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Home My WebLink About07_009 PC Resolution PC RESOLUTION NO. 07-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0217, A MINOR MODIFICATION FOR THE CHANGE OF EXTERIOR PAINT COLORS FOR AN EXISTING BUILDING (MARIE CALLENDER'S RESTAURANT), LOCATED AT 29363 RANCHO CALIFORNIA ROAD (APN: 944-330-011). Section 1. Procedural Findinas. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 2, 1998, the Planning Commission of the City of Temecula approved Planning Application No. PA97-0348; B. On July 26, 2006, Val Orloff (for Ken Miskam), representing Marie Callender's, filed Planning Application No. PA06-0217, a Minor Modification Application', in a manner in accord with the City of Temecula General Plan and Development Code; C. ' The Application was processed including, bu1 not limited to a public notice, in the time and manner prescribed by State and local law; D. The Planning Commission, at a regular meeting, considered the Application and environmental review on February 7, 2007, 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; E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA06-0217 subject to and based upon the findings set forth hereunder; F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findinas. The Planning Commission, in approving the Application hereby finds, determines and declares that: Minor Modification/Development Plan, Development 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 ordinance of the City; As conditioned, the project is in conformance with the Community Design Element of the General Plan. The goals of the Community Design Element are achieved through adherence to the guidelines and principles contained within the City-Wide Design Guidelines. The project, as conditioned, meets the intent of the Community Design Element of the General Plan, and is consistent with the criteria found within the City- Wide Design Guidelines. The City-Wide Design Guidelines require the foJ/owing: consistency between building colors and architectural style that the colors used on the exterior fayade are harmonious, and that fluorescent or bright colors are not used. Furthermore, the project, as conditioned, is consistent with the requirements found within G:IPlannlng\2006\PAOS.Q217 Marie Callender Minor Mod\PlanninglPC RESOLUTION EXEMPT FROM CEOA.doc 1 the Rancho Highlands Specific Plan. The Rancho Highlands Specific Plan requires the use of a narrow color palette and complimentary shades of paint. B. The overall development of the land is designed for the protection of the public health, safety and welfare; The overall development of the land was designed and implemented to protect the public health, safety and welfare, per the original development plan that was approved on February 2, 1998, under Planning Application No. PA97-0398. The current Planning Application No. PA06-0217 does not propose any changes to the site design, landscaping or parking areas as approved under the original Planning Application. The only proposed change is to the exterior paint colors, which is not anticipated to have an adverse impact on the health, safety and welfare of the public. Section 3. Environmental Comoliance. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be Categorically Exempt from further environmental review (Section 15301 ,Class 1, existing facilities). Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA06-0217, a Minor Modification for the change of exterior paint colors on an existing building (Marie Callender's Restaurant), located at 29363 Rancho California Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:IPlanning\2006\PA06-0217 Marie Callender Minor ModIPlanninglPC RESOLUTION EXEMPT FROM CEOA.doc 2 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of February:2007. ATTEST: ,~I;I/ - U~ yt....-- , Debbie IJbnos~6,~$ecretary , -.'" ...., --~~~/ ".-,. , ' ....",," ,_:" ~ ". I . .F ',1':: ~ _ lSE.b,LL;~ i_ < --:'". -." " ./ \. '~I:~-' J r ';> "' J!'''\ STATEOF-CALlFORNIA ) 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. 07-09 was duly and regul""rly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7th day of February 2007, by the following vote: AYES: 5 NOES: 0 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio ABSENT: 0 PLANNING COMMISSIONERS: None PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None 7J.dJ~I___ - ~)X. . Debbie Ubnoske, Secretary I , G:IPlanning\2006\PA06.Q217 Marie Callender Minor ModIPlanninglPC RESOLUTION EXEMPT FROM CECA.doc 3 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:IPlanning\2006\PAOe.Q217 Marie Callender Minor ModIPlanninglPC RESOLUTION EXEMPT FROM CEOA.doc 4 . EXHIBIT A CITY OF TEMEClILA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA06-0217 Project Description: A Minor Modification for the change of exterior paint colors on an existing building (Marie Callender's Restaurant), located at 29363 Rancho California Road. Assessor's Parcel No. 944-330-011 Expiration Date: February 7, 2007 February 7, 2009 Approval Date: 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 $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:\Plannlng\2006IPA06-0217 Marie Callender Minor ModIPlannlnglFlNAL COA's.doc 1 GENERAL REQUIREMENTS G:\Planning\2006\PAOIHl217 Marie Callender Minor Mod\PlannlnglFlNAL COA's.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 Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to allack, 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. .^. F9vissEt paiR. seier palette 61=1811 taG s1:IbmitteEt BAd appreveeJ by tRB CiF9ster sf PlaAAiAg. TAB paiR. J3alette st:lall be seAsistsAt witl=l tt=le aFsRitsstl:IFal s~~le at tRB tal::lilEtiA&J, 61:1811 saReist at a AaFrS\\' seier palette Ie tae SSAsistent '::itA tl=le RaFlst.1a ~igl:llaAeJs Spesifis PleA, aRa 6Rall iAsh;lela sBmplimBAtary BRei t:1aFFRBAieblS eRaass sf paiR. ta be SBAsistSAt witR tAG Cemml::lAi~' DesigR elemeRt ef tile GeReral PlaR aRlltlle City Wise DesigR GllilleliRes. The building shall be repainted back to the originally approved paint color palette by March 7, 2007; or an alternative paint color palette shall be submitted and approved by the Director of Planning no later than February 28, 2007, and the building repainted the approved color palette no later than March 31 , 2007. The applicant shall work with staff and the paint-color subcommittee in order to formulate an acceptable paint color palette to be approved by the Director of Planning. Non-compliance with this condition of approval will result in Code Enforcement action. (Revised at Planning Commission Meeting on 2/7/2007). 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 6. No later than 30 days from the approval of this Planning Application 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. 7. The development of the premises shall substantially conform to the approved exhibits (colors and materials) on file with the Planning Department. . G:\Planning\2006\PA06-0217 Marie Callender Minor ModIPlanninglFlNAL COA's.doc 3 / 8. 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. . By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these Conditions of Approval and that any changes I may wish to make to the project shall be subject to Community Development Department' approval. Date Applicant's Signature Applicant's Printed Name G:\Planning\2006\PAO&<l217 Marie Cellender Minor MOdIPlanninglFlNAL COA's.doc 4