Loading...
HomeMy WebLinkAbout062106 PC Agenda J II In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE June 21, 2006 - 6:00 P.M. Next in Order: Resolution No. 06-49 CALL TO ORDER Flag Salute: RollCall: Commissioner Guerriero Carey, Chiniaeff, Guerriero, Harter, and Telesio PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three (3) minute time limit for individual speakers. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of June 7. 2006 R:\PLANCOMMlAgendas\2006\06-21-ll6.doc 1 2 Director's Hearina Case Update RECOMMENDATION: 2.1 Approve the Director's Hearing Case Update for May 2006 COMMISSION BUSINESS PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those Issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. New Items 3 Plannina Application No. PA06-0059. a Minor Conditional Use Permit. submitted bv Steve Hale. to allow for the sale of beer. wine. and distilled spirits ITv~e 47 On-Sale General - Eatino Place) from an approved-restaurant (Olive Garden). located on the southeast comer of Overland Drive and NicOle Lane. Stuart Fisk. Associate Planner. 4 Plan nino Application No. PA06-0070. a Maior Modification to a Development Plan. submitted bv Michael Palmer of Staubach Companv, to add 3.200 spuare feet of buildino area under an existing canopy. to add a paraoet wall alono the new building areas.. and to revise the exterior wall confiouration for the service writer area of an automobile dealershi~ located at 26799 Ynez Road. Stuart Fisk. Associate Planner. COMMISSIONERS' REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next regular meeting: Wednesday, July 5, 2006, 6:00 p.m., Council Chambers, 43200 Business Park Drive, Temecula, California. R:\PlANCOMMlAgendas\2006\06-21-ll6.doc 2 rrEl\'1 #1 . .' ~ MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION JUNE 7,2006 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on Wednesday, June 7, 2006, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Chairman Guerriero thanked Ms. Eve Craig for the prelude music. ALLEGIANCE Commissioner Chiniaeff led the audience in the Flag salute. ROLL CALL Present: Commissioners: Carey, Chiniaeff, Harter, Telesio, and Chairman Guerriero" Absent: None. PUBLIC COMMENTS No public comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of May 17, 2006. MOTION: Commissioner Chiniaeff moved to approve the Consent Calendar. Commissioner Carey seconded the motion and voice vote reflected unanimous approval. R:\MinutesPC\060706 ~ PUBLIC HEARING ITEMS New Items 2 Planninp Application No. PA06-0055. a Development Plan. submitted bv Scott Frick of Lennar Homes. for 76 detached sinole-familv cluster homes in Tracts 32436.1 and 32436-F.. located on the north side of Date Street adiacent to the northeast comer of the intersection of Ynez Road and Date Street in the Harveston Scecific Plan Associate Planner Damko, per PowerPoint Presentation, provided a staff report (of record), highlighting on the following: . Architectural Elements . Building Elements/Mass, Height, and Scale . Materials and Colors . Product Placement . Environmental Determination. At this time, the public hearing was opened. Mr. Scott Frick, applicant, noted his enthusiasm for the proposed project and thanked city staff for their efforts with the project. Mr. Frick also noted that it would be his intent to repeat this type of product for the final phase of Harveston. Expressing his appreciation for the design work on the proposed project, Commissioner Chiniaeff thanked the applicant for their efforts. MOTION: Commissioner Chiniaeff moved to approve staff recommendation subject to the Conditions of Approval. Commissioner Harter seconded the motion and voice vote reflected unanimous approval. PC RESOLUTION NO. 06-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA 06-0055, A DEVELOPMENT PLAN (PRODUCT REVIEW) FOR 76 DETACHED SINGLE-FAMILY CLUSTER HOMES LOCATED IN TRACTS 32436-1 AND32436-F, ON THE NORTH SIDE OF DATE STREET, ADJACENT TO THE NORTHEAST CORNER OF THE INTERSECTION OF YNEZ ROAD AND DATE STREET IN THE HARVESTON SPECIFIC PLAN R:\MinulesPC\060706 2 3 Planninq Application No. PA06-0046. a Development Plan. submitted by Paul Gupta of Binaca Prooerties. for three retail buildinos totalino 29.498 souare feet on 3.46 oross acres.. located on the southeast comer of Maroarita Road and DePortola Road Per PowerPoint Presentation, Associate Planner Schuma provided a staff report (of record), noting the following: . Project Description . Location . General Plan and Zoning . Site Plan Analysis . Architectural Analysis . Landscaping Analysis . Access, Circulation, and Parking . Environmental Determination . That all FAR references in staff report should reflect the correct FAR as 25 percent and correct acreage of the site at 2.76 . That Condition of Approval No. 11 be changed from indicating the wrought iron to be painted and instead, be left a natural wrouoht iron color . That Condition of Approval No. 66b was modified to include 24" box Chinese Flame trees along DePortola Road. That with respect to the architecture of Building No.3, Principal Planner Hazen stated that due to the visual aesthetics of the rooftop equipment from DePortola and Margarita Road, staff would recommend lowering the front parapet on the interior of the site to 18 to 24 inches, eliminating the wrought iron, and raising the center portion to the height of the interior parapet. That staff has discussed this with the applicant and he would be in concurrence. Understanding staff's recommendation with regard to the parapet, Commissioner Chiniaeff noted that it would be his opinion that adding a third roof element across the center of Building 3 would help to screen the rooftop equipment. Commissioner Chiniaeff also expressed concern with the elevations of Building 3 facing north bound on Margarita Road. In response to Chairman Guerriero's query, Associate Planner Schum a noted that the 10-foot landscape easement along the parking lot on Margarita Road will not be bermed, but could be discussed with the applicant if it were the desire of the Planning Commission. At this time, the public hearing was opened. Mr. Paul Gupta, applicant, noted that he would be in agreement of all the Conditions of Approval, but did express concern with Condition of Approval No. 66a. Referencing Mr. Gupta's concern with regard to Condition of Approval No. 66a, Principal Planner Hazen noted that the applicant would not have to add any signage, rather staff will work with the applicant with regard to landscaping. Mr. Gupta would request to powder-coat the railings and wrought iron elements, and would be desirous of painting railings and wrought iron elements dark brown. Mr. Gupta also expressed concern with Condition of Approval No. 72a R:\MinutesPC\060706 3 ..... -- In response to Mr. Gupta's concern with Condition of Approval No. 72a, Deputy Public Works Director Parks noted that the improvements would be to improve the sidewalks and street lights to meet the current City standards; that the existing pavement would be adequate; that the curb and gutter would be in; and that there would not be any additional pavement being imposed by the applicant. With regard to the Commission's concern with the center of Building No.3, Mr. Gupta noted that he would be willing to work with staff and add another tower in the center of the building if that would be the desire of the Planning Commission. Mr. Don Veasey, architect, noted that he would be willing to work with staff to raise parapets and change the center elements on Building 3; and that with regard to the parking lot concern, he stated that not only will there be trees, but that there would also be flower beds along the parking lot area. Clarifying for Mr. Veasey, Commissioner noted that his desire would be to have the roof of Building 3 to be on the front of the building and on the back of the building;. and that with regard to the windows of the back of the building, facing DePortola, he would request that the applicant add arches over the windows Building 3. Mr. Veasey stated that he would be willing to address the Planning Commission's concerns. At this time, the public hearing was closed. MOTION: Commissioner Telesio moved to approve staff recommendation subject to the changes as made by the Planning Commission and agreed upon by the applicant. Commissioner Chiniaeff seconded the motion and voice vote reflected unanimous approval. PC RESOLUTION NO. 06-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0046, A DEVELOPMENT PLAN TO CONSTRUCT A 29,498 SQUARE FOOT NEIGHBORHOOD RETAIL SHOPPING CENTER THAT INCLUDES THREE BUILDINGS ON 3.46 GROSS ACRES LOCATED ON THE SOUTHEAST CORNER OF MARGARITA ROAD AND DEPORTOLA ROAD 4 Plannino Application Nos. PA06-0079 and PA03-0634. an Extension of Time for a previously approved Development Plan and Home Product Review. submitted bv Tanamera Homes. for 113 detached sinole-familv homes. located in Planninq Area 4B of the Roripauoh Ranch Soecific Plan. south of Murrieta Hot Sprinos Road and west of Butterfield Staoe Road Associate Planner Schuma presented a staff report (of written material), highlighting on the following: . Project Description . Background Summary R:\MinutesPC\060706 4 . Analysis . An Extension of Time Request . Architectural Review . Environmental Determination. For the Planning Commission, Ms. Schuma noted that there would not be any new Conditions of Approval that would change the architecture of the product and the applicant would be in agreement of all old and new Conditions of Approval. At this time, the public hearing was opened. Ms. Megan Kenny, representing Tanamera Residential Group, thanked staff for their efforts with regard to the project, and would be in agreement of all Conditions of Approval. At this time, the public hearing was closed. MOTION: Commissioner Chiniaeff moved to approve the extension of time as requested by staff. Commissioner Telesio seconded the motion and voice vote reflected unanimous approval PC RESOLUTION NO. 06-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0079, THE FIRST ONE-YEAR c^lcNSION OF TIME FOR PLANNING APPLICATION NO. PA03-0634, A PRODUCT REVIEW FOR 113 DETACHED SINGLE-FAMILY RESIDENCES WITHIN PLANNING AREA 4B OF THE RORIPAUGH RANCH SPECIFIC PLAN LOCATED SOUTH OF MURRIETA HOT SPRINGS ROAD COMMISSIONERS' REPORTS . ..c'''' A. Commissioner Telesio advised staff that itwould not be necessary for staff to provide a full staff report for requests of extension of time, unless absolutely necessary. Commissioner Telesio also noted that he will be confining his meetings with applicants to issues and/or concerns only. The Planning Commission concurred with Commissioner Telesio's comment. Commissioner Chiniaeff thanked staff for the update with regard to the Home Depot on lower 79 South. In response to Chairman Guerriero's concern with dust and dirt at the construction site on Overland Road, across the street from Costco, Deputy Director of Public Works Parks stated that inspections take place daily and that if a construction were to be in violation, they would be shut down. R:\MinutesPCI060706 5 Mr. Parks also stated that due to the Regional Water Quality Control Management Plan, it has been challenging to build high berms, and that Planning staff will be trained to better deal with such issues. . For the Planning Commission, Director of Planning Ubnoske noted that she will ensure that there would funds to pay for the Western Riverside Council of Governments (WRCOG) seminar. PLANNING DIRECTOR'S REPORT Director of Planning Ubnoske advised that Planning Commission that Harmony Linton, Assistant Planner, accepted a position with the private sector in San Diego, and will no longer be working for the City of Temecula. ADJOURNMENT At 6:50 p.m., Chairman Guerriero formally adjourned to Wednesdav. June 21. at 6:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. Ron Guerriero Chairman Debbie Ubnoske Director of Planning R:\MinutesPC\060706 6 ... I ITEM #2 .' CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission FROM: Debbie Ubnoske, Director of Planning DATE: June 21, 2006 SUBJECT: Director's Hearing Case Update Planning Director's Agenda items for May 2006. May 18, 2006 Case NO: Acti6!"l P A06-0096 A Development Plan to construct a Aaron Kendrick, APPROVED 1,618 stall 485,447 square foot Advanced Cardio parking structure, and a Minor Vascular Systems. Exception request to reduce the front yard setback from20 feet to 17 feet and to reduce the parking space width from 9 feet to 8 )i2 feet, located at the northeast corner of Ynez Road and Motor Car Parkwav Attachment: 1. Action Agenda - Blue Page 2 - ~.. R,IDIRHEARIMEM0\2006\06-21-2l106.doc R,IDIRHEARIMEM0I2006\06-21-2006.doc ATTACHMENT NO.1 ACTION AGENDA 2 ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING May 18, 2006 1 :30 p.m. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Don Hazen, Principal Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Principal Planner on items that are not listed on the Agenda. Speakers are limited to three'(3) minutes each. If you desire to speak to the Principal Planner about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Principal Planner. When you are called to speak, please come forward and state vour name and address. Item No.1 Project Information Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: 1 :30 p.m. PA06-0096 Development Plan Guidant Parking Aaron Kendrick, Advanced Cardio Vascular Systems A Development Plan application to construct a 1,618 stall 485,447 square foot parking structure, and a Minor Exception request to reduce the front yard setback from 20 feet to 17 feet and to reduce the parking space width from 9 feet to 8 1-2 feet. Northeast comer of Ynez Road and Motor Car Parkway Categorically exempt from further environmental review per CEQA Section 15162, Subsequent EIRs and Negative Declarations Harmony Linton APPROVED P:\Planning\Directors-Hearing\2006\05-18-06 Action Agenda.doc J ITEM #3 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: June 21. 2006 Prepared by: Stuart Fisk Title: Associate Planner PROJECT DESCRIPTION: Planning Application No. PA06-0059, a Minor Conditional Use Permit to allow for the sale of beer, wine, and distilled spirits (Type 47 On-Sale General - Eating Place) from an approved restaurant (Olive Garden), generally located at the southeast corner of Overland Drive and Nicole Lane RECOMMENDATION: l8J Approve with Conditions o Deny D Continue for Redesign D Continue to: D Recommend Approval with Conditions D Recommend Denial CECA: D Categorically Exempt (Section) (Class) l8J Subsequent Negative Declaration (Section) 15162 D Mitigated Negative Declaration with Monitoring Plan DEIR G:\Planning\2006\PA06-OO59 Olive Garden - Minor CUP\Planning\STAFF REPORTdoc I PROJECT DATA SUMMARY Name of Applicant: Steve Hale Date of Completion: March 6. 2006 Mandatory Action Deadline Date: June 6. 2006 General Plan Designation: Community Commercial (CC) Zoning Designation: Community Commercial (CC) Site/Surrounding Land Use: Site: Restaurant (under construction) North: South: East: West: Restaurant (Red Lobster) Guidant ParkinQ Lot RetaiVOffice (under construction) RestauranVRetail (under construction) Lot Area: 5.6 acres Total Floor Area/Ratio: 7.685 square feeVNlA Limdscape Area/Coverage: N/A Parking Required/Provided: N1A BACKGROUND SUMMARY Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The proposed request is the sale of beer, wine and distilled spirits (Type 47 On-Sale General - Eating Place) from an approved restaurant (Olive Garden) in the Community Commercial zone. The project site is generally located at the southeast corner of Overland Drive and Nicole Lane. Section 17.08.030 of the Development Code requires that a restaurant serving distilled spirits must obtain a conditional use permit from the Planning Commission. Staff has verified through the Department of Alcohol Beverage Control (ABC) that the project site is within Census Tract 0432.16. A total of 55 on-sale licenses currently exist in the tract and six are allowed before it is considered "over-concentrated". Although ABC considers this Census Tract to be over-concentrated, ABC does not require that the Planning Commission make Public Convenience or Necessity Findings for restaurants. G:\Planningl2006\PA06,OO59 Olive Garden - Minor CUf'lPlanninglST AFF REPORT.doc 2 J The proposed use is consistent with the General Plan and zoning designation (Community Commercial), as well as the standards within the Development Code. Section 17.10.020 of the Development Code requires that businesses selling alcoholic beverages and requiring a Conditional Use Permit shall not be located within 500 feet of any religious institution, school, or public park if the alcohol-selling business and church, school, or park are not both located within commercial or industrial zones. The project is not less than 500 feet from a religious institution, school or a public park. The closest religious institution is located approximately 3,000 feet from the project site, and there are no schools or public parks in the immediate vicinity of the project site. The proposed project is compatible with the nature, condition and development of adjacent uses, buildings, and structures because the proposed project will provide additional convenience for the community, and will allow the business at the project site to be competitive with other similar restaurants selling beer, wine, and distilled spirits in the vicinity of the project site. ENVIRONMENTAL DETERMINATION The City Council adopted a Negative Declaration in association with the land use designation and zoning amendment from Business Park (BP) to Community Commercial (CC) in 2003. Based on the project description and associated additional information, staff has determined that the proposed project is consistent with the previously adopted Negative Declaration. Therefore. consistent with Section 15162 (Subsequent EIRs and Negative Declarations), staff recommends that the Planning Commission determine that no subsequent environmental review is required for the project. CONCLUSION/RECOMMENDATION Staff has reviewed the proposed project and has determined that the project is consistent with the General Plan and Development Code. Therefore, staff recommends that the Planning Commission adopt a Resolution approving the Conditional Use Permit with the attached Conditions of Approval. FINDINGS .7"'':--:......+~_ Conditional Use Permit (Code Section 17.040.010.E) 1. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the sites General Plan and zoning (Community Commercial), as well as the standards within the Development Code. 2. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed minor conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project is compatible with the nature, condition and development of adjacent uses, buildings, and structures because the proposed project will provide additional convenience for the community, and will allow the business at the project site to be competitive with other similar restaurants selling beer, wine, and distilled spirits in the vicinity of the project site. G:\Planningl2OO6lPA06-0059 Okv. Garden - Minot CUPlPlanninglST AFF REPORT.doc 3 3. 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 the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The Olive Garden restaurant adequately provides all improvements including walls, fences, parking and loading facilities, buffer area, landscaping and all other features as required in the Development Code and by Planning Commission in order to integrate the use with other uses in the neighborhood. 4. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare to the community because the project will provide an additional convenience to the community, and the site is consistent with the City policies regarding separation of sensitive uses. In addition, the City Police Department has reviewed the proposed project and has issued Conditions for Approval. 5. 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 Commission or City Council on appeal. The project has been reviewed, as a whole, in reference to all applicable codes and ordinance before the Planning Commission. ATTACHMENTS 1. Vicinity Map - Blue Page 5 2. Sensitive Use 500 Foot Buffer Map - Blue Page 6 . ......' . 3. Plan Reductions - Blue Page 7 4. PC Resolution No. 06-_ - Blue Page 8 Exhibit A - Draft Conditions of Approval 5. Statement of Operations - Blue Page 9 G:\Planning\2006\PA06-OO59 Olive Garden - Minor CUP\Planning\STAFF REPORT.doc 4 ATTACHMENT NO.1 VICINITY MAP G:\Planning\2006\PA06-0059 Olive Garden - Minor CUPlPlanninglST AFF REPORT.doc 5 VICINITY MAP P A06-0059 Olive Garden MCUP (Alcohol) ~. ,',; !\') r"; ~\ ! . ATTACHMENT NO.2 SENSITIVE USE 500 FOOT BUFFER MAP mplanningl2006\PA06-0059 Olive Garden - Minor CUPIPIanninglST AFF REPORT.doc 6 J Legend l' Religious Facilities Parks pj-f'li Schools L..J City Boundary .-:~'.,~':,~,'.-/~I. ATTACHMENT NO.3 PLAN REDUCTIONS ,'qt.,,;:: :4 ,... ~ .;~;~:-- - .. OoIPlanning\2006\P A06-OO59 Olive Garden . Minor CUPlPlanninglST AFF REPORT-doc 7 r-......_ l!l --- iJ i~i! I DiUl, . -----. t ~i ~ I Q.' .I..L~ ~\~~li!'1 . ~~. I Ipl I~ , i I~; t il< ~ · I t ,I '1':.1 'I, :;.!II\i' : I~\. '.l\\~'\~ UtM\rJ)1 , ~ -._~ ,..;,J s . I ii, I ~ I \ ~ i\ ~, ~ . . i~ I H j. l, 1 ) III !! l>ll nIl \l . , . . I ~ 'i O'i'-I~ o~~ ',0 ~. -.', '~ . ."" "$_:~"; ,. :,.~ ~^'.-..., .,,- .;,. , , \ . . \ , \ . . \ , . \ :.',c' .~.~'~' .'~ ~. I~,.;;;. :;: y': .,: . . A ~, ~ ~ . ~~ ~, "t \ i ,~~ i~:~~j -~.'>' , . \ . . - l~~"""'" _rl.-~ \;~/ _'ICY;'/' C/' ......." ~ i t _ i i I II i ;::~ ',"',', ___,......c o. ., 11"1 ~hlll'I' I'l '" Ill" I . I 1, U I 0_ . !."- ..,;;0.._ @ _1 '0 ~......... 'R. - J II n ~~ iSI! I illl .- ~~ ihf 1. JJ.!J. @ 0l ~ . ~.. ' i. ~ 1_ LC- <jl _~A. !t ! . .il ..j Iii ~ I ->. I ~II' . I '!' . bt -''', --. .....~ i' i i i I I I 1 r I I I 'H-*l-' I', "1 ", '" _L-....._L......L....J_ I " '" '" ", "" " , '" " ",.," r ~ Ii ~ !l ---.---'-1 , ~~ ., j' I!l: ' 4> I, :I-~ :. ; +r-----~"-€ -, , II " ", I i "s " , -,---- " " ' , " II I I " II I ~ I r '1)- II I . , lItf\;;1l1 , : ::m:l : : I l : :: :: : Lnn_nnnn_ _-, ~ ! !! !L-l i -~--lr -@ :: ;-~~I_~_=n t-- ! GJ~ t, J -: : . : 1 r , 1$:~. @i~ '!l [ i! 'f----- -------:.l,r-- 11 I' I' 1 ' I l I , . I , - I 1=~--=--::-f-:-~::-:_:~~:~ ~::-~ :-:':"::::~~":':::--:-":"::-:-~L .~l f' I ,I III I ;!',(. !,! !II' Ii!! ~ :1 ~~ !I II !;~, '.11. I !I III !, Ii!: m,~; mil iiil! Ii I; m I ~ ,'.' -,=" ~ 1--_.. .,~. __ -.- 1 c:o , 0"-1 : , , r" _~a , I . I I --i -: '.. ......-.. -. ........ o It lhj .1!1 IIIi ._- @J --~ , (0 __"'W,_ ATTACHMENT NO.4 PC RESOLUTION NO. 06-_ G:\Planning\2006\PA06-0059 Olive Garden - Minor CUP\Ptanning\ST AFF REPORT-doc 8 - PC RESOLUTION NO. 06- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0059, A REQUEST FOR A MINOR CONDITIONAL USE PERMIT TO ALLOW FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS (TYPE 47 ON-SALE GENERAL - EATING ESTABLISHMENT) FROM AN APPROVED RESTAURANT (OLIVE GARDEN), GENERALLY LOCATED AT THE SOUTHEAST CORNER OF OVERLAND DRIVE AND NICOLE LANE Section 1. Steve Hale, representing Temecula MO, LLC, filed Planning Application No. PA06-0059 on March 6, 2006, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. Planning Application No. PA06-D059 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. Section 3. The Planning Commission, at a regular meeting, considered Planning Application No. PA06-0059 on June 21, 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 in opposition to this matter. Section 4. At the conclusion of the Planning Commission's Hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA06-0059 subject to the conditions of approval after finding that the project proposed in Planning Application No. PA06-0059 conformed to the City of Temecula General Plan and Development Code. Section 5. The above recitations are true and correct and are hereby incorporated by reference. Section 6. Findin!js. The Planning Commission, in approving Planning Application No. PA06-0059 (Minor Conditional Use Permit) hereby makes the following findings as required by Section 17.04.010.E of the Temecula Municipal Code. A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the General Plan and zoning designation (Community Commercial), as well as the standards within the Development Code. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed minor conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed project is compatible with the nature, condition and development of adjacent uses, buildings, and structures because the proposed project will provide additional convenience for the community, and will allow the business at the project site O,IPlanningl2OO6IPA06-0059 Olive Garden - Minor CUPlPlanninglDraft PC Reso.doc . I to be competitive with other similar restaurants selling beer, wine, and distilled spirits in the vicinity of the project site. . 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 the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The Olive Garden restaurant adequately provides all improvements including yards, walls, fences, parking and loading facilities, buffer area, landscaping and all other features as required in the Development Code and by Planning Commission in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare to the community because the project will provide an additional convenience to the community, and the site is consistent with the City policies regarding separation of sensitive uses. In addition, the City Police Department has reviewed the proposed project and has issued Conditions for Approval. 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 Commission or City Council on appeal. The project has been reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. Section 7. Environmental Compliance. The City Council adopted a Negative Declaration in association with the land use designation and zoning amendment from Business Park (BP) to Community Commercial (CC) in 2003. Based on the project description and associated additional information, the proposed project is consistent with the previously adopted Negative Declaration. Therefore, consistent with CEQA Section 15162 (Subsequent EIRs and Negative Declarations), no subsequent environmental review is required for the project. Section 8. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Planning Application No. PA06-0059. a request for a Minor Conditional Use Permit to allow for the sale of beer, wine, and distilled spirits (Type 47 On-Sale General - Eating Establishment) from a building, generally located at the southeast corner of Overland Drive and Nicole Lane, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. G:\Planning\2006\PA06-OOS9 Olive Garden - Minor CUP\PIanning\Draft PC Reso.doc 2 Section 9. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2151 day of June, 2006. Ron Guerriero, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 06- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2151 day of June 2006, by the following vote: AYES: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\2006\PA06-0059 Olive Garden - Minor CUP\Planning\Draft PC Reso.doc 3 EXHIBIT A DRAFT CONDITIONS OF APPROVAL G:\PIanning\2006\PA06-0059 Olive Garden - Minor CUP\Plaoning\Draft PC Reso.doc 4 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No. PA06-o059 Project Description: A Minor Conditional Use Permit to allow for the sale of beer, wine, and distilled spirits (Type 47 On-Sale General - Eating Establishment) from an approved restaurant (Olive Garden), generally located at the southeast corner of Overland Drive and Nicole Lane Assessor's Parcel No.: 921-810-026 MSHCP Category: NA DIF Category: HA TUMF Cate8Ory: NA Approval Date: June 21, 2006 Expiration Date: June 21, 2008 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicanVdeveloper 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 48-hour period the applicanVdeveloper 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)). G:\Planning\2006\PA06-OO59 Olive Garden - Minor CUP\Planning\Draft COA ~ MCUP.doc I GENERAL REQUIREMENTS G:\Planning\2OO6\PA06-OO59 Olive Garden ~ Minor CUP\PIauning\Oraft COA - MCUP.doc 2 Planning Department 2. 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 copy to the Planning' Department for their files. 3. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 4. The applicant and owner of the teal 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. 5. Within two years of approval of this permit, commencement of the use shall have occurred or the approval shall be subject to expiration. 6. If commencement of the use has not occurred within two years of approval of this permit, the permittee may, prior to the expiration of the conditional use permit, apply for up to three one-year extensions of time. Each extension of time shall be granted in one-year increments only. 7. The City, and its Planning Director, 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 the business, a change in scope, emphasis, size or 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 planning director, planning commission, and City Council is in addition to, and not lieu of, the right of the City, its director of planning, planning commission, and City Council to review and 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. 8. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcoho/ and Drugs (l.EAD.) training from the California Department of Alcoholic Beverage Control. G:\Planning\2006\PA06-OO59 Olive Garden - Minor CUP\Planning\Draft COA - MCUP.doc 3 9. An 8.5" x 11" .(or larger) _l!.ign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number (951 )-676-5090). 10. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 11. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 12. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Police Department 13. The Applicant has applied for a Type 47 (On Sale General- Eating Place) through the Riverside District Office of Alcoholic Beverage Control. A Type 47 license authorizes the sale of beer, wine, and distilled spirits for consumption on the licensed premises and authorizes the sale of beer and wine for consumption off the licensed premises. The business associated with the licensed premises must operate and maintain as a bona fide eating place. The business must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. - 9:00 a.m., 11 :00 a.m. - 2:00 p.m., and 6:00 p.m. - 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. 14. Applicant will also comply with City Ordinance 97-07, (Temecula Municipal Code Section 9.14,010; Consumption of alcoholic beverages in public prohibited). 15. Identification for alcohol sales will be verified utilizing one of the following: a. A valid California Driver's License b. A valid California Identification Card c. A valid Military Identification Card (Active/Reserve/RetiredlDependent) d. A valid Driver's License from any of the Fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government issued identification card issued by a Federal, State, County or City agency 16. As noted above, only a valid government issued identification card issued by a Federal, State, County or City agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code). a. Name of person b. Date of birth c. Phys;~1 description d. Photograph e. Currently valid (not expired) G:\P1anning\2006\PA06-OOS9 Olive Garden ~ Minor CU~lanning\Draft COA - MCUP.doc 4 17. The Applicant will ensure all employees involved with the sales, service an9 identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. . 18. Prior to the sale of alcohol from this facility, the applicant shall schedule an Alcohol Planning Review Board meeting with members of the Temecula Police Department. 19. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m.) (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional" (23805 B&P). b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs' deputies, and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace office (Sections 25616,25753, and 25755 B&P; 148 and 241 (b) PC). c. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is'a licensed outlet (on or off-sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot (Section 25601 B&P; 316 PC). By placing my signature below, I confirm that I have read, I understand and I accept all the above-mentioned 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\2006\PA06-0059 Ofive Garden - Minor CUPlPlanninglOrafi COA - MCUP.dnc 5 _. ATTACHMENT NO.5 STATEMENT OF OPERATIONS G:\Planning\2006\PA06-0059 Olive Garden - Minor CUP\Planning\ST AFF REPORT-doc 9 L Proposed Olive Garden Restaurant Temecula, CA STATEMENT OF OPERATIONS The request is for approval of a Minor Use Permit to allow full on-site liquor service to the guests of the Olive Garden Restaurant This will be a new 7,685 square foot building and supportive curb-in site improvements. The building is proposed for a pad within the Margarita Crossings shopping center. The project has previously been approved through site plan design review re: PA04-0563. The Olive Garden is a full service, family style restaurant with ..t't'&w..dnately 30 employees on the highest shift. The hours of ut',,&..;";on are 7 days a week from 11: 00 AM to 11 :00 PM. Parking is provided in conjunction with the Margarita Crossings center. The Olive Garden is calculated at 1 space per each 100 square feet of building, or 77 spaces. It is estimated that we will generate at't'. u.Jmately 400 average daily vehicle trips. The ut',,&~;on will be a typical family style restaurant, with no hazardous material used except for some cleaning supplies. Steve Hale, agent for Olive Garden Restaurant ,sUvt. ~ Signed Date s/Iloro . I ITEM #4 L DATE OF MEETING: PREPARED BY: PROJECT DESCRIPTION: RECOMMENDATION: CEQA: STAFF REPORT - PLANNING CITY OF TEMECULA 'PLANNING COMMISSION June 21. 2006 Stuart Fisk TITLE: Associate Planner Planning Application No. PA06-0070, a Major Modification to a Development Plan to add 3,200 square feet of building area under an existing canopy, to add a new parapet wall along the new building areas, and to revise the exterior wall configuration for the service writer area of an automobile dealership located at 26799 Ynez Road i:8J Approve with Conditions D Deny D Continue for Redesign o Continue to: o Recommend Approval with Conditions D Recommend Denial i:8J Categorically Exempt (Section) 15301 (Class) 1 D Notice of Determination (Section) D Negative Declaration D Mitigated Negative Declaration with Monitoring Plan DEIR G:lP1anning\2006\PA06-0070 DCH Chrysler Jeep Major ModIPlanninglPC STAFF REPORT.doc 1 l PROJECT DATA SUMMARY Name of Applicant: Staubach Co.; Michael Palmer Date of Completion: March 16. 2006 Mandatory Action Deadline Date: June 16, 2006 General Plan Designation: Service Commercial (SC\ Zoning Designation: Service Commercial (SC) Site/Surrounding Land Use: Site: Norm Reeves HvundailSubaru Automobile Dealership North: South: East: West: Norm Reeves Acura Automobile Dealership Norm Reeves Chrysler Jeep Dodqe Automobile Dealershil? Paradise Chevrolet and CarriaQe Motor Companv Automobile Dealerships Interstate 15 Lot Area: 3.1 acres Total Floor Area/Ratio: 0.15 Landscape Area/Coverage: 18,677 SQuare feet/11.6% Parking Required/Provided: 108 spaces required/119 spaces provided (excluding inventory and display spaces) BACKGROUND SUMMARY The proposed project involves an existing automobile dealership building and is a request by Staubach Co. to add 3,200 square feet of building area under an existing canopy, to add a new parapet wall along the new building areas, and to revise the exterior wall configuration for the service writer area of the building located at 26799 Ynez Road. The site is currently utilized as a HyundailSubaru dealership, but will be changed to a Chrysler/Jeep dealership as part of an expansion of the Dodge portion of the Chrysler/Jeep/Dodge dealership located south of and adjacent to the project site. The proposed building elevation revisions will serve to establish a visual relationship between the adjacent Dodge dealership and the Chrysler/Jeep dealership to be established on the project site and will revise a portion of the display area from an outdoor display area to an indoor display area. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. G:lPlanning\2006\PA06-0070 DCH Chrysler Jeep Major ModIPlenninglPC STAFF REPORT.doc 2 ANALYSIS Site Plan The proposed Major Modification will result in changes to the existing site plan, including the enclosure of a currently roofed outdoor display area at the front of the building and the reconfiguration of the north wall of the service writer area. The building meets the minimum setback requirements of the Development Code and the proposed lot coverage of 14.9 percent is below the maximum allowed lot coverage of 30 percent. The on-site parking areas will not be altered, and staff has determined the proposed dealership requires 108 parking spaces (excluding inventory spaces) and 119 spaces are being provided for customers and employees. Access to the site will not be altered, nor will the location of display, sales, or service areas on site and within the building. Architecture The proposed building design is consistent with the Development Code and Design Guidelines, and is compatible with the automobile dealerships and service buildings in the surrounding area. The proposed building elevation revisions consist of enclosing a roofed outdoor display area at the front of the building with a glass storefront and a new entryway and reconfiguring the north wall of the service writer area. The proposed building elevation revisions will provide multiple building planes, varied parapet height, and significant window area at the showroom portions of the elevations. The revised entryway at the east elevation of the building will create a focal point for the main entry. Building materials for the new portions of the building will be consistent with the existing portions of the building, and the proposed exterior colors and materials are consistent with the automobile dealership buildings in the surrounding area. The main body of the stucco and masonry walls will be painted Frazee "Intercoastal Gray". The stucco at the main entry area of the building will be painted Frazee "Olde Fashion". The proposed storefront consists of anodized aluminum frames with "Visteon Grey" tinted glass. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review (Class 1, Section 15301, Existing Facilities). CONCLUSION/RECOMMENDATION Staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable ordinances, standards, guidelines, and policies. Therefore, staff recommends that the Planning Commission adopt a Resolution approving the Major Modification with the attached Conditions of Approval. G:IPlanning\2006\PA06-oG70 DCH Chrysler Jeep Major ModIPlanninglPC STAFF REPORT.doc 3 FINDINGS Development Plan (Code Section 17.05.010.F) 1. 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. The proposed building revisions are consistent with the General Plan land use policies for SeMce Commercial (SC) development in the. City of Temecula General Plan, as well as the use regulations outlined in the Development Code for the Service Commercial zoning district. The Land Use Element of the General Plan requires that , proposed buildings be compatible with existing buildings. The proposed building revisions are compatible with the surrounding automobile dealerships and service buildings located in the vicinity of the project site. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. 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 public health, safety, and welfare. ATTACHMENTS 1. Vicinity Map - Blue Page 5 2. Existing Elevations - Blue Page 6 3. Plan Reductions - Blue Page 7 4. PC Resolution 06-_ - Blue Page 8 Exhibit A - Draft Conditions of Approval G:IPlanning\2006\PA06-OO70 PCH Chrysler Jeep Major Mod\PlanninglPC STAFF REPORT.doc 4 ATTACHMENT NO.1 VICINITY MAP G:\Planning\2006\PA06-OO70 DCH Chrysler Jeep Major Mod\PlanninglPC STAFF REPORT.doc 5 \ '\ \ ." \ -----, \ \ - , \ '... ~ /i ,<...., /' ,-, //~-1 "" , "Q> / ~/ = ATTACHMENT NO.2 EXISTING ELEVATIONS G:\Plamingl2OO6\PA06-0070 PCH Chrysler Jeep Major ModIPlanninglPC STAFF REPORT.doc 6 @ \ ~ ~) ( 5 ) I I I , I . . I l -) i XJ I I> .. ~ ~ I . ~ 5 ~ I Ii! ( , ~ I I I I . ! . . (, ( I I . . " . ) 5 'J I;;;uYi;;:O;V~iiOn';;=~MI.1 -aaar-;;--- I J"! ,:,1 ---- ..~.A.N~ I X -- . 'Vln03l'\13.l HOC ! ,,_ II id i W , 8NOU.V^:na: \:I011::l3l.X3 eNIJ.SIX3 f ~ ""~''''-:-"'''. : ,r ;~ . ;.--, ' ( 'l,:..x~.~~.;~~:f i'" '." I J\:::{';>' ;1 :i ';:},." 1 :~;,~'!~<:. :: .:; ~\: ':;-.:' ,.;,;~ :tt\!miJ;(;'~~; ~ 1'/'''''''''' I ; ~~:~~~t.'~-"-"'>" c I .... ~ Xi~<< ~ :Ci~ i I( llfl I Ii 11 1.1' I~~~ i I I I l i H :" II 'I' llil J L 'I Ii ,- I ILi " ij\/ I IT'l -.J ATTACHMENT NO.3 PLAN REDUCTIONS o' G:\PIanning\2006\PA06-0070 DCH Chrysler Jeep Major ModIPlanninglPC STAFF REPORT.doc 7 G I' 8lU.VIOO88V. ~ I ~ . -- . .........". I ------- . dear .1II..al.M;' II ! t Vln03W3.l HOC I " " ,lI i : I'" I NVld 3.118 III 1111 !!I!! I! !1m! ! .. III ~ I HI I E I II I i I . ~ i I Iii ! I I I I .I I ! I II ; . I I I I I Ill' bIll : ,I " . lUll: 11111 I I ,. '. rl II I'dll"ill :, ,I .' I lit ,Ill ~ .1111 III Ill!, .1 H . 'l .1 III ill l liid I! IllnH I i I Ie .-._n' _,_r"- ._--.. ~--~- !.- .. L.__u_.~,___'_'_'_'-'-'''''- lh ~. i ~ ( . ..,'.- "'''-:';:.. 'r '.,I U i ! : i: '; , .' ~ . . . . . . . . .'. \'''-'' I .-. ...- :~~''''dD' H+lldt.,~~- . :~'.- 3iv '.-:~- -L "V@ '1 ~ ,B. --_._...~_... -. ...- --......---- J~ ~ I ........"_." ..;...;='..",.,..... dear - -, ! __ Ii Vlno3~3l:-Hoa I"" II ill ~ , - - -- "'-- . N"- Id 1::100 d . I I 11 I h!11 111 ~ III!! 11111 ~.l' 11111 11"1 ~ 1m 11m III! 1111 ! !ll~il 1II"1'''8~! I !i\ I I Ill)" !11'1d I 1 lint II 11111111111111.. 1111 I Ii> I 'Ii BIH1~191!11!11!1SI!II!lIHlIHIIHIIH1IHI II Ill\! I I,ll II ill I'll' I I I I ! tilli Ill"'h' 1111 It Ii It L III d I It llll~lll ill Ii 11111!ini iuuIlIuns881HI81!l81Hli!llHl ~~ lIB S S S '" ... . \ I 'I ,'. I ~ I -- \ It _i \ ~l .0 ~ l '0 " I I I I .;l II i I JI i ... ~ I~ v"'" 0 () Iw rJJ , " a q..) ~ .... I - -- HI 8....."'008""'........__...'. . -- ---...---- .. """'~" I deer ..~.1..~ I ~ I i ~ V1n~3l1\13.l H~a i '" 'Iiil I V f>NICTllnS - SNOILVAlrIa YOIY;uxa Gl 'C III ()o III u.. ~ Gl Z ! '$ I I I :~'- - ~ [ZS .. 1/", Il I - l. I II ~: .~: If <1 I "'0;:;':' L~~~ "~; f 's:. ;!: '.'i~ , , i! !I !r', i I I': 'I"l,jlll'j ,I I ,II ~ I . II I II i 'fllill,; .Ili III ~11'1il!1 eC!)ef%lE)l:~~~~ " I I " , l. l.r- -,.. , , ~ -t - ~~<"'., . ; ~~:!i;,~, : . . '--- t. .,:,;:;40" ',.". l"~):: ': ~ l~':'~';->'i ' ;.,~ .t' '';::.:':.',:'" .. ". "., Ii j~ .. h. .lli~t l UI -r l~ ..'X'!e * iii F" :;..:;. t_i 'X" l " ......, . .~ 1 .--~I ..........[;[-"...,.-1'. H_~"'I-;- i I L.....-. l..r ~" -4 . ~ ; ~fnl i,1 l - I - - , (:1- 11 ... '- 11 .."'"..."""......~/..~ . ,,' . , -- ~ ~ --~~--.....-- deer ;;;:._""..00110 ViO::>:lV'l:l.1. H::>O .....- \ , \ i , \ \( " \e , ----e 3 l\. U. o i -l I \ \ h - .-----@ :: -\ --' _-0 .. ~ ~~ \~. '\;1' '. ~ _ l--~~- - '0 .. - -- ... ~ i ~ \ i 1 ~ \ ~\ - ~~\\ ;<:\ ;[t<i.!;\ . .'2<:';~ ~\\\\t!I'\ \~\~ U~I\\~\1III\\H .. . '\ll(~ '. . ,'" 111\\11'\\ '1.\ 1\ . \ \\~ >,.: : '.v:.; ,', \~\Y\~ U\~\-~~\\AM~;J\~ \ t~ . .'. . i \mr~\\\~\\\;\l\~J\\1\\'i \ W ;::.-1 \ ~\~\i\\\~,\nj\l~\\\\\i\\r,\ \ ,~ \ -r:; . _ _.\l\i~ h' \ .' 1\\\\1\ ~ \ ,'I!! I ~ II \\I d~ W\\\ll ~ \ II,," it U i \~ \\' \\~\~H\\ '\ 'tWq:h\ ,~\ ~ \\I~,,\ m 11 \1 \\UlU ~\ \ \II\',a\\ iii' ,I.n MI .\I . .. .. l ~ t l ! \ -l ATTACHMENT NO.4 PC RESOLUTION NO. 06-_ . G:\Planning\2006\PA06-Q070 PCH Chrysler Jeep Major Mod\PlanninglPC STAFF REPORT.doc 8 PC RESOLUTION NO. 06- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0070, A REQUEST FOR A MAJOR MODIFICATION TO A DEVELOPMENT PLAN TO ADD 3,200 SQUARE FEET OF BUILDING AREA UNDER AN EXISTING CANOPY, TO ADD A NEW PARAPET WALL ALONG THE NEW BUILDING AREAS, AND TO REVISE THE EXTERIOR WALL CONFIGURATION FOR THE SERVICE WRITER AREA OF THE BUILDING LOCATE AT 26799 YNEZ ROAD Section 1. Michael Palmer of Staubach Co., representing DCH Investments, Inc., filed Planning Application No. PA06-0070 on March 16,2006, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. Planning Application No. PA06-0070 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. Section 3. The Planning Commission, at a regular meeting, considered Planning Application No. PA06-0070 on June 21, 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 in opposition to this matter. Section 4. At the conclusion of the Planning Commission's Hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA06-0070 subject to the conditions of approval after finding that the project proposed in Planning Application No. PA06-Q070 conformed to the City of Temecula General Plan and Development Code. Section 5. The above recitations are true and correct and are hereby incorporated by reference. Section 6. Findinqs. The Planning Commission, in approving Planning Application No. PA06-0070 (Major Modification to a Development Plan), hereby makes the following findings as required by Sections 17.05.010.F (Development Plan) of the Temecula Municipal Code. Develooment Plan (Code Section 17.05.010.F~ 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; The proposed building revisions are consistent with the General Plan land use policies for Service Commercial (SC) development in the City of Temecula General Plan, as well as the use regulations outlined in the Development Code for the Service Commercial zoning district. The Land Use Element of the General Plan requires that proposed buildings be compatible with existing buildings. The proposed building revisions are compatible with the surrounding automobile dealerships and service buildings located in the vicinity of the project site. G:\Planning\2006\P A06-OO70 DCH Chrysler Jeep Major Mod\Planning\Draft P<::: Reso.doc I B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; 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 public health, safety, and welfare. . Section 7. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be Categorically Exempt from further environmental review (Class 1, Section 15301, Existing Facilities). Section 8. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Planning Application No. PA06-0070, a request for a Major Modification to a Development Plan to add 3,200 square feet of building area under an existing canopy, to add a new parapet wall along the new building areas, and to revise the exterior wall configuration for the service writer area of the building located at 26799 Ynez Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. G,IPlanning\2006\PA06-OO70 OCH Chrysler Jeep Major Mod\PIanninglDraft PC Reso.doc 2 Section 9. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of June 2006. Ron Guerriero, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) .. I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 06- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21st day of June 2006, by the following vote: AYES: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary O,IPlanning\2006\PA06'()()70 DC" Chrysler Jeep Major Mod\PIanninglDmft PC Reso.doc 3 EXHIBIT A DRAFT CONDITIONS OF APPROVAL G:\Planning\2006\PA06-0070 DCH Chrysler Jeep Major ModlPlanninglPtaft PC Reso.doc 4 __..1 .' EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA06-0070 Project Description: A Major Modification to a Development Plan to add 3,200 square feet of building area under an existing canopy, to add a new parapet wall along the new building areas, and to revise the exterior wall configuration for the service writer area of the building located at 26799 Ynez Road Assessor's Parcel No. 921.720-011 MSHCP Category: DIF Category: TUMF Category: NA Retail Commercial Retail Commercial Approval Date: Expiration Date: June 21, 2006 June 21, 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 21152 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)). G:\Planning\2006\PA06-0070 PCH Chrysler Jeep Major ModIPlanninglPraft COAs.doc 1 ._._. ._0. _. GENERAL REQUIREMENTS G:\Planning\2006\PA06-Q070 DCH Chrysler Jeep Major Mod\Planning\Praft COAs.doc 2 Planning Department 2. 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. 3. 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 [egal 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. 4. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 5. This approval shall be used within two years of the approval date; ot~erwise, 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. 6. 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. 7. A separate building permit shall be required for all signage (Sign program may be required). 8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 9. 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. Material Stucco and Masonry (Main Body) Stucco (Main Entry) Aluminum Storefront Window Glazing Color Frazee "Intercoastal Gray" Frazee "Olde Fashion" Clear Anodized Aluminum "Visteon Grey" tinted glass G:\Planning\2006\PA06-0070 PCH Chrysler Jeep Major Mod\PlanninglDraft COAs.doc 3 10. The applicant shall submit to the Planning Department for permanent filing two 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. 11. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. Building and Safety Department 12. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 13. The City of T emecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 14. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 15. A receipt or clearance letterfrom the T emecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 16. Obtain all building plans and permit approvals prior to commencement of any construction work. 17. Show all building setbacks. 18. Provide an approved automatic fire sprinkler system. 19. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). 20. Provide disabled access from the public way to the main entrance of the building. 21. Provide van accessible parking located as close as possible to the main entry. 22. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. G:\Planning\2006\PA06-0070 PCH Chrysler Jeep Maior Mod\Planning\Draft COAs.doc 4 23. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays Fire Prevention 24. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 25. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al). 26. During building cOnstruction, all locations where structures are to be built or altered shall maintain approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW (CFC 8704.2 and 902.2.2.2). 27. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches (CFC 902.2.2.1). 28. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. Community Services Department 29. 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. 30. The Applicant shall comply with the Public Art Ordinance. G:\Planning\2006\PA06-0070 PCH Chrysler Jeep Major ModIPlanninglDraft COAs.doc 5 PRIOR TO ISSUANCE OF BUILDING PERMIT G:\Planning\2006\PA06-Q070 PCH Chrysler Jeep Major ModIPlanninglDraft COAs.doc 6 --'~ J Planning Department 31. The construction plans shall indicate that all parking spaces designated for employees and customers will be clearly identified with the use of paint. 32. Building plans shall indicate that all roof hatches shall be painted "International Orange". 33. The construction plans shall indicate the application of painted rooftop addressing plotted on . a 9-inch grid pattern with 45-inch tall numerals spaced 9-inches apart. The numerals shall be painted with a standard nine-inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. Building and Safety Department 34. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 35. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 36. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 37. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 38. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 39. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Community Services Department 40. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. . G:\P1anning\2OO6\PA06-0070 PCH Chrysler Jeep Major ModIPlanning\Draft COAs.doc 7 -.J ~ . , PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:\Planning\2006\PA06-Q070 PCH Chrysler Jeep Major Mod\Planning\Oraft COAs.doc 8 ---.J Planning Department 41. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening if reviewed and approved by the Director of Planning. 42. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." 43. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 44. All site improvements including but not limited to parking areas and striping shall be installed prior to occupancy or any use allowed by this permit. 45. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 46. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations (CFC 901.4.3). 47. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors (CFC 901.4.4). G:\P1anning\2006\PA06-Q070 PCH Chrysler Jeep Major ModIPlanninglPraft COAs.doc 9 J 48. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system for all areas of new construction. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation (CFC Article 10, CBC Chapter 9). 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\2006\PA06-Q070 DCH Chrysler Jeep Major Mod\Planning\Oraft COAs.doc 10