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HomeMy WebLinkAbout2023-11 PC ResolutionPC RESOLUTION NO.2023-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0130, A CONDITIONAL USE PERMIT TO ALLOW FOR A DRIVE-THRU FACILITY LOCATED AT 27425 YNEZ ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-260- 023) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 28, 2023, Maikel Faragalla, filed Planning Application No. PA23-0130, a Conditional Use Permit 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 May 17, 2023, 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. PA23-0130 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: Conditional Use Permits, Development Code Section 17.10.020.0 A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use will be a coffee shop drive-thru. Drive-thru facilities are a permitted use in Community Commercial zoning districts upon the approval of a Conditional Use Permit. The project meets all requirements contained is section 17.10.020.0 of the Development Code. In addition, the use is in conformance with the City of Temecula General Plan for Community Commercial Land Use Districts. B. 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 drive-thru will be one of several already operational within the center. In addition, drive-thru facilities are common within commercial centers. As conditioned, the proposed drive-thru is compatible with the nature, condition, and development of adjacent uses, buildings and structures and the proposed conditional use is not anticipated to 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 facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. The conditional use will allow for a drive-thru that already physically exists and that serviced the previous bank. The drive-thru is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscaping, and other development features described in the Development Code. As conditioned, the drive-thru is well integrated with other uses in the neighborhood and is anticipated to operate without incident. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project has been developed to ensure compliance with the Building, Development, and Fire Codes. These codes contain provisions designed to provide for the health, safety, and general welfare of the community. Negative impacts are not anticipated. E. That the decision to approve, 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 Director, Planning Commission, or City Council on appeal. The decision to conditionally approve the application for the Conditional Use Permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. 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 Application: 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); The project will allow an existing commercial structure to be converted from a bank to a coffee shop. The site is fully developed is less than five acres and does not serve as habitat for endangered species. In addition, the site is currently serviced, and will continue to be serviced, by all utility providers. Negative impacts are not anticipated. Section 4. Conditions, Statement of Operations, and Plans. The Planning Commission of the City of Temecula approves Planning Application No. PA23-0130, a Conditional Use Permit to allow for a drive-thru facility located at 27425 Ynez Road, subject to the Final Conditions of Approval set forth on Exhibit A, and Statement of Operations set forth on Exhibit B, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 17th day of May, 2023. "AWMA-0,4m, wo& , , WE anae Turley, ATTEST: a �& 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 foregoing PC Resolution No. 2023-11 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of May 2023, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Ruiz, Turley-Trejo, Watts NOES: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ABSENT: 2 PLANNING COMMISSIONERS: Hagel, Solis Luke Watson Secretary EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL ACCEPTANCE Planning Application Number: PA23-0130 Parcel Number(s): 921-260-023 By signing below, I/we have agreed to the following Conditions of Approval, including (but not limited to) any referenced documents, local state, or federal regulations, statement of operations, hours of operation, floor plans, site plans, and Conditions that may require the payment or reimbursement of fees, as described. I/we have read the attached Conditions of Approval and understand them. I/we also understand that violations or non-compliance with these Conditions of Approval, may delay a project, and/or result in the revocation of a permit in accordance with the Temecula Municipal Code. I/we are also responsible for disclosing these Conditions of Approval to any successive owners/operators. I/we agree and commit to the City of Temecula that I/we will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. Property Owner Printed Name Property Owner Signature & Date Applicant Printed Name Applicant Signature & Date EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA23-0130 Project Description: Starbucks Drive-Thru CUP: A Conditional Use Permit to allow for a drive-thru facility at 27425 Ynez Road. (Related application PA22-0722, Starbucks Development Plan). Assessor's Parcel No.: 921-260-023 MSHCP Category: Commercial DIF Category: N/A (No New Square Footage) TUMF Category: Per WRCOG Requirements Quimby Category: N/A (Non -Residential Project) New Street In -lieu of Fee: N/A (Not Located within the Uptown Temecula Specific Plan) Approval Date: May 17, 2023 Expiration Date: May 17, 2026 PLANNING DIVISION Within 48 Hours of the Approval Page 1 of 4 Applicant Filing Notice of Determination. APPLICANT ACTION REQUIRED: The applicant/developer is responsible for filing the Notice of Determination as required under Public Resources Code Section 21152 and California Code of Regulations Section 15062 within 48 hours of the project approval. If within said 48-hour period the applicant/ developer has not filed the Notice of Determination as required above, the approval for the project granted shall be void due to failure of this condition. Failure to submit the Notice of Exemption will result in an extended period of time for legal challenges. FEES: Fees for the Notice of Exemption include the Fifty Dollar ($50.00) County administrative fee. The County of Riverside charges additional fees for credit card transactions. FILING: The City shall provide the applicant with a Notice of Determination within 24 hours of approval via email. If the applicant/developer has not received the Notice of Determination within 24 hours of approval, they shall contact the case Planner immediately. All CEQA documents must be filed online with the Riverside County Assessor — County Clerk- Recorder. A direct link to the CEQA filings page is available at TemeculaCA.gov/CEQA. COPY OF FILINGS: The applicant shall provide the City with a digital copy of the required filings within 48 hours. General Requirements 2. Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and Defense Costs, Including Attorneys' Fees, Incurred by the City. The Applicant shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any claims, damages, actions, causes of actions, lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without limitation, attorneys' fees or court costs) in any manner arising out of or incident to the Planning Commission's actions, this approval and the City Council's actions, related entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed challenging the City's determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. Page 2 of 4 3. Expiration. 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. A modification made to an approved development plan does not affect the original approval date of a development plan. 4. 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 five extensions of time, one year at a time. A modification made to an approved development plan does not affect the original approval date of a development plan. 5. 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. 6. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 7. Modifications or Revisions. The developer shall obtain City approval for any modifications or revisions to the approval of this project. 8. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 9. 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. 10. Display of Conditional Use Permit. The City of Temecula Approval Letter for the Conditional Use Permit shall be displayed on the premises in a conspicuous place so that law enforcement and city staff entering the establishment may readily see the Conditional Use Permit. A copy of the stamped approved floor plan/site plan approved with the Conditional Use Permit and the full set of Conditionals of Approval (including all previous approvals) shall always be kept on the premises and made available at the request of any law enforcement officer, fire marshal, code officer, or deputy fire marshal. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit Page 3 of 4 11. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this approval. Page 4 of 4 CITY OF TEMECULA PLANNING DEPARTMENT CONDITIONALLY APPROVED SUBJECT TO THE FINDINGS AND CONDITIONS OF APPROVAL, AS APPROVED MODIFICATIONS REQUIRE CITY APPROVAL eric.jones 05/18/2023 43180 Business Park Drive Suite 203 Temecula, CA 92590 714-331-6114 1 info(@urbandwellarchitects.com Date: 06-27-22 Project name: Starbucks Ynez RD. Project Address: 27425 Ynez Rd. Temecula, CA 92591 APN: 291-260-023 Section C: Statement of Operations/ justification We are writing this statement as an amendment to section C per the city of Temecula planning division modification application. • Proposed modification is a tenant improvement for Starbucks coffee shop to an existing building (former bank). Proposed Starbucks will operate as a drive-thru facility and proposed on site indoor and outdoor seating. • Hours and days of operation: proposed Starbucks will operate 24 Hours a day on all week days. • Number of employees per shift: 4 employees/ shift • No proposed private security required. • Estimated number of customers: +/- 50 occ. • Total number of parking spaces: 14 stalls (2 ADA, 2 EV ready one of which is ADA) • No food preparation/ cooking on site, all of the proposed food will be prepackaged food heated as required and served to customers. • No Alcohol served on site; proposed facility offers hot/cold non-alcoholic beverages. • No sound entrainment proposed on site. Planning Application No. PA22-0722 (MOD) PA23-0130 (CUP) CITY OF TEMECULA CONDITIONS OF APPROVAL ACCEPTANCE Planning Application Number: PA23-0130 Parcel Number(s): 921-260-023 By signing below, I/we have agreed to the following Conditions of Approval, including (but not limited to) any referenced documents, local state, or federal regulations, statement of operations, hours of operation, floor plans, site plans, and Conditions that may require the payment or reimbursement of fees, as described. I/we have read the attached Conditions of Approval and understand them. I/we also understand that violations or non-compliance with these Conditions of Approval, may delay a project, and/or result in the revocation of a permit in accordance with the Temecula Municipal Code. I/we are also responsible for disclosing these Conditions of Approval to any successive owners/operators. I/we agree and commit to the City of Temecula that I/we will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. Property Owner Printed Name Property Owner Signature & Date Applicant Printed Name Applicant Signature & Date EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA23-0130 Project Description: Starbucks Drive-Thru CUP: A Conditional Use Permit to allow for a drive-thru facility at 27425 Ynez Road. (Related application PA22-0722, Starbucks Development Plan). Assessor's Parcel No.: 921-260-023 MSHCP Category: Commercial DIF Category: N/A (No New Square Footage) TUMF Category: Per WRCOG Requirements Quimby Category: N/A (Non -Residential Project) New Street In -lieu of Fee: N/A (Not Located within the Uptown Temecula Specific Plan) Approval Date: May 17, 2023 Expiration Date May 17, 2026 PLANNING DIVISION Within 48 Hours of the Approval Page 1 of 4 Applicant Filing Notice of Determination. APPLICANT ACTION REQUIRED: The applicant/developer is responsible for filing the Notice of Determination as required under Public Resources Code Section 21152 and California Code of Regulations Section 15062 within 48 hours of the project approval. If within said 48-hour period the applicant/ developer has not filed the Notice of Determination as required above, the approval for the project granted shall be void due to failure of this condition. Failure to submit the Notice of Exemption will result in an extended period of time for legal challenges. FEES: Fees for the Notice of Exemption include the Fifty Dollar ($50.00) County administrative fee. The County of Riverside charges additional fees for credit card transactions. FILING: The City shall provide the applicant with a Notice of Determination within 24 hours of approval via email. If the applicant/developer has not received the Notice of Determination within 24 hours of approval, they shall contact the case Planner immediately. All CEQA documents must be filed online with the Riverside County Assessor — County Clerk- Recorder. A direct link to the CEQA filings page is available at TemeculaCA.gov/CEQA. COPY OF FILINGS: The applicant shall provide the City with a digital copy of the required filings within 48 hours. General Requirements Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and Defense Costs, Including Attorneys' Fees, Incurred by the City. The Applicant shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any claims, damages, actions, causes of actions, lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without limitation, attorneys' fees or court costs) in any manner arising out of or incident to the Planning Commission's actions, this approval and the City Council's actions, related entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed challenging the City's determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. Page 2 of 4 3. Expiration. 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. A modification made to an approved development plan does not affect the original approval date of a development plan. 4. 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 five extensions of time, one year at a time. A modification made to an approved development plan does not affect the original approval date of a development plan. 5. 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. 6. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 7. Modifications or Revisions. The developer shall obtain City approval for any modifications or revisions to the approval of this project. 8. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 9. 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. 10. Display of Conditional Use Permit. The City of Temecula Approval Letter for the Conditional Use Permit shall be displayed on the premises in a conspicuous place so that law enforcement and city staff entering the establishment may readily see the Conditional Use Permit. A copy of the stamped approved floor plan/site plan approved with the Conditional Use Permit and the full set of Conditionals of Approval (including all previous approvals) shall always be kept on the premises and made available at the request of any law enforcement officer, fire marshal, code officer, or deputy fire marshal. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit Page 3 of 4 11. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this approval. Page 4 of 4 EXHIBIT B CITY OF TEMECULA PLANNING DEPARTMENT CONDITIONALLY APPROVED SUBJECT TO THE FINDINGS AND CONDITIONS OF APPROVAL, AS APPROVED. MODIFICATIONS REQUIRE CITY APPROVAL. eric.jones 05/18/2023 43180 Business Park Drive Suite 203 Temecula, CA 92590 714-331-6114 1 info@urbandwellarchitects.com Date: 06-27-22 Project name: Starbucks Ynez RD. Project Address: 27425 Ynez Rd. Temecula, CA 92591 APN: 291-260-023 Section C: Statement of Operations/ justification We are writing this statement as an amendment to section C per the city of Temecula planning division modification application. • Proposed modification is a tenant improvement for Starbucks coffee shop to an existing building (former bank). Proposed Starbucks will operate as a drive-thru facility and proposed on site indoor and outdoor seating. • Hours and days of operation: proposed Starbucks will operate 24 Hours a day on all week days. • Number of employees per shift: 4 employees/ shift • No proposed private security required. • Estimated number of customers: +/- 50 occ. • Total number of parking spaces: 14 stalls (2 ADA, 2 EV ready one of which is ADA) • No food preparation/ cooking on site, all of the proposed food will be prepackaged food heated as required and served to customers. • No Alcohol served on site; proposed facility offers hot/cold non-alcoholic beverages. • No sound entrainment proposed on site. Planning Application No. PA22-0722 (MOD) PA23-0130 (CUP)