HomeMy WebLinkAbout09-005 PC ResolutionPC RESOLUTION NO. 09-05
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA08-0286, THE SECOND
EXTENSION OF TIME FOR A DEVELOPMENT PLAN AND
MINOR EXCEPTION FOR A 15,333 SQUARE FOOT
COMMERCIAL BUILDING ON 1.4 ACRES GENERALLY
LOCATED APPROXIMATELY 1,000 FEET SOUTH OF
SANTIAGO ROAD AT 28865 OLD TOWN FRONT STREET
(APN: 922-100-023)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On January 18, 2006, Planning Commission approved Planning
Application No. PA04-0584 (Development Plan and Minor Exception).
B. On December 22, 2008 Janet Lee filed Planning Application No. PA08-
0286, (Second Extension of Time) 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. The Planning Commission, at a regular meeting, considered the
Application and environmental review on March 18, 2009, 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.
E. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission approved Planning Application No. PA08-0286
subject to and based upon the findings set forth hereunder.
F. 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 17.05.0101)
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;
The proposed Extension of Time is consistent with the General Plan land use
policies for Service Commercial (SC) developments in the City of Temecula
General Plan. The General Plan has listed the proposed uses, including retail
and office, as typical uses in the Service Commercial designation. The proposed
project is consistent with the use regulations outlined in the Development Code
for the Service Commercial zoning district. The Land Use Element of the
General Plan requires that proposed buildings be compatible with existing
buildings. The proposed commercial uses are compatible with the surrounding
commercial buildings currently located adjacent to the proposed 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 the public health, safety and welfare.
Minor Exception (Code Section 17.03.060.D.2)
C. That there are practical difficulties or unnecessary hardships created by
strict application of the code due to physical characteristics of the property;
There are practical difficulties and unnecessary hardships created by strict
application of the code due to physical circumstances and characteristics of the
property that are not shared by other properties in the zone due to a flood control
easement across the rear of the property that limits the developable depth of the
property to approximately 150 feet.
D. The Minor Exception does not grant special privileges which are not
otherwise available to surrounding properties and will not be detrimental to the public
welfare or to the property of other person located in the vicinity;
The Minor Exception does not grant special privileges which are not otherwise
available to surrounding properties also affected by the flood control channel as
other development projects may request a Minor Exception for a reduction in
parking requirements. It is not anticipated that the requested reduction in parking
would be detrimental to the public welfare or to the property of other persons
located in the vicinity.
E. The Minor Exception places suitable conditions on the property to protect
surrounding properties;
The project has been conditioned in accordance with requirements of the
Development Code, building codes and fire codes.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Extension of Time:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15332, Class 32 In-Fill Development Projects).
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA08-0286, the second Extension of Time to a
Development Plan and Minor Exception to construct a 15,333 square foot commercial
building on 1.4 acres located on the west side of Old Town Front Street approximately
1,000 feet south of Santiago Road at 28865 Old Town Front Street, subject to the
Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein
by this reference.
Section 1. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 18th day of March 20
an ey Harter, Chairman
ATTEST:
Patrick Richardson, Secretary
[SEAQ y
T
STATE OF CALIFORNIA )
COUNTY--OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 09-05 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 18th day of March 2009, 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
Patrick Richardson, Secretary
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA08-0286
Project Description: The second Extension of Time application for the Starworld Center
located on 28865 Old Town Front Street, no changes are proposed
as part of the extension
Assessor's Parcel No.: 922-100-023
MSHCP Category: Commercial
DIF Category: Commercial
TUMF Category: Retail Commercial
Approval Date: March 18, 2009
Expiration Date: January 18, 2010
PLANNING DEPARTMENT
Within 48 Hours of the Approval of This Project
PL-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)).
PL-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
PL-3. The City Planner may, upon an application being filed within 30 days prior to expiration,
and for good cause, grant a time extension of up to 1 one-year extensions of time.
PL-4. This project is subject to the Conditions of Approval for Planning Application No. PA07-
0339, unless modified herein.
OUTSIDE AGENCIES
PL-5. Flood protection shall be provided in accordance with the Riverside County Flood
Control District's transmittals dated April 13, 2005 and June 28, 2005, copies of which
are attached. The fee is made payable to the Riverside County Flood Control Water
District by either a cashier's check or money order, prior to the issuance of a grading
permit (unless deferred to a later date by the District), based upon the prevailing area
drainage plan fee.
PL-6. The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's transmittal dated December 1, 2004, a
copy of which is attached.
PL-7. The applicant shall comply with the recommendations set forth in the Rancho California
Water District's transmittal dated December 13, 2004, a copy of which is attached.
PL-8. The applicant shall comply with the recommendations set forth in the Southern
California Gas Company's transmittal dated January 7, 2005, a copy of which is
attached.
BUILDING AND SAFETY DEPARTMENT
B-1. This project is subject to the Conditions of Approval for Planning Application No.
PA07-
0339, unless modified herein.
COMMUNITY SERVICES DEPARTMENT
CS-1. This project is subject to the Conditions of Approval for Planning Application No.
PA07-
0339, unless modified herein.
FIRE PREVENTION
F-1. This project is subject to the Conditions of Approval for Planning Application No.
PA07-
0339, unless modified herein.
PUBLIC WORKS DEPARTMENT
PW-1. This project is subject to the Conditions of Approval for Planning Application No.
PA07-
0339, unless modified herein.
( i~ rrooi
reral Manager-Chief Engineer o g
~ 'r a ro4
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
City of Temecula
Planning Department
Post Office-Box 9033
Temecula, CA 92589-9033
Attention: Stuart Fisk
Ladies and Gentlemen:
April 13, 2005
Re: PA 04-0584
1995 MARKET STREET
RIVERSIDE, CA 92501
951.955.1200
951.788.9965 FAX
94220.1
The District does not normally recommend conditions for land divisions or other land. use cases in
incorporated Cities. The District also does not plan check City land use cases, or provide State Division of.
Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such
cases are normally limited to items of specific interest to the District including District Master. Drainage Plan
facilities, other regional flood control and drainage facilities which could be. considered a logical component or
extension of a master plan system, and District. Area Drainage Plan fees (development mitigation fees). In
addition, information of a general nature is provided.
The District has not reviewed the proposed project iii detail and the following comments do not in any way
constitute or imply District approval or endorsement of the proposed project with respect to flood hazard,
public health and safety, or any other such issue:
The majority of the property is within the 100 year Zone AE floodplain limits for Murrieta Creek as delineated
on Panel No. 060742-001 OB dated September 2, 1993 of the Flood Insurance Rate Maps issued in conjunction
with the National Flood Insurance Program, administered by the Federal Emergency Management Agency
(FEMA). A District flood study in 1987 determined the base flood elevation for the master plan flow rate. of
38,300 cfs to be 1001.85 (NGVD 29) at the location.
The U.S. Army Corps of Engineers along with the District and the Cities of Temecula and Murrieta are
working on the design of the Murrieta. Creek Flood Control, Environmental Restoration and Recreation project
(Project), which has been Congressionally authorized. The proposed development is located within Phase 1 of
the Project, which is currently in construction. Questions regarding the Project may be addressed to Zully
Smith of our office at 951.955.1299.
Until the proposed Project has been constructed, all new buildings should be floodproofed by elevating the
finished floor a minimum of 12 inches above the Districts floodplain elevation of 1001.85.
This project is located within the. limits of the Districts Murrieta Creek/Temecula Valley Area Drainage Plan
for which drainage fees have been adopted; applicable fees should be paid prior to the issuance of building or
grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit.
GENERAL INFORMATION
This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State
Water Resources Control Board. Clearance for grading, recordation or other final approval should not be
given until the City has determined that the project has been granted a permit or is shown to be exempt
ti 1
City of Temecula
Re: PA 040584
f 94220.1
-2- April 13, 2005
If this project involves a FEMA mapped floodplain, then the City should require the applicant to provide all
studies, calculations, plans and other information required to meet FEMA requirements, and should further
require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation
or other final approval of the.project, and a Letter of Map Revision (LOMR),prior to occupancy.
The applicant shall show written proof of compliance with the Multiple Species Habitat Conservation Plan
(MSHCP) for any drainage facilities the applicant proposes to be maintained by the District All applicable
CBQA and MSHCP documents and permits shall address the construction, operation and maintenance of all
onsite and offsite drainage facilities. Draft CEQA documents shall be forwarded to the District during the
public review period.
If a natural watercourse or mapped floodplain is impacted by this project, the City should. require the applicant
to obtain all applicable Federal, State and local regulatory permits. These regulatory permits include, but are
not limited to: a Section 404 Permit issued by the U.S. Army Corps of Engineers in compliance with section
404 of the Clean Water Act, a California State Department of Fish and Game Streambed Alteration Agreement
in compliance withthe Fish and Game Code Section 1600 euseq., and a 401 Water Quality Certification or a
Report of.%ste Discharge Requirements in compliance with Section 401 of the Clean Water Act or State
Porter Cologue Water Quality tact, respectively, from the appropriate Regional Water Quality Control Board
The applicant shall also be responsible for complying with all mitigation measures as required' under CEQA
and all Federal; State, and local environmental rules and regulations.
0: RotiParks, City of Temecula
ztrlly Smith, RCFC & WCD
AM:blj
Very truly yours, ,
atx~ 44
ARTURO DIAZ
Senior Civil Engineer
i-
V .
199s MARKET SI RFET
mval'Mm6ga Chid Enginar. RIVERSIDE, CA 92501
951955.1200
951.788.9965 FAX
3j www.flwdwntrol.mrivaside cLus
fr
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
June 28, 2005 - - - -
FARED THIS DATE TO: 951.695 7215
JUN 3 0 2005
Ms. Janet Ock-Gyu Lee
4027 Star Track Way
Fallbrook, CA 92028-8922
Dear Ms. Lee:
Re: Murrieta Creels Project
APN 922-100-023- Star World Center
I appreciate the opportunity to have met with you on June 15, 2005 to discuss proposed development
plans for your parcel adjacent to Phase 1 of the Mumeta Creek Project. As requested, I am writing to
clarify/confirm the following three points:
1. The U.S Army Corps of Engineers (Corps) is constructing the Murrieta Creek Flood
Control, Environmental Restoration and Recreation Project. Upon completion, the
District will request.that FEMA revise its flood insurance rate maps to reflect. the
subject parcel being free from flooding in a 100-year storm event.
2. Construction of the phase of Murrieta Creek Channel adjacent to the subject parcel is
not yet complete. To date, only a brief; inaccessible segment of the bicycle path that
will someday parallel the entire channel through Temecula has been constructed
Afler'consulting with the Corps, we have decided not to permit private development
to construct pedestrian/bicycle access improvements within our rights-of-way at this .
time. Your .request for constriction of a 12-foot access ramp is therefore denied In
the future, access points will be located at specific locations where public access
rights have been secured.
3. District staffs interpretation of the language of the grant deed for the subject parcel is
that a blanket easement for access purposes exists over the entire.subject parcel, not
just that portion offered through dedication to the public. Given the fact that we are
presently in litigation with you, I would encourage you to direct all future inquiries
related to this matter to the office of County Counsel through your attorney.
Lastly, please note that,sheet A-1.1• of the site plan drawing for your proposed development incorrectly
shows a storm drainage easement, along with 16-foot wide easements for both landscaping and a
maintenance road adjacent to the westerly edge of your project The drawing should be updated to
reflect fee-simple ownership by our District of all three areas.
i
Ms. Janet Ock-Gyu Lee _2-
Re: Murrieta Creek Project
APN 922-100-023- Star World Center
June 28, 2005
Should you have further questions related to the Mumeta Creek project please contact Gregory Walker
of our Right of Way Acquisition staff at 951.955.1281.
Very truly yours,
7;
STEPHEN C. THOMAS
Chief Of Operations
and Maintenance Division
c: US Army CogSS of Engineers
Attn: David Van Dorpe, Project Manager
City of Temecula
Attn: Don Hagen, senior Planner
Zully Smith
Ed Lotz
SCT:ac
PC/9550S
0 C(ir,16 OF RIVERSIDE a HEAL;11. •~ERVICES AGENCY 13
DEPARTMENT OF ENVIRONMENTAL HEALTH
December 1, 2004
City of Temecula Planning Department Qr .
P.O. Box 9033 C( e' 2004
Temecula, CA 92589-9033
Attention: Stuart Fisk 8y~
RE: Development Plan No. PA04-0584
Dear W. Fisk:
1. Department of Environmental Health has reviewed the Development Plan No. PA04-0584 to
construct a 13,000 sq. ft, commercial building on..51 acres and has no objections. Although we
have no recent information in regards water and sewer availability, water and sewer services
should be available in this area.
2. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD
BE REQUIRED:
a) "Will-serve" letters from the appropriate water and sewering districts.
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 (909) 600-6330.
c) if there are to be any hazardous materials, a clearance letter from the Department of
Environmental Health Hazardous Materials Management Branch (955-5055) will be
required indicating that the project has been cleared for-
* Underground storage tanks, Ordinance # 617.4.
♦ Hazardous Waste Generator Services, Ordinance # 615.3.
♦ Hazardous Waste Disclosure (in accordance with Ordinance # 651.2).
.4 Waste reduction management.
Sincerely,
gnez, Supervising Environmental Health Specialist
(909) 955-8980
NOTE: Any current additional requirements not covered can be applicable at time of Building Plan
review for final Department of Environmental Health clearance.
cc: Doug Thompson, Hazardous Materials
cal Enforcement Ageac9 . P.O. Box 1280, Riverside, CA 92502-1280 • (909) 955-8982 • FAX (909) 781-9653 • 4080 Lemon Street, 9th Floor, Riverside, CA 92501
ed We and Water Engineering • P.O. Box IM,.Riverside, CA 92502-1206 • (909) 955-8980 • FAX (909) 955-8903 • 4080 Lemon Street, 2nd Floo; Riverside, CA 92501
December 13, 2004
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Stuart Fisk, Case Planner
City of Temecula
Platming. Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
~ DEEC 2 0 2004 I~
SUBJECT: WATER AVAILABILITY
LOT NO.4 OF TRACT NO. 013-059; BLOCK 32; PARCEL
NO. 2 OF MAP' BOOK 1483 PAGES NO. 51 AND NO. "52
CITY OF TEMECULA; APN 922-100-023
PROJECTNO: PA04-0584 {STAR WORLD CENTER]
Dear Mr. Fisk:
-Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD). Water service,
therefore, would be available upon construction of any regiared on-site and/or
off-site water facilities 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 fees
and requirements.
Water availability would be contingent upon the property owner signing an
Agency Agreement that assigns water management rights, if any, to RCWD.
If you should have any questions, please contact an Engineering Services
Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
Micha 1 G. Meyerpeter, P.E.
Development Engineering Manager
oavtnt:uuawcF
c: Laurie Williams. Engineering services Supervisor
8axho aurora" wer.r DIFWW
Southam
` California
&as Company
A coy Sernpra Energy company
January 7, 2005
City of Temecula
P.O: Box 9033
Temecula, CA 92589-9033
Subject: 010705 Various Projects
PA04-0561, 40517 MargarttaAd, Temecula
Mail Loop Rd - Construction
PA04-0564, Temecula Education Complex, On
Diaz. Btwn Cherry & Campus - Construction -
PA04-0604, Ster World Center - Old Town
Front Street - Construction
PA04-0538 Roick Drive Business Condo -
PA04-0592 Penfold Plaza - Construction
PA04-0612, Palomar Plaza - Construction -
43960 Mamarlta Rd
PA04-0620, Boys & Girls Club- Constriction -
31465 Via Cordoba
PA04-0621, Butterfield Ranch Shopping Center
- construction Commercial Bklgs - Southwest
Comer of Hwy 79 South & Butterfield
PA04-0622, Tall Tree Mail Expansion -
Construction - Office Bldgs
PA02-0362 -Rancho Temecula Town Centre -
H 79 & Nicholas
PA04-0200, 201, S!E Rancho Calif Rd &
Meadows Pkwy -Conatructim
Southern California Gas Company; Transmission Department, has no
conflict with your proposed improvement. 'However, our Distribution
department may have some facilities within your construction area. To
assure no conflict with the .local distribution's pipeline system, please
contact (909) 335-7725.
,---Sincerely,
Rosalyn es
Transm n Pipeline Planning Assistant
i JAN IS 2005 I
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