05.010.F of the Temecula Municipal
Code:
The above recitations are true and correct and are hereby incorporated
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
Service Commercial (SC) development in the City of Temecula General Plan, as well as
the development standards for the Service Commercial (SC) Zone in the City of
Temecula Development Code. The site is therefore properly planned and zoned and
found to be physically suitable for a commercial retail use.
B. The overall development of the land is designed for the protection of the public
health, safety, and general welfare.
The fencing proposed for the outdoor seating/smoking area is consistent with the
existing center's architecture, the Design Guidelines, and the Commercial Performance
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Standards of the Development Code. The project has been reviewed for, 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 consistent with the public health, safety and welfare.
Section 3. Environmental Compliance. This project is exempt from review under
CEQA, pursuant to Section 15301 (Class 1 Categorical Exemption - Existing Facilities) of the
CEQA Guidelines.
Section 4. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves the Administrative Development Plan Application, as set forth on
attached Exhibit A, attached hereto, and incorporated herein by this reference together with any
and all necessary conditions that may be deemed necessary.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 16th day of June 2004.
ATTEST:
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I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2004-031 was duly and regularly adopted by the Planning Commission
of the City of Temecula at a regular meeting thereof held on the 16th day of June 2004, by the
following vote of the Commission:
AYES: 4 PLANNING COMMISSIONERS: Guerriero, Mathewson, Olhasso, Telesio
NOES: PLANNING COMMISSIONERS: Chiniaeff
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No. PA03-0717
Project Description:
An Administrative Development Plan to construct a
550 square foot fenced outdoor smoking/seating area
in association with an existing lounge located at 27725
Jefferson Avenue, Suites 101 and 102, north of Via
Montezuma.
Approval Date:
June 16, 2004
June 16, 2006
Expiration Date:
PLANNING DIVISION
Within Forty-Eight (48) Hours of the Approval of this Project
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 Sixty-Four Dollars
($64.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 211 08(b) and California
Code of Regulations Section 15062. If within said forty-eight (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 Game Code Section 711.4(c)).
General Requirements
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, ,.nnul, 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.
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3.
4.
5.
6.
7.
8.
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.
The Director of Planning rnay, upon an application being filed within thirty day 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.
The construction on the premises shall substantially conform to the approved Exhibit "D"
(Site Plan), contained on file with the Planning Department.
Landscaping around fencing shall substantially conform to the approved Exhibit "E"
(Conceptual Landscape Plan), on file with the Planning Department. Landscaping
installed for the project shall be continuously maintained to the reasonable satisfaction of
the Director of Planning. If it is determined that the landscaping is not being maintained,
the Director of Planning 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.
The applicant shall sign both copies of the final conditions of approval that will be
provided by the Planning Department staff, and return one signed set to the Planning
Department for their files.
If at any time during excavation/construction of the site, archaeological/cultural
resources, or any artifacts or other objects which reasonably appears to be evidence of
cultural or archaeological resource are discovered, the property owner shall immediately
advise the City of such and the City shall cause all further excavation or other
disturbance of the affected area to immediately cease. The Director of Planning at
his/her sole discretion may require the property to deposit a sum of money it deems
reasonably necessary to allow the City to consult and/or authorize an independent, fully
qualified specialist to inspect the site at no cost to the City, in order to assess the
significance of the find.
9.
Upon determining that the discovery is not an archaeological/cultural resource, the
Director of Planning shall notify the property owner of such determination and shall
authorize the resumption of work. Upon determining that the discovery is an
archaeological/cultural resource, the Director of Planning shall notify the property owner
that no further excavation or development may take place until a mitigation plan or other
corrective measures have been approved by the Director of Planning.
10.
The applicant shall move the fence inward, away from the curb, approximately 18 inches
(interior dimension) from the drive aisle to accommodate landscape materials that match
the commercial building landscaping on the south side of the drive aisle, or to the
satisfaction of the Director of Planning.
11.
The applicant shall exchange the proposed sago palm tree for another tree species that
is currently present on the site, to the satisfaction of the Director of Planning.
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12.
13.
The applicant shall replace the doors on the existing trash enclosure behind the west
side of the proposed fencing with doors that fully screen and match the trash enclosure
on the other (south) side of the drive aisle.
All rules, regulations and requirements enforceable by Alcohol Beverage Control shall be
adhered to at all times.
Prior to the Issuance of Building Permits
14.
A separate building permit shall be required for all signage.
BUILDING AND SAFETY - Mark Harold, Deputy Building Official, (909) 694-6478
15.
Please show clearly on the plans a detail to show conformance with the requirements
for floor level at doors as per California Building Code 1003.3.1.6. Please show at new
door to Patio.
PUBLIC WORKS - Annie Bostre-Le, Special Projects Engineer, (909) 694-6411
Prior to Issuance of a Building Permit
16.
17.
The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and
all Resolutions implementing Chapter 15.06.
The Developer shall pay to the City the Western Riverside County Transportation
Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with,
Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing
Chapter 15.08.
COMMUNITY SERVICES DEPARTMENT - Cathy McCarthy, Development Services
Administrator, (909) 694-6480
18.
The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris, Only the City's franchisee may haul construction debris.
POLICE DEPARTMENT CRIME PREVENTION - Lynne Fanene, Crime Prevention and
Plans Officer, (909) 506-2626
19.
20.
The patio fencing enclosure will be constructed so as not to allow patrons to pass
alcohol to personnel outside the enclosed patio area. Furthermore, the entry/exit point
to the patio will be from the main entry into the business. Any other exit areas will be for
"emergency exit" only and entry from the outside into the patio area should be restricted.
If recurring problems should occur because of alcohol being passed to juveniles or other
personnel from the general public through the fencing, the Temecula Police Department,
at its discretion, reserve the right to approach the City's Planning Commission and
request the fencing requirements be amended.
As a type 48 Licensee (On-Sale General Public Premises), the sale of beer, wine and
spirits for consumption on the premises is authorized. Minors are not allowed to enter
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21.
and remain (see Section 25663.5 for exception, musicians).
required.
Food service is not
Crime Prevention:
a.
All retailing businesses shall contact the California Retailers Association for their
booklet on the California Retail Theft Law at: California Retailers Association
1127-11th Street, Suite 1030, Sacramento, CA 95814 (916) 443-1975. Penal
Code 490.5 affords merchants the opportunity to recover their losses through a
civil demand program.
Business desiring a business security survey of their location can contact the
crime prevention unit of the Temecula Police Department.
Employee training regarding retail theft, credit card prevention, citizen's arrest
procedures, personal safety or any other related crime prevention training
procedures is also available through the crime prevention unit.
Any business that serves or sell any alcoholic beverages will comply with all
guidelines within the Business and Profession Codes and all other guidelines
associated with the State Department of Alcohol Beverage Control. Contact the
Temecula Police Department for inspections and training for both employees
and owners. This includes special events held at business location where
alcohol will be serviced for a fee and the event is open to the general public.
The Temecula Police Department affords all retailers the opportunity to
participate in the "Inkless Ink Program." At a minimal cost of less than $40.00 for
inkless inkpads, retailers can take a thumbprint of every customer using a
personal check to pay for services. A decal is also posted on the front entry of
the business-advising customers of the "Inkless Ink program in use". If the
business becomes a victim of check fraud, the police department will be able to
track the suspect with the thumbprint.
b.
c.
d.
e.
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 Community Development Department approval.
Date
Applicant's Signature
Applicant's Printed Name
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