Loading...
HomeMy WebLinkAbout08182021 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35 .102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA AUGUST 18, 2021 - 6:00 PM CALL TO ORDER: Vice Chairperson Telesio FLAG SALUTE: Commissioner Turley-Trejo OATH OF OFFICE CEREMONY ROLL CALL: Hagel, Ruiz, Telesio, Turley-Trejo, Watts PUBLIC COMMENT A total of 30 minutes is provided for members of the public to address the Planning Commission on items that appear on the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. For all Public Hearing or Business items on the agenda, each speaker is limited to five minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary or by submitting an email to be read aloud into the record at the meeting by the Commission Secretary. Email comments must be submitted to stuart .fisk@temeculaca.gov. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. Email comments shall be subject to the same rules as would otherwise govern in person public comments. CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Planning Commission request specific items be removed from the Consent Calendar for separate action . 1.Minutes Approve the Action Minutes of July 7, 2021Recommendation: Action MinutesAttachments: BUSINESS 2.Welcome by Deputy City Manager Luke Watson Page 1 Planning Commission Agenda August 18, 2021 3.Conduct Self-Introductions by New Commissioners 4.Selection of Chair and Vice-Chair of the Commission for 2021 Calendar Year That the Commission select its Chair and Vice-Chair to serve calendar year 2021. Recommendation: 5.Receive Presentation on Local Redistricting Efforts and Provide General Recommendations Regarding Public Engagement That the Commission receive a presentation on local redistricting efforts and provide general recommendations regarding public engagement. Recommendation: Agenda ReportAttachments: PUBLIC HEARING Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with a decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within fifteen (15) calendar days after service of written notice of the decision. The appeal must be filed on the appropriate Community Development Department form and be accompanied by the appropriate filing fee. 6.Planning Application Number PA21-0433, a Modification Application to modify a Development Plan to alter the westerly facade of the former Sears store to incorporate a new design for the new second-floor tenant, Dick's Sporting Goods located at 40710 Winchester Road, Jaime Cardenas Adopt a resolution entitled: PC RESOLUTION NO. 2021- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA21-0433, AN APPLICATION TO MODIFY A DEVELOPMENT PLAN TO ALTER THE WESTERLY FAÇADE OF THE FORMER SEARS STORE TO INCORPORATE A NEW DESIGN FOR THE NEW SECOND-FLOOR TENANT, DICK’S SPORTING GOODS, LOCATED AT 40710 WINCHESTER ROAD, AND MAKING A FINDING OF EXEMPTION UNDER SECTIONS 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES Recommendation: Page 2 Planning Commission Agenda August 18, 2021 Agenda Report Aerial Map Plan Reductions PC Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing Draft Notice of Exemption for County Clerk Attachments: COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be held on Wednesday, September 1, 2021, at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The full agenda packet (including staff reports and any supplemental material available after the original posting of the agenda), distributed to a majority of the Planning Commission regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the Community Development Department at (951) 694-6444. Page 3 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JULY 7, 2021 - 6:00 PM CALL TO ORDER at 6:00 PM: Vice Chairperson Telesio FLAG SALUTE: Commissioner Watts ROLL CALL: Telesio, Turley-Trejo, Watts PUBLIC COMMENT - None CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (3-0): Motion by Watts, Second by Turley-Trejo. The vote reflected unanimous approval. 1. Minutes Recommendation: Approve the Action Minutes of June 2, 2021 BUSINESS 2. Director's Hearing Summary Report Recommendation: Receive and File. Received and Filed Only, No Actions 3. Selection of Planning Commission Subcommittee Replacement Recommendation: Fill One (1) Vacancy to serve on the Short Term Rentals Ad-Hoc Subcommittee Motion by Turley-Trejo, Second by Telesio (3-0) to appoint Commissioner Watts to serve on the General Plan Update Subcommittee. The vote reflected unanimous approval. 2 PUBLIC HEARING 4. Planning Application Number PA21-0521, a Conditional Use Permit to allow an existing restaurant to convert an ABC Type 41 (On-Sale Beer and Wine - Eating Place) license to a Type 47 (On-Sale General - Eating Place) license and extend closing time from 10 P.M. to 12 A.M. The project is located at 30590 Rancho California Road, Suites C302 & C303, Eric Jones Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2021-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA21-0521, A CONDITIONAL USE PERMIT TO ALLOW AN EXISTING RESTAURANT TO CONVERT AN ABC TYPE 41 (ON-SALE BEER AND WINE - EATING PLACE) LICENSE TO A TYPE 47 (ON-SALE GENERAL - EATING PLACE) LICENSE AND EXTEND CLOSING TIME FROM 10 P.M. TO 12 A.M. FOR A PROJECT LOCATED AT 30590 RANCHO CALIFORNIA ROAD, SUITES C302 & C303, AND MAKING A FINDING THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES (APN: 921-700-009) Approved the Staff Recommendation (3-0): Motion by Watts, Second by Telesio. The vote reflected unanimous approval. 5. Planning Application Number PA21-0337, a Conditional Use Permit application for Jackson House to add outpatient alcoholism and drug treatment to an existing community care facility located at 28999 Old Town Front Street, Suite 103, Jaime Cardenas Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2021- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA21-0337, A CONDITIONAL USE PERMIT APPLICATION FOR JACKSON HOUSE TO ADD OUTPATIENT ALCOHOLISM AND DRUG TREATMENT TO AN EXISTING COMMUNITY CARE FACILITY LOCATED AT 28999 OLD TOWN FRONT STREET, SUITE 103, AND MAKING A FINDING OF EXEMPTION U NDER SECTION 15301 AND 15332 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES Motion by Turley-Trejo, Second by Watts (3-0) to continue the project off calendar. The vote reflected unanimous approval. 3 COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT At 6:24 PM, the Planning Commission meeting was formally adjourned to Wednesday, August 4, 2021, at 6:00 PM, Council Chambers, 41000 Main Street, Temecula, California. John Telesio, Vice Chairperson Luke Watson, Director of Community Development PLANNING COMMISSION AGENDA REPORT TO: Planning Commission FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: August 18, 2021 SUBJECT: Receive Presentation on Local Redistricting Efforts and Provide General Recommendations Regarding Public Engagement ______________________________________________________________________________ PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the Commission receive a presentation on local redistricting efforts and provide general recommendations regarding public engagement. BACKGROUND: On July 25, 2017, the City of Temecula adopted Ordinance No. 17-04 transitioning the City from at-large to district-based elections. In 2018, district elections were held for Districts 1, 3 and 5. In 2020, district elections were held for Districts 2 and 4. Every ten years local governments use new census data to redraw district lines to reflect how local populations have changed. The districts must be redrawn so that each district is substantially equal in population ensuring that each council member represents about the same number of constituents. This process is called redistricting. In Temecula, the City Council is responsible for drawing local districts. The City will use the services of a consultant demographer. Redistricting is done using U.S. Census data, which is expected to be received by the State on or before September 30, 2021. The adjusted data to be used by local governments is expected within a few weeks thereafter. For the City of Temecula, which has its next general municipal election in November 2022, the redistricting process must be completed by April 17, 2022. District lines will be adopted pursuant to federal and State law (Elections Code Section 21601) using the following criteria: Federal: (1) Equal population (based on total population of residents as determined by the most recent federal decennial census and adjusted by the State to reassign incarcerated persons to the last known place of residence), (2) Federal Voting Rights Act, and (3) no racial gerrymandering. California (to the extent practicable and in the following order of priority): (1) geographically contiguous districts (Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous.), (2) the geographic integrity of local neighborhoods or communities shall be respected in a manner that minimizes its division, (3) easily identifiable boundaries that foll ow natural or artificial barriers (rivers, streets, highways, rail lines, etc.), (4) lines shall be drawn to encourage geographic compactness, and (5) boundaries shall not be drawn for purposes of favoring or discriminating against a political party. In addition, cities are required to engage communities in the redistricting process by holding public hearings and/or workshops and doing public outreach, including to communities that do not speak English. The City will also be creating a redistricting page on its website with the relevant information, including but not limited to, the process, timeline, notices and agendas, hearing recordings, draft maps, final adopted map, and how to participate via public comment in the entirety of the process. At this time, staff is kicking off its initial public engagement efforts by making presentations to each of the City’s boards and commissions and City Council to bring awareness about the upcoming redistricting and solicit feedback on any local organizations and/or groups to engage in the process. FISCAL IMPACT: None ATTACHMENTS: None STAFF REPORT – PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development DATE OF MEETING: August 18, 2021 PREPARED BY: Jaime Cardenas, Case Planner PROJECT SUMMARY: Planning Application Number PA21-0433, a Modification Application to modify a Development Plan to alter the westerly facade of the former Sears store to incorporate a new design for the new second-floor tenant, Dick's Sporting Goods located at 40710 Winchester Road. RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Matthew McDonnell General Plan Designation: Community Commercial (CC) Zoning Designation: Temecula Regional Center Specific Plan (SP-7); Retail Commercial Core, Planning Area 2 Existing Conditions/ Land Use: Site: Commercial Shopping Mall, Parking Lot/ Community Commercial (CC) North: Existing Commercial Buildings / Community Commercial (CC) South: Existing Shopping Mall/ Community Commercial (CC) East: Existing Commercial Buildings / Community Commercial (CC) West: Existing Shopping Mall / Community Commercial (CC) Existing/Proposed Min/Max Allowable or Required Lot Area: 9.8 N/A Parking Provided/Required: 5,520 Spaces 5,292 Spaces (minimum) Located in Affordable Housing Overlay Zone (AHOZ)? Yes No AHOZ Gain/Loss: +/- 0 Units BACKGROUND SUMMARY 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. On July 7, 1997, the Planning Commission approved Planning Application No. PA97-0118 for the design and construction of a 1,079,846 square foot mall (including the approximately 111,148 square foot Sears store). On February 2, 2018, the Planning Commission approved Planning Application PA18-0209, a Modification application to alter the exterior of the existing Sears store to accommodate a Round1 entertainment facility and future restaurant on the lower level. The exterior architectural changes included new paint schemes, a porcelain tile wainscot (building base), a new tower element and redesigned tenant entrances on the first floor of the former Sears building at 40710 Winchester Road. On March 18, 2021, Matthew McDonnell, on behalf of Dick’s Sporting Goods, submitted a Modification Application for a façade change to the second-floor elevation of the former Sears building to incorporate a new façade design for the new tenant, Dick’s Sporting Goods located at 40710 Winchester Road. ANALYSIS Site Plan The Sears project is located within the existing Promenade Temecula shopping mall complex within Ring Road, southwest of Winchester Road and Margarita Road. The proposed modification to the 9.8-acre site would allow for exterior elevation improvements to the existing 111,148 square foot building. There will be two new egress doors (for emergency exits) installed with walkways leading to the sidewalk. Dick’s Sporting Goods intends to occupy the entire second-story of the building. Due to the topography of the site, this upper level of the former Sears building is at-grade on the westerly elevation and has a single-story appearance. As one navigates easterly of the site, the building has a two-story appearance on the north and east side of the building due to the drop in elevation. Architecture The building’s current architecture can be described as postmodern with an art deco influence that includes architectural elements such as flat exterior walls with long horizontal lines broken by protruding towers, other projections and curved wall surfaces. The upper level on the westerly elevation of the building will become the primary entrance of the business. The redesigned entrance will include prominent brick veneer entry, base, and columns. Large wall sections will be broken up by horizontal stone lines and vertical brick columns. The building will incorporate accentuating building pieces including decorative corrugated metal and soffit, and architecturally compatible light sconces placed on columns of the building. Once complete, the building architecture will showcase a modern mercantile-inspired façade that meets the intent of the Temecula Regional Center Specific Plan (SP-7) which encourages “Unique architectural and landscape architectural themes for identity”. Access/Circulation There are no proposed site changes that will impact vehicular circulation or access to the Sears building. Primary vehicular access to the proposed area of renovation will continue from Promenade East or the Ring Road. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in The Press-Enterprise on August 5, 2021 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION 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 exterior alterations for aesthetic purposes only to an existing building that does not involve an expansion of use. FINDINGS Modifications, Development Code Section 17.05.030.E 1. 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. 2. 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. ATTACHMENTS: 1. Aerial Map 2. Plan Reductions 3. PC Resolution 4. Exhibit A - Draft Conditions of Approval 5. Notice of Public Hearing 6. Draft Notice of Exemption for County Clerk M A RGA RI T A RDW INCHESTERRDRING R D P R O M E N A D E MALLEASTP R OMENADE MALLMALLACCESSRD Project Site CITY OF TEMECULA PA21-0433 \Date Created: 6/10/2021 1:3,6001 inch = 300 feet 910-420-029 The map PA21-0433.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to updateand modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on thismap. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis 2021 PROMENADE TEMECULA DICK’S SPORTING GOODS TEMECULA, CALIFORNIA 03-17-2021 COLOR ELEVATIONS20.443.10 1 PC RESOLUTION NO. 2021- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA21-0433, AN APPLICATION TO MODIFY A DEVELOPMENT PLAN TO ALTER THE WESTERLY FAÇADE OF THE FORMER SEARS STORE TO INCORPORATE A NEW DESIGN FOR THE NEW SECOND-FLOOR TENANT, DICK’S SPORTING GOODS, LOCATED AT 40710 WINCHESTER ROAD, AND MAKING A FINDING OF EXEMPTION UNDER SECTIONS 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 18, 2021, Matthew McDonnell, on behalf of Dick’s Sporting Goods, submitted Planning Application PA21-0433, a Modification to a Development Plan, 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 August 18, 2021, 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’s Hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA21-0433 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA21-0433 conformed to the City of Temecula’s General Plan and Development Code. Section 2. Further Findings. The Planning Commission, in approving Planning Application No. PA21-0433 hereby makes the following findings as required by Section 17.05.030.E (Modifications to an approved Development Plan) 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 2 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. 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 per Section 15301, Class 1 (Existing Facilities). The proposed Modification to the Development Plan involves minor exterior alterations for aesthetic purposes only to an existing building that does not involve an expansion of use. Section 4. Conditions. The Planning Commission of the City of Temecula hereby approves Planning Application No. PA21-0433, a Modification Application to alter the westerly facade of the former Sears store to incorporate a new design for the new second-floor tenant, Dick's Sporting Goods located at 40710 Winchester Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 3 PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 18th day of August, 2021. John Telesio, Vice Chairperson ATTEST: 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. 2021- 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 August, 2021, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Luke Watson, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: Project Description: PA21-0433 Dick's Sporting Goods: a Modification Application to a Development Plan to alter the westerly facade of the former Sears store to incorporate a new design for the new second-floor tenant, Dick's Sporting Goods located at 40710 Winchester Road. Assessor's Parcel No.: 910-420-029 N/A (No New Grading/Square Footage) MSHCP Category: N/A (No New Square Footage) DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: N/A (No New Square Footage) N/A (Not a Residential Project) August 18, 2021 August 3, 2024 New Street In-lieu of Fee: N/A (Not Located Within the Uptown Temecula Specific Plan) PLANNING DIVISION Within 48 Hours of the Approval 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)). 1. 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 Conditional Use Permit. A modification made to an approved development plan does not affect the original approval date of a development plan. 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. A modification made to an approved development plan does not affect the original approval date of a development plan. 4. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 7 (Temecula Regional Specific Plan). 5. 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. 6. Signage Permits. A separate building permit shall be required for all signage. 7. 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. 8. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 9. 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. 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. 10. 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 staff's 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. Exterior Wall- Smooth stucco and brick veneer entry and columns Accents- Corrugated metal, soffit, and exterior lighting painted "Hartford Green" 11. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 12. 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. 13. 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. 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. 15. 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. 16. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit Landscape Installation Consistent with Construction Plans. All required landscape planting and/or irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 17. BUILDING AND SAFETY DIVISION General Requirements Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. 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. 18. Compliance with Code. All design components shall comply with applicable provisions of the most current edition of the California Building, Plumbing and Mechanical Codes; California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and Temecula Municipal Code as identified in Title 15 of the Temecula Municipal Code. 19. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on 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 entrance of the building. c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right-of-way to all public areas on site, such as trash enclosures, clubhouses, and picnic areas. 20. 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. 21. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 22. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 23. Demolition. Demolition permits require separate approvals and permits. 24. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 25. 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 Code Section 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. 26. Protection of drains and penetration. Protection of joints and penetrations in fire resistance-rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. 27. FIRE PREVENTION Prior to Issuance of Building Permit(s) Required Submittals (Fire Sprinkler Systems). Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 28. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. The fire alarm panel will need to be located in a room with direct exterior access on the building. 29. Prior to Issuance of Certificate of Occupancy Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial, multi-family residential and industrial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6-inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). 30. Knox Box. A “Knox-Box” shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room. If the riser rom is not located on the same level as the main doors for this facility, the knox box will be located near the main doors. (CFC Chapter 5). 31. High Piled Stock. Buildings housing high-piles combustible stock shall comply with the provisions of California Fire Code Chapter 32 and all applicable National Fire Protection Association standards. The storage of high-piled combustible stock may require structural design considerations or modifications to the building. Fire protection and life safety features may include some or all of the following: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire Department access roads. For any storage of Class I-IV commodities over 12-feet in height and has a greater area than 500 square feet combined through out will be required to obtain a high piled storage permit. For any high hazard, group 'A; plastics, that are stored 6-feet or greater in height will require a permit as well. (CFC Chapter 32 and City Ordinance 15.16.020) 32. Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: CASE NO: PA21-0433 APPLICANT: Matthew McDonnell PROPOSAL: A Modification Application to alter the westerly facade of the former Sears store to incorporate a new design for the new second-floor tenant, Dick's Sporting Goods, located at 40710 Winchester Road. ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with State CEQA Guidelines 15301, Class 1 (Existing Facilities). CASE PLANNER: Jaime Cardenas, (951) 240-4215 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: August 18, 2021 TIME OF HEARING: 6:00 PM The complete agenda packet (including any supplemental materials) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City’s website – TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. – 5:00 p.m. In addition, such material will be made available on the City’s website – TemeculaCA.gov – and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400. August 19, 2021 Ms. Rosemarie M. Anderson Supervising Legal Certification Clerk County of Riverside P. O. Box 751 Riverside, CA 92501-0751 SUBJECT: Filing of a Notice of Exemption for Planning Application Number PA20-0433, a Modification Application to alter the westerly facade of the former Sears store to incorporate a new design for the new second-floor tenant, Dick's Sporting Goods, located at 40710 Winchester Road. Dear Ms. Anderson: Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) please find a check in the amount of $50.00, for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The City of Temecula is paying the $50.00 filing fee under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee. Also, please return a stamped copy of the Notice of Exemption within five working days after the 30-day posting in the enclosed self-addressed stamped envelope. If you have any questions regarding this matter, please contact Jaime Cardenas at (951) 240-4215. Sincerely, Luke Watson Director of Community Development Enclosures: Check Copies of this letter (2) Self-addressed stamped envelopes (2) Previous Filing Fee Receipt (if applicable) City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • Fax (951) 694-6477 • TemeculaCA.gov City of Temecula Community Development Planning Division Notice of Exemption TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula P.O. Box 751 41000 Main Street Riverside, CA 92501-0751 Temecula, CA 92590 Project Title: Dick’s Sporting Goods MOD (PA21-0433) Description of Project: A Modification Application to alter the westerly facade of the former Sears store to incorporate a new design for the new second-floor tenant, Dick's Sporting Goods. Project Location: 40710 Winchester Road Applicant/Proponent: Matthew McDonnell The Planning Commission approved the above described project on August 18, 2021 and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended. Exempt Status: (check one) Ministerial (Section 21080(b)(1); Section 15268); Declared Emergency (Section 21080(b)(3); Section 15269(a)); Emergency Project (Section 21080(b)(4); Section 15269(b)(c)) Statutory Exemptions (Section Number: ) Categorical Exemption: (Section 15301, Class 1, Existing Facilities) Other: Categorical Exemption: (Section 15303, Class 3, Conversion of Small Structures) Statement of Reasons Supporting the Finding that the Project is Exempt: The proposed Modification to the Development Plan involves minor exterior alterations for aesthetic purposes only to an existing building that does not involve an expansion of use. Contact Person/Title: Jaime Cardenas, Planning Technician Phone Number (951) 240-4215 Signature: Date: Luke Watson, Director of Community Development