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HomeMy WebLinkAbout17-34 PC Resolution PC RESOLUTION NO. 17-34 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 MINOR EXCEPTION APPLICATION TO ALLOW FOR AN INCREASE IN CONNECTION WITH THE TRUAX PARKING GARAGE (APNS: 922-044-017, 922-044-020)" (PA17-1020) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, a Specific Plan Amendment. On June 30, 2017, Ross Jackson on behalf of the Truax Group, submitted Planning Application PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The Project also includes a Minor Exception to increase the allowable building height for a parking garage that will be constructed across the street from the hotel. C. 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. D. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. § 14000, et seq.), the City is the lead agency for the Project. E. The Old Town Specific Plan was amended in 2010. An Environmental Impact Report was prepared and certified at a public hearing as part of the amendment process. F. A Subsequent Environmental Impact Report (SEIR), 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 SEIR as required by law. The public comment period commenced via the State Clearing House from May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2017 through June 15, 2017. The Notice of Availability was also printed in the San Diego Union Tribune, a newspaper of general circulation within the City of Temecula. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, 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. G. On August 16, 2017, the Planning Commission considered the Final Subsequent Environmental Impact Report ("SEIR"), Planning Application Nos. PA17-0109, Specific Plan Amendment; PA16-0270, Minor Exception, and Development Plan; PA17- 1020, 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. H. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. 17-31, "A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044- 020." Resolution No. 17-31 and the findings therein are hereby incorporated by this reference as set forth therein. I. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of Minor Exception application PA17-1020, pursuant to Temecula Municipal Code section 17.03-060 hereby finds, determines and declares: A. That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property; The property increases in slope between Old Town Front Street and Mercedes Street. This slope makes it difficult to design a parking garage with the appropriate maneuverability for vehicles. The additional 15% of building height permitted by the Minor Exception will allow enough extra space to ensure all design requirements are met in an aesthetically compatible manner. B. 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 persons located in the vicinity; The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties. The Minor Exception is not anticipated to be detrimental to the public welfare or to the property of other persons located in the vicinity. This is because the Minor Exception will simply allow for an increase in height of 7'-5" for architectural elements of the parking structure. Lowering the structure to the height required by the Specific Plan will create elevations that are aesthetically substandard. C. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. The Minor Exception is part of a series of applications designed to allow for the construction of a full-service hotel and corresponding parking garage. A SEIR has also been prepared for the project. The conditions of approval and Mitigation Monitoring and Reporting Program will provide suitable conditions and mitigation for the project that will protect surrounding properties. Section 3. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MINOR EXCEPTION APPLICATION TO ALLOW FOR AN INCREASE IN BUILDING HEIGHT FOR A PARKING GARAGE IN CONNECTION WITH THE TRUAX HOTEL PROJECT,' subject to the conditions of approval, in substantially the same form attached to this Resolution as Exhibit "A", and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16th day of August, 2017. John Telesio, Chairperson ATTEST: L e Watson 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. 17-34 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of August, 2017, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts, Youmans NOES: 0 PLANNING COMMISSIONERS None ABSENT: 0 PLANNING COMMISSIONERS None 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 MINOR EXCEPTION APPLICATION TO ALLOW FOR AN INCREASE IN BUILDING HEIGHT FOR A PARKING GARAGE IN CONNECTION WITH THE TRUAX HOTEL PROJECT (APN: 922-044-017, 922-044-020) (PA17-1020) 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 February 22, 2016, Chris Campbell of Walter R. Allen Architect + Associates filed Planning Application No. PA16-0270, a Development Plan. On January 23, 2017, Gary Thornhill, on behalf of the Truax Group submitted Planning Application No. PA17-0109, a Specific Plan Amendment. On June 30, 2017, Ross Jackson on behalf of the Truax Group, submitted Planning Application PA17-1020, a Minor Exception. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. Collectively, the Project consists of a relocation of a portion of the existing Hotel Overlay contained within the Old Town Specific Plan to allow for the development of a full service hotel. The Project also includes a Minor Exception to allow for an increase in allowable building height for a parking structure that will be constructed across the street from the hotel. C. 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. D. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. § 14000, et seq.), the City is the lead agency for the Project. E. The Old Town Specific Plan was amended in 2010. An Environmental Impact Report was prepared and certified at a public hearing as part of the amendment process. F. A Subsequent Environmental Impact Report (SEIR), 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 SEIR as required by law. The public comment period commenced via the State Clearing House from May 2, 2017 through June 15, 2017. A Notice of Availability was also sent to adjacent property owners indicating a review period of May 2, 2017 through June 15, 2017. The Notice of Availability was also printed in the San Diego Union Tribune, a newspaper of general circulation within the City of Temecula. Copies of the documents have been available for public review and inspection at the offices of the Community Development Department, 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. G. On August 16, 2017, the Planning Commission considered the Final Subsequent Environmental Impact Report (SEIR) Planning Application Nos. PA17- 0109, Specific Plan Amendment; PA17-1020, Minor Exception; and PA16-0270, Development Plan; 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. H. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. "A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922-043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044- 020.". I. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission adopted Resolution No. , "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 MINOR EXCEPTION APPLICATION TO ALLOW FOR AN INCREASE IN BUILDING HEIGHT FOR A PARKING GARAGE IN CONNCECTION WITH THE TRUAX HOTEL PROJECT. (APN: 922-044-017, 922-044-020)" J. On _ the City Council of the City of Temecula considered the Project and the Final SEIR, 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 City Council considered all the testimony and any comments received regarding the Project and the Final SEIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prior to and at the public hearing. K. Following the public hearing, the Council adopted Resolution No. 17- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TRUAX HOTEL PROJECT, CONSISTING OF APPROXIMATELY 2.46 ACRES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS: 922- 043-002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922- 043-023, 922-043-025, 922-044-017, AND 922-044-020)." Resolution No. 17- and the findings therein are hereby incorporated by this reference as set forth in full. L. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Minor Exception, pursuant to Temecula Municipal Code Section, 17.03.060, hereby finds, determines and declares that: A. That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property; The property increases in slope between Old Town Front Street and Mercedes Street. This slope makes it difficult to design a parking garage with the appropriate maneuverability for vehicles. The additional 15% of building height permitted by the Minor Exception will allow enough extra space to ensure all design requirements are met in an aesthetically compatible manner. B. 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 persons located in the vicinity; The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties. The Minor Exception is not anticipated to be detrimental to the Public welfare or to the property of other persons located in the vicinity. This is because the Minor Exception will simply allow for an increase in height of 7'-5" for architectural elements of the parking structure. Lowering the structure to the height required by the Specific Plan will create elevations that are aesthetically substandard. C. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. The Minor Exception is part of a series of applications designed to allow for the construction of a full-service hotel and corresponding parking garage. A SEIR has also been prepared for the project. The conditions of approval and Mitigation Monitoring and Reporting Program will provide suitable conditions and mitigation for the project that will protect surrounding properties. Section 3. Conditions of Approval. The City Council of the City of Temecula approves Planning Application No. PA17-1020, a Minor Exception to allow for an increase in building height for the parking garage, subject to the Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution and shall cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Maryann Edwards, 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 EXHIBIT A EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA17-1020 Project Description: Truax Hotel Parking Structure Minor Exception:A Minor Exception to allow for a height increase for the Truax Hotel parking garage (APN: 922-044-017). Assessor's Parcel No.: 922-044-017 MSHCP Category: Commercial DIF Category: Service Commercial for Hotel / Retail Commercial for Retail / Restaurant TUMF Category: Service Commercial-Hotel / Retail Commercial for Retail / Restaurant Quimby Category: Non-Residential Project New Street In-lieu of Fee: Not Located within the Uptown Specific Plan 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 cashier's check or money order made payable to the County Clerk in the amount of Three Thousand One Hundred and Twenty-eight Dollars and Zero Cents ($3,128.00) which includes the Three Thousand and Seventy-eight Dollars and Zero Cents ($3,078.00) 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 three 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 three-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 up to five extensions of time, one year at a time. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). 6. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 2017011029. 7. 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. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project.