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HomeMy WebLinkAbout08_008 PC ResolutionPC RESOLUTION NO.08-OS A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. PA07-0316, A MAJOR MODIFICATION TO PA97-0118 (PROMENADE MALL) TO PROVIDE FOR VEHICULAR AND PEDESTRIAN ENHANCEMENTS TO THE RING ROAD. SITE MODIFICATIONS INCLUDE ADDITIONAL TRAFFIC SIGNALS, ADDITIONAL ALL-WAY STOPS, ACCESS RECONFIGURATION, MODIFIED STRIPING AND SIGNAGE, PEDESTRIAN ENHANCEMENTS, AND AISLE CLOSURES WITH ASSOCIATED LANDSCAPE MODIFICATIONS. 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. G:~Planning~2007\PA07-0316 Ring Road Plan at PromenadeV'IanningVan 2008 Mall PC Reso -Ring Rd Enhancement PIan.DOC F. On July 24, 2007 the City Council approved the Promenade Mall Ring Road Enhancement Agreement. The agreement outlined that both the City and Temecula Town Center Associates desire the Ring Road surrounding the Promenade Mall be enhanced so as to improve access and make it easier for the public to use the Ring Road. G. On November 9, 2007, Forest City Development filed Planning Application No. PA07-0316, a Major Modification for the Ring Road Enhancement Plan to provide vehicular and pedestrian enhancements 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 recommended the City Council approve Planning Application No. PA07-0316, 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 recommending approval of 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; As conditioned, the proposal is consistent with the land use and circulation goals and policies in the City of Temecula General Plan and the Temecula Regional Center Specific Plan. The project involves the modification of the existing Ring Road, access and parking areas. No development is proposed with this project. The modifications will result in pedestrian and vehicular enhancements which will improve access and make it easier for the public to use the Ring Road. Additionally, the Major Modification is consistent with the Promenade Mall Ring Road Enhancement Agreement executed by the City Council on July 24, 2007. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; G:\Planning@007\PA07-0316 Ring Road Plan a[ Promenade\PlanningUan 2008 MaII PC Reso -Ring Rd Enhancement PIaaDOC 2 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. The site plan modifications to access, parking/landscape layout, striping and signage will enhance the Ring Road. Additionally, the major modification is consistent with the Promenade Mall Ring Road Enhancement Agreement executed by the City Council on July 24, 2007. 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 for the Ring Road Enhancements 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. The Ring Road Enhancement Plan does not include any expansion of existing uses or retail square footage and therefore would not result in any additional trip generation. The Ring Road Plan will result in modified traffic patterns within the Mall property to improve pedestrian and vehicle circulation. 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. C. In addition, based on the findings set forth above, the actions approved by this Resolution are exempt from the application of the California Environmental Quality Act ("CEQA") by virtue of the categorical and statutory exemptions set forth in the following sections of the CEQA Guidelines (14 Cal. Code Regs) Section 15301, Class 1 Existing Facilities because the project consists of the minor alteration of existing streets for the purpose of public safety. The Ring Road enhancements will not result in the expansion of any use. G:Nlanning~200TPA07-0316 Ring Road Plan at PromenadeU'IanningVan 2008 Mall PC Aeso -Ring Rd Enhancement PIan.DOC 3 D. The custodian of records .for the Initial Study and FEIR for the Development Agreement and Temecula Regional Center 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 recommends that the City Council approve Planning Application No. PA07-0316 subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:~Planning~2007\PA07-0316 Ring Road Plan ai PromenadelPlanningVan 2008 Mall PC Reso -Ring Rd Enhancement PIan.DOC 4 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16th day of January 2008. ~~ John~Telesio, Chairman ATTEST: ,~'d"~1^~Pi ~Z~v~ly~ Debbie Ubnoske, Secretary nti~~_ ~S~) '' ti/ ~I.« ~~_~ / ,~ STATE OF.CALIFOf2~iA ) COUN'CY~F RIVERSIDE ) ss CITY OF TEMECUL;4 ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08-08 was duly and regularly adopted by the Planning Commission of the Ciry 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 '~hti- `~~,, y~ Debbie Ubnoske, Secretary G:~Planning~2007\PA07-0316 Ring Road Plan a[ Promenade~PlanningVan 2005 Mall PC Reso -Ring Rd Enhancement PIan.DOC 5 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: Z D~ 0 2 0 Kitzerow G:\Planning\2007\PA07-0316 Ring Road Plan at Promenade\Planning\FINAL COAS.doc 1 ACCEPTANCE OF CONDITIONS OF APPROVAL I, Kenneth Lee, understand that Planning Application No. PA07-0316 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in CC Resolution No. 08-15 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. ~ ~~ S/GNA TORE ~/~3~ /o ~ DATE G:\Planning\2007\PA07-0316 Ring Road Plan at Promenade\Planning\FINAL COAS.doc 2 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07-0316 Project Description: A Major Modification for the Ring Road Enhancement Plan to provide for vehicular and pedestrian enhancements to the Ring Road at the Promenade Mall. Site modifications include additional traffic signals, additional all-way stops, access reconfiguration, modified striping and signage, enhanced pedestrian crossings, and aisle closures with associated landscape modifications 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: $2.00/SF per Development Agreement Approval Date: January 22, 2008 Expiration Date: January 22, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 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 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 applicant/developerhas 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)). The applicanUdeveloper 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 Exemption. 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\2007\PA07-0316 Ring Road Plan at Promenade\Planning\FINAL COAs.doc 3 3. 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\PA07-0316 Ring Road Plan at Promenade\Planning\FINAL COAS.doc 4 GENERAL REQUIREMENTS G:\Planning\2007\PA07-0316 Ring Road Plan at Promenade\Planning\FINAL COAS.doc 5 Planning Department 4. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans, PA07-0154, Modification Application, and PA07-0286, Major Modification shall apply to this Major Modification except as modifed herein: a. Enhanced paving shall be provided for pedestrian crosswalks at the Ring Road where Main Street will connect to Bel Villaggio. b. ADA ramps shall be provided at all pedestrian crosswalks. Public Works Department 5. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans, PA07-0154, Modification Application, and PA07-0286, Major Modification shall apply to this Major Modification. 6. The Ring Road circulation system consists of a four lane, private looped road; radial private approach roads from public arterials; drive aisle connectors to the mall buildings; and, access driveways to surrounding properties. Modification and enhancement improvements to the Ring Road circulation system intend to eliminate confusion at intersections by improving traffic control and operations; reducing delay to the Ring Road approaches; calming traffic at key pedestrian and vehicular access locations; eliminating sight distance constraints; and, improving signage and directional striping. Implementation of the improvements occurs in two phases. The Phase 1 improvements represent a plan to be considered and approved by the Planning Commission and the City Council on or before April 15, 2008. Phase 2 improvements will be based on two traffic studies and other potential improvements as deemed necessary by the Director of Public Works. a. Phase 1 improvements (see attached exhibits) i. Install a traffic signal at Winchester Road West and the Ring Road. Coordinate the traffic signal operation with the existing traffic signal system on Winchester Road. Install conduit and pre-wire for a potential traffic signal at Winchester East. ii. Install a traffic signal at Ynez Road North and the Ring Road. Coordinate the traffic signal operation with the existing traffic signal system on Ynez Road. Install conduit and pre-wire for a potential traffic signal at Ynez Road South. iii. Install six all-way stops at designated approach roads and access driveways. iv. Install atwo-way stop with enhanced signage at Ynez Road South and the Ring Road. v. Install atwo-way stop with enhanced signage at Winchester Road East and the Ring Road. vi. Improve access driveways to Bel Villaggio including pedestrian crosswalks and a speed table at the intersection with proposed Main Street. vii. Remove and close off 16 drive aisle connectors to the mall buildings parking access. G:\Planning\2007\PA07-0316 Ring Road Plan at Promenade\Planning\FINAL COAs.doc 6 viii. Add new turn lanes on the Ring Road circulation system: right turn to Winchester Road East; left turn from Winchester Road West; left turn from Ynez Road North; and, left turn from North General Kearny. ix. Install signing and striping improvements for the entire Ring Road circulation system. b. Phase 2 improvements (see attached exhibits) At the Director of Public Works' discretion certain additional improvements to the Ring Road circulation system maybe necessary. The applicant agrees to conduct up to two (2) traffic studies of the Ring Road circulation system. The applicant intends to conduct the first study in calendar year 2008 after the completion of the Phase 1 improvements. The applicant expects to conduct a second study in calendar year 2009 after the completion of the Main Street and mall building improvements. At any time after the completion of the Phase 1 improvements and within the times established in the Promenade Mall Ring Road Enhancement Agreement, the Director of Public Works may direct completion of the following improvements: i. Install a traffic signal at Winchester Road East and the Ring Road. Coordinate the traffic signal operation with the existing traffic signal system on Winchester Road. ii. Install a traffic signal at Ynez Road South and the Ring Road. Coordinate the traffic signal operation with the existing traffic signal system on Ynez Road. iii. Remove and close off up to three drive aisle connectors to the mall buildings parking access. iv. Additional improvements warranted by the traffic studies and identified necessary by the Director of Public Works requires future agreement between the City of Temecula and Temecula Towne Center Associates. The project results in the loss of landscaping at drive aisles and medians, however the Promenade Mall site remains consistent with the landscaping requirements in the Specific Plan. The project also results in the net gain of one parking space for the site. Building and Safety Department 7. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans, PA07-0154, Modification Application, and PA07-0286, Major Modification shall apply to this Major Modification, except as modified herein. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. Please note, plans submitted after December 31, 2007 will be required to meet the provisions of the California 2007 model codes. G:\Planning\2007\PA07-0316 Ring Road Plan at Promenade\Planning\FINAL COAs.doc 7 9. 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. 10. Obtain all building plans and permit approvals prior to commencement of any construction work. 11. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 12. 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 13. Submit at time of plan review, electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 14. Submit at time of plan review, precise grading plan at plan check submittal to check accessibility for persons with disabilities as applicable to scope of work for plan review. 15. Apre-construction meeting is required with the building inspector prior to the start of the building construction. Fire Prevention Bureau 16. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans, PA07-0154, Modification Application, and PA07-0286, Major Modification shall apply to this Major Modification. Community Services Department 17. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans, PA07-0154, Modification Application, and PA07-0286, Major Modification shall apply to this Major Modification. Police Department 18. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans, PA07-0154, Modification Application, and PA07-0286, Major Modification shall apply to this Major Modification. G:\Planning\2007\PA07-0316 Ring Road Plan at Promenade\Planning\FINAL COAs.doc 8 PRIOR TO ISSUANCE OF GRADING PERMITS G:\Planning\2007\PA07-0316 Ring Road Plan at Promenade\Planning\FINAL COAs.doc 9 Planning Department 19. All Conditions of Approval for PA06-0293, Promenade MaII Expansion Plans, PA07-0154, Modification Application, and PA07-0286, Major Modification shall apply to this Major Modification. Public Works Department 20. All Conditions of Approval for PA06-0293, Modification Application, and PA07-0286 Modification. Promenade Mall Expansion Plans, PA07-0154, Major Modification shall apply to this Major Fire Prevention Bureau 21. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans, PA07-0154, Modification Application, and PA07-0286, Major Modification shall apply to this Major Modification. Community Services Department 22. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans, PA07-0154, Modification Application, and PA07-0286, Major Modification shall apply to this Major Modification. G:\Planning\2007\PA07-0316 Ring Road Plan at Promenade\Planning\FINAL COAS.doc 10 PRIOR TO ISSUANCE OF BUILDING PERMIT G:\Planning120071PA07-0316 Ring Road Plan at Promenade\Planning\FINAL COAS.doc 11 Planning Department 23. All Conditions of Approval for PAO6-0293, Promenade Mall Expansion Plans, PAO7-0154, Modification Application, and PAO7-0286, Major Modification shall apply to this Major Modification. Public Works Department 24. All Conditions of Approval for PAO6-0293, Promenade Mall Expansion Plans, PAO7-0154, Modification Application, and PAO7-0286, Major Modification shall apply to this Major Modification. Building and Safety Department 25. All Conditions of Approval for PAO6-0293, Promenade Mall Expansion Plans, PAO7-0154, Modification Application, and PAO7-0286, Major Modification shall apply to this Major Modification. 26. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Fire Prevention Bureau 27. All Conditions of Approval for PAO6-0293, Promenade Mall Expansion Plans, PAO7-0154, Modification Application, and PAO7-0286, Major Modification shall apply to this Major Modification. Community Services Department 28. All Conditions of Approval for PAO6-0293, Promenade Mall Expansion Plans, PAO7-0154, Modification Application, and PAO7-0286, Major Modification shall apply to this Major Modification. G:\Planning\2007\PA07-0316 Ring Road Plan at Promenade\Planning\FINAL COAS.doc 12 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:\Planning\2007\PA07-0316 Ring Road Plan at Promenade\Planning\FINAL COAs.doc 13 Planning Department 29. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans, PA07-0154, Modification Application, and PA07-0286, Major Modification shall apply to this Major Modification. Public Works Department 30. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans, PA07-0154, Modification Application, and PA07-0286, Major Modification shall apply to this Major Modification. Fire Prevention Bureau 31. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans, PA07-0154, Modification Application, and PA07-0286, Major Modification shall apply to this Major Modification. Community Services Department 32. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans, PA07-0154, Modification Application, and PA07-0286, Major Modification shall apply to this Major Modification G:\Planning\2007\PA07-0316 Ring Road Plan at Promenade\Planning\FINAL COAS.doc 14