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HomeMy WebLinkAbout16-35 PC Resolution PC RESOLUTION NO. 16-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SIGN PROGRAM FOR THE PROPOSED TEMECULA GATEWAY PROJECT GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170- 012) (PA15-0985)' Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21 , 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications (collectively "Project') were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project were 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 Project and environmental review on October 5, 2016, 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. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of Sign Program PA15-0985, hereby finds, determines and declares that: Sign Program application No. PA16-0090 is in consistent with the General Plan for the City of Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The proposed signs enhance the development, and are in harmony with, and visually related to: a. All of the signs included in the sign program. This shall be accomplished by incorporating several common design elements such as materials, letter style, colors, illumination, sign type or sign shape; b. The buildings and/or the developments they identify by utilizing materials, colors or design motifs included in the building being identified; and c. Surrounding development by not adversely affecting surrounding land uses or obscuring adjacent approved signs. The proposed signs utilize complementary colors, shapes and emblems and reflect the building designs. As such, the proposed signs are visually related to a) all of the signs included in the sign program and incorporate common design elements including materials, colors, sign type and sign shape; b) the buildings the signs identify; and c) the surrounding development since the proposed signs do not obscure adjacent approved signs. B. The sign program accommodates future revisions which may be required due to changes in building tenants. The proposed sign program can accommodate future revisions which may be required due to changes in building tenants. The buildings are designed for commercial uses and the sign program criteria will accommodate any future revisions due to changes in building tenants, which would be anticipated to continue to be commercial uses. C. The proposed sign program satisfies the intent of this chapter, in that the sign program complies with all the regulations of this chapter, except that flexibility is allowed with regard to sign area, number, location and height. Further, to the extent the sign program does not comply with the requirements of this chapter as to sign area, number, location and height, the proposed sign program enhances the development and more fully accomplishes the objectives of this chapter. The proposed sign program is consistent with the intent of the Municipal Code requirements for a sign program. The proposed Sign Program only allows deviation from the Development Code with regard to sign size. Section 3. Environmental Compliance Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Sign Program Application, PA15-0985: A. Pursuant to California Environmental Quality Act (CEQA), City staff determined an Environmental Impact Report (EIR) of the potential environmental effects of the approval of the Project, including the Sign Program Application would be necessary. B. On June 25, 2015, a Notice of Preparation was released to all agencies and persons that might be affected by the project. C. On July 22, 2015, a scoping session was held at which time City staff and interested persons had an opportunity to determine the extent of issues to be addressed in the Environmental Impact Report for the Project. D. Thereafter, the City contracted for the independent preparation of a Draft EIR for the Project, including all necessary technical studies and reports in support of the Draft EIR. The Draft EIR fully analyzed and disclosed the Project's potential impacts on the environment, proposed mitigation measures where appropriate to reduce potentially significant impacts to the extent possible, and evaluated potential alternatives to the Project. E. Thereafter, City staff circulated a Notice of Availability indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. The Notice of Availability was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590; the Ronald H. Roberts Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. F. Nine written comments were 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. G. On October 5, 2016, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the proposed Project and any comments received prior to or at the public hearing, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the proposed Project and the EIR. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the State CEQA Guidelines. The Planning Commission has reviewed and considered the Draft EIR and the Final EIR and, in the exercise of its independent judgment, recommends that the City Council certify the Final EIR, make appropriate environmental findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program for the Project. The Planning Commission further recommends that the mitigation measures set forth therein be made applicable to the Project. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Resolution approving Planning Application No. PA15-0985, a Sign Program for the proposed Temecula Gateway Project generally located on the northwest corner of La Paz Road and Temecula Parkway, in the form attached to this Resolution as Exhibit "A", subject to the Conditions of Approval set forth on Exhibit "B", attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of October, 2016. �n John Telesio, Vice Chairperson ATTEST: ZL L atson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16-35 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of October, 2016, by the following vote: AYES: 4 PLANNING COMMISSIONERS: TELESIO, TURLEY-TREJO, WATTS, YOUMANS NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 1 PLANNING COMMISSIONERS: GUERRIERO ABSTAIN: 0 PLANNING COMMISSIONERS: NONE Luke Watson Secretary EXHIBIT A CITY COUNCIL RESOLUTION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SIGN PROGRAM FOR THE PROPOSED GATEWAY TO TEMECULA PROJECT GENERALLY LOCATED ON THE NORTHWEST CORNER OF LA PAZ ROAD AND TEMECULA PARKWAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170- 012) (PA15-0985) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014, Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility. On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14- 2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a Development Plan. These applications were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. C. An Environmental Impact Report (EIR), Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a Notice of Completion indicating the public comment period and intent to adopt the EIR as required by law. The public comment period commenced via the State Clearing House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent to adjacent property owners indicating a review period of May 31, 2016 through July 14, 2016. Copies of the documents have been available to public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road; Temecula Grace Mellman Community Library located 41000 County Center Drive; and the City of Temecula website. ZMAGENDA MANAGER\Planning Commission Items\2016\100516\Gateway\12a-City Council Resolution Sign Program(PA15-0985).docx D. On October 5, 2016, the Planning Commission considered Planning Application Nos. PA14-0167, a Zone Change and Planned Development Overlay; PA14-2708, a Tentative Parcel Map; PA14-2707, a Development Plan; PA14-2709, a Conditional Use Permit for a gas station; PA14-2710, a Conditional Use Permit for a drive-thru facility; PA15-0985, a Sign Program; PA16-0090, a Development Plan; PA14- 2858, a General Plan Amendment, and the final Environmental Impact Report ("EIR"), 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 of or opposition to this matter.. E. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 16- recommending that the City Council certify the Final Environmental Impact Report for the Project, adopt a Statement of Overriding Considerations, and approve a Mitigation Monitoring Program for the Project. F. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 16- , a Resolution of the City Council of the City of Temecula approving a Sign Program for the proposed Gateway to Temecula project generally located on the northwest corner of La Paz Road and Temecula Parkway (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PA15-0985). G. On _, the City Council of the City of Temecula considered the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. H. Following the public hearing, the Council adopted Resolution No. 16- adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. I. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving a sign program for the Project generally located on the northwest corner of La Paz Road and Temecula Parkway (PA15-0985), pursuant to Temecula Municipal Code Section 17.28.080, hereby finds, determines and declares that: A. The proposed signs enhance the development, and are in harmony with, and visually related to: a. All of the signs included in the sign program. This shall be accomplished by incorporating several common design elements such as materials, Z:\1AGENDA MANAGER\Planning Commission Items\2016\100516\Gateway\12a-City Council Resolution Sign Program(PA15-0985).docx letter style, colors, illumination, sign type or sign shape; b. The buildings and/or the developments they identify by utilizing materials, colors or design motifs included in the building being identified; and c. Surrounding development by not adversely affecting surrounding land uses or obscuring adjacent approved signs. The proposed signs utilize complementary colors, shapes and emblems and reflect the building designs. As such, the proposed signs are visually related to a) all of the signs included in the sign program and incorporate common design elements including materials, colors, sign type and sign shape; b) the buildings the signs identify,- and c) the surrounding development since the proposed signs do not obscure adjacent approved signs. B. The sign program accommodates future revisions which may be required due to changes in building tenants. The proposed sign program can accommodate future revisions which may be required due to changes in building tenants. The buildings are designed for commercial uses and the sign program criteria will accommodate any future revisions due to changes in building tenants, which would be anticipated to continue to be commercial uses. C. The proposed sign program satisfies the intent of this chapter, in that the sign program complies with all the regulations of this chapter, except that flexibility is allowed with regard to sign area, number, location and height. Further, to the extent the sign program does not comply with the requirements of this chapter as to sign area, number, location and height, the proposed sign program enhances the development and more fully accomplishes the objectives of this chapter. The proposed sign program is consistent with the intent of the Municipal Code requirements for a sign program. The proposed Sign Program amendment only allows deviation from the Development Code with regard to sign size. Section 3. Conditions of Approval. The City Council of the City of Temecula hereby approves Planning Application No. PA15-0985, a Sign Program, attached as Exhibit A and incorporated herein by this reference, for the proposed Gateway to Temecula Project generally located on the northwest corner of La Paz Road and Temecula Parkway (APNs 922-170-014, 922-170-015, 922-170-013, AND 922-170- 012) , subject to the Conditions of Approval set forth on Exhibit B, attached hereto, and incorporated herein by this reference. Section 4. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. Z:\1AGENDA MANAGER\Planning Commission Items\2016\100516\Gateway\12a-City Council Resolution Sign Program(PA15-0985).docx PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this_day of Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Z:\1AGENDA MANAGER\Planning Commission Items\2016\100516\Gateway\12a-City Council Resolution Sign Program(PA15-0985).docx EXHIBIT B CONDITIONS OF APPROVAL EXHIBIT B CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA15-0985 Project Description: Temecula Gateway - Sign Program: A sign Program for the proposed Temecula Gateway Project generally located on the northwest corner of La Paz and Temecula Parkway Assessor's Parcel No.: 922-170-013 922-170-014 922-170-015 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Quimby Category: Retail Commercial Approval Date: Expiration Date: PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Three Thousand One Hundred and Twenty Hundred Dollars and Zero Cents ($3,120.00) which includes the Three Thousand and Seventy Dollars and Zero Cents($3,070.00)fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars($50.00)County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. If within said 48-hour period the applicant/developer has not delivered to the Planning Division the check as required above,the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 3. Expiration. This approval shall be used within 2 years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the 2 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. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant 5 extensions of time, one year at a time. 5. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the prepared EIR (SCH # 2015061086, September 2016). 6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 7. Signage Permits. A separate building permit shall be required for all signage. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Previous Conditions of Approval. All previous Conditions of Approval from PA14-2707 & PA16-0090 shall remain in full effect unless superseded herein. 10. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 11. Rooftop Signs. Rooftop signs are not permitted. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 12. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit.