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HomeMy WebLinkAbout17-06 CC Resolution RESOLUTION NO. 17-06 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION PA16-1657, A MAJOR MODIFICATION APPLICATION TO ALLOW REVISIONS TO A RECENTLY APPROVED CAR WASH GENERALLY LOCATED AT THE NORTHWEST CORNER OF JEFFERSON AVENUE AND DEL RIO ROAD AT 28111 JEFFERSON AVENUE (APN: 921-060-006) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The City Council, at a regular meeting, considered the Application and environmental review on January 10, 2017, 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. B. At the conclusion of the City Council hearing and after due consideration ' of the testimony, the City Council approved Planning Application No. PA16-1657 subject to and based upon the findings set forth hereunder. C. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The City Council, in approving the Application hereby finds, determines and declares that: Modifications, Development Code Section 17.05.030.E A. The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The modification will allow for architectural revisions to a previously approved Development Plan. The use will remain as originally approved and therefore will still meet all applicable requirements of State law and other Ordinances of the City. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The modification will only allow for architectural revisions to a previously approved project. All requirements related to the public health, safety, and general ' welfare that have been reviewed and approved under the original approval remain valid with this modification. Resos 17-06 1 Section 3. Environmental Findings. The City Council hereby makes the ' following environmental findings and determinations in connection with the approval of the Development Plan Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, Class 32, In-Fill Development Projects); The modification will allow for revisions to a previously approved development plan. The project is within City limits on a site smaller than 5 acres and has been found to be consistent with the General Plan and all applicable Zoning regulations. The project site is a former gas station on a project site surrounded by commercial development. Utilities are available for the use. The site has no value as habitat for endangered, rare, or threatened species. The use is allowed in the governing zoning district upon approval of a Conditional Use Permit and will not result in any significant effects relating to traffic, noise, air quality, or water quality. Section 4. Approival with Conditions. The City Council of the City of Temecula hereby approves Planning Application No. PA16-1657, a Major Modification application to allow revisions to a previously approved car wash generally located at the northwest corner of Jefferson Avenue and Del Rio Road at 28111 Jefferson Avenue subject to the ' Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of January, 2017. aryann Edwards, Mayor ATTEST: Ran di ity Clerk [SEAL] Resos 17-06 2 STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 17-06 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of January, 2017, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Rahn, Stewart, Edwards NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ' Randi Johl, City Clerk 1 Resos 17-06 3 ' EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA16-1657 Project Description: Uptown Auto Spa Major Modification: A Major Modification application to allow revisions to a recently approved car wash generally located at the northwest comer of Jefferson Avenue and Del Rio Road at 28111 Jefferson Avenue Assessor's Parcel No.: 921-060-006 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Quimby Category: N/A(Non-Residential Project) ' Approval Date: January 10, 2017 Expiration Date: January 10, 2019 PLANNING DIVISION General Requirements 1. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards,judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 2. Expiration. This approval shall be used within 2 years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or ' the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. ' 3. Time Extension. The Director of Community Development may,upon an application being filed prior to expiration, and for good cause, grant a time extension of up to three (3) one-year extensions of time, one year at a time. 4. Conformance with AoDroved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 5. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls,or other structures. 6. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids,gels, powders, sediment,fertilizers, landscape debris,and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 7. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment,techniques, finishes or similar matters are specified, shall be deemed satisfied by City staffs prior approval of the use or utilization of an item, material, equipment,finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, In which case the real party in interest may appeal, after payment of the regular cost of an appeal, ' the decision to the Planning Commission for its decision. Vacuum Stations/Shade Structures: Sun Shade Fabric Kiosk Stations: Seam Metal Roof, Colonial Red Towers and Dome: Louvard Venting in place of windows, Dome to be constructed of fiberglass with coper finish. Wainscoting: Stucco, Desert Valley 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Previous Conditions of Approval. All previous Conditions of Approval from PA15-0520 and PAII 5-0521 shall remain in full effect unless superseded herein. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 10. Comoliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit.