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HomeMy WebLinkAbout13-046 PC Resolution PC RESOLUTION NO. 13-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0143, A CONDITIONAL USE PERMIT TO ALLOW NAVY FEDERAL CREDIT UNION TO _CONSTRUCT AND OPERATE A DRIVE-THRU FACILITY FOR THE PROPOSED CREDIT UNION STRUCTURE, LOCATED APPROXIMATELY 150 FEET SOUTH OF TEMECULA PARKWAY, ON THE WEST SIDE OF JEDEDIAH SMITH ROAD (APN 961-410-008) (RELATED APPLICATION PA12-0142 DEVELOPMENT PLAN) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 24, 2012, Paul A. Peck filed Planning Application No. PA12- 0143, a Conditional Use Permit 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 December 18, 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. PA12-0143 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: Conditional Use Permit Code Section 17.04.010.E 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 use will allow the Navy Federal Credit Union to construct and operate a drive-thru facility. Per Section 17.08.030 (Use Regulations) of the Municipal Code, drive-ins for Banks and Financial Institutions, require the approval of a Minor Conditional Use Permit. The applicant is requesting to operate a drive-thru as part of the daily business operations consisting of three Automatic Teller Machines. The proposed use, as conditioned, will comply with applicable provisions of the Temecula General Plan, State law, and other Ordinances of the City. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed drive-thru has been designed to allow for approximately 9 vehicles to be queued within the drive-thru and remain outside of the driveway and drive- aisles. The applicant has worked to minimize the congestion on-site by proving adequate queuing and circulation on-site. As conditioned, the use will be compatible with the nature, condition and development of the adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The applicant is proposing to operate a drive-thru facility as an ancillary use for the Navy Federal Credit Union. The project site is 1.99 acres with proposed building lot coverage of 6%. The drive-thru is situated along the west and south sides of the building and provides adequate setbacks and extensive landscaping to screen the drive-thru. The site will remain adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project meets all requirements of the Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. E. That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of/the record as a whole before the Planning Commission or City Council on appeal. That the decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. An Initial Study was prepared for the project in an effort to further evaluate if the project would generate any potentially significant impacts to the environment. This document was circulated for public review on August 12, 2013. The results of the Initial Study show environmental impacts for the project are all less than significant with the mitigation proposed in the Mitigation Monitoring Program developed for the project. B. Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Conditional Use Permit Application, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. C. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on August 12, 2013, and expired on August 31, 2013. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, located at City Hall, 4100. Main Street, Temecula, California 92590. D. One written comment was received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. E. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the December 18, 2013 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment, and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. F. Based on the findings set forth in the Resolution, the Planning Commission hereby adopts the Mitigated Negative Declaration prepared for this project. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA12-0143, a Conditional Use Permit to allow Navy Federal Credit Union to construct and operate a three lane drive-thru as part of a proposed banking structure located at the southwest corner of Temecula Parkway and Jedediah Smith Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 18th day of December, 2013. tanley'Harter, irman ATTEST: Armando G. Villa, AI P Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Armando G. Villa, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No.13-46 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 December, 2013, 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 Arma G. Villa, AICP Secretary EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA12-0143 Project Description: A Conditional Use Permit to allow Navy Federal Credit Union to construct and operate a drive-thru facility for the proposed credit union structure, located approximately 150 feet south of Temecula Parkway, on the west side of Jedediah Smith Road Assessor's Parcel No.: 961-410-008 MSHCP Category: Commercial DIF Category: Service Commercial TUMF Category: Service Commercial/Office Quimby Category: Exempt (non-residential project) Approval Date: December 18, 2013 Expiration Date: December 18, 2015 PLANNING DEPARTMENT General Requirements PL-1. 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-2. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-3. 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, or use of a property in conformance with a Conditional Use Permit. PL-4. 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-5. A separate building permit shall be required for all signage. PL-6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. Prior to Issuance of Grading Permit(s) PL-7. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Planning Director at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." PL-8. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. PL-9. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. PL-10. A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. PL-11. Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer. PL-12. The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition. PL-13. All sacred sites are to be avoided and preserved. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-14. 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-15. 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-16. All site improvements including but not limited to parking areas and striping shall be installed. PL-17. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DIVISION No conditions FIRE PREVENTION No conditions POLICE DEPARTMENT No conditions PUBLIC WORKS DEPARTMENT No conditions