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HomeMy WebLinkAbout08_007 PC ResolutionPC RESOLUTION NO.08-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0286, A MAJOR MODIFICATION TO CONSTRUCT AN ADDITIONAL LEVEL AT THE WEST PARKING STRUCTURE FOR THE APPROVED TEMECULA PROMENADE MALL EXPANSION (PLANNING APPLICATION NO. PA06-0293) Section 1. Procedural Findings. 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 12, 2006 the City Council introduced, and on September 26, 2006 the City Council adopted 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. Temecula Towne Center Associates, L.P., a California Limited Partnership ("Developer") is the successor in interest to the Owner's rights in 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. F. On September 5, 2007 the Planning Commission approved Planning Application No. PA07-0154, Promenade Mall Modifications. G:\Planning\2007\PA07-0286 Mall Garage Deck Major MOD\PlanningUanuary 2008 -Mall PC Reso -Major Mod to West Parking Struc[ure.DOC G. On October 11, 2007, Forest City Development filed Planning Application No. PA07-0286, a Major Modification to construct an additional level at the West Parking Structure for the approved Temecula Promenade Mall Expansion in a manner in accordance with the City of Temecula General Plan and Development Code. H. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. I. The Planning Commission, at a regular meeting, considered the Application and environmental review on January 16, 2008, 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. J. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA07-0286, subject to and based upon the findings set forth in this Resolution. K. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Development Plan (Section 17.05.010.E of the Temecula Municipal Code) 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; The proposed additional deck at the West Parking Structure 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 design of the proposed structure substantially conforms with the approved expansion plans. The proposal results in the provision of additional parking spaces for the Promenade Mall; no additional uses are included with the proposal. The proposed parking uses are compatible with the surrounding commercial buildings currently located adjacent to the proposed site. No additional retail square footage is proposed with this Major Modification. As a result no additional vehicle trips would be generated. 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 the public health, safety and welfare. G:~Planning~2007~PA07-0286 Mall Garage Deck Major MODNIanningUanuary 2008 -Mall PC Reso -Major Mod to West Parking S[mc[ure.DOC 2 Conditional Use Permit per Section 17.04.010.E of the Temecula Municipal Code A. The proposed conditional use is consistent with the General Plan, Specific Plan 263, the Development Agreement and the applicable provisions of Development Code; The site is properly planned and zoned and found to be physically suitable for the proposed parking structure. 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. The project as conditioned is also consistent with other applicable requirements of the Development Agreement, State law and local ordinance. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed 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 and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures because the project has been designed to integrate with the adjacent architecture and screened in a manner consistent with the Development Code with landscaping. The building is also compatible in scale with the surrounding uses and will blend in appropriately. 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 this development code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood; The site for the proposed parking structure is adequate in size and shape to accommodate the required development features. 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. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community because the project will provide required parking to serve the commercial development and the project has been reviewed and conditioned to comply with all UBC and UFC standards. G:~Planning~2007~PA07-0286 Mall Garage Deck Major MOD~PIanningUanuary 2008 -Mall PC Reso -Major Mod to West Parking Srruc[ure.DOC 3 Section 3. Environmental Determinations. A. In accordance with the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the Planning Commission has considered the proposed Major Modification. 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 Major Modification 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 Major Modification does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the Major Modification will have one or more significant effects not previously discussed in the FEIR and Addendum. No additional retail square footage is proposed with this Major Modification. As a result no additional vehicle trips would be generated. 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 Major Modification 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, transportation/traffic, 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, PA07-0154 and PA07-0286 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 Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15164) is the appropriate type of CEQA documentation for the Major Modification, and no additional environmental documentation is required. G:1Planning~2007V'A07-0286 Mall Garage Deck Major MOD~PIanningUanuary 2008 -Mall PC Reso -Major Mod to West Parking SWC[ure.DOC 4 C. Although not required as part of the CEQA review, the Commission reviewed a Supplemental Traffic Analysis for the Promenade Mall Expansion as part of the approval for Planning Application No. PA06-0293, prepared by RBF Consulting which determined "that cumulative trip generation estimated for the approved Promenade Mall/Power Center I and II, Costco, Bel Villaggio/Overland 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 I-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. Approvals. The Planning Commission of the City of Temecula hereby approves Planning Application No. PA07-0286 subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:~Planning12007\PA07-0286 Mall Garage Deck Major MODNIanningUanuary 2008 -Mall PC Reso -Major Mod [o West Parking Structure.DOC 5 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16th day of January 2008. ~= John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary `~-l•C '1 . - [SEE1L1 -~ ` -. .n ~--- r STATE OF CALIFORI~I<< ) 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. 08-07 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of January 2008, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ~~~tv Debbie Ubnoske, Secretary G:~Planning~2007\PA07-0286 Mall Garage Deck Major MOD~PIanningUanuary 2008 -Mall PC Reso -Major Mod [o West Parking Slructure.DOC 6 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS INITIALS: PLANNER: T~' I ~ KITZEROW G:\Planning\2007\PA07-0286 Mall Garage Deck Major MOD\Planning\Final COAS.doc 1 I .I'.~; i a ..7!' ~~~ ry:,_~. , ~_ ,_ __ ~._.~E , ACCEPTANCE OF CONDITIONS OF APPROVAL I, Kenneth Lee, understand that Planning Application No. PA07-0286 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in PC Resolution No. 08-07 and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. ~~ ~ ~~ SI NATURE ./z ~ ~ DATT, G:\Planning\200TPA07-0286 Mall Garage Deck Major MOD\Planning\Final COAs.doc 2 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07-0286 Project Description: Planning Application No. PA07-0286, a Major Modification application to construct an additional parking level (deck) at the West Parking Structure at the Promenade Mall expansion (PA06-0293 and PA07-0154) with proposed modifications to the floor plans and elevations of the West Parking Structure to accommodate trash service and a modification to the site plan to accommodate a bus turnout for the expansion area, located between Macy's and Edwards Cinema at the Promenade Mall, bound by Winchester Road, Margarita Road, Overland Road and Ynez Road Assessor's Parcel Nos. 910-420-005 thru -009 MSHCP Category: Not Applicable per Development Agreement DIF Category: Not Applicable per Development Agreement TUMF Category: Retail Commercial Development Mitigation Fee: $2.OOISF per Development Agreement Approval Date: January 16, 2008 Expiration Date: January 16, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department The applicantdeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount ofSixty-Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination. If within said 48-hour period the applicanUdeveloper has not delivered to the Planning Department the check as required above, the approval forthe project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. G:\Planning\2007\PA07-0286 Mall Garage Deck Major MOD1PIanning\Final COAs.doc 3 GENERAL REQUIREMENTS G:1Planning\2007\PA07-0286 Mall Garage Deck Major MOD\PlanninglFinal COAs.doc 4 Planning Department 3. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification except as modified herein. Public Works Department 4. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification. Building and Safety Department 5. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification. Fire Prevention Bureau 6. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification. Community Services Department 7. All Conditions of Approval for Planning Application No. PA06-0293, Promenade Mall Expansion Plans and PA07-0154, Modification Application shall apply to this Major Modification. Police Department 8. All Conditions of Approval for PA06-0293, Promenade Mall Expansion and PA07-0154, Modification Application shall apply to this Major Modification. G:\Planning\2007\PA07-0286 Mall Garage Deck Major MOD\Planning\Final COAS.doc 5 PRIOR TO ISSUANCE OF GRADING PERMITS G:\Planning\2007\PA07-0286 Mall Garage Deck Major MOD\PlanninglFinal COAS.doc 6 Planning Department 9. All Conditions of Approval for PAO6-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification. Public Works Department 10. All Conditions of Approval for PAO6-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification. Fire Prevention Bureau 11. All Conditions of Approval for PAO6-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification. Building and Safety Department 12. All Conditions of Approval for PAO6-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification. Community Services Department 13. All Conditions of Approval for PAO6-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification. Police Department 14. All Conditions of Approval for PAO6-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification. G:\Planning\2007\PA07-0286 Mall Garage Deck Major MOD\Planning\Final COAS.doc 7 PRIOR TO ISSUANCE OF BUILDING PERMIT G:\Planning\2007\PA07-0286 Mall Garage Deck Major MOD\Planning\Final COAs.doc 8 Planning Department 15. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification. Public Works Department 16. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification. Building and Safety Department 17. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification. Fire Prevention Bureau 18. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification. Community Services Department 19. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification, except as modified herein: a. All details for the compactor in the West Parking Garage shall be reviewed and approved by the Director of Community Services and the City's franchised trash hauler. G:\Planning\2007\PA07-0286 Mall Garage Deck Major MOD\Planning\Final COAS.doc 9 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:\Planning\2007\PA07-0286 Mall Garage Deck Major MOD\Planning\Final COAs.doc 10 Planning Department 20. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification. Public Works Department 21. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification. Fire Prevention Bureau 22. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification. Building and Safety Department 23. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification. Community Services Department 24. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification, except as modified herein: a. The compactor and adaptations shall be operational and approved by the Director of Community Services and the City's franchised trash hauler. Police Department 25. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this Major Modification. G:\Planning\2007\PA07-0286 Mall Garage Deck Major MOD\Planning\Final COAs.doc 11