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HomeMy WebLinkAbout91_001 PC ResolutionRESOLUTION NO. 91-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLOT PLAN NO. 11767 TO CONSTRUCT A 6 BAY SELF SERVICE CAR WASH AND DRYING CARPORT ON A PARCEL CONTAINING 1.41 ACRES LOCATED AT 28853 FRONT STREET AND KNOWN AS ASSESSOR'S PARCEL NO, 922-100-023. WHEREAS, Michael and Linda Merica filed Plot Plan No. 11767 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Plot Plan application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Plot Plan on January 7, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plan; and WHEREAS, the Planning Commission received a copy of the Staff Report regarding the Plot Plan; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings, That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (a) There is a reasonable probability that the land use or action proposed will be consistent with STAFFRP%PP11767 the general plan proposal being considered or studied or which will be studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Rivereide County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its Generel Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Plot Plan is consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: (1) The City is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in recommending approval of projects and taking other actions, including the issuance of building 3ermits, pursuant to this title, each of the following: a) There ~s reasonable probability that Plot Plan No. 11767 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. STAFFRPT~PP11767 D. (1) Pursuant to Section 18.30(c), no plot plan may be approved unless the following findings can be made: a) The proposed use must conform to ail the General Plan requirements and with all applicable requirements of state law and City ordinances. b) The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. (2) The Planning Commission, in recommending approval of the proposed Plot Plan, makes the following findings, to wit: a) There is a reasonable probability that Plot Plan No. 11767 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law due to the fact that the surrounding area is dominated by commercial development and therefore, the land use designation will likely be commercial. b) There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed use is ultimately inconsistent with the plan due to the fact that the project is in conformance with SWAP and anticipated land use and design guidelines. c) The proposed use or action complies with State planning and zoning laws. The proposed use as designated is a permitted use in the C-1/C-P zone. d) The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use. Adequate are has been provided for buildings, parking and circulation; and all landscape and setback requirements have been satisfied. STAFFRPT~PP11767 e) f) g) h) i) J) The project as designed and conditioned will not adversely affect the public health or welfare. The conditions stated in the approval are based on mitigation measures necessary to reduce or eliminate potential adverse impacts of the project as discussed in the above Findings, Facts, body of the Staff Report, and Initial Environmental Study. The project is compatible with surrounding land uses. The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties. The proposal as designed will be compatible with surrounding land uses. Adequate area and design features provide for siting of proposed facilities in terms of landscaping, parking, and internal traffic circulation. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. The property and surrounding sites are commercially zoned and will likely be designated for commercial uses in the future. The project as designed and conditioned will not adversely affect the built or natural environment due to the small scale of the project. The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project. This is clearly represented in the site plan and project analysis. That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. STAFFRP%PP11767 E. As conditioned pursuant to SECTION 3, the Plot Plan proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. ~ECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. That the City of Temecula Planning Commission hereby approves Plot Plan No. 11767 to construct a 8 bay self service car wash with drying carport located at 28853 Front Street and known as Assessor's Parcel No. 922-100-023 subject to the following conditions: A. Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this 7th day of January 1991 ~EFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 7th day of January, 1991 by the following vote of the Commission: AYES: 4 NOES: 1 ABSENT: 0 PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS Blair, Fahey, Ford, and Hoagland Chairman Chiniaeff None STAFFRP-I~PP11767 CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No: 11767 Project Description: For the construction of a 6 bay: self serve car wash Assessor's Parcel No.: The use hereby permitted by this plot plan is for the construction of a 6 bay, self serve car wash with drying stalls in the rear portion of the property. The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning Plot Plan No. 11767. The City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. This approval shall be used within two (2) years of 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 (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. This approval shall expire on January 7, 1993. The development of the premises shall conform substantially with that as shown on Plot Plan No. 11767 marked Exhibit A, or as amended by these conditions. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. The applicant shall comply with the Engineering Department's Conditions of Approval which are included herein. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's transmittal dated August 10, 1990, a copy of which is attached. Degreasing operations shall not be permitted on the property. STAFFRPT~PP11767 10. 11. 12. 13. 14. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittals dated March 20, 1990 and November 15, 1990, copies of which are attached. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 546 and the County Fire Warden's transmittal dated August 10, 1990, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Geologist's transmittal dated April 6, 1987, a copy of which is attached. Prior to the issuance of grading or building permits, three (3) copies of a Parking, Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department of approval. The location, number, genus, species, and container size of the plants shall be shown. Plans shall meet all requirements of Ordinance No. 348, Section 18.12, and shall be accompanied by the appropriate filing fee. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans prior to the issuance of occupancy permits. An automatic sprinkler system shall be installed and all landscaped areas shall be maintained in a viable growth condition. Planting within ten (10) feet of an entry or exit driveway shall not be permitted to grow higher than thirty (30) inches. A minimum of 12 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 348. 12 parking spaces shall be provided as shown on the Approved Exhibit(s) A. The parking area shall be sudaced with (asphaltic concrete paving to a minimum depth of 3 inches on 4 inches of Class II base.) (Decomposed granite compacted to a minimum thickness of three (3) inches treated with not less than 1/2 gallon per square yard of penetration coat oil, followed within six months by an application of 1/4 gallon per square yard of seal coat oil.) A minimum of one (1) handicapped parking spaces shall be provided as shown on Exhibit A. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons STAFFRPT~PP11767 15, 16. 17. 18. 19. 20. 21. 22. 23. may be towed away at owner's expense. may be reclaimed at telephone " Towed vehicles or by In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. Prior to the issuance of building permits, the applicant shall obtain clearance and/or permits from the following agencies: Planning Department Engineering Department Environmental Health School District Riverside County Flood Control Fire Department. A Plot Plan application for a Sign Program shall be submitted and approved by the Planning Director prior to occupancy. Building elevations shall be in substantial conformance with that shown on Exhibit B. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit B (Color Elevations) and Exhibit C (Materials Board). Roof-mounted equipment shall be shielded from ground view. Screening material shall be subject to Planning Department approval. Prior to the final building inspection approval by the Building and Safety Department, a six foot high decorative block wall or combination landscaped earthen berm and decorative block wall shall be constructed along the north and west property lines. The required wall and/or berm shall be subject to the approval of the Director of the Department of Building and Safety and the Planning Director. All trash enclosures shall be constructed prior to the issuance of occupancy permits. Each enclosure shall be six feet in height and shall be made with masonry block and a steel gate which screens the bins from external view. Landscape screening shall be designed to be opaque up to a minimum height of six (6) feet at maturity along the north, south and east property lines. Landscaping plans shall incorporate the use of specimen canopy trees along streets and within the parking areas. STAFFRPT~PP11767 24. 25. 26. 27. 28. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655. This project is located within a subsidence or liquefaction zone. Prior to issuance of any building permit by the Department of Building and Safety, a California Licensed Soils Engineer or Geologist shall submit a report to the Building and Safety Department identifying the potential for liquefaction or subsidence. Where hazard of liquefaction or subsidence is determined to exist, appropriate mitigation measures must be demonstrated. Prior to the issuance of grading permits, the applicant shall comply with Ordinance No. 663 by paying the fee required by that ordinance which is based on (the gross acreage of the pamels proposed for development) (the number of single family residential units on lots which are a minimum of one-half (1/2) gross acre in size). Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required by Ordinance No. 663, the applicant shall pay the fee required under the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of building permits, performance securities, in amounts to be determined by the Director of Building and Safety to guarantee the installation of plantings, walls, and fences in accordance with the approved plan, and adequate maintenance of the Planting for one year, shall be filed with the Department of Building and Safety. Prior to the issuance of occupancy permits, all required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Director of Building and Safety. 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. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 30. 31. 32. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. A 15 foot landscape area shall be located along the easterly property line along Front Street between the driveway and the parking spaces indicated on the plot plan. The washing bays shall be moved to within 3 feet of the northerly property line to provide a wider (27 foot) driveway along the southerly property line. STAFFRPT~PP11767 Building & Safety. Department 33. The applicant shall fill out an application for final inspection. Allow two (2) weeks processing time to obtain all required clearances prior to final inspection. Fngin~ring Dep~rtment The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. PRIOR TO ISSUANCE OF GRADING PERMITS: 34. The developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; and CATV Franchise. 35. The developer shall submit four (4) prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code and Chapter 70 as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24"x36" mylar by a Registered Civil Engineer. 36. The developer shall submit four (4) copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. 37. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of-way. 38. If grading is to take place between the months of October and April, erosion control plans will be required. Erosion control plans and notes shall be submitted and approved by the Engineering Department. STAFFRP'RPP11767 39. A permit from the Riverside County Flood Control District is required for work within its right-of-way. 40. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. PRIOR TO ISSUANCE OF BUILDING PERMIT: 41. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 42. Prior to issuance of a building permit, the developer shall deposit with the Engineering Department a cash sum as established per acre as mitigation for traffic signal impact. 43. Top of slope shall be located at property line, or a retaining wall shall be required in the event that the developer cannot obtain permission to locate the slope on adjacent property. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 44. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. 45. Fish and Game fees. 46. An underwalk drain shall be required. 47. All concentrated drainage directed toward the public street shall be diverted through the undersidewalk drains. STAFFRPT~PP11767 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT November 15, 1990 City of Temecula 43172 Business Park Drive Temecula, CA 92390 Attention: Steve Padovan Ladies and Gentlemen: Re: Plot Plan 11767 Murrieta Creek Plot Plan 11767, located on the west side of Front Street approx- imately 1,150 feet south of First Street, proposes the construc- tion of a self-serve car wash. The entire property is located in the Murrieta Creek Flood Plain with the western portion of the property within a FEMA delineated floodway. The District is currently designing this portion of Murrieta Creek ~o the 100 year floodway would be confined within the proposed improvements. The right of way for these improvements, as shown on Exhibit "A", are in conflict with a negligible portion of the property at the southwest corner. This is men- tioned for informational purposes only and there is no need to dedicate this area for future improvements. The County Board of Supervisors and the City of Temecula have adopted the Murrieta Creek Area Drainage Plan for the purpose of collecting drainage fees. Those fees are used to construct needed flood control facilities within the particular area. The Area Drainage Plan fees apply to new land divisions and other types of new development. Virtually all new development causes increased storm runoff. These increases are particularly troublesome in those watersheds where an Area Drainage Plan has been adopted. In order to miti- gate the downstream impacts brought about by increased runoff, the District recommends that Conditional Use Cases, Plot Plans and Public Use Cases be required to pay a flood mitigation charge. Mitigation charges, where appropriate, will be similar to the current Area Drainage Plan fee rate. Should you have any questions concerning this matter, contact this office at 714/275-1210. Attachment EWR:pln erllll3a please HN~: 'LSHUBA . eOHn:or Civil Engzneer  RIVERSIDE COUNTY FIRE DEPARTMENT JN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN J. NEWMAN FIRE CHIEF IVED /,US 1 3 1990 PLANNING & ENGINEERING 46-209 OASIS STREET, SUITE 403 INDIO, CA 92201 (619) 3424886 August 10, 1990 ' PLANNING & ENGINEERING 3760 I2TH STREET RIVERSIDE, CA 9Z501 (714) 275-4777 TO: CI~"f OF TEMECULA ATTN: PLANNING DEPARTMENT RE: PLOT PLAN 11767 With respect to the conditions of approval regarding the above referenced plot plan, the Fire Department recommends the following fire protection measuree be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings ueing the procedure established in Ordinance 546. Provide or show there exists a water system capable of delivering 1500 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. The required fire flow shall be available from a super fire hydrant (6"x4"x2~x2~), located not less than 25 feet or more than 165 feet from any portion of the building as measured alon~ vehicular travelways. Applicant/developer shall be responsible to submit w~itten certification from the water company noting the location of the existing fire hydrant and that the existing water system is capable of delivering GPM fire flow for a hour duration at 20 PSI residual operating pressure. If a water system currently does not exist, the applicant/developer shall be responsible to provide written certification that financial arrangements have been made to provide them. 5. Certain designated areas will be required to be maintained as fire lanes. 6. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. RK: PP 11767 Page 2 Prior to issuance of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of $558.00 to the Riverside County Fire Department for plan check fees. Prior to the issuance of building permits, the developer shall deposit with the Riverside County Fire Department, a check or money order equaling the sum of 25~ per square foot as mitigation for fire protection impacts, This amount must be submitted separately from the plan check review fee. 9, Final conditions will be addressed when building plans are reviewed in the Building and Safety Office. All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner By Laura Cabral, Firs Safety Specialist rmac cour c.u PL,Ar flii'iG April $, 1987 Soil Tech 27715 Jefferson Avenue, Suite 109 P. O. Box 1568 Temecula, CA 92390 Attention: Gentlemen: Mr. John T. Reinhart Mr~ Wayne Baimbridge ' Subject: Liquefaction Hazard Project No.: 1966-PS-87 Tentative Parcel Map 22286 County Geolgoic Report No. 392 We have reviewed the liquefaction ~spect$ of your report entitled: Preliminary Soils and Liquefaction Investigation, Tentative Parcel Map 22286, dated February 6, 1987. Your report determined that the potential for liquefaction on the subject property is considered to be likely during an earthquake of 6.0 Richter magnitude and ground acceleration of 0.37 along the [lsinore fault. Your report recommended that: .... "': ' 1. Proposed structures should be founded on a uniform compacted fill mat. This compacted mat should extend a minimum of 2.5 times the footing width below the bottom of the proposed footings, but not less than five feet below the bottom of the footings. 2. A copy of theproposed and approved footing plans should be as sub- mitted to the geotechnical engineer for review prior to site grading. It is our opinion that the report was performed in a competent'manner and satisfies the additional information required under the California Environ- mental Quality Act review and Riverside County Comprehensive General Plan. We recommend that the following note be placed on the Final Parcel Map: "County Geologic Report No. 392 was prepared fo~'this property on February 6, 1987 by Soil Tech, and is on file at the Riverside County Planning Department. 4080 LEMON STREET, g~" FLOOR RIVERSIDE. CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET, ROOM 304 INDIO. CALIFORNIA 92201 (619) 342-8277 Sotl Tech - 2 - April 6, 1987 The specific item of concern in this report is possible soil liquefaction. Very truly yours, .RIVERSIDE COUNTY PLANNING DEPARTMENT RQger S._.~.treet~er - P)anning DJ.lectOr Steven A. K~pyerman// / - -- Engineering Geologisv~/ / CEG-1205 SAK:rd c.c. Tony Terich - TO-MAC Eng. · Norm Lostbom - Bldg. & Safety (2) Planning Team ! - Leslie Likins