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HomeMy WebLinkAbout91_038 PC ResolutionRESOLUTION NO. 91-038 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING CONDITIONAL USE PERMIT NO. 2901 (REV.) TO PERMIT EXISTING AND PROPOSED GASOLINE DISPENSING PUMPS CENTER AT THE CORNER OF JEFFERSON AND WINCHESTER AVENUES, TEMECULA, CALIFORNIA. WHEREAS, Rancho Car Wash, filed CUP No. 2901 (Rev.) in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said CUP application was 3rocessed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said CUP on May 6, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said CUP; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: ~ECTIQN _1.. F_~. 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:CUP2901 6 (a) There is a reasonable probability that the land use or action 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 complied with all other applicable requirements of state law and local ordinances. B. The Riverside 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 General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. Co requirements The proposed CUP is consistent with the SWAP and meets the 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 approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: (a) There is reasonable probability that CUP No. 6 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. A:CUP2901 7 D. (1) Pursuant to Section 18.26(e), no CUP may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health safety and welfare of the community, and further, that any CUP approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. (2) The Planning commission, in approving the CUP, makes the following findings, to wit: a) The site of the proposed use together with the on-site parking required and provided is suitable in size to accommodate the proposed intensity of development. b) The proposed use will not have a substantial adverse effect on abutting property of the permitted use there of. The proposed use is not on scale of intensity to impact adjacent uses. c) The site for the proposed use has adequate access to the fully improved Jefferson Avenue as evidenced in the site plan for C.U.P. 2901 (Rev.) d) The proposed project will not inhibit or restrict future ability to use active or passive solar energy systems. Adequate building exposure is provided for these alternatives. e) As conditioned, the project will not have a significant adverse effect on the environment as the project is exempt from the C.E.Q.A. Guidelines. f) There is a reasonable probability that the project will be consistent with the City's General Plan once it is adopted, based on analysis in the staff report and the proposal's conformance with existing applicable ordinances and Conditions of Project Approval. g) The lawful conditions stated in the approval are deemed necessary to protect the public health, A:CUP2901 8 safety and general welfare. The Conditions stated in the attached Staff analysis are based in mitigative measures necessary to reduce the severity of, or entirely eliminate potential adverse impacts of the project, including potential impacts on adjacent parking facilities, human health and safety, and City fire protection services. h) There is not a probability of detriment to, or interference with the future adopted General Plan Land Use if the proposed use is ultimately inconsistent with the new General Plan. The proposed use is of insignificant scale in the context of regional development. Further, if found to be ultimately detrimental, the use is subject to termination under City ordinance provisions contained in Section 18.31 of City Ordinance No. 348 i) These findings are supported by Staff analysis, minutes, maps and exhibits, associated with this application and herein incorporated by reference. As conditioned pursuant to SECTION 3. the C.U.P. proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. The proposed revised C.U.P. has been determined to be exempt from the C.E.Q.A. pursuant to Section 15303 of that document. SECTION 3. Cendition.~ That the City of Temecula Planning Commission hereby approves C.U.P. 2901 (Rev.) for the placement of existing and additional gasoline dispensing pumps at the Northeast corner of Jefferson and Winchester Avenues, Temecula, California subject to the attached conditions. A:CUP2901 9 PASSED, APPROVED AND ADOPTED THIS 6th day of May 1991. DENNIS CHINIAEFF -~ 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 6th day of May 1991 by the following vote of the Commission AYES: 5 PLANNING COMMISSIONERS Blair, Fahey, Ford, Hoagland, and Chairman Chiniaeff NOES: 0 PLANNING COMMISSIONERS None ABSENT: 0 PLANNING COMMISSIONERS None A:CUP2901 10 CITY OF TEMECULA CONDITIONS OF APPROVAL C.U.P. 2901 (Revised Project Description: Car Wash and Gasoline Dispensing Facility APN 910-200-061 The use hereby permitted by this Revised C.U.P. is for the placement of two (2) additional gas pump islands and four (4) gas pumps, and to allow four (4) existing gas pumps, and one additional storage tank. 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. 216. 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 May 6, 1993. The development of the premises shall conform substantially with that as shown on Conditional Use Permit No. 2901 (Rev.) 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 October 22, 1990, which are included herein. A:CUP2901 11 10. 11. 12. 13. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated November 28, 1989, a copy of which is attached. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 546 and the County Fire Department's transmittal dated October 29, 1990, which are included herein. 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 24 parking spaces shall be provided in accordance with Section 18.12, City of Temecula Ordinance No. 348. A minimum of 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 may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephone " 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 Building & Safety Department School District Fire Department CalTrans A:CUP2901 12 14. Prior to the issuance of building permits, the following additional plans shall be submitted for Planning Department approval: Landscaping, Irrigation, and Shading Plans. 15. No roof-mounted equipment shall be permitted on any building within the project site. 16. All Trash enclosures shall be constructed prior to the issuance of occupancy permits. As a minimum, each enclosure shall be six feet in height and shall be constructed of masonry block with a solid steel gate which screens the bins from external view. 17. 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. 18. 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. 19. 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. 20. All utilities, except electrical lines rated 33ky or greater, shall be installed underground. 21. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Engineering Department 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. A:CUP2901 13 PRIOR TO BUILDING DEPARTMENT PERMIT: 22. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project. 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. Transportation Engineering Department 23. No Comment Department of Building and ~afeh/. 24. The applicant shall fill out an application for Final Inspection, allow two (2) weeks for processing time to obtain all required clearances prior to final inspection. 25. Provide two (2) complete sets of plans for Plan Review to Building and Safety. A:CUP2901 14 FROM: RE: County of Riverside DEPARTMENT OF HEALTH _ I ~, OF TEMECULA DATE: A.~.N: Mark Rhoades .... C,AL .... /SAM MAgT!I~E ,~--ENVIRONMENTAL HEALTH ,:~e- ~ ',:~ CONDITIONAL 'G~E P~RNIT NO. 290:~ Cwndit lonal The Envir,~nl~ental Health Services has reviewed Use Permit No, 2901 and ha~ no ob~ect, ion~. Sanita:-v sewer ~.,~. L*~ng olan subm~tta!, the roi lowln~ items w~/t !. 'Will-~erve' !etter; from the ~ater and sewering Three complete set5 of plans for each food establishment ~ill be submitted, ln,zludln~ a [f there are to be anv hazardous materials, a .:.!.eafance l.e..~._t~£_ from the Envii'onmental Health ~3erv~ce~ Hazardous Mater~15 Manacement Branch (.3on M,:,horoskl, ~5~-5055). will be reaulred lndlcatlnc r.h,it the pro!ect has been cleared for: a Underqround storaoe tanks. ._,; Hazardous Waste Generator Servicms.. . AB 2185). ri: iron Mohoro~kl. Hazardous Materials 9, ranch KENNETH L- EDWARDS RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Riverside County Planning Department County Administrative Center Riverside, California Attention: Regional Team No. Planner~oR/~ Area: Re: We have reviewed this case and have the following comments: Except for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However, a storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. The topography of the area consists of well defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses for building sites. The natural watercourses should be kept free of buildings and obstructions in order to maintain the natural drainage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet stating, "All new buildings shall be floodproofed by elevating the finished floors a minimum of 18 inches above adjacent ground surface. Erosion protection shall be provided for mobile home supports." This project is in the . Area drainage plan fees shall be paid in accordance with the applicable rules and regulations. The proposed zoning is consistent with existing flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the implied density. The District's report dated J-~-o~ is still current for this project. The District does not object to the proposed minor change. This project is a part of . The project will be free of ordinary storm flood hazard when improvements have been constructed in accordance with approved plans. The attached comments apply. Very truly yours,x~- ~_~JOHN ,. K~ASHUBA Senior Civil Engineer DATE: ~, ~, / ¢/~.~ PLANNING & ENGINEERING 46-Z09 OA81~ STREET, SUITE 405 INDIO, CA 92201 (619) 342.8886 RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN J. NEWMAN FIRE CHIEF October 29, 1990 PLANNING & ENGINEERING 3760 tZTH STREET RIVERSIDE, CA 92501 (714) 275-4777 TO: CITY OF TEMECULA ATTN: PLANNING DEPARTMENT RE: CDP 2901 - REVISED PERMIT - AMENDED With respect to the conditions of approval regarding the above referenced plot plan, the Fire Department recommends the following fire protection measures 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 using the procedure established in Ordinance 546. 2. Gasoline pumps must be inspected by fire department prior to operation of pumps. 3. Certain designated areas will be required to be maintained as fire lanes. 4. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact certified extinguisher company for proper placement of equipment. All questions regarding the meaning of the conditions shall be referred to the Fire Department Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner By Laura Cabral, Fire Safety Specialist ml STATE OF CALIFO~NIA-~SUSINESS, TRANSPO~TATIC~ AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 8, P.O. BOX 231 September 22, 1989 Development Review 08-Riv-79-R2.28 Your Reference: CUP 2901 Planning Department Attention Gloria Guzman County of Riverside 4080 Lemon Street Riverside, CA 92501 Dear Mr~.Guzman: Thank you for the opportunity to review the proposed Revised Conditional Use Permit 2901 located north of Winchester Road (State Highway 79) and east of Jefferson Road near Rancho California. Although the traffic generated by this proposal does not appear to have a significant effect on the State highway system, consideration must be given to the cumulative effect of continued development in this area. Any measures necessary to mitigate the cumulative impact of traffic should be provided prior to or with development of this area. We have no specific comment on this proposal. If additional information is desired, please call Mr. Thomas J. Neville at (714) 383-4384.' Very truly yours, H. N. LEWANDOWSKI District Permits Engineer December 6, 1989 Board of Directors: James A. Darby President Jeffrey L. Minkler Sr. Vice President Ralph Daily Csaba F. Ko Doug Kulberg Stephen M. Silla Richard D, Steffey John F. Hennigar Phillip L. Forbes Director of Finance- Thomas R. MeAliester Edward P. Lemons Perry. [~ Louek Linda M. Fregoeo McCormick~ Kidman & Behrens Legal Counsel Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, California 92501-3657 Subject: Water Availability Reference: APN 910-200-061 Revised C.U.P. 2901 Gentlemen: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District. Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact Senga Doherty at (714) 676-4101. Very truly yours, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon Engineering Manager F012/dpw409f cc: Senga Doherty R A N C H O C A L I F O R N I A W A T E R D I S T R I C T 28061 DIAZ ROAD · POST OFFICE BOX 9017 · TEMECULA, CA 92390-0737 · (714) 676.4101 · FAX (714) 676-0615