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Home My WebLink About06_010 PC Resolution PC RESOLUTION NO. 06-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0155, A PEDESTRIAN PLAN AND COMPREHENSIVE SIGN PROGRAM FOR BUTTERFIELD SQUARE, A 0.55 ACRE SITE GENERALLY LOCATED AT THE SOUTHEAST CORNER OF OLD TOWN FRONT STREET AND THIRD STREET, ALSO KNOWN AS ASSESSOR PARCEL NUMBERS 922-043-005, 922-043-006, AND 922-043-007 WHEREAS, Allen Robinson filed Planning Application No. PA05-0155, a Pedestrian Plan and Comprehensive Sign Program "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 October 19, 2005, and on February 2, 2006, 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 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. The above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinas. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 17.28.080.8 of the Temecula Municipal Code; A. The proposed signs enhance the development, and are in harmony with, and visually related to all of the signs included in the sign program, the building and/or developments they identify by utilizing materials, colors, or design motifs included in the building being identified, and surrounding development by not adversely affecting surrounding land uses or obscuring adjacent approved signs. The proposed sign program/Pedestrian Plan will enhance the development, is in harmony with and visually relates to all the signs included in the sign program by incorporating common design elements such as colors and materials into the program. The proposed sign program will not adversely affect the surrounding development and land uses or obscure adjacent approved signs. G:\Planning\2005\PAOS-OlSS Butterfield Square Sign Program\Planning\Final PC Reso.doc 1 8. The sign program accommodates future.revisions which may be required due to changes in building tenants; The sign program/Pedestrian Plan accommodates future revisions which may be required due to changes in building tenants by specifying sign location, dimension, material, and color requirements for all current and/or future tenants. C. The proposed sign program satisfies the intent of the Development Code, in that the sign program complies with all the regulations of this Development Code, except that flexibility is allowed with regard to sign area, number, location, and height. Further, to the extent the sign program does not comply with the requirements of the Development Code as to sign area, number, location, and height, the proposed sign program enhances the development and more fully accomplishes the objectives of the Development Code; The proposed sign program/Pedestrian Plan is consistent with the Development Code and the Old Town Specific Plan and the proposed signs will enhance the development. The proposed signs compliment the building architecture and aesthetics and are appropriate for the buildings. Section 3. Environmental Comoliance. The project is Categorically Exempt from environmental review (Class 11 - Accessory Structures) pursuant to section 15311 of the California Environmental Quality Act. Section 15311 applies when a project consists of construction, or replacement of minor structures accessory to existing commercial, industrial, or institutional facilities, including on-premise signs. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the proposed Pedestrian Plan and Comprehensive Sign Program Application. as set forth on attached Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1st day of February, 2006. ,~~1::. ~~i~m: ATTEST: 7>e4, c-I/~ ~ Debbie Ubnoske, Secretary , . , . [SE~!:-] - ~~~. " . ; '-,-~ ~'- \..... ....- ....\..( " " '0 " ). ~ , ~ .,r .. .... '\ ,-...,_ ~. ;\ "'>.'- '--, rl......- . . ", G:\Planning\2005\PAOS.0155 Butterfield Square Sign Program\Planning\Final PC Reso.doc 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 06-10 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of February, 2006, by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Harter, Mathewson, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None 7)~4'tL~~ Debbie Ubnoske, Secretary G:IPlanning\200SIPAOS-OlSS Butterfield Square Sign PrugramIPlanninglFiual PC Resu.due 3 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA05-0155 Project Description: A Pedestrililn Plan and Comprehensive Sign Program for Butterfield Square (PA04-0231), located on a 0.55 acre site, generally located at the southeast corner of Old Town Front Street and Third Street (A.P.N. 922- 043-005, 922-043-006, and 922-043-007). MSHCP Category: NA DIF Category: NA TUMF Category: NA Approval Date: February 1, 2006 Expiration Date: February 1, 2008 PLANNING DEPARTMENT 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 approvaUor 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 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 G:\Planning\2005\PA05-0155 Butterfield Square Sign Program\Planning\Mnal COAs.doc I ...J 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. 3. 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. The Director of Planning may, 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. 5. 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. 6. Development of the premises shall substantially conform to the approved Pedestrian Plan, contained on file with the Planning Department. 7. The erection of signs on the premises shall substantially conform to the approved Sign Program, contained on file with the Planning Department. 8. Illumination of all signs shall conform to the requirements of Ordinance No. 655 to reduce impacts on the Mount Palomar Observatory. Prior to the Issuance of Building Permits 9. A separate building permit shall be required for all sign age. 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. Applicant's Signature Date Applicant's Printed Name G:\Planning\200S\PAOS-0155 Butterfield Square Sign Program\Planning\Final COAs.doc 2