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HomeMy WebLinkAbout18-12 PC Resolution PC RESOLUTION NO. 18-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-1447, A MODIFICATION TO A DEVELOPMENT PLAN TO MODIFY THE EXISTING TRANSIT FACILITY TO EXPAND THE TRANSIT LANE AREA (NEAR THE EAST PARKING STRUCTURE) TO APPROXIMATELY 340 FEET, REVISE THE ADJACENT LANDSCAPING, EXTEND SIDEWALKS, ALTER EXTERIOR PARKING GARAGE ELEVATIONS, AND ADD A NEW SHUTTLE TURNOUT (NEAR THE NORTH SIDE OF THE WEST PARKING GARAGE) AT THE PROMENADE MALL LOCATED AT 40780 WINCHESTER ROADAND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 910-420-007, 910-420-020, 910-420-027 AND 910-420-031) Section 1: Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 11, 1994, the City Council approved the Temecula Regional Center Specific Plan (SP No. 263). B. On June 6, 2001, the Planning Commission approved Planning Application No. PA01-0204 (Macy's Wing and Macy's Women's Department Store). C. On April 20, 2016, the Planning Commission approved Planning Application No. PA15-1807 (Open-air Renovation) D. On October 5, 2017, Lauren Young with Kimley-Horn filed Planning Application No. PA17-1447, a Modification Application to a Development Plan in a manner in accord with the City of Temecula General Plan and Development Code. E. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. F. The Planning Commission, at a regular meeting, considered the Application and environmental review on April 18, 2018, 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. G. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA17-1447 subject to and based upon the findings set forth hereunder. H. 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: Development Plan (Code Section 17.05.010.F) 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; As conditioned, the proposal is consistent with the General Plan land use policies for Community Commercial (CC) development in the City of Temecula General Plan and the Retail Core designation in the Temecula Regional Center Specific Plan. The General Plan Land Use Goal 2 states, "Successful, high quality mixed use development projects containing a mix of residential/commercial/office, and civic land uses, supported by alternative modes of transportation." The expanded transit facility will allow for the increase in alternative modes of transportation. The Temecula Regional Center Specific Plan explicitly permits stations (bus, light rail, trolley and taxi). B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. 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. The project will require building permits that will be reviewed against current building, fire, and other city specific standards. Section 3 . Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan 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 15303, Class 3, New Construction or Conversion of Small Structures); Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The proposed project includes the construction of a limited number of new facilities and structures. Minor modifications are proposed to the exterior the parking garage structure (awnings, landscape screens, and bike racks) and include small accessory structures, and no more than 10,000 square feet of floor area that does not include significant amounts of hazard materials. No interior improvements are proposed. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA17-1447, A Modification to a Development Plan for the existing transit facility to expand the transit lane area (near the east parking structure) to approximately 340 feet, revise the adjacent landscaping, extend sidewalks, alter exterior parking garage elevations, and add a new shuttle turnout (near the north side of the west parking garage) at the Promenade Mall located at 40780 Winchester Road 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 18th day of April, 18� � I Gary Youmans, Chairman ATTEST: uke 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. 18-12 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 April, 2018, 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 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA17-1447 Project Description: A Modification to a Development Plan to modify an existing transit facility to expand the transit lane area (near the east parking structure) to approximately 340 feet, revise the adjacent landscaping, extend sidewalks, alter exterior parking garage elevations, and add a new shuttle turnout (near the north side of the west parking garage) at the Promenade Mall located at 40780 Winchester Road Assessor's Parcel No.: 910-420-027 910-420-020 910-420-031 910-420-007 MSHCP Category: Exempt: Development on previously approved area DIF Category: N/A(no new square footage) TUMF Category: N/A(no new square footage) Quimby Category: N/A(non-residential) New Street In-lieu of Fee: N/A(not located within the Uptown Temecula Specific Plan) Approval Date: April 18, 2018 Expiration Date: April 18, 2021 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. 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 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 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 a time extension of 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. 7. 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. Fin Signage. A sign program amendment shall be required for any new signage. This includes the decorative fins attached to the parking structure. 8. Signage Permits. A separate building permit shall be required for all signage. 9. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development 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. 10. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 11. Water Quality and Drainage. 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. To ensure compliance with this Condition of Approval.- a. pproval:a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 12. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 13. Previous Conditions of Approval. All previous Conditions of Approval from PA01-0204, PA15-1807, and shall remain in full effect unless superseded herein. 14. 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. Prior to Issuance of Building Permit 15. Photometric Plan. The applicant shall submit a photometric plan, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655.All exterior LED light fixtures shall be 3,000 kelvin or below. This includes lighting for the decorative fin signs. Decorative fin lighting shall turn-off no later than 10 p.m. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 16. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 17. Bike Racks. All bike racks shall be installed prior to the issuance of the certificate of occupancy. Outside Agencies 18. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated October 13, 2017, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 19. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 20. Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 21. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 22. Street Improvement Plans. The developer shall submit private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 23. Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10-year storm event and/or is not contained within the street right-of-way for the 100-year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. Prior to Issuance of a Grading Permit 24. Environmental Constraint Sheet(ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 25. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction-phase pollution-prevention controls to adequately address non-permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 26. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 27. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml 28. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project-specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance(O&M)Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.TemeculaCA.gov/WQM P 29. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. The creation of new cross lot drainage is not permitted. 30. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 10 and 100-year storm event for 24 hour storm duration peak flow) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. 31. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements)for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 32. Ingress/Egress Easement. The developer shall obtain an easement for ingress and egress over adjacent properties. The easement information shall be noted on the approved grading plan. 33. Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 34. Bus Bays. Bus bays shall be designed at all existing and proposed bus stops as directed by Riverside Transit Agency and approved by Public Works. Prior to Issuance of Encroachment Permit(s) 35. Improvement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by Public Works. 36. Street Trenchinq. All street trenches shall conform to City Standard No. 407; refer to the City's Paving Notes. BUILDING AND SAFETY DIVISION General Requirements 37. Final Building and Safety Conditions. 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 enforced at the time of building plan submittal. 38. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code,2016 California Energy Codes, 2016 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. 39. ADAAccess. Provide details of all applicable disabled access provisions and building setbacks on the plans to include: a.. Accessible path of travel thru-out improvements. 40. Obtain Approvals and Permits. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 41. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below. 42. Obtaining Separate Approvals and Permits. Shade structures, light standards, and any block walls will require separate approvals and permits. 43. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating 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 Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. Prior to Issuance of Grading Permit(s) 44. Sewer and Water Plan Approvals. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to the Building Division for review and approval. 45. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 46. Plans Require Stamp of Registered Professional. Provide appropriate stamp of a registered professional with original signature on the plans. FIRE PREVENTION General Requirements 47. Fire Hydrants. For any fire hydrants that need to be relocated, please coordinate those permits through Rancho California Water District and The Temecula Fire department. . Prior to Issuance of Grading Permit(s) 48. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). EASTERN MUNICIPAL WATER emwdD,,T,,CT November 6, 2017 City of Temecula 41000 Main Street Temecula, CA 92590 Dear Mr. Brandon Rabidou SUBJECT: PA 17-1447— Promenade Mall Transit Center: (north side of the west parking garage)at Promenade Mall - EMWD Coordinates 9D, File 10 This is in response to your letter dated October 13, 2017 and regarding the above mentioned project. After reviewing the exhibit submitted to Eastern Municipal Water District (EMWD), it appears that the proposed improvements noted are in potential conflict with our facilities. Please provide us with two sets of project plans at 50% for our review when they become available to assist us in making the determination of whether the work will be handled by EMWD forces or added as an alternate bid within your contract. EMWD has sewer easements in the proposed scope of work and would be the developing agency's responsibility to protect and or relocate all of EMWD facilities. The inspection of this work will be done by EMWD, and the enforcement of the work is to be done in accordance with the project contract and will be enforced through the City Inspector. If you have any questions, please do not hesitate to call me at (951) 928-3777 extension 4450 Sincerely Eli Rodr guez Principal Engineer Tech 11 Eastern Municipal Water District ERJcw 2270 Trumble Road • P.O.Box amo • Perris,CA 92572-8300 T 951.928.3777 • F 951.928.6177 emwd.org