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HomeMy WebLinkAbout09-028 PC ResolutionPC RESOLUTION NO. 09 -28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0301, THE FIRST ONE -YEAR EXTENSION OF TIME FOR A PREVIOUSLY APPROVED DEVELOPMENT PLAN (PA07 -0176) TO EXPAND THE TEMECULA STAGE STOP COMPLEX LOCATED AT 28464 OLD TOWN FRONT STREET (APN 922 023 -022) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 7, 2007, the Planning Commission approved Planning Application No. PA07 -0176, a Development Plan for an 11,456 sqaure foot expansion to the Temecula Stage Stop complex. B. On October 6, 2009, Walt Allen Architects filed Planning Application No. PA09 -0301, Extension of Time 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. The Planning Commission, at a regular meeting, considered the Application and environmental review on December 2, 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. PA09 -0301 subject to and based upon the findings set forth hereunder. F. 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: Extension of Time for Development Plan (Code Section 17.05.010F) 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 Extension of Time application is consistent with the original project. The proposal is consistent with the land use designation and policies reflected for development in the City of Temecula General Plan and the Old Town Specific Plan. The existing commercial complex would be expanded under this proposal. The project is consistent with all applicable requirements of State Law including Fire and Building Codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The Extension of Time application is consistent with the original project. The proposed project is consistent with the development standards outlined in the Old Town Specific Plan and City of Temecula Development Code. The proposed project has met the performance standards in regards to circulation, architectural design and site plan design. 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. 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 Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities); 1. The Project involves an Extension of Time for a previously approved expansion to the existing Temecula Stage Stop complex. No expansion of the previously approved Development Plan or use is proposed. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA09 -0301, the first one -year Extension of Time for a previously approved Development Plan (PA07 -0176) to expand the Temecula Stage Stop complex located at 28464 Old Town Front Street, 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 2nd day of December 2009. ATTEST: Patrick Richardson, Secretary [SEAL} STATE OF CALIFORNIA COUNTY OF Ri ERSIDE )ss CITY OF TEMECULA dr, tanley Harter, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09 -28 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of December 2009, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight, 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 Planning Application No.: PA09 -0301 Project Description: PL -1. EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL The first one -year Extension of Time for a previously approved Development Plan (PA07 -0176) to expand the Temecula Stage Stop complex located at 28464 Old Town Front Street Assessor's Parcel No.: 922 023 -022 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Approval Date: December 2, 2009 Expiration Date: November 7, 2010 (consistent with original approval) PLANNING DEPARTMENT General Requirements 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. Unless modified herein, the Conditions of Approval provided for PA07 -0176 shall remain in effect. PL -3. This approval shall be used within one year 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 one year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -4. The expiration of the application is subject to the underlying Development Plan or expiration date of subsequent extension of time approvals. PL -5. The Planning Director may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 2 additional one -year extensions of time, one year at a time. BUILDING AND SAFETY DEPARTMENT General Requirements B -1. Unless modified herein, the Conditions of Approval provided for PA07 -0176 shall remain in effect. B -2. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. FIRE PREVENTION General Requirements F -1. Unless modified herein, the Conditions of Approval provided for PA07 -0176 shall remain in effect. F -2. Having valid conditions in place, and appearing that no changes are being made that affect life safety we will make no additional conditions on this project at this time. ALL CONDITIONS previously placed on the project, and all codes and regulations in effect at the time of construction or alteration will be in full force and effect. F -3. The project will of course be subject to the applicable fire and life safety standards in place in the law at the time building and related permits are issued. F -4. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. COMMUNITY SERVICES CS -1. Unless modified herein, the Conditions of Approval provided for PA07 -0176 shall remain in effect. PUBLIC WORKS PW -1. Unless modified herein, the Conditions of Approval provided for PA07 -0176 shall remain in effect.