HomeMy WebLinkAbout06_022 PC Resolution
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PC RESOLUTION NO. 06-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE PLANNING
COMMISSION APPROVE A MAJOR MODIFICATION FOR A
COLOR AND MATERIAL CHANGE TO THE FACADE OF AN
APPROVED 8,000 SQUARE FOOT BUILDING ON ~988 ACRES
WITHIN THE OVERLAND CORPORATE CENTER, LOCATED ON
THE NORTHWEST CORNER OF OVERLAND DRIVE AND
MARGARITA ROAD
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Section 1. Michael Schafer filed Planning Application No. PA05-0295 (the "Application")
in a manner in accord with the City of Temecula General Plan, Development Code.
Section 2. The Application was processed including, but not limited to public notice, in
the time and manner prescribed by State and local law.
Section 3. The Planning Commission, at a regular meeting, considered the Application
on March 15, 2006, 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 opposition to this
matter.
Section 4. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission recommended the City Council approve
the Application, and file a Notice of Determination.
Section 5.
by reference.
Section 6. Findinas. That the Planning Commission, in approving the Application,
hereby recommends the following findings as required in Section 17.05.020.F of the Temecula
Development Code;
That the above recitations are true and correct and are hereby incorporated
A. That the proposed project is consistent with the objectives and applicable provisions
of the Development Code, and the purpose of the zoning district in which the site is located;
The project complies with all applicable provisions of the Development Code. The project is
located within the Temecula Regional Center Specific Plan and is a permitted use within that
zone. The proposed project is a fa9ade improvement, which will not change the business
use of the site.
B.
That the proposed project is consistent with the General Plan;
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The proposed project is located within the Professional Office (PO) land use area of the
General Plan. The proposed project is a fa9ade improvement, which will not change the
business use of the site. The project, as conditioned, is also consistent with other applicable
requirements of State law and local ordinances, including the Califomia Environmental
Quality Act (CEQA), and fire and building codes.
C. That the proposed project together with the conditions applicable thereto, will not
detrimental to the public health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity;
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The proposed project will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity. The project has been
reviewed for, and as conditioned, 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 public health, safety and
welfare. '
Section 7. Environmental Compliance On October 11, 1994 the City Council certified the
Environmental Impact Report forthe Temecula Regional Center Specific Plan and Related Planning
Applications, including the Development Agreement ("EIR"). The Planning Commission finds,
based on the administrative record, that the EIR properly addressed all of the environmental issues
encompassed within the First Amendment to the Development Agreement and that: (1) there have
been no substantial changes in the Project which require major revisions of the EIR due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects; (2) no substantial changes have occurred with respect to the
circumstances under which the Project has been undertaken which require major revisions of the
EIR due to the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects; and (3) no new information of substantial
importance exists, which was not know or could not have been known with the exercise of
reasonable diligence at the time of the certification of the EIR which shows the Project would have
one or more significant effects or a more severe significant impact not discussed in the EIR or that
mitigation measures or alternatives not found feasible would in fact be feasible or that other
mitigation measures or alternatives would substantially reduce one or more of the significant effects.
Therefore, neither a subsequent nor a supplemental EIR is required and the Planning Commission
recommends that a Notice of Determination (Determination of Consistency) for which an
Environmental Impact Report was previously adopted (Sec. 15162 - Subsequent EIRs and
Negative Declarations) be filed.
Section 8. Conditions. The Planning Commission of the City of T emecula approves the
Application PA05-0295 for a facade improvement to an approved development plan application
(PA02-0148) for all of the foregoing reasons and subject to the project specific conditions set forth
on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all
other necessary conditions that may be deemed necessary.
. Section 9. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 15th day of March 2006. .
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Rtfn Guerrie ,Chairman
ATTEST:
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Debbie Ubnoske, Secretary
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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 06.22 was duly and regularly adopted by the Planning Commission of the City of
Temecula at a regular meeting thereof held on the 15th day of March, 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Guerriero, Harter, Telesio
None
Chiniaeff
None
~tIh-<- u~ C;4-
Debbie Ubnoske, Secretary
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA05-0295
Project Description:
Major Modification for a color and material change to the
fa~ade of an approved 8,000 square foot building
(Schafer Building) located at the northwest corner of
Margarita Road and Overland Drive.
Assessor's Parcel No.
921-830-017
DIF Category:
TUMF Category:
Retail Commercial
Retail Commercial
MSHCP:
N/A
Approval Date:
Expiration Date:
March 15, 2006
March 15, 2008
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
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 21108(b) and California Code of
Regulations Section 15062. If within said 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)).
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GENERAL REQUIREMENTS
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Planning Department
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 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. The permittee shall obtain City approval for any modifications or revisions to the approval of
this development plan.
4. This approval shall be used within two 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-year period, which is thereafter diligently pursued to completion,
or the beginning of substantial utilization contemplated by this approval.
5. The development of the premises shall substantially conform to the approved site plan and
elevations contained on file with the Planning Department.
6. 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 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
condition 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.
7. Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Planning Director. If it is determined that the landscaping is not being
maintained, the Planning Director 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.
8. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10"
glossy photographic color prints of the approved Color and Materials Board and the colored
architectural elevations. All labels on the Color and Materials Board and Elevations shall be
readable on the photographic prints.
9. 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. . .
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10. The project shall conform with all underlying Conditions of Approval for the Development
Plan (PA02-0148).
11. The project will replace any damaged/removed landscaping as a result of construction
activity. Landscaping installed for the project shall be continuously maintained to the
reasonable satisfaction of the Planning Director. If it is determined that the landscaping is
not being maintained, the Planning Director 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.
12. Lighting shall be consistent with Ordinance No. 655 for the regulation of light pollution.
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PRIOR TO ISSUANCE OF BUILDING PERMIT
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Planning Department
13. A separate building permit shall be required for all signage.
Community Services Department
14. 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.
'15. Prior to issuance of building permits, the developer shall provide TCSD verification of
arrangements made with the City's franchise solid waste hauler for disposal of construction
debris.
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
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16. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
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
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