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HomeMy WebLinkAbout120518 PC Agenda ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA OCTOBER 17, 2018 6:00 PM Next in Order: Resolution: 18-26 CALL TO ORDER: Chairman Youmans (6:00 p.m.) Flag Salute: Ron Guerriero led the audience in the Flag Salute ROLL CALL: Present: Commissioners Guerriero, Telesio, Turley-Trejo, Watts, and Youmans Also Present: Watson, Fisk, Marroquin, Rabidou, Moreno, and Jacobo PUBLIC COMMENTS There were no requests to speak. NOTICE TO THE PUBLIC 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. CONSENT CALENDAR 1 Minutes: RECOMMENDATION: Approve the Action Minutes of October 3, 2018 APPROVED 4-0-1, MOTION MADE 1.1 BY COMMISSIONER WATTS, SECOND BY COMMISSIONER TURLEY-TREJO; AYE VOTES FROM COMMISSIONERS, GUERRIERO, TELESIO, TURLEY- TREJO AND WATTS; YOUMANS ABSTAINED PUBLIC HEARING ITEMS 2 Planning Application Number PA18-0381, a Modification application to convert an existing retail center (Sage Brush Center) into a 29-room hotel (Galway House) at 41920 6th Street, Brandon Rabidou APPROVED 5-0, MOTION MADE BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER WATTS; AYE VOTES FROM COMMISSIONERS, GUERRIERO, TELESIO, TURLEY-TREJO, WATTS, AND YOUMANS PLANNING COMMISSION ACTION MINUTES OCTOBER 17, 2018 Page 2 RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 18-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0381, A MODIFICATION APPLICATION TO CONVERT AN EXISTING RETAIL CENTER (SAGE BRUSH CENTER) INTO A 29-ROOM HOTEL (GALWAY HOUSE) AT 41920 6TH STREET, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-024-027) REPORTS FROM COMMISSIONERS DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, November 7, 2018, 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Chairman Youmans adjourned the meeting at 6:30 P.M. ___________________________ ____________________________ Gary Youmans, Chairperson Luke Watson Planning Commission Director of Community Development 2 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development DATE: December 5, 2018 SUBJECT: Director's Hearing Summary Report October 11, 2018 Date Case No. Proposal Applicant Action A Conditional Use Permit to allow a Diana McIntosh, PA18-0771 October 11, 2018 religious institution to conduct services at on Behalf of the APPROVED an existing building located at 28780 Old Christian Town Front Street Science Society Attachments: Action Agendas ACTION AGENDA ACTION AGENDA TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING MEETING OCTOBER 11, 2018 1:30 P.M. TEMECULA CITY HALL GREAT OAK CONFERENCE ROOM 41000 Main Street Temecula, CA 92590 Next in Order: DH Resolution: 18-10 CALL TO ORDER: Luke Watson, Director of Community Development PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Community Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Director about an item not listed on the Agenda, a white "Request to Speak" form may be filled out and filed with the Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 PM Project Number: PA18-0890 Project Type: Conditional Use Permit Project Title: Christian Science Society CUP Applicant: Diana McIntosh, on Behalf of the Christian Science Society Project Description: A Conditional Use Permit to allow a religious institution to conduct services at an existing building. Location: 28780 Old Town Front Street Environmental Action: Section 15301, Class 1, Existing Facilities Project Planner: Eric Jones, Associate Planner ACTION: APPROVED The meeting was adjourned at 1:35 p.m. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 ccessed on the TemeculaCA.gov and will be available for public viewing at the respective meeting. Any petition for judicial review of a decision of the Community Development Director 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 Community Development Director 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. Supplemental material received after the posting of the Agenda Any supplemental material distributed regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM 5:00 PM). In addition, such material may be a TemeculaCA.gov and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Community Development Department at the Temecula Civic Center, (951) 694-6400. AERIAL MAP PLAN REDUCTIONS PC DRAFT RESOLUTION PC RESOLUTION NO. 18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0770, A MODIFICATION TO THE EXTERIOR ELEVATIONS OF THE PALOMAR VILLAGE SHOPPING CENTER AS WELL AS ADDING APPROXIMATELY 272 SQUARE FEET TO BUILDING A, EXPANSION OF PATIO AREA, AND ADDITIONAL LANDSCAPING LOCATED ON THE NORTHWEST CORNER OF MARGARITA ROAD AND RANCHO CALIFORNIA ROAD, 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 May 30, 2018, Jeff Herbst filed Planning Application No. PA18-0770 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 December 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. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA18-0770, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Modification to the Development Application hereby finds, determines and declares that: Modification, Development 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; The proposed project is the expansion of an existing commercial building as well as exterior modifications to the commercial center and project site. The General Plan allows for retail uses at the project site. Therefore, the project is consistent with the General Plan for Temecula. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide 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; The overall design of the project, including the site, building, and parking is consistent with, and intended to protect the health and safety of those working and living in an around the site as the project is consistent with the General Plan, City Wide Design Guidelines, and Development Code. The project is updating existing buildings which will protect the general welfare of the community. In addition, the project is addressing water quality issues by updating the trash enclosures to covered trash enclosures which will protect the public health. 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. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan: 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, Existing Facilities); The project proposes a minor alteration to an existing building. The project is proposing an addition to an existing structure that is less than 2,500 square feet of new floor area and is located in an area where all public services and facilities are available. The project will therefore result in an negligible expansion of use. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-0770, a Modification to the exterior elevations of the Palomar Village Shopping Center as well as adding approximately 272 square feet to Building A, expansion of patio area, and additional landscaping located on the northwest corner of Margarita Road and Rancho California Road, and makes a finding of exemption under the California Environmental Quality Act (CEQA), 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 5th day of December, 2018. Gary Youmans, 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. 18- 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 December, 2018, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA18-0770 Project Description: Palomar Village Shopping Center MOD: A Modification to the exterior elevations of the Palomar Village Shopping Center as well as adding approximately 272 square feet to Building A, expansion of patio area, and additional landscaping. 921-700-010 Assessor's Parcel No.: 921-700-016 921-700-015 921-700-011 921-700-009 N/A (no new grading) MSHCP Category: Retail Commercial DIF Category: TUMF Category: Retail Commercial Quimby Category: N/A (non-residential) N/A (not located within the Uptown Temecula Specific Plan area) New Street In-lieu of Fee: Approval Date: December 5, 2018 Expiration Date: December 5, 2021 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of 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. 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 and all signage shall adhere to the Palomar Village Sign Program (#11) 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. Materials Color Paint Site White (SW 7070) Paint Lazy Gray (SW 6254) Paint Black Magic (SW 6991) Paint Westchester Gray (SW 2849) Paint White Flour (SW 7102) Stone White Elm (Eldorado Stone) Tile Asian Black (Daltile) Storefront Dark Bronze (Kawneer) Roof Medium Bronze (Atas International) 11. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 12. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 13. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 14. 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. 15. Construction and Demolition Debris waste hauler for disposal of construction and demolition debris and shall provide the Planning dispos and construction debris. 16. Public Art Ordinance Ordinance as defined in Section 5.08 of the Temecula Municipal Code. Prior to Issuance of Building Permit 17. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 18. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 19. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 20. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond the Planning Division to schedule inspections. 21. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the report at the first 22. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. 23. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 24. Specifications of Landscape Maintenance Program. Specifications of the landscape Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one- shall contact the Planning Division to schedule inspections. 25. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 26. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 27. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 28. Landscape Installation Consistent with Construction Plans. All required landscape planting and 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. 29. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. PUBLIC WORKS DEPARTMENT General Requirements 30. 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. 31. Entitlement Approval. The developer shall comply with the approved site plan 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. 32. 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 33. Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 34. 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- Manual at: www.TemeculaCA.gov/ECM 35. 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. 36. 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. 37. Letter of Permission/Easement. The developer shall obtain documents (letters of permission is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. BUILDING AND SAFETY DIVISION General Requirements 38. 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. 39. 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. 40. 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 buildings. b. Van accessible parking located as close as possible to the main entry. c. Path of accessibility from parking to furthest point of improvement, and thru-out site. d. These features will have to be brought into compliance with the ''current'' code, at time of submittal. 41. Obtain Approvals and Permits. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 42. 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. 43. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers required over existing, and new trash enclosures. 44. 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. 45. Demolition. Demolition permits require separate approvals and permits. Prior to Issuance of Grading Permit(s) 46. 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) 47. Plans Require Stamp of Registered Professional. Provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 48. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 49. Fire Requirement. For any new soffits and overhangs, fire sprinkler protection will be required. For any sprinkler heads that need to be relocated, a fire sprinkler permit will be required. Prior to Issuance of Building Permit(s) 50. Required Submittals (Fire Sprinkler Systems). For any new walls or new solid canopy overhangs, fire sprinkler protection will be required. Fire sprinkler 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. 51. Required Submittals (Fire Alarm Systems). For any changes with locations of fire alarm appliances a fire alarm tenant improvement permit will be required. 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. NOTICE OF PUBLIC HEARING 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: PA18-0770 Applicant: Jeff Herbst Proposal: A Modification to the exterior elevations of the Palomar Village Shopping Center as well as adding approximately 272 square feet to Building A, expansion of patio area, and additional landscaping 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 CEQA (Section 15301, Class 1, Existing Facilities) Case Planner: Scott Cooper, (951) 506-5137 Place of Hearing: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers Date of Hearing: December 5, 2018 Time of Hearing: 6:00 p.m. 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 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. TemeculaCA.govand 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. VICINITY MAP PLAN REDUCTIONS STATEMENT OF OPERATIONS DRAFT PLANNING COMMISSION RESOLUTION PC RESOLUTION NO. 18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-1088, A FINDING OF PUBLIC CONVENIENCE OR NECESSITY APPLICATION FOR BEST WEI CHINESE HEALTH FOOD LOCATED AT 27452 JEFFERSON AVE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 910-310- 009) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 8, 2018, Li Li, on behlf of Best Wei Chinese Health Food, filed Planning Application No. PA18-1088, a Public Convenience or Necessity Application 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 December 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. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA18/1088 subject to and based upon the findings set forth hereunder. E. 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: Public Convenience or Necessity (Section 17.10.020) A. Whether or not the proposed use is consistent with the General Plan and Development Code.; The proposed use is consistent with the City of Temecula General Plan which specifies that the project site is designated as Specific Plan Implementation (Uptown Temecula Specific Plan). The land use designation within the Specific Plan is Uptown Center (UC). Grocery stores selling alcohol are a permitted use within the UC. The proposed use is consistent with the Development Code which allows for grocery stores. Under Temecula Municipal Code Section 17.10.020.B.2, the sale of alcoholic beverages at grocery stores is a permitted use when the primary use is permitted by right. B. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. Best Wei Chinese Health Food is located within an existing shopping center on a developed lot. Other uses within the center consist of restaurant, retail and offices. There are no sensitive uses within the center. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional uses will not adversely affect the adjacent uses, buildings or structures. C. Whether or not the proposed use would have an adverse effect on adjacent land uses. As conditioned, the project will meet all requirements of the Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. 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. D. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. Census Tract 0512.00, where Best Wei Chinese Health Food is located, is --sale alcohol licenses by the California Department of Alcoholic Beverage Control (ABC). Four (4) off-sale - ly, the tract has thirteen (13) active licenses. This concentration of on-sale licenses can be explained by the population residing in the tract versus the amount of commercial development within in the tract, the regional draw of the mall, successful commercial centers, and tourism. Consequently, a significant portion of the actual population utilizing these - red for the approval of the Type 20 (off-sale beer and wine) ABC license. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit 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); Under Section 15301, Class 1, Existing Facilities, licensing and permitting that involves negligible or no changes in use qualify for a categorical exemption. Alcohol sales are common ancillary uses in grocery/discount stores, and the sale of beer and wine (off-sale) involves a negligible change in use. Additionally, all access and public utilities are available to the site, and the use is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-1088, a Finding of Public Convenience or Necessity application for Best Wei Chinese Health Food located at 27452 Jefferson Avenue, 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 th Planning Commission this 5 day of December, 2018. Gary Youmans, Chairman 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. 18- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on th the 5 day of December, 2018, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA18-1088 Project Description: Best Wei PC or N: A Finding of Public Convenience or Necessity application for Best Wei Chinese Health Food located at 27452 Jefferson Ave 910-310-009 Assessor's Parcel No.: N/A (No New Grading or Square Footage) MSHCP Category: N/A (No New Square Footage) DIF Category: TUMF Category: N/A (No New Square Footage) Quimby Category: N/A (No New Square Footage) N/A (No New Square Footage) New Street In-lieu of Fee: Approval Date: December 5, 2018 December 5, 2020 Expiration Date: PLANNING DIVISION General Requirements 1. 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 two 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 two-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. 3. 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. 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. 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. 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 7. Statement of Operations. The applicant shall comply with their Statement of Operations dated (enter date) , on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 8. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. NOTICE OF PUBLIC HEARING 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: PA18-1088 APPLICANT: Li Li PROPOSAL: A Finding of Public Convenience or Necessity application for Best Wei Chinese Health Food located at 27452 Jefferson Avenue RECOMMENDATION: Approve with Conditions 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 CEQA (Section 15301, Class 1, Existing Facilities) CASE PLANNER: Eric Jones, (951) 506-5115 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590,City of Temecula, Council Chambers DATE OF HEARING: December 5, 2018 TIME OF HEARING: 6:00 p.m. 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. R:\\1AGENDA MANAGER\\PLANNING COMMISSION ITEMS\\2018\\120518\\PA18-1088\\PLANNING COMMISSION NOPH.DOCX