HomeMy WebLinkAbout13-033 PC Resolution PC RESOLUTION NO. 13-33
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA13-0072, A MAJOR MODIFICATION
FOR MCDONALD'S RESTAURANT TO ENHANCE THE
BUILDING EXTERIOR FACADES, CHANGE THE
EXTERIOR COLORS, RECONFIGURE THE DRIVE-THRU
FACILITY, RELOCATE A CELLULAR TELECOM-
MUNICATION FACILITY, RELOCATE THE TRASH
ENCLOSURE, AND REDUCE PARKING SPACES FOR
ADDITIONAL LANDSCAPED AREAS AT 31853
TEMECULA PARKWAY (VAIL RANCH SHOPPING
CENTER) (APN 961-080-007)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On March 27, 2013, Jessica Steiner filed Planning Application No. PA13-
0072 Major Modification Application in a manner in accord with the City of Temecula
General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on July 17, 2013, 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.
D. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PA13-0072 subject to and based upon the findings set forth hereunder.
E. 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:
' Modification Permits (Development Code Section 17.05.030E)
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 project will allow for renovations of exterior building facades, change of
exterior colors, reconfiguration of the drive-thru facility, relocation of a cellular
telecommunication facility, relocation of the trash enclosure, and reduction of
parking spaces for additional landscaped areas. All uses for the project will
remain consistent with those allowed in the City of Temecula Development Code
for Communify Commercial (CC) zoning district. Therefore, the use will be in
conformance with City of Temecula General Plan and with all requirements of
State law and other Ordinances of the City.
B. The overall development of the land is designed for the protection of the
public health, safety, and general welfare;
The project is in conformance with all requirements of the Development Code,
Fire Code, and Building Code, which contain provisions to ensure the protection
of the public health, safety, and general welfare. Therefore, the project is not
anticipated to have a negative impact to the public health, safety, and general
welfare.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Major Modification 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);
The project will allow for a renovation of the exterior building facades, a change
of exterior building colors, reconfiguration of the drive-thru facility, relocation of a
cellular telecommunication facility, relocation of trash enclosure, and reduction of
parking spaces for additional landscaped areas. Consistent with CEQA Section
15301, the proposed project involves negligible expansion and minor alteration of
the existing building. Therefore, no further environmental review is necessary.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA13-0072, a Major Modification for McDonalds
Restaurant to enhance the building exterior facades, change the exterior colors,
reconfigure the drive-thru facility, relocate a cellular telecommunication facility, relocate
the trash enclosure, and reduce the parking spaces for additional landscaped areas at
31853 Temecula Parkway (Vail Ranch Shopping Center), 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 17th day of July, 2013.
John Telesio, Chairman
ATTEST:
Pa rick Richardson, Secretary
[SEAL] `�r_
� STATE" OF`CALIFORNIA )
COUNTY �.F RIVERSIDE )ss
CITY OF'TEMECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 13-33 was duly and regularly adopted
by the Planning Commission of the City of Temecula at a regular meeting thereof held
on the 17t" day of July, 2013, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Kight
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Patrick Richardson, Secretary
CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA13-0072
Project Description: A Major Modification for McDonald's Restaurant to enhance the
building exterior facades, change the exterior colors, reconfigure
the drive-thru facility, relocate a cellular telecommunication
facility, relocate the trash enclosure, and reduce parking spaces
for additional landscaped areas at 31853 Temecula Parkway (Vail
Ranch Shopping Center)
Assessor's Parcel No.: 961-080-007
MSHCP Category: Exempt (No New Square Footage/Grading)
DIF Category: Exempt (No New Square Footage)
TUMF Category: Exempt (No New Square Footage)
Quimby Category: Exempt (non-residential project)
Approval Date: July 17, 2013
Expiration Date: July 17, 2015
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 Fifty Dollars
($50.00) 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 Wildlife Section 711.4(c)).
General Requirements
PL-2. The applicant and owner of the real property subject to this condition shall hereby
agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel
of the City's own selection from any and all claims, actions, awards, judgments, or
proceedings against the City to attack, set aside, annul, or seek monetary damages
resulting, directly or indirectly, from any action in furtherance of and the approval of ,
the City, or any agency or instrumentality thereof, advisory agency, appeal board or
legislative body including actions approved by the voters of the City,,concerning the
Planning Application. The City shall be deemed for purposes of this condition, to
include any agency or instrumentality thereof, or any of its elected or appointed
officials, officers, employees, consultants, contractors, legal counsel, and agents.
City shall promptly notify both the applicant and landowner of any claim; action, or
proceeding to which this condition is applicable and shall further cooperate fully in
the defense of the action. The City reserves the right to take any and all action the
City deems to be in the best interest of the City and its citizens in regards to such
defense.
PL-3. The permittee shall obtain C'ity approval for any modifications or revisions to the
approval of this project.
PL-4. 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 years period, which is thereafter
diligently pursued to completion, or the beginning of substantial utilization
contemplated by this approval.
PL-5. The Planning Director may, upon an application being filed 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.
PL-6. A separate building permit shall be required for all signage.
PL-7. The development of the premises shall substantially conform to the approved site
plan and elevations contained on file with the Planning Department.
PL-8. Landscaping installed for the project shall be continuously maintained to the
reasonable satisfaction of the Planning Director. If it is determined that the
landscaping is not being maintained, the Planning Director shall have the authority
to require the property owner to bring the landscaping into conformance with the
approved landscape plan. The continued maintenance of all landscaped areas shall
be the responsibility of the developer or any successors in interest.
PL-9. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment,
fertilizers, landscape debris, and waste from entering the storm drain system or from
leaving the property. Spills and leaks must be cleaned up immediately. Do not
wash, maintain, or repair vehicles onsite. Do not hose down parking areas,
sidewalks, alleys, or gutters. Ensure that all materials and products stored outside
are protected from rain. Ensure all trash bins are covered at all times.
PL-10. The applicant shall paint a three-foot by three-foot section of the building for
Planning Department inspection, prior to commencing painting of the building.
PL-11. The applicant shall submit to the Planning Department for permanent filing two 8" X
10" glossy photographic color prints of the approved color and materials board and
the colored architectural elevations. All labels on the color and materials board and
Elevations shall be readable on the photographic prints.
PL-12. The Conditions of Approval specified in this resolution, to the extent specific items,
materials, equipment, techniques, finishes or similar matters are specified, shall be
deemed satisfied by staff's prior approval of the use or utilization of an item,
material, equipment, finish or technique that City staff determines to be the
substantial equivalent of that required by the Conditions of Approval. Staff may
elect to reject the request to substitute, in which case the real party in interest may
appeal, after payment of the regular cost of an appeal, the decision to the Planning
Commission for its decision.
MATERIAL COLOR
Main Wall "Desert View" (Benjamin Moore #108)
Accent Wall "Palm Desert" (Benjamin Moore#1123)
Accent Columns "Snow White" (Benjamin Moore#2122-
70)
Aluminum Trellis Uncoated aluminum
Metal Canopy Pantone (#123)
PL-13. Solid covered trash enclosures shall be provided to house all trash receptacles
utilized on the site. These shall be clearly labeled on site plan.
PL-14. If construction .is phased, a construction staging area plan or phasing plan for
construction equipment and trash shall be approved by the Planning Director.
PL-15. The applicant shall comply with their Statement of Operations dated March 27,
2013, on file with the Planning Department, unless superseded by these Conditions
of Approval.
PL-16. The developer shall contact the City's franchised solid waste hauler for disposal of
construction and demolition debris. Only the City's franchisee may haul demolition
and construction debris.
PL-17. All parkways, including within the right-of-way, entryway median, landscaping, walls,
fencing, and on-site lighting shall be maintained by the property owner or
maintenance association.
PL-18. The trash enclosures shall be large enough to accommodate a recycling bin, as well
as regular solid waste containers.
Prior to Issuance of Building Permit(s)
PL-19. The applicant shall submit a photometric plan, including the parking lot to the
Planning Department, which meets the requirements of the Development Code and
the Palomar Lighting Ordinance. The parking lot light standards shall be placed in
such a way as to not adversely impact the growth potential of the parking lot trees.
PL-20. All downspouts shall be internalized.
PL-21. Building Construction Plans shall include detailed outdoor areas (including but not
limited to trellises, decorative furniture, and hardscape) to match the style of the
building subject to the approval of the Planning Director.
PL-22. The developer shall provide the Planning Department verification of arrangements
made with the City's franchise solid waste hauler for disposal of construction and .
demolition debris.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
PL-23. The applicant shall be required to screen all loading areas and roof mounted
mechanical equipment from view of the adjacent residences and public right-of-
ways. If upon final inspection it is determined that any mechanical equipment, roof
equipment or backs of building parapet walls are visible from any portion of the
public right-of-way adjacent to the project site, the developer shall provide screening
by constructing a sloping tile covered mansard roof element or other screening
reviewed and approved by the Planning Director.
PL-24. All required landscape planting and irrigation shall have been installed consistent
with the approved construction plans and shall be in a condition acceptable to the
Planning Director. The plants shall be healthy and free of weeds, disease, or pests.
The irrigation system shall be properly constructed and in good working order.
PL-25. Performance securities, in amounts to be determined by the Planning Director, to
guarantee the maintenance of the plantings in accordance with the approved
construction landscape and irrigation plan shall be filed with the Planning
Department for a period of one year from final Certificate of Occupancy. After that
year, if the landscaping and irrigation system have been maintained in a condition
satisfactory to the Planning Director, the bond shall be released.upon request by the
applicant.
PL-26. Each parking space reserved for the handicapped shall be identified by a
permanently affixed reflectorized sign constructed of porcelain on steel, beaded text
or equal, displaying the International Symbol of Accessibility. The sign shall not be
smaller than 70 square inches in area and shall be centered at the interior end of
the parking space at a minimum height of 80 inches from the bottom of the sign to
the parking space finished grade, or centered at a minimum height of 36 inches from
the parking space finished grade, ground, or sidewalk. A sign shall also be posted
in a conspicuous place, at each entrance to the off-street parking facility, not less
than 17 inches by 22 inches, clearly and conspicuously stating the following:
"Unauthorized vehicles parked in designated accessible
spaces not displaying distinguishing placards or license
plates issued for persons with disabilities may be towed �
away at owner's expense. Towed vehicles may be
reclaimed by telephoning (951) 696-3000.°
PL-27. In addition to the above requirements, the surface of each parking place shall have
a surface identification sign duplicating the Symbol of Accessibility in blue paint of at
least three square feet in size.
PL-28. All site improvements including but not limited to parking areas and striping shall be
installed.
PL-29. All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
BUILDING AND SAFETY DEPARTMENT
General Conditions
B-1. Final Building and Safety conditions will be addressed when building plans are
reviewed and submitted to Building and Safety. These conditions will be based on
occupancy, use, the California Building Code (CBC), and related codes which are in
force at the time of building plan submittal.
B-2. All design components shall comply with applicable provisions of the 2010 edition of
the California Building, Plumbing and Mechanical Codes; 2010 California Electrical
Code; California Administrative Code,2010 California Energy Codes, 2010 California
Green building Standards, California Title 24 Disabled Access Regulations,
Temecula Municipal Code.
B-3. 2010 California Green Building Standards Provide 10% Voluntary Measures on
. project.
B-4. Provide details of all applicable disabled access provisions and building setbacks on
plans.
B-5. Provide van accessible parking located as close as possible to the main entry.
B-6. Show path of accessibility from parking to furthest point of improvement.
B-7. Show path of travel from public right way to all public areas on site ( club house,
� trash enclose tot lots and picnic areas
B-8. Submit at time of plan review, a complete exterior site lighting plan showing
compliance with Ordinance Number 655 for the regulation of light pollution. All
streetlights 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
aimed not to shine directly upon adjoining property or public rights-of-way.
B-9. A receipt or clearance letter from the Temecula Valley School District shall be
submitted to the Building and Safety Department to ensure the payment or
exemption from School Mitigation Fees.
B-10. Obtain all building plans and permit approvals prior to commencement of any
construction work.
B-11. Trash enclosures, patio covers, light standards, and any-block walls will require
' separate approvals and permits.
B-12. Signage shall be posted conspicuously at the entrance to the project that indicates
the hours of construction, as.allowed by the City of Temecula Municipal Ordinance
9.20.060, for any site within one-quarter mile of an occupied residence. The
permitted hours of construction are Monday through Friday from 7:00 a.m. to 6:30
p.m., and Safurday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays
and nationally recognized Government Holidays.
B-13. The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a
Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This
project is subject to payment of these fees at the time of building permit issuance.
The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal
Code and the fee schedule in effect at the time of building permit issuance.
B-14. Provide an approved automatic fire sprinkler system.
B-15. Provide a house electrical meter to provide power for the operation of exterior
lighting, irrigation pedestals and fire alarm systems for each building on the site.
Developments with single user buildings shall clearly show on the plans how the
operation of exterior lighting and fire alarm systems when a house meter is not
specifically proposed.
At Plan Review Submittal
B-16. Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan applicable to scope of work for plan review.
B-17. Provide a Sound Transmission Control Study in accordance with the provisions of
the Section 1207, of th.e 2010 edition of the California Building Code.
B-18. Provide precise grading plan to verify accessibility for persons with disabilities.
B-19. Provide truss calculations that have been stamped by the engineer of record of the
building and the truss manufacturer engineer.
Prior to Issuance of Building Permit(s)
. B-20. Provide appropriate stamp of a registered professional with original signature on
plans. �
Prior to Beginning of Construction
B-21. A pre-construction meeting is required with the building inspector prior to the start of
the building construction.
POLICE DEPARTMENT
General Requirements
PD-1. Applicant shall ensure any landscaping surrounding buildings is kept at a height of
no more than three feet or below the ground floor window sills. Plants, hedges and
shrubbery shall be defensible plants to prevent would-be intruders from breaking
into the buildings utilizing lower level windows.
PD-2. Applicant shall ensure any trees surrounding building rooftops be kept at a distance
to prevent roof accessibility by would-be burglars. Since trees also act as a natural
ladder, the branches must be pruned to have a six-foot clearance from the buildings.
PD-3. Any berms shall not exceed three feet in height.
PD-4. All parking lot lighting shall be energy saving and minimized after hours of darkness
and in compliance with Title 24, Part 6, of the California Code of Regulations.
PD-5. All exterior lighting shall be in compliance with Riverside Mount Palomar Lighting
Ordinance 655, low pressure sodium lighting preferred.
PD-6. All exterior doors shall have a vandal resistant light fixture installed above the door.
The doors shall be illuminated with a minimum one-foot candle illumination at
ground level, evenly dispersed.
PD-7. All lighting affixed to the exterior of buildings less than 8 feet high shall be vandal
resistant.
PD-8. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware
shall be commercial or institution grade.
PD-9. Any graffiti painted or marked upon the buildings must be removed or painted over
within 24 hours of being discovered. Report all such crimes to the Temecula Police
24-hour dispatch Center at (951) 696-HELP.
PD-10. Upon completion of construction, each building or business shall have an alarm
system that is monitored by a designated private alarm company to notify the
Temecula Police Department of any intrusion. All multi-tenant
offices/suites/businesses located within a specific building shall each have their own
alarm system. This condition is not applicable if the business is open 24/7.
PD-11. Any roof hatches shall be painted "International Orange."
PD-12. Any public telephones located on the exterior of the buildings shall be placed in a
well-lit, highly visible area, and installed with a "call-out only" feature to deter
loitering. This feature is not required for public telephones installed within the
interior of the buildings.
PD-13. All disabled parking stalls on the premises shall be marked in accordance with
Section 22511.8 of the California Vehicle Code.
PD-14. Penal Code Section 490.5 affords merchants the opportunity to recover their losses
through a civil demand program. The text of this section of the penal code can be
found at: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-
01000&file=484-502.9
PD-15. Employee training regarding credit cards, theft, citizens' arrest procedures, personal
safety, business security or any other related crime prevention subject is available
free of charge through the Crime Prevention Unit. To schedule an appointment call
(951) 506-5131.
PD-16. The Crime Prevention and Plans Unit of the Temecula Police Department offers free
business security surveys, to schedule an appointment contact the unit at (951) 506-
5131.
PD-17. The Temecula Police Department affords all retailers the opportunity to participate in
the "Inkless Ink Program." At a minimal cost for inkless inkpads, retailers can take a
thumbprint of every customer using a personal check to pay for goods or services.
A decal is also posted on the front entry of the business advising customers of the
"Inkless Ink Program" in use. If the business becomes a victim of check fraud, the
Police Department will be able to track the suspect with the thumbprint.
PD-18. Crime prevention through environmental design as developed by the Nat'ional Crime
Prevention Institute (NCPI) supports the concept that "the proper design and
effective use of the built environment can lead to a reduction in the fear and
incidence of crime and an improvement in the quality of life." The nine primary
strategies that support this concept are included below:
a. Provide clear border definition of controlled space. Examples of border
definition may include fences, shrubbery or signs in exterior areas. Within a
building, the arrangement of furniture and color definition can serve as a means
of identifying controlled space.
b. Provide clearly marked transitional zones. Persons need to be able to identify
when they are moving from public to semi-public to private space.
c. Gathering or congregating areas to be located or designated in locations where
there is good surveillance and access control.
• d. Place safe activities in unsafe locations. Safe activities attract normal users to a
location and subsequently render the location less attractive to abnormal users
due to observation and possible intervention.
e. Place unsafe activities in safe locations. Placing unsafe activities in areas of
natural surveillance or controlled access will help overcome risk and make the
users of the areas feel safer:
f. Redesign the use of space to provide natural barriers. Separate activities that
may conflict with each other (outdoor basketball court and children's play area,
for example) by distance, natural terrain or other functions to avoid such conflict.
, g. Improve scheduling of space. The timing in the use of space can reduce the risk
for normal users and cause abnormal users to be of greater ri.sk of surveillance
and intervention:
h. Redesign space to increase the perception of natural surveillance. Abnormal
users need to be aware of the risk of detection and possible intervention.
Windows and clear lines-of-sight serve to provide such a perception of
surveillance.
i: Overcome distance and isolation. This strategy may be accomplished through
improved communications (portable two-way radios, for example) and design
_ efficiencies, such as the location of restrooms in a public building.
PD-19. Any questions regarding these conditions should be directed to the Temecula Police
Department Crime Prevention and Plans Unit at (951) 506-5131.
PUBLIC WORKS DEPARTMENT
No conditions
FIRE PREVENTION
No conditions