HomeMy WebLinkAbout07_007 DH Resolution
DH RESOLUTION NO. 07-007
A RESOLUTION OF THE PLANNING DIRECTOR OF THE
CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA06-0387, A MAJOR MODIFICATION
APPLICATION TO RENOVATE THE EXTERIOR OF
KENTUCKY FRIED CHICKEN INCLUDING A PROPOSAL
TO REPLACE EXISTING STUCCO WITH BOARD AND
BATTEN WOOD SIDING, A RAISED PARAPET,
CORNICE, WINDOW FRAMING, TRIM AND TOWER
ELEMENTS, AN OUTDOOR EATING AREA WITH A
COVERED PORCH, AND TRELLISES AT THE REAR TO
SCREEN EXISTING UTILITARIAN ENCLOSURES,
LOCATED AT 41850 MORENO ROAD (APN 921-070-018)
Section 1. Procedural FindinQs. The Planning Director of the City of Temecula
does hereby find, determine and declare that:
A. On December 18, 2006, Steve Madsen of Epic Buildings on behalf of
Kentucky Fried Chicken submitted Planning Application No. PA06-0387, a Minor
Modification in a manner in accord with the City of Temecula General Plan and
Development Code. On April 10, 2007, Adam Nichols of C&R Architects on behalf of
Kentucky Fried Chicken, re-submitted Planning Application No. PA06-0387 at which
time the project was upgraded from a Minor to a Major Modification Application. The
application was filed in a manner in accord with the City of Temecula General Plan and
Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Director, at a regular meeting, considered the Application
and environmental review on August 2, 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.
D. At the conclusion of the Director's Hearing and after due consideration of
the testimony, the Planning Director approved Planning Application No. PA06-0387
subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PA06-0387 conformed to the City of Temecula's General Plan, Old
Town Specific Plan, and Development Code.
Section 2. Further FindinQs. The Planning Director, in approving the Planning
Application No. PA06-0387 hereby makes the following findings as required by Section
17.050.010.E (Development Plan) of the Temecula Municipal Code:
Development 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.
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The proposed building revisions are consistent with the General Plan land use
policies for Highway Tourist (HT) development in the City of Temecula General
Plan, as well as the use regulations outlined in the Old Town Specific Plan for the
Highway Tourist (HT) land use 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 Old Town setting and
buildings in the vicinity of the project site.
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 3. Environmental Compliance. 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).
A. The project involves negligible or no expansion of an existing use.
The proposed building modifications are aesthetic enhancements to an existing
building and will not affect its use.
Section 4. Conditions. That Planning Director of the City of Temecula hereby
approves Planning Application No. PA06-0387, a Major Modification Application to
renovate the exterior of Kentucky Fried Chicken located at 41850 Moreno Road, subject
to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated
herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of
the City of Temecula this 2nd day of August 2007.
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Debbie Ubnoske, Director of Planning
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby
certify that DH Resolution No. 07-007 was duly and regularly adopted by the Director of
Planning of the City of Temecula at a regular meeting thereof held on the 2nd day of
August 2007.
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA06-0387
Project Description:
Planning Application No. PA06-0387, a Major
Modification Application proposal to renovate the
exterior of Kentucky Fried Chicken, including a proposal
to replace existing stucco with board and batten wood
siding, a raised parapet, cornice, window framing, trim
and tower elements, is an outdoor eating area with a
covered porch, and trellises at the rear to screen existing
utilitarian enclosures
Assessor's Parcel No.
921-070-018
MSHCP Category:
Commercial
DIF Category:
Service Commercial
TUMF Category:
Service Commercial
Expiration Date:
August 2, 2007
August 2, 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 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)).
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GENERAL REQUIREMENTS
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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 appiicant 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 appiicant 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
project.
5. 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 utiiization contemplated by this approval.
6. The Director of Planning may, upon an appiication 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.
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 utiiization 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
Hardi-Plank simulated woodgrain
Board and batten wood siding (main body)
Hardi-Plank simulated woodgrain
Board and batten wood trim (accent)
Color
Sherwin Williams Exterior Preservation Palette (Beige)
Sherwin Williams Exterior Preservation Palette
(Rookwood Clay)
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Hardi-Plank simulated woodgrain trim
Sherwin Williams Exterior Preservation Palette
(Craftsman Brown)
Eagle Roofing American Heirloom Roanoke Blend
Sherwin Williams Exterior Preservation Palette
(Roycroft Copper Red and Classical White);
Tube framing in Sherwin Williams Roycroft Copper Red
Goose Neck Lamp; Black
Concrete/Stone Roof Tiles
Canvas Awnings
Exterior Lighting Fixtures/Metal
10. Existing and new 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.
11. The applicant shall provide to the Planning Department, for Planning Director Approval, any
proposed outdoor tables, chairs or bench seating design and materials.
12. The applicant shall include one additional light fixture (identical to all other goose-neck down
lighting approved on the structure), to be located on the West elevation tower element. The
proposed wooden shutters shall be moved down to accommodate the light fixture location near
the top of the favade (as shown on the East and North tower elements).
13. The permittee shall obtain City approval for any modifications or revisions to the approval of this
Major Modification.
Building and Safety Department
14. All design components shall comply with applicable provisions o.fthe 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.
15. 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. As applicable to. scape afwark propased.
16. Obtain all building plans and permit approvals prior to commencement of any construction work.
17. Show all building setbacks.
18. All building and facilities must comply with applicable disabled access regulations. Provide all
details on plans (California Disabled Access Regulations effective April 1, 1998).
19. Provide disabled access from the public way to the main entrance of the building.
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20. Trash enclosures, patio covers, light standards, and any block walls if not on the approved
building plans, will require separate approvals and permits.
21. 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
22. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of
the California Building Code Appendix 29.
23. Provide electrical plan including load calculations and panel schedule, plumbing schematic and
mechanical plan applicable to scope of work for plan review.
24. Truss calculations that are stamped by the engineer of record and the truss manufacturer
engineer are required for plan review submittal.
25. Provide precise grading plan at plan check submittal to check accessibility for persons with
disabilities.
26. Please be advised of the following shell buildinglcomplete building policy in the City of Temecula
when preparing plans for submittals. It is our recommendation that buildings with a known tenant
or occupant be submitted as a complete building. Please consider the Building and Safety
Department policy that follows these conditions in determining the course of your design work and
subsequent submittal.
27. A pre-construction meeting is required with the building inspector prior to the start of the building
construction.
Fire Prevention
28. 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).
29. 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).
Community Services Department
30. The developer shall contact the City's franchised solid waste hauler for disposal of construction
and demolition debris. Only the City's franchisee may haul construction debris.
31. The Applicant shall comply with the Public Art Ordinance.
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PRIOR TO ISSUANCE OF BUILDING PERMIT
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Planning Department
32. The applicant shall provide to the Planning Department a conceptual landscape plan for
Planning Director Approval. The conceptual landscape plan shall address all landscaped
areas to ensure any deteriorating landscaping is improved to meet City standards. The
landscape plan shall also include vines to grow up over the trash enclosure and trellis at the
rear of the structure.
33. The applicant shall provide to the Planning Department, for Planning Director approval,
elevations of all freestanding drive-thru and menu signs on the premises incorporating
architectural elements (i.e., wooden framing, etc.) to ensure there is consistency with the
freestanding drive-thru signs and the old western frontier building architecture.
34. The applicant shall use Hardi-Plank simulated wood for the board and batten siding and
shall provide to the Planning Department, for Planning Director approval, a material sample
of the proposed simulated wooden board and batten siding.
Community Services Department
35. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction and demolition debris.
Building and Safety Department
36. Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
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Planning Department
37. 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 additional screening if reviewed and approved by the Director of
Planning.
38. 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."
39. 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
three square feet in size.
40. 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.
41. 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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