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HomeMy WebLinkAbout04_061 PC Resolution PC RESOLUTION NO. 2004-061 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0540, A CONDITIONAL USE PERMIT ALLOWING A TOTAL OF FOUR DRIVE-THROUGH FACILITIES WITHIN A RELATED DEVELOPMENT PLAN (PA02-0364) CONSISTING OF APPROXIMATELY 162,860 SQUARE FEET OF RETAIL COMMERCIAL SPACE," LOCATED ON THE NORTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD, KNOWN AS ASSESSOR'S PARCELS NUMBERS 920-100-001 THROUGH 920-100-013. WHEREAS, Pacific Development Partners, LLC, filed Planning Application Nos. PA02- 0360, General Plan Amendment; PA02-0363, Specific Plan Amendment; PA02-0365, Tentative Parcel Map; PA02-0364, Development Plan; and PA04-0540, Conditional Use Permit, for the property consisting of approximately 20.2 acres generally located at the northeast comer of Winchester Road and Nicolas Road known as Assessors Parcel No(s). 920-100-001 through 920-100-013 ("Project"). WHEREAS, Planning Application No. PA04-0540 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 Planning Application No. PA04-0540 on October 20, 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 hearings and after due consideration of the testimony, the Commission recommended the City Council approve the Applications subject to and based upon the findings set forth hereunder; WHEREAS, the Planning Commission adopted Resolution No. 2004-056 recommending that the City Council adopt a Negative Declaration and Mitigation Monitoring Program; WHEREAS, the Planning Commission adopted Resolution No. 2004-056, recommending that the City Council adopt a Negative Declaration and Mitigation Monitoring Program; Resolution No. 2004-057 recommending the City Council approve a General Plan Amendment; Resolution No. 2004-058 recommending the City Council approve a Specific Plan Amendment; and Resolution No. 2004-060, recommending the City Council approve a Development Plan; WHEREAS, at the conclusion of the public hearing and after due consideration of the testimony, the Planning Commission approved Resolution No. 2004-061 recommending that the City Council approve a Conditional Use Permit; R:ID P\2002102.0364 Rorípaugh Town Center\Final PC CUP RESOLUTION.doc 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. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Commission, in recommending the City Council approve Planning Application No. PA04-0540 (Conditional Use Permit) hereby makes the following findings as required by Section 17.04.010 of the Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposal, a request for four drive-through facilities, is consistent with the land use designation and policies reflected in the Roripaugh Estates Specific Plan, the land use standards in the General Plan and the City's Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). 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 because the project site is a' commercial use on commercially zoned land. The building is designed to enhance the surrounding area and therefore will not adversely affect the adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading iacilities, buffer areas, landscaping and other development features prescribed in this Development Code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood; The conditional use is a request for four drive-through facilities on commercially zoned land. The site is adequate in size and shape to accommodate the proposed drive- through facilities without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed Conditional Use Permit includes a request for four drive-through facilities. The nature of this use is not detrimental to the health, safety and general welfare of the community because the proposed project is providing a service that is need in the R:ID P\2002\O2-0364 Rorípaugh Town CenterlFinal PC CUP RESOLUTION.doc surrounding community and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the community. Section 3. Environmental ComDliance. Recommend Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Plan based on the Initial Study, which was prepared pursuant to CEQA Guidelines Section 15072. Section 4. Conditions. That the City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. PA04-0540 (Conditional Use Permit) located on the northeast comer of Winchester Road and Nicolas Road, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by Planning Commission this 20th day of October 2004. ATTEST: 'lþlþ~' V~~ j&/ Debbie Ubnoske, Secretary ~ SEAL] , ",,'\ STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2004-061 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof heid on the 20th day of October 2004, by the following vote of the Commission: AYES: 5 NOES: 0 ABSENT: 0 ABSTAIN: 0 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Mathewson, Olhasso, Telesio PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: None None PLANNING COMMISSIONERS: None ~/ß~~' R:ID P\2002102.0364 Roripaugh Town CenterlFinal PC CUP RESOLUTiON,doc EXHIBIT A FINAL CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT R:\D P\2002\O2.0364 Roripaugh Town CenterlFinal PC CUP RESOLUTION,doc EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA04-0540 Project Description: A Conditional Use Permit allowing a total of four drive- through facilities within a related Development Plan (PA02-0364) consisting of approximately 162,860 square feet of retail commercial space, located on the northeast corner of Winchester road and Nicolas road, known as Assessors Parcel Numbers 920-100-001 through 920-100-013 DIF: Retail Commercial TUMF: Retail Commercial MSHCP: Retail Commercial Approval Date: November 5, 2003 Expiration Date: November 5, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant/developer shall deliver to the Planning Department a check or money order made payable to the Riverside County Clerk in the amount of One Thousand Three Hundred Twenty-Eight Dollars ($1,328.00) which includes the One Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated Negative Declaration required under Public Resources Code Section 21108(a) and California Code of Regulations Section 15075. 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, 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 R:ID P\2002102-0364 Roripaugh Town CenterlFinal PC CUP RESOLUTION,doc 3. 4. 5. 6. 7. 8. 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. 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 may, upon an application being filed within thirty days 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 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. The applicant shall comply with their Statement of Operations dated September 30, 2004, (attached) on file with the Planning Department, unless superceded by these conditions of approval. This Conditional Use Permit may be revoked pursuant to Section 17,03.080 of the City's Development Code. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. If future tenants request the sales of alcohol, a separate conditional use permit shall be submitted for review and approval by the Planning Commission. 9. The applicant shall submit a separate development plan application to review the architecture, hardscape and landscaping for each drive-through facility. The Drive- through lane (pads K and L) shall be screened with a structural component, the length of the building and include landscaped berms. 10. All drive-through lanes, including service windows shall be adequately screened, subject to approval by the Planning Director. POLICE DEPARTMENT 11. All exterior lighting surrounding the project site should be energy-saving and minimized after closing hours of business to comply with the State of California Lighting Ordinance. Furthermore, all exterior lighting must comply with Mt. Palomar Lighting Requirements. R:\D P\2002\O2.0364 Roripaugh Town CenterlFinal PC CUP RESOLUTION,doc 12. 13. 14. 15, 16. 17. All exterior doors should have their own vandal resistant fixtures installed above. The doors shall be illuminated with a minimum one (1) foot candle of light at ground level, evenly dispersed. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. Any graffiti painted or marked upon the buildings shall be removed or painted over within twenty-four (24) hours of being discovered. Notify the Temecula Police Department immediately so a report can be taken. Upon completion of construction, the interior of this facility shall have a monitored alarm system installed and monitored 24-hours a day by a designated private alarm company, to notify the police department immediately of any intrusion. All multi-tenant buildings located within the center should have their own alarm system. All roof hatches shall be painted "International Orange." Any public telephones located on the exterior of this facility should be placed in a well- lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of this facility. 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 Signature Applicant Printed Name R:\D P\2002\O2-0364 Roripaugh Town CenterlFinal PC CUP RESOLUTION,doc