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HomeMy WebLinkAbout08_018 PC ResolutionPC RESOLUTION NO. 08-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0032, A MAJOR MODIFICATION TO CONSTRUCT A PEDESTRIAN BRIDGE CONNECTING MACY'S TO THE WEST PARKING STRUCTURE AT THE PROMENADE MALL LOCATED AT THE CORNER OF WINCHESTER ROAD AND YNEZ ROAD (APN 910-420- 006) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 21, 2007 the Planning Commission approved Planning Application No. PA06-0293 a Development Plan to expand the Promenade Mall by 125,950 square feet with an outdoor life-style main street shopping center. The application also included a Conditional Use Permit to construct two parking structures. B. On February 6, 2008 Forest City Development ,filed Planning Application No. PA08-0032 Major Modification Application in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. On April 8, 2008 and April 22, 2008 the Infrastructure Beautification Committee reviewed the project. E. The Planning Commission, at a regular meeting, considered the Application and environmental review on May 7, 2008, 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. F. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA08-0032 subject to and based upon the findings set forth hereunder. G. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: 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; 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 require that proposed buildings be compatible with existing buildings. The proposed pedestrian bridge to support the commercial uses is compatible with the surrounding commercial buildings currently located (or under construction) on the site. The proposed bridge construction is consistent with the original approvals for the Promenade Mall expansion (PA06-0293). 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. The proposed bridge construction is consistent with the original approvals for the Promenade Mall expansion (PA06-0293). Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Major Modification: A. In accordance with the California Environmental Quality Act (CEQA), the proposed project is consistent with the previously adopted Environmental Impact Report and Addendum and no further environmental review is required. A Notice of Determination will be issued in compliance with CEQA Section 15162. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA08-0032, Macy's Pedestrian Bridge, a Major Modification to construct a pedestrian bridge connecting Macy's to the West Parking Structure at the Promenade Mall, 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 City of Temecula Planning Commission this 7th day of May 2008 John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary _~ ~A,- .~. ~_ _ , ~~ ~` STATE OF CALIFORftiIA ) 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. 08-18 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7th day of May 2008, by the following vote: AYES: 4 PLANNING COMMISSIONERS: NOES: 0 PLANNING COMMISSIONERS ABSENT: 1 PLANNING COMMISSIONERS Carey, Chiniaeff, Harter, Telesio None Guerriero ABSTAIN: 0 PLANNING COMMISSIONERS None Debbie Ubnoske, Secretary EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: ~"~~'_~~ 5~~9 G DRIVE: t9_o8, ^- PERMITS P LUS: INITIALS: PLANNER: ~/~i M-.~1G MAY 16 2000 ACCEPTANCE OF CONDITIONS OF APPROVAL I, Kenneth Lee, understand that Planning Application No. PA08-0032 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. 08-18 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. SIGNATURE DATE ~' EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA08-0032 Project Description: A Major Modification to the West Parking Structure and Macy's Storefront at the Promenade Mall to construct a pedestrian bridge connecting from the second level of the West Parking Structure to the second level of the Macy's store Assessor's Parcel No. MSHCP Category: DIF Category: TUMF Category: Approval Date: PLANNING DEPARTMENT 910-420-005, 007, and 008 Per Development Agreement Per Development Agreement Per Development Agreement May 7, 2008 Within 48 Hours of the Approval of This Project 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) for the County administrative fee, to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicanUdeveloperhss 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)). 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. General Requirements The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 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 utilization contemplated by this approval. The Director of Planning may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. 6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 7. The applicant shall paint athree-foot by three-foot section of the building for Planning Department inspection, prior to commencing painting of the building. 8. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application shall apply to this application except as modified herein. BUILDING AND SAFETY DEPARTMENT 9. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application, shall apply to this application except as modified herein. COMMUNITY SERVICES DEPARTMENT 10. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application, shall apply to this application except as modified herein. FIRE PREVENTION 11. The Fire Department has no comments on this case. Please refer back to the original Conditions of Approval for PA06-0293. POLICE DEPARTMENT 12. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application, shall apply to this application except as modified herein. PUBLIC WORKS DEPARTMENT 13. All Conditions of Approval for PA06-0293, Promenade Mall Expansion Plans and PA07- 0154, Modification Application, shall apply to this application except as modified herein.