HomeMy WebLinkAbout99-091 CC ResolutionRESOLUTION NO. 99-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA99-
0238 A DEVELOPMENT PLAN REVISION PROPOSAL TO
RECONFIGURE A PORTION OF THE WINCHESTER MEADOWS
SHOPPING CENTER BY INCORPORATING AN ABANDON WELL
SITE AND RFLOCATING AND ENLARGING TWO UNDEVELOPED
PAD SITES ON .7 OF AN ACRE; LOCATED ON THE NORTHWEST
CORNER OF MARGARITA ROAD AND WINCHESTER ROAD,
KNOWN AS ASSESSOR'S PARCELS NO. 911-170-091 AND 911-
170-098 AND AS PARCEL 4 OF PARCEL MAP 28934.
WHEREAS, Fred Stephenson, Winston Tires, filed Planning Application No. PA99-0236, in
accordance with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. PA99-0236 was processed including, but not limited
to public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. PA99-0236 on
July 21, 1999, at a duly noticed public headng as prescribed by law, at which time the City staff and
interested persons had an opportunity to, and did testify either in suppod or opposition to this matter;,
WHEREAS, at the conclusion of the Commission headng and after due consideration of the
testimony, the Commission denied Planning Application No. PA99-0236;
WHEREAS, an Appeal was filed on July 30, 1999 requesting that Planning Applications No.
PA99-0236be brought before the City Council for their consideration;
WHEREAS, the City Council received a copy of the Commission proceedings and Staff
Reports regarding Planning Applications No. PA99-0236;
WHEREAS, the City Council conducted a public hearing pertaining to Planning Applications
No. PA99-0236 (Development Plan Revision - Appeal) on September 14, 1999, at which time
interested persons had an oppodunity to, and did testify either in suppod or opposition to Planning
Applications No. PA99-0236; and
WHEREAS, at the conclusion of the Council hearing and after due consideration of the
testimony, the Council approved Planning Application No. PA99-0236;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby incorporated by
reference.
Section 2. Findings. The City Council, in approving Planning Application No. PA99-0236
hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal
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Code:
A. The proposal, a commerdal automotive service business, is consistent with the land
use designation and polides reflected in the Community Cornmartial (CC) land use standards in the
City of Temecula General Plan, as well as the development standards for Community Commercial
(CC) development contained in the City's Development Code. The site is therefore propedy planned
and zoned and found to be physically suitable for the type and density of cornmartial development
proposed. The project as conditioned is also consistent with other applicable requirements of State
law and local ordinance, including the California Environmental Quality Act (CEQA), the City Wide
Design Guidelines,, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water
Effident Landscaping provisions, and fire and building codes.
B. The overall design of the project, including the site, building, parking, drculation and
other assodated site improvements, is consistent with and intended to protect the health and safety
of those working in and around the site. The project has been reviewed for, and as conditioned has
been found to be consistent with, all applicable policies, guidelines, standards and regulations
intended to ensure that the development will be constructed and function in a manner consistent with
the public health, safety and welfare.
C. The design of the proposed improvements is not likely to cause substantial
environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. There
are no fish, wildlife or habitat on the project site, and the project will not affect any fish, wildlife or
habitat off-site. The site is surrounded by development and is an in-fill site. Furthermore, grading
has already occurred at the site, which is a portion of a larger industrial park. The project will not
individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2
of the Fish and Game Code.
Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No.
PA99-0236 was made per the Califomia Environmental Quality Act Guidelines Section 15332. This
Section allows exemptions for in-fill development projects that meet cedain prescribed criteria. The
subject site complies with these criteria and therefore the exemption can be applied to this project.
Section 4. Conditions. That the City of Temecula City Coundl hereby conditionally approves
Planning Application No. PA99-0236 a Development' Plan Revision which proposes to reconfigure
a podion of the Winchester Meadows Shopping Center by incorporating an abandon well site and
relocating and enlarging two undeveloped pad sites on a .7 of an acre, located at the nodhwest
comer of Margadta Road and Winchester Road, known as Assessor's Parcels No. 911-170-098 and
Parcel 4 of Parcel Map 28934, and subject to the project specific conditions set forth in Exhibit A,
attached hereto, and incorporated herein by this reference.
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A ~
Section 5. PASSED, APPROVED, AND , uncil of the City of
Temecula this 14th day of September, 1999.
Stev~n J. Ford, Mayor
ATTEST:
usan 'N Joes CMCIAAE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, Califomia, do hereby
certify that Resolution No. 99-91 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 14th day of September, 1999, by the following
vote:
AYES: 5 COUNCILMEMBERS: Comerchero, Lindemans, Roberts, Stone, Ford
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Susan~/~ City Clerk
99-91 3
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA99-0236 (Development Plan, Revision)
Project Description: A request to recon~gure a portion of the Winchester Meadows
Shopping Center by incorporating an abandon well site and
relocating and enlarging two undeveloped pad sites located on
the northwest comer of Winchester Road and Margab Road.
Development Impact Fee Category: Retail Commercial
Assessor's Parcel No.:
Approval Date:
Expiration Date:
911-170-091 & 098 and Parcel 4 of Parcel Map 28934
September 14, 1999
September 14, 2001
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant shall deliver to the Community Development Department - Planning Division
a cashier's check or money order made payable to the County Clerk in the amount of
Seventy-Eight Dollars ($78.00) for the County administrative fee, to enable the C, ity to file the
Notice of Determination with a DeMinimus Finding for the Mitigated or Negative Declaration
required under Public Resources Code Section 21108(b) and Celifomia Code of Regulations
Section 15075. If within said forty-eight (48) hour pedod the applicant has not delivered to
the Community Development Department - Planning Division the check as required above,
the approval for the project granted shall be void by reason of failure of condition [Fish and
Game Code Section 711.4(c)].
General Requirements
e
The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection,
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 from any and all claims, actions, awards,
judgements, or proceedings against the City to attack, set aside, void, annul, 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 votere of the City, conceming the Planning
Application. City shall promptly notify the 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 its dght 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.
The applicant shall comply with all underlying conditions of approval for PA97-0305
(Development Plan) and PA97-0368 (Tentative Parcel Map TPM 28697) which previously
applied and/or unless superseded or amended by these conditions of approval.
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4. This approval shall be used within two (2) 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 (2) year period which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
5. The development of the premises shall conform substantially to Exhibit E (Site Plan-Revised),
approved with Planning Application No. 99-0236, or as amended by these conditions.
6. Pedestrian access shall be provide to all buildings and fadlities that complies with applicable
disabled access regulations including the Califomia Disabled Access Regulations.
DEPARTMENT OF PUBLIC WORKS
Unless otherwise noted, the Developer at no cost to any Govemment Agency shall complete all
conditions. It is understood that the Developer correctly shows on the site plan all existing and
proposed property lines, easements, traveled ways, improvement constraints and drainage courses,
and their omission may require the project to be resubmitted for further review and revision.
7. Pdor to Issuance of a Building Permit
8. The approved Grading Plan shall be revised to incorporate the changes and shall be
prepared by a registered Civil Engineer and shall be reviewed and approved by the
Department of Public Works. The grading plan shall include all necessary erosion control
measures needed to adequately protect adjacent public and private property.
9. The applicant shall provide a copy of the recorded document, which reflects that the Rancho
California Water Distdct well site has been abandoned to the Department of Public Works.
10. The Developer shall extend the existing ingress/egress easement from Parcel 4 of Parcel
Map No. 28939 to this project site.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformanca
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Community Development Depadment approval.
Applicant's Signature
Date
Name printed
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