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HomeMy WebLinkAbout07_032 PC Resolution 'I PC RESOLUTION NO. 07- 32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0154, A SITE PLAN MODIFICATION TO CHANGE BUILDING FOOTPRINTS, DRIVE AISLE CONFIGURATION, PARKING LAYOUT FOR VALET SERVICE, AND LANDSCAPING OF THE APPROVED TEMECULA PROMENADE MALL EXPANSION (PLANNING APPLICATION NO. PA06-0293) Section 1. Procedural Findinas. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 11, 1994 the City Council approved the Temecula Regional Center Specific Plan (SP No. 263) and Environmental Impact Report No. 340. B. The City, Forest City Development California, Inc., a California Corporation, and LGA-7, Inc., an Illinois Corporation, entered into a Development Agreement dated December 17, 1996 for the development of the Temecula Regional Center. The Development Agreement was recorded on December 30, 1996 as Document No. 488428 in the Official Records of the County of Riverside pursuant to Government Code Sections 65864 et seq. C. On September 26, 2006 the City Council approved Ordinance No. 06-10 which approved the First Amendment to the Development Agreement extending the term of the Development Agreement to January 16, 2010. The First Amendment to the Development Agreement was recorded on October 11, 2006 as Document No. 06- 0748777 in the Official Records of the County of Riverside pursuant to Government Code Section 65864 et seq. Temecu/a Towne Center Associates, L.P., a California Limited Partnership ("Developer") is the successor in interest to the Owners rights in the Development Agreement. The Development Agreement approved on December 17, 1996, as amended by the First Amendment to the Development Agreement, approved on September 26, 2006, shall be collectively referred to in this Resolution as the "Development Agreement." D. In adopting Ordinance No. 06-10, the City Council found that a supplemental or subsequent EIR need not be prepared, and that the City may rely on the Addendum to approve the proposed extension to the Development Agreement and the construction of the Final Phase of the Specific Plan ("Addendum"). A Notice of Determination was filed with the County Clerk of Riverside County as required by law on September 13, 2006. E. On February 21, 2007 the Planning Commission approved Planning Application No. PA06-0293, Promenade Mall Expansion Plans. G:\Planning\2007\PA07-0154 Promenade Mall valet access minor mod\Planning\PC Resolution Mall Major Mod final.doc1 - - I , F. On May 16, 2007, Forest City Development filed Planning Application No. PA07-0154, a Modification Application in a manner in accord with the City of Temecula General Plan and Development Code. G. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. H. The Planning Commission, at a regular meeting, considered the Application and environmental review on September 5, 2007, at a duly noticed public hearing as prescribed by law, at which time the City staff, Developer and interested persons had an opportunity to and did testify either in support or in opposition to this matter. I. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA07-0154, subject to and based upon the findings set forth in this Resolution. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of the Application hereby finds, determines and declares that: Develooment Plan (Section 17.05.010.F of the Temecula Municioal Codel A. The proposed use is in conformance with the General Plan for Temecula, Specific Plan No. 263, the Development Agreement, and with all applicable requirements of State law and other ordinances of the City; As conditioned, the proposal is consistent with the General Plan land use policies for Community Commercial (CC) development in the City of Temecula General Plan and the Retail Core designation in the Temecula Regional Center Specific Plan. The General Plan has listed the proposed uses, including retail, professional office and service-oriented businesses, as typical uses in the Community Commercial designation. The Land Use Element of the General Plan and Design Guidelines of the Specific Plan requires that proposed buildings be compatible with existing buildings. The proposed commercial uses are compatible with the sunuunding commercial buildings currently located adjacent to the proposed site. Additionally, the Development Agreement establishes that the Developer has a vested right to construct the proposed additional structures in accordance with the requirements of the Development Agreement. 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, aff applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Additionaffy, the G:\Planning\2007\PA07-0154 Promenade Mall valet access minor modlPlanning\PC Resolution Mall Major Mod final.doc2 Development Agreement establishes that the Developer has a vested right to construct the proposed additional structures in accordance with the requirements of the Development Agreement. Section 3. Environmental Determinations. In accordance with the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the Planning Commission has considered the proposed Modification Application: A. The Planning Commission has also reviewed and considered the Final Environmental Impact Report ("FEIR") for the Temecula Regional Center SpeCific Plan No. 263, approved by the Council as EIR No. 340 on October 11, 1994, including the impacts and mitigation measures identified therein, the City Council's approval of the Addendum to the FEIR on September 26, 2006, and the subsequent environmental reviews of development plans for the Mall following approval of the Development Agreement. Based on that review, the Planning Commission finds that the proposed Modification Application does not require the preparation of a subsequent Environmental Impact Report or Mitigated Negative Declaration as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. B. Specifically, the Planning Commission finds that the proposed Modification Application does not involve significant new effects, do not change the baseline environmental conditions, and do not represent new information of substantial importance which shows that the Modification Application will have one or more significant effects not previously discussed in the FEIR and Addendum. The Development Agreement provides that the Developer has vested rights to proceed with the proposed expansion of the Mall and the parking structures. All potential environmental impacts associated with the proposed Modification Application are adequately addressed by the prior FEIR and the Addendum approved as part of the extension of the Development Agreement. Any impacts concerning aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportationltraffic, utilities and service systems, were all studied as part of the FEIR and Addendum. The prior approvals of the Development Agreement and the extension of the term of the Development Agreement by the First Amendment to the Development Agreement based on the FEIR and Addendum establish that the mitigation measures contained in the FEIR and the terms of the Development Agreement will reduce those impacts to a level that is less than significant. Planning Application Nos. PA06-0293 and PA07-0154 are the vehicles by which the City confirms that the standards and requirements established in the Development Agreement for the Developer's vested right to construct the expansion of the Mall and the parking structures have been properly implemented and does not provide for any new structures or uses not fully contemplated and addressed in the Development Agreement. Therefore, a Notice of Determination pursuant to Section15162 of the CEQA Guidelines (14 Cal. Code Regs. 15164) is the appropriate type of CEQA documentation for the Modification Application, and no additional environmental documentation is required. G:\Planning\2007\PA07-0154 Promenade Mall valet access minor mod\PlanninglPC Resolution Mall Major Mod final.doc3 C. Although not required as part of the CEQA review, the Commission reviewed a Supplemental Traffic Analysis for the Promenade Mall Expansion, prepared by RBF Consulting which determined "that cumulative trip generation estimated for the approved Promenade MalllPower Center I and II, Costco, Bel VillaggiolOverland Corporate Center, and proposed Promenade Mall ExpanSion project falls within the Specific Plan total included in the original EIR Traffic Study previously approved by the City." The analysis concluded that "the Promenade Mall Expansion project, as currently proposed, is consistent with the original Temecula Regional Center Specific Plan EIR Traffic Study". In addition to the mitigation measures incorporated into the project by the FEIR, the Specific Plan and the City's General Plan, the City entered into a Settlement Agreement with the County of Riverside, dated as of May 2005, in which the County has agreed to required development in the 1-215 Area to become part of a fully and funded Community Facilities District for the construction of various roadways designed to reduce the traffic on Winchester Road. D. The custodian of records for the Initial Study and FEIR for the Development Agreement and Specific Plan No. 263, the Addendum prepared in connection with the First Amendment to the Development Agreement extending the term of the Development Agreement, and all other materials, which constitute the record of proceedings upon which the Planning Commission's decision is based, is the Planning Department of the City of Temecula. Those documents are available for public review in the Planning Department located at the Planning Department of the City of Temecula, 43200 Business Park Drive, Temecula, California. Section 4. Aoorovals. The Planning Commission of the City of Temecula hereby approves Planning Application No. PA07-0154 subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:\Planning\2007\PA07-0154 Promenade Mall valet access minor mod\Planning\PC Resolution Mall Major Mod final.doc4 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of September 2007. \~ hV;oeCh';""," ATTEST: ~hrc-- ~~ Debbie Ubnoske, Secretary [SEAL] - , -, ,r ^- .'." . -, " '.:.... STATE OFCAIJFORN'lA COUNTY OF RIVERSiDE CITY OF TEMECULA ) ) ss ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 07-32 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of September 2007, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Chiniaeff ABSTAIN: 0 PLANNING COMMISSIONERS: None ~d/;I4- t/~9L I Debbie Ubnoske, Secretary G:IPianning\2007\PA07-0154 Promenade Mall valet access minor modlPlanninglPC Resolution Mali Major Mod final.doc5 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07-0154 Project Description: A site plan Modification Application to change a building footprint, drive aisle, parking orientation for valet, and landscaping of the approved Temecula Promenade Mall Expansion Plans (PA06-0293) 910-420-005 thru -009 Assessor's Parcel Nos. MSHCP Category: DIF Category: TUMF Category: Not Applicable per Development Agreement Not Applicable per Development Agreement Retail Commercial Development Mitigation Fee: $2.00ISF per Development Agreement Approval Date: September 5,2007 Expiration Date: September 5, 2010 (three years consistent with Development Agreement) 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) County administrative fee, to enable the City to file the Notice of Determination. 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:IPlanning\2007\PA07-0154 Promenade Mall valet access minor modlPlanninglFINAL COAs PC Mall Major Mod rev 9.5.07 condensed.doc GENERAL REQUIREMENTS G:IPlanning\2007\PA07-0154 Promenade Mall valet access minor modlPlannlnglFINAL COAs PC Mall Major Mod rev 9.5.07 condensed.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. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans shall apply to this site plan Modification Application except as modified herein: a. The valet parking field will be cordoned off during non-business hours to prevent the public from being double-parked in the eight spaces that front along the entrance to Main Street. Public Works Department 4. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans shall apply to this site plan Modification Application. Building and Safety Department 5. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans shall apply to this site plan Modification Application. Fire Prevention Bureau 6. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans shall apply to this site plan Modification Application. Community Services Department 7. All Conditions of Approval for Planning Application No. PA06-0293, Promenade Mall Expansion Plans shall apply to this site plan Modification Application. Police Department 8. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans shall apply to this site plan Modification Application. G:IPlanning\2007\PA07-0154 Promenade Mall vaiet access minor modlPlanninglFINAL COAs PC Mall Major Mod rev 9.5.07 condensed.doc 3 PRIOR TO ISSUANCE OF GRADING PERMITS G:IPianning\2007\PA07-0154 Promenade Mall valet access minor modlPlanninglFINAL COAs PC Mall Major Mod rev 9.5.07 condensed.doc 4 Planning Department 9. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans shall apply to this site plan Modification Application. Public Works Department 10. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans shall apply to this site plan Modification Application except as modified herein: a. Refuse collection in the vicinity of Buildings C and E with regard to location, hours of operation, and details of service shall be accepted by the Director of Public Works. b. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: i. Planning Department ii. Building and Safety Department iii. City of Temecula Fire Prevention Bureau iv. Department of Public Works v. Community Services Department Fire Prevention Bureau 11. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans shall apply to this site plan Modification Application. G:\Planning\2007\PA07-0154 Promenade Mall valet access minor modlPlanning\FINAL COAs PC Mall Major Mod rev 9.5.07 condensed.doc 5 PRIOR TO ISSUANCE OF BUILDING PERMIT G:IPlanning\2007\PA07-0154 Promenade Mall valet access minor modlPlanning\FINAL COAs PC Mall Major Mod rev 9.5.07 condensed.doc 6 Planning Department 12. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans shall apply to this site plan Modification Application except as modified herein: a. Prior to issuance of building permits for the West Garage, staff shall review and approve the integration of the trash compactors to ensure the enclosure is architecturally compatible with the parking structure. Public Works Department 13. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans shall apply to this site plan Modification Application. Building and Safety Department 14. All Conditions of Approval for Planning Application No. PA06-0293, Promenade Mall Expansion Plans shall apply to this site Plan Modification Application. Fire Prevention Bureau 15. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans shall apply to this site plan Modification Application. Community Services Department 16. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans shall apply to this site plan Modification Application. G:\Planning\2007\PA07-0154 Promenade Mall valelaccess minor mod\Planning\FINAL COAs PC Mall Major Mod rev 9.5.07 condensed.doc 7 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:IPlanning\2007\PA07-0154 Promenade Mall valet access minor modlPlanninglFINAL COAs PC Mall Major Mod rev 9.5.07 condensed.doc 8 Planning Department 17. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans shall apply to this site plan Modification Application. Public Works Department 18. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans shall apply to this site plan Modification Application. Fire Prevention Bureau 19. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans shall apply to this site plan Modification Application. G:IPlanning\2007\PA07-0154 Promenade Mall valet access minor modlPlanninglFINAL COAs PC Mall Major Mod rev 9.5.07 condensed.doc 9 J OUTSIDE AGENCIES G:IPlanning\2007\PA07-0154 Promenade Mall valet access minor modlPlanninglFINAL COAs PC Mall Major Mod rev 9.5.07 condensed.doc 10 20. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated October 18, 2006, a copy of which is attached. 21. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated October 9, 2006, a copy of which is attached. 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:IPlanning12007lPA07-0154 Promenade Mall valet access minor modlPlanninglFINAL COAs PC Mall Major Mod rev 9.5.07 condensed.doc 11 d D COUNTY OF RIVERSIDE. HEALTH SERVICES AGENCY D ~JC DEPARTMENT OF ENVIRONMENTAL HEALTH ~I"""""""""'''''''i'''' "11I""lllIi,'.III"','",,,,,,,,,,,,,,,",,,, ,,',,' "11,1,1"",",1111,1"10"",,,,,,,,",,,,," ,," "","""1"''',1""",1''"''''''''','",''"1''"[,,1,,,,",,,,,I"',.,",I,,,,,",""..,,.,,",,IJ,II,'"'''''''"',''',,,,,,,'',III,",'''Illi,'","U,."",. October 18, 2006 City ofTemecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Cheryl Kitzerow/Matt Peters RE: Development Plan No. PA06-0213 To Whom It May Concern: Depa.;"',,~ of Environmental Heahh bas reviewed the development plan to construct a 126,square foot outdoor life-style main street shopping center at the Promenade MalL Water and sewer services are being provided. 1. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD BE REQUIRED: a) "Will-serve" letters from the "'yy.vy.Jlte water district. b) If there are to be any food establishments, (including vending machines), three complete sets of plans for each food establishment will be submitted including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law 2. For specific reference, contact Food Facility Plan Examiners at (951) 461.0284. Sincerely, ~ez, Supe (951) 955-8980 NOn:: Any current additioual requirements not covered can be applicable at time of Building Plan review for fiual Department of :"""..~ Health clearance. S ;"'::;-:';--~;:" [, ir~\~1 I f\ \ \ ~ L':..; . ~;:J \ '. \, \\1)'- 1!11:1 ~ 'i i hi OCT23Z006',\~: , , ..~ \ \. J,.=ce,'", ...,c-;;::----::: \ Local Enforcement Agency. PO. Box 1280. Riverside, CA 92502.1280 . (909) 955-8982 . FAX (909) 781~9653 . 4080 Lemon Street. 9th Floor, Riverside, CA 92.50] Land Use and Water Engineering. P.O. Box 1206, Riverside, CA 92502.1206 . (909) 955-8980'. FAX (909) 955.8903 . 4080 Lemon Street. 2nd Floor, Riverside. CA 92501 ( @ IaDcha later Board oC Directors BeD R. Drake President Stephen J. Corooa Sr. Vice President Ralph R. Dally Lisa D. Herman John E. HoaeIand Michael B. McMillan William E. Plummer Officen; Brian J. BradT General Manager PhillJpL.Forbell Assistant General Manager I Chief Financial Officer E. P. "Bob~ LemoDII DirectoroCEngineering Perry R. Louck Direc:torofPlarming Jeff D. ArDwtl'oDl Controll8l' Kern Eo Gan:la DistrictSec:retary C. Michael Cowe" Best Beat A Kriepr LLP General Counsel , '\ October 9, 2006 1-:\ If:' r;:-~T::-u,::"""", r n I 'r~ dr ! r" l' ,; ! 1_1 I, ': !,;,. ! l.i I L=, ~.,:j L~: .: i." ) -< I'll ii OCT 162006 U!J Cheryl Kitzerow and Matt Peters, Project Planners City oCTemecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 ,~y ....._.".,~._.~-:--_::=:.I SUBJECT: WATER AVAILABILITY PROMENADE MALL EXPANSION PARCEL "B" OF LOT LINE ADJUSTMENT PA02-0179, PARCEL "B" OF LOT LINE ADJUSTMENT PAOI-0304, AND PARCEL NO.5 OF PARCEL MAP NO. 28530-1; APN 910-420- 005, APN 910-420-006, APN 910-420-007, APN 910-420-008 AND APN 910-420-009; PA06-0293 Dear Ms. Kitzerow and Mr. Peters: Please be advised that the above-reCerenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off- site water Cacilities and the completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for Cees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. All on-site public water facilities will require public utility easements in Cavor of RCWD. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT ~ W.-- Corey F. Wallace, P.E. Development Engineering Manager cc: Laurie Williams, Engineering Services Supervisor 06\CW:at065IFEG / Rancho California Water District 42135WinchesterRoad . PostOff<<:e80x9017. Temecula,California921S89-9017. (951)296-6900 . FAX (951) 296-6860 www,ranehowater.eom '1.,: ""',.