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Home My WebLink About90-035 CC ResolutionRESOLUTION NO. 90-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CLIP NO 3076 AMENDMENT NO. 1, TO PERMIT OPERATION OF AN AUTO DEALERSHIP AT YNEZ ROAD (A.P. NO. 921-080-039) WHEREAS, Dan Atwood filed CUP No. 3076 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 processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said CUP on 2/14/90, at which time interested persons had an opportunity to testify either in support or opposition, and WHEREAS, at the conclusion of the Commission's hearing the Commission approved said CUP; and WHEREAS, Keith M. Andrews of Toyota of Temecula Valley appealed the Commissions determination to the City Council; WHEREAS, the City Council conducted a public hearing pertaining to said appeal on March 27, 1990, at with time interested persons had opportunity to testify either in support or opposition to said CUP; and WHEREAS, the City Council received a copy of the Director's proceedings and Staff Report regarding the CUP appeal; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the Temecula City Council hereby makes the following findings: 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 Resos 90-35 Co 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 the general plan proposal being considered or studied or which will be studied within a reasonable time. 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. 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. The proposed CUP No. 3076 is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with the preparation of the general plan. Rews 90-35 (2) The City Council 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 the CUP No. 3076 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 said CUP is ultimately inconsistent with the plan. (c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. Eo 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. As conditioned pursuant to Section 3, the CUP is compatible with the health, safety and welfare of the community. Fe The applicant need not comply with Conditions 1 through 4, of the Road Commissioner's letter, dated February 13, 1990, because the improvements described in said conditions are to be provided pursuant to Community Facilities District No. 88-12, Assessment District No. 161, and the construction of Palm Plaza, and further, the impact of the auto dealership being in operation prior to said improvements is negligible. Section 2. Environmental Compliance. An initial study prepared for this project indicates that the proposed project will not have a significant impact on the environment, and a Negative Declaration, therefore, is hereby granted. Section 3. Conditions. That the City of Temecula City Council hereby approves CIJP No. 3076 for the operation and construction of Toyota of Temecula Valley located at A.P. No Rcma9~35 921-080-039 subject to the following conditions: A. Exhibit A, attached hereto, except that Conditions 1 through 4 of the Road Commissioner's letter, dated February 13, 1990, are waived. B. Payment of the applicable appeal fees to the City of Temecula. Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS 3rd day of April, 1990. ATTEST: Ronald J. Parks, Mayor Ju~reek, Deputy City-~l~~er [SEAL] Resos 90-3S STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) $S CITY OF TEMECULA ) I, June S. Greek, Deputy City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 90-35 as duly adopted at a regular meeting of the City Council of the City of Temecula on the 3rd day of April, 1990, by the following roll call vote. AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 C OUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Ju , Deputy City Clerk Resos 90-35 3an Atwood 2380 First St. San Bernardino, CA 93063 RIVERSIDE COUNTY PLANNING DEPARTMENT CONDITIONS OF APPROVAL FAST TRACK NO. 038-89 CONDITIONAL USE PERMIT NO. 3076, Amd Project Description: Auto dealership including sales and service. Assessor's Parcel No.:921-080-039 District/Area= Temecula The use hereby permitted by this plot plan is for a Toyota dealership including sales, service, and administration. The permittee shall defend, indemnify, and hold harmless the Coun:y of Riverside, its agents, officers, and employees from any claims, action, or proceeding against the County of Riverside or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the County of Riverside, its advisory agencies, appeal boards, or legislative body concerning CONDITIONAL USE PERMIT NO. 3076, Amended #1. The County of Riverside will promptly notify the permittee of any such claim, action, or proceeding against the County of Riverside and will cooperate fully in the defense. If the County fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, ~he permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the County of Riverside. This approval shall be used within two (2) years of approval date; otherwise it shall become null and void and of no effect whatsoever. 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. The development of the premises shall conform substantially with that as shown on plot plan marked Exhibit A, Amended #1, or as amended by these conditions. In the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void. 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 street improvement recommendations outlined in the County Road Department's transmittal dated 02-13-90, a copy of which is attached. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside Count}' Health Department's transmittal dated 03-13-90, a copy of which is attached. CUP NO. 3076 FAST TRACK NO. 038-89 nditions of Approval 10. !1. 12. 14. 15. 16. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated 02-05-90, a copy of which is attached. Fire protection shall be provided in accordance with the appropriate section of Ordinance No. 546 and the County Firs Warden's transmittal dated 02-06-90, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Department of Building and Safety - Land Use Section's transmittal dated 01-24-90, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Department of Building and Safety - Grading $ection's transmittal dated 02-06-90, a copy of which is attached. The applicant shall comply with the r~oommendations set forth in the Riverside County Geologist's transmittal dated 08-02-83, a copy of which is at=ached. The applicant shall comply with the recommendations set forth in the San Bernardino County Museum's transmittal dated 01-24-90, a copy of which is attached. A paleontologist shall be on site for the entire grading operation. The paleontologist will be authorized to divert and direct grading opera=ions to facilitate the evaluation and, if necessary the salvage of exposed fossils. The project proponent will pay for the analysis of any fossil finds and subsequent report preparation and cura:ion. (Added per Planning Commission on 2/14/90) The applicant shall comply with the recommendations set forth in the Department of Transportation's transmittal dated 01-10-90, a copy of which is attached. 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. CUP NO. 3076 ~AST TRACK NO. 038-89 Conditions of Approval 17. 18. 19. 20. Prior to the issuance of building permits, six (6) copies of a Parking, Landscaping, Irrigauion, and Shading Plans shall be submitted to the Planning Department for approval. The location, number, genus, species, and container size of the plants shall be shown. Plans shall meet all requirements of Ordinance No. 348, S~ction 18.12, and ~halI be accompanied by a filing fee as set forth in Section 18.37 of Ordinance No. 348. The irrigation plan shall be in accordance with Ordinance No. 348, section 18.12 and include a rain shut-off device. In addition, the plan will incorporate the use of in-line check valves, or sprinkler heads with incorporated check valves to prohibit low head drainage. A minimum of 103 parking spaces shall be required in accordance with Section 18.12, Riverside County Ordinance No. 348. 115 parking spaces shall be provided as shown on the Approved Exhibit A. The parking area shall be surfaced with asphaltic concrete paving to a minimum depth of 3 inches. on ~ inchms of Class II base. A minimum of three (3) 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 reflectorizod sign constructed of porcelain on steel, beaded teat 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 of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum h~iqht 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, 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 telephoning " In addition to the above rsquirementm, 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. ! 3 CUP NO. 3076 7AST TRACK NO. 038-89 Conditions of Approval 21. 22. 23. 25. Prior to the issuance of building permits, the applicant shall obtain clearance and/or permits from the following agencies: Road Department Environmental Health Bldg. & Safety (Grading) Riverside County Flood Control Fire Department CALTRANS Written evidence of compliance shall be presented to the Land Use Division of the Department of Building and Safety. If signage is proposed, a separate plot plan accompanied by The appropriate fees as set forth in Ordinance No. 348 shall be submiUtsd and approved by the Planning Department prior to sign installation. 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 ~xhibit M-1 (Materials Board) and Exhibit M-2 (Color Elevations). These are as follows: Use Mater{a] EO~or Roof Mission Tile by monier Mission Red Siding Stucco Paint Cream %103 Detratrend Cie!o Blanco %250 Exposed wood Frames Decratrend Russet (721) Black Anodized Prior to the final building inspection approval by the Building and Safety Department, an six (6) eight foot high precision decorative block wall shall be constructed along the perimeter cf the service area. The required wall shall be subject to the approval of the Director of the Department of Building and Safety and the Planning Director. (Sunended at Planning Commission on 2/14/90) Roof-mounted equipment shall be shielded from ground view. material shall be subject to Planning Department approval. Screening CUP NO. 3076 ST TRACK NO. 038-89 uonditions of Approval 27. A total of one large trash enclosure which is adequate to enclose an adequate supply of bins shall be located within the project, and shall be constructed prior to the issuance of occupancy permits. The enclosure shall be eight feet in height and shall be made with masonry block and a gate which screens the bins from external view. 28. 29. 30. 32. 33. Landscape screening shall be designed to be opaque up to a minimum height of six (6) feet at maturity. Landscaping plans shall incorporate the use of specimen canopy trees along streets and within the parking areas. 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 and the Riverside County Comprehensive General Plan. This project is located within a Subsidence Report Zone. Prior to issuance of any building permit by the Riverside County Department of Building and Safety, a California Licensed Structural Engineer shall certify that the intended structure or building is safe and structurally integrated. This certification shall be based upon, but not be limited to, the site specific seismic, geologic and geotechnical conditions. Where hazard of subsidence or fissure development is determined to e~ist, appropriate mitigation measures mu~t be demonstrated. Prior to the issuance of grading permits, the applicant shall comply with the provisions of Ordinance No. 663 by paying the fee required by that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment cf the fee required by Ordinance No. 663, the applicant shall pay the fe~ required under the Habitat Conservation Plan as implemented by County ordinance or resolution. A total of five (5) Class II bicycle racks shall be provided in convenient locations to facilitate bicycle access to %he project area. 5 CUP NO. 3076 FAST T~ACK NO. 038-89 nditions of Approval 34. Prior to 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 Departmen~ of Building and Safe~y. 35. 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. 36. All utilities, except electrical lines rated 33kV or greater, shall be installed underground. Prior to any use allowed by this plot plan, the applicant shall obtain clearance from the Department of Building and Safety - Land Use Section that the uses found on the subject property are in conformance with Ordinance No. 348. 38. Prior =o the issuance of any occupancy permit, the applicant shall prepare and submit a written report to the ~lanning Director of the County of Riverside demonstrating compliance with Conditions 14 and 14a of Conditional Use Permit No. 3076. (Added per Planning Commission on 2/14/90) 39. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. $A:sc 2/23/90 OFFICE OF ROAD COI~IdI$$10NER & COUNTY SURVEYOR LeRoy D. Smoot co~,~,ss,o.t. & coum,~ su.vrrot February Riverside County Planning Commission 4080 Lemon $~reet Riverside, CA 92501 Re t (Auto Sales Facility) CU 3076 - Amend #1 Team 5 - SZ~D #9 A~ #111-111-111-9 FTA #038-89 Ladies and Gentlemen: The Transportation Planning s:aff has reviewed the :raffi¢ sCudy for =he above referenced project. The craffic study has been prepared in accordance with accepted traffic engineering standards and practices, utilizing Coun=y approved guidelines. We generally concur with :he Zin~ings relative to ~ra~fic impac=s. The study indicates a projected Level of Service "D" a: Winchester Road and Ynez Road. The Soughwes: Area Community Plan identifies peak hour Level of Service "D" as acceptable. As such, the proposed project is consistent with this General Plan policy. The following conditions of approval incorporate mitigation measures l~entifie~ in the ~raffic study which are necessary to achieve the required level of service~ e Pciez to ieouanco oi a buitdin9 permi¢, an o~eau:ed ~.~m~ozL~.ion s%,all h~ p. ovid~d ~ Lh~- c~,,sL~a~i~ ~f .l~%alO on ~a ~inchoo~e.~-~oad/~n~e~oua~c 13 ram~m. Res& a~11 t-~f~ etudy v~r~o~d one ~~Lund [of= tu~ l~c, 1~O, ~ wa~.d left Lug,, ,--wVl~)~ t~tgh l~on, ~d-one wc~'L~,d ~i~hL L~ 1~,~. CU 3076 - Amend F~bruary 13, zggo Page Z This lane configuration is the minimum required to meet the General Plan requirements £or =his project. Coordination with other nearby proJeots i~ highly recommended to insure orderly development of areawide in=,reaction improvements needed. With respect to the conditions o~ approval for the referenced exhibit, the Road D~partment recommends that the applicant provide the following street improvements, street improvement plans and/or road dedications in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 451). It is understood that the exhibit correctly shows all existing easements, traveled ways, and drainape courses with appropriate Q's, and that their omission or unacceptability may require the map to be resubmitted for fur:her consideration. These Ordinances and'the following conditions are essential par~s and a requir~ment occurring in ONE is as binding as though occurring in all. They are intended to be complementary and to describe the conditions for a complete design of the improvement. All questions regarding the true meaning of the conditions shall be referred to the Road Commissioner's Office. Prior to issuance of a building permit or any use allowed by this permit, the ap~licant shall comDlete the following conditions at no cost ~o any government agency: Sufficient right of way along Ynez Road shall be conveyed for p~blic use to provide for a ~7 foot half width right of way. The traffic signal mitigation has been met on this project. I~ was paid on Aug. 29, 1984 on underlying PM 19145. Prior to occupanc'~ or any use allowed by this permit, the applicaa: shall oonstruc: the following at no cost to any government agency= ¥nez Road shall be improved wi~h concrete curb and ~utt~r located 55 feet from centerline and match up asphalt concrete paving; reconstruction; or resurfacing of existing pav/.ng as determined by the Road Commissioner within a 67 foot half width dedicated right of way in accordance with Coun:y Standard No. 100A. Asphalt emulsion (fog seal) shall be applied not less than fourteen days following placement of the asphalt surfacing and shall be applied a: a ra:e of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section 37, 39' and 94 of the State Sta]~dard Specifica:i~ns. ~u ~u/o - ,~rnend Fobruary 13, 1990 Page 3 11. 12. .1.3. 14. 1.5. 16. 17, 18. Six foot wide concrete sidewalks shall be constructed along Ynez Road in accordance with County Standard No. 400 and 401 (curb sidewalk). Improvement plans shall be based upon a centerline profile ex~ending a minimum of 300 feeC beyond =he project boundaries at a grade and alignment as approved by ~he Riverside County Road Commissioner. Completion of road /mprovemen=s does not imply acceptance for main- tenants by County. Drainage control shall be as per Ordinance 460, Section 11.1. All work done within County right of way shall have an encroachment permit. · he single driveway shall conform to Riverside County Standards. the applicable The single entrance driveway shall be channelized with ooncrete curb and gutter to prevent "back-on" parking and interior drives from entering/exiting driveways for a ml~/~um distance of 35 feet measured from face of curb. The street design and improvement concept o~ this shall be coordinated with B23-8. S~=eet lighting shall be required for a discretionary permit in accordance with Ordinance 460 and 461. The County Service Area (CSA) Administrator determines whether this pro~x~sal qualifies under an existing assessment district or not. If not, the land owner shall file, after receiving tentative approval, for an application wi~h LAFC0 ~or annexation in[o or creation of a "Lighting Assessment District" in accordance with Governmental Code Section 56000. A s~riping plan is required for Ynez Road. The removal of the existing s~riping shall be the responsibility of applicant. Traffic signing and striping shall be done by County forces with all incurred costs borne by the applicant. Any landscaping witkin public road rights of way shall comply wl~h Road Departmen: s:andards and require approval by :he Road Co~missioner a~d assurance of continuing maintenance through the establish~ent of a landscape maintenance district/maintenance agreement or similar ru~ru~ry ~J, ~990 Page 4 mechanism as approved by the Road Commissioner. Landscape plans shall be submitted on standard County Plan sheet fore, at (24" x .35"). Landscape plans shall be submitted with the street ~mprovemen~ pla~s and shall depic~ ~ s~¢h landscaping, irrigation and related facilities as are ~O be placed within the public road rights-of-way. LAT,Jw