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HomeMy WebLinkAbout18-22 PC ResolutionPC RESOLUTION NO. 18-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0209, A MODIFICATION TO THE EXISTING SEARS BUILDING'S EXTERIOR ELEVATIONS INCLUDING NEW PAINT SCHEMES, A TILE WAINSCOT, NEW ARCHITECTURAL ELEMENTS, MATERIALS AND REDESIGNED ENTRY FOR A PROPOSED ROUND1 INDOOR ENTERTAINMENT FACILITY AND RESTAURANT ON THE LOWER LEVEL OF THE EXISTING BUILDING AT 40710 WINCHESTER ROAD (APN 910-420-029) AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). 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) and Environmental Impact Report No. 340 with associated Mitigation Measures. B. On July 7, 1997 the Planning Commission approved Planning Application No. PA17-0118 for the design and construction of a 1,079,846 square foot mall (including the 111,000 Sears store). C. On February 2, 2018, Maria Estrada -Nino filed Planning Application No. PA18-0209, a Modification to a Development Plan, in a manner in accord with the City of Temecula General Plan and Development Code. D. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. E. The Planning Commission, at a regular meeting, considered the Application and environmental review on September 5, 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. F. At the conclusion of the Planning Commission's Hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA18-0209 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA18-0209 conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Planning Commission, in approving Planning Application No. PA18-0209 hereby makes the following findings as required by Section 17.05.030.E (Modifications) of the Temecula Municipal Code: 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 proposed Modification to the Development Plan is consistent with the General Plan policies for the Community Commercial (CC) land use designation and is consistent with the requirements of the Temecula Regional Center Specific Plan (SP- 7), Planning Area 2. Specifically, Policy 2.9 of the Community Design element of the General Plan states, "Establish rehabilitation programs for older commercial centers to prevent blight and maintain the quality of the built environment." The proposed project will significantly rehabilitate a portion of an existing commercial center with private funds. The site is properly planned and zoned and is physically suitable for the use proposed. The project is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. As conditioned, the project will meet all requirements of the Development Code, General Plan, and Building and Fire Codes, which provide safeguards for the health, safety and general welfare of the community. The overall design of the site, building, landscaping, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working in and around the site. The project has been reviewed for and 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 protection of the public health, safety, and welfare. For example, the project will include updated ramps, railings, parking stalls and sidewalk improvements to comply with ADA regulations which will provide safeguards for the health, safety and general welfare of the community. Additionally, the trash enclosures will now be covered which will ensure that water quality issues are addressed. 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 proposed Modification to the Development Plan involves minor interior and exterior alterations of an existing building involving negligible expansion of use. Section 4. Conditions. The Planning Commission of the City of Temecula hereby approves Planning Application No. PA18-0209, a Modification to allow for a the existing Sears building's exterior elevations including new paint schemes, a tile wainscot, new architectural elements, materials and redesigned entry for a proposed Round1 indoor entertainment facility and restaurant on the lower level of the existing building at 40710 Winchester Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 2 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of September, 2018. ATTEST: ZE / 4��4 Luke 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. 18-22 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 September, 2018, by the following vote: AYES: 5 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSENT: 0 PLANNING COMMISSIONERS ABSTAIN: 0 PLANNING COMMISSIONERS Guerriero, Telesio, Turley-Trejo, Youmans, Watts None None None ?S:�44� Luke Watson, Secretary 3 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA18-0209 Project Description: Sears/Round1 Facade MOD: a Modification to a Development Plan to an existing Sears building's exterior elevations including new paint schemes, a tile wainscot, new architectural elements, materials and redesigned entry for a proposed Round1 indoor entertainment facility and restaurant on the lower level of the existing building at 40710 Winchester Road. Assessor's Parcel No.: 910-420-029 MSHCP Category: N/A (No New Grading/Square Footage) DIF Category: N/A (No New Square Footage) TUMF Category: N/A (No New Square Footage) Quimby Category: N/A (Not a Residential Project) New Street In -lieu of Fee: N/A (Not Located Within the Uptown Temecula Specific Plan) PLANNING DIVISION General Requirements 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. 2. 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 Modification. 3. 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 three extensions of time, one year at a time. 4. 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. 5. Signage Permits. A separate building permit shall be required for all signage. 6. 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. 7. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 8. Materials and Colors. 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 City staffs 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. SW 6227 Meditative SW 6213 Halcyon Green OC-67 Ice Mist 2137-60 Gray owl AC-26 Ozark Shadows AC-27 Galveston Gray Base of Building/Wainscot Sienna Sandstone Anthracite Soffit at Entrance SW 6871 Positive Red New Storefront Metal Panel with Rust/Patina Finish Corrugated Metal at fascia 9. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 10. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 11. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. 12. 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. 13. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on -site lighting shall be maintained by the property owner or maintenance association. 14. Paint Maintenance. The applicant shall utilize a paint that is designed to permanently adhere to the all surfaces including the exterior doors. The painted surfaces shall be maintained in a continuous manner and shall be free of cracking, peeling, and any other signs of disrepair to the satisfaction of the Community Development Department. PUBLIC WORKS DEPARTMENT General Requirements 15. 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. 16. 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. 17. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. Prior to Issuance of a Grading Permit 18. Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 19. 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 20. 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. 21. 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: tltt '` ivvv,.% ,,,�iterbt ardls ca.(` ov/water t, 22. 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/WQMP 23. 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. BUILDING AND SAFETY DIVISION General Requirements 24. 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. 25. 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. 26. ADA Access. Provide details of all applicable disabled access provisions and building setbacks on the plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entry. c. Path of accessibility from parking to furthest point of improvement. 27. Obtain Approvals and Permits. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 28. 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. 29. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 30. 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) 31. 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) 32. Plans Require Stamp of Registered Professional. Provide appropriate stamp of a registered professional with original signature on the plans.