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HomeMy WebLinkAbout10-020 PC Resolution PC RESOLUTION NO. 10-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09-0287, A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF A 946-SQUARE FOOT DRIVE- THRU CAR WASH AT THE EXISTING ARCO AM/PM GAS STATION LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER AND NICOLAS ROADS, ADDRESSED AS 40212 WINCHESTER ROAD (APN 920-100-048)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 4, 2009, Mr. Gregory Hann filed Planning Application No. PA09-0246, Specific Plan Amendment and on September 22, 2009 Planning Application Nos. PA09-0287, Conditional Use Permit and PA09-0288, Development Plan in a manner in accord with the City of Temecula General Plan and Development Code. B. On November 3, 2010, the Planning Commission recommended approval of Planning Application Nos. PA09-0246, Specific Plan Amendment; PA09-0287, Conditional Use Permit; and PA09-0288 Development Plan C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on November 3, 2010, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of Planning Application Nos. PA09-0246, Specific Plan Amendment; PA09-0287, Conditional Use Permit; and PA09- 0288 Development Plan with a Mitigated Negative Declaration and Mitigation Monitoring Program subject to and based upon the findings set forth thereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of the Application hereby finds, determines and declares that: Conditional Use Permit Application PA09-0287 is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposal, a request for a 946-square foot automated car wash is consistent with the General Plan and Development Code. This Conditional Use Permit application is accompanied by Specific Plan Amendment and Development Plan applications. The Specific Plan Amendment identifies a car wash as a Conditional Use Permit and clarifies that the property will be subject to fhe Deve/opment Standards identified for the NC-Neighborhood Commercial zoning district. Car washes are a common ancillary use for a gas station and this proposal meets the deve/opment standards for car washes under section 17.08.040.D of the Development Code. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed car wash is to be located on a heavily traveled commercial corridor that is fully developed. Surrounding uses include a high school, commercial and residential development. An initial study has been prepared and mitigation measures have been included to address noise impacts from the car wash blowers on surrounding commercial and residential development. With these and other mitigation measures identified, the project will not adversely affect adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The site for the proposed conditional use is adequate in size and shape to accommodate the car wash. Loading, parking, and vehicular circulation will not be adversely affected by the project as determined by Building and Safety, Fire, Police, Public Works, and Planning through the Development Review Process (DRC). The project will adhere to all other development features described in the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community; The conditional use has been reviewed and conditioned by Building and Safety, Fire, Police, Public Works and Planning to ensure that the conditional use is not . detrimental to the health, safety, and general welfare of the community. Furthermore, the project is consistent with the requirements of the General P/an and Development Code, which contain provisions to protect the health, safety, and general welfare of the community. E. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to approve, conditionally approve, or deny the application is based on substantial evidence in view of the record as a whole before the Planning Commission and City Council. 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, PA09-0287: A. Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Specific Plan Amendment Application, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on October 12, 2010, and expired on November 1, � 2010. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 43200 Business Park Drive, Temecula, California 92590. C. No written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration � prior to and at the November 3, 2010 public hearing, and based on the whole record � before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby recommends adoption the Mitigated Negative Declaration prepared for this project. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends approval of Planning Application No. PA09-0287, Conditional Use Permit. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 3rd day of November 2010. �� � Carl Carey hairman ATTEST: Patrick Richardson, Secretary ,.-. . �- (SE��; , .. ,. ' ' - ti ..'" . , . ', , . , `� STATE-OF CAI::i�ORNIA ) �.:; COUNTY OF<�IVERSIDE )ss �`-CITY OF.T�MECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 10-20 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of November 2010, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS None ABSENT: 0 PLANNING COMMISSIONERS None � ABSTAIN: 0 PLANNING COMMISSIONERS None Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL � EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09-0287 Project Description: A Conditional Use Permit to allow for the operation of a 946-square foot drive-thru car wash at the existing Arco AM/PM gas station Assessor's Parcel No.: 920-100-048 MSHCP Category: Commercial — to be paid under PA09-0288, Development Plan DIF Category: Retail Commercial — to be paid under PA09-0288, Development Plan TUMF Category: Retail Commercial — to be paid under PA09-0288, Development Plan Approval Date: November 3, 2010 Expiration Date: November 3, 2012 PLANNING DEPARTMENT General Requirements PL-1. All Conditions of Approval for PA09-0288, Development Plan for the Car Wash at an existing Arco AM/PM shall apply to the Conditional Use Permit. PL-2. The attached Statement of Operations shall be amended to reflect revised hours of operation from 7 a.m. to 7 p.m. (not 10 p.m.). PL-3. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL-4. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection 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. PL-5. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-6. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant 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. PL-7. The Planning Director may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department (PA09-0288). PL-9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. �MPIR� D�SIGN rIROUP, �N�. 24861 Washington Ave, Murrieta CA 92562 MAILING ADDRESS: P.O. Box 944 Murrieta CA, 92564 Ph(951)696-1490 Fax(951)696-1443 xhann@emuireer.biz STATEMENT OF OPERATIONS June 3, 2010 City of Temecula Planning Department 43200 Business Park Drive Temecula, California 92589 Re: Proposed Car Wash Addition Existing ARCO Facility # 06305 . 40212 Winchester Road Temecula, CA 92591 EDG #3029 The proposed car wash hours of operation are to be 7am to 10pm as is the existing convenience store and fueling facility. There are no employees required as this will be a self- serve roll-over car wash. Two additional parking spaces will be added to allow for customer vacuuming. The majority of the traffic generated for the car wash is from existing customers on- site. The car wash equipment is pre-manufactured and assembled on site. All water used to operate the car wash is to be recycled. If there are,any further questions please do not hesitate to contact our office. Sincerely � Gregory S. Hann, Architect State of California License # 26663 EXHIBIT B • DRAFT CC RESOLUTION � RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09-0287, A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF A 946-SQUARE FOOT DRIVE-THRU CAR WASH AT THE EXISTING ARCO AM/PM GAS STATION LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER AND NICOLAS ROADS ADDRESSED AS 40212 WINCHESTER ROAD (APN 920- 100-048) Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On August 4, 2009, Mr. Gregory Hann filed Planning Application No. PA09-0246, Specific Plan Amendment and on September 22, 2009 Planning Application Nos. PA09-0287, Conditional Use Permit and PA09-0288, , Development Plan in a manner in accord with the City of Temecula General Plan and Development Code. B. On November 3, 2010, the Planning Commission recommended approval of Planning Application Nos. PA09-0246, Specific Plan Amendment; PA09-0287, Conditional Use Permit; and PA09-0288 Development Plan C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from October 12, 2010 through November 1, 2010 for a 20-day public review. Copies of the documents have been available for public review and inspection at the offices of the , Department of Planning, located at City Hall 43200 Business Park Drive, Temecula, California 92590. � " E. On November 3, 2010, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on November 3, 2010, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. F. Following consideration of the entire record before it_ at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA09-0287, Conditional Use Permit and PA09-0288, Development Plan in a manner in accord with the City of Temecula General Plan and Development Code. H. On , the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 10- adopting the Mitigated Negative Declaration, and Mitigation monitoring Program. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Conditional Use Permit hereby finds, determines and declares that: A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposal, a request for a 946-square foot automated car wash is consistent with the General Plan and Development Code. This Conditional Use Permit application is accompanied by Specific Plan Amendment and Development Plan applications. The Specific Plan Amendment identifies a car wash as 'a Conditional Use Permit and clarifies that the property will be subject to the Development Standards identified for the NC-Neighborhood Commercial zoning district. Car washes are a common ancillary use for a gas sfation and this proposal meets the development standards for car washes under section 17.08.040.D of the Development Code. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed car wash is to be located.on a heavily traveled commercial corridor that is fully developed. Surrounding uses include a high school, commercial and residential development. An Initial Study has been prepared and mitigation measures have been included to address noise impacts from the car wash blowers on surrounding commercial and residential development. With these and other mitigation measures identified, the project will not adversely affect adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The site for the proposed conditional use is adequate in size and shape to accommodate the car wash. Loading, parking, and vehicular circulation will not � be adversely affected by the project as determined by Building and Safety, Fire, Police, Public Works, and Planning through the Development Review Process (DRC). The project will adhere to,all other deve/opment features described in the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community; The conditional use has been reviewed and conditioned by Building and Safety, Fire, Police, Public Works and Planning to ensure that the conditional use is not detrimental to the health, safety, and general welfare of the community. Furthermore, the project is consistent with the requirements of the General P/an and Development Code, which contain provisions to protect the health, safety, and general welfare of the community. E. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to approve, conditionally approve, or deny the application is based on substantial evidence in view of the record as a whole before the Planning Commission and City Council. Section 3. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2010. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2010, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk