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HomeMy WebLinkAbout2021-09 PC ResolutionPC RESOLUTION NO. 2021-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA20-1478, A MODIFICATION APPLICATION TO A DEVELOPMENT PLAN TO ADD A 235 SQUARE FOOT HALLWAY, A NEW TOWER ELEMENT TO THE SOUTH FACADE AND UPDATED PAINT AND MATERIALS TO THE DEL TACO RESTAURANT BUILDING LOCATED AT 27453 YNEZ ROAD, AND MAKING A FINDING OF EXEMPTION UNDER SECTIONS 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 28, 2020, Steve Shaw, on behalf of Del Taco, submitted Planning Application PA20-1478, a Modification to a Development Plan, 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 April 21, 2021, 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's Hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA20-1478 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA20-1478 conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Planning Commission, in approving Planning Application No. PA20-1478 hereby makes the following findings as required by Section 17.05.030.E (Modifications to an approved Development Plan) 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. As conditioned, the proposed Modification to the Development Plan is consistent with the General Plan policies for the Community Commercial (CC) land use designation. Specifically, 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. 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. 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. 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 per Section 15301, Class 1 (Existing Facilities). The proposed Modification to the Development Plan involves minor interior and exterior alterations of an existing building involving a negligible expansion of use beyond that existing at the time of the Planning Commission 's determination. The proposed project will add a 235 square foot hallway, a new tower element to the south facade and updated paint and materials to the Del Taco restaurant. Pursuant to CEQA Guidelines Section 15301, the addition is considered negligible as it will not result in an increase of more than 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less. The structure itself is currently 1,895 square feet in size before the addition and, therefore, the proposed improvements are considered minor alterations to an existing building. Section 4. Conditions. The Planning Commission of the City of Temecula hereby approves Planning Application No. PA20-1478, a Modification Application to a Development Plan to add a 235 square foot hallway, a new tower element to the south facade and updated paint and materials to the Del Taco restaurant building located at 27453 Ynez Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 2 PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of April, 2021. uerriero, Chairperson ATTEST: Luke Wagon 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. 2021-09 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21 st day of April, 2021, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABTAIN: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None Luke Watson, Secretary 3 Planning Application No.: Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In -lieu of Fee: Approval Date: Expiration Date: 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. EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL PA20-1478 A modification application to a development plan to add a 235 square foot hallway, a new tower element to the south facade and updated paint and materials on the Del Taco restaurant located at 27453 Ynez Road. 921-260-024 N/A (Existing Building and Parking Lot) Commercial Commercial N/A (Not a Residential Project) N/A (Not Located Within the Uptown Temecula Specific Plan) April 21, 2021 April 21, 2024 2. Ex irAjan. 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 three 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. Slim na e Permits. A separate building permit shall be required for all signage. 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. Paint Maintenance. The applicant shall utilize a paint that is designed to permanently adhere to the all surfaces including the exterior doors. The painted surfaces 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. 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. The mansard roof of the building will be removed to reveal a squared off fagade. Atower element will be incorporated at the south corner of the building to break up the flat elevations of the building. The exterior walls will be furnished with sconces between windows, a metal flashing trim, a new stone veneer base, and finishes to match the current national Del Taco prototype design. The exterior paint scheme includes earth tone including Sherwin Williams Luau Green, Java Brown, Chinese Red, and Modern Gray. 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 building permit issuance. 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. 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. 14. Propert aintenance. 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. Prior to Issuance of Building Permit 15. 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. BUILDING AND SAFETY DIVISION General Requirements 16. Final Buildin and Safe Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. 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. 17. Com fiance with Code. All design components shall comply with applicable provisions of the most current edition of the California Building, Plumbing and Mechanical Codes; California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and Temecula Municipal Code as identified in Title 15 of the Temecula Municipal Code. 18. ADAAccess. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entrance of the building. c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right-of-way to all public areas on site, such as trash enclosures, clubhouses, and picnic areas. 19. Count of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights -of -way. All exterior LED light fixtures shall be 3,000 kelvin or below. 20. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 21. Obtainin Se arate A rovals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 22. Demolition. Demolition permits require separate approvals and permits. 23. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one -quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. FIRE PREVENTION General Requirements 24. Fire Re uirement. Building is non-sprinklered. If any changes occur to the cooking equipment, a permit will be required for the hood system. No other permits are required by fire.