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HomeMy WebLinkAbout97-060 CC ResolutionRESOLUTION NO. 97-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TI~v!ECULA APPROVING PLANNING APPLICATION NO. PA96-0345 (DEVELOPMENT PLAN- APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA96-0345 (DEVEIOPMENT PLAN) TO DESIGN AND CONSTRUCT A 648 SQUARE FOOT AUTOMATED CAR WASH, A 875 SQUARE FOOT CONVENIENCE MART (WITHOUT ALCOHOLIC BEVERAGE SALES), AND A 1,645 SQUARE FOOT FAST FOOD RESTAURANT WITH DRIVE- TItROUGH SERVICE ON 0.794 ACRES LOCATED AT THE SOUTHWEST CORNER OF MARGARITA ROAD AND YUKON, WITHIN THE PALOMAR VILLAGE SHOPPING CENTER, AND KNOWN AS ASSESSOR'S PARCEL NO. 921-700-017. WHEREAS, Nick Goyal filed Planning Application No. PA96-0345 (Development Plan) in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA96-0345 (Development Plan) was processed in the time and manner prescribed by State and local law; ~, the Community Development Director considered Planning Application No. PA96-0345 (Development Plan) on March 13, 1997 at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, the Community Development Director approved Planning Application No. PA96-0345 (Development Plan) with revised Conditions of Approval on March 13, 1997; WHEREAS, Planning Commissioner Marcia Slaven notified the Community Development DeInu'trnent in writing on March 25, 1997 of her desire for Planning Application No. PA96-0345 (Development Plan) to be reviewed and considered by the Planning Commission; WHEREAS, the Planning Commission considered Planning Application No. PA96-0345 (Development Plan) on April 7, 1997, at which time interested persons had an opportunity to testify either in support of or opposition to the previously approved project; WHEREAS, the Planning Commission, after reviewing the staff report, receiving the applicant's presentation, and hearing all public testimony upheld the decision of the Community Development Director and added additional conditions of approval on Planning Application No. PA96-0345 (Development Plan) to protect the surrounding community; R¢sos/97-60 I the Planning Commission adopted Resolution No. 97-007 on April 21, 1997; WHEREAS, Planning Application No. PA96-0345 (Development Plan - Appeal) was filed May 6, 1997; WHEREAS, the City Council conducted a public heating pertaining to Planning Application No. PA96-0345 (Development Plan - Appeal) on June 10, 1997, at which time interested persons had an opportunity to testify either in support of or opposition to the previously approved project; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA96-0345; NOW, TI-IEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. f'mdings; to wit: Findings. That the Temecula City Council hereby makes the following A. That the proposed commercial land use is appropriately located within a Community Commercial Zoning District that is part of the Palomar Village Shopping Center; B. 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 project is consistent with all City Ordinances including: the City's Development Code, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions; C. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project as proposed complies with all City Ordinances and meets the standards adopted by the City of Temecula designed for the protection of the public health, safety and welfare; Do surrounding area; That the design and layout of the facility minimize its impact on the E. That to ensure the facility's compatibility with the surrounding area, the following items need to be addressed in the project's design and the Conditions of Approval: for fuel deliveries; Limiting the hours of operation for the service station and the times Rcws/97-60 2 2. Preventing off-site light spillage from under the pump canopy; of the site; e Enhancing the screening and landscaping along the northern portion 4. Requiring appropriate methods to prevent fuel spills and contaminated urban runoff from reaching area storm drains and stream channels; and, car wash. Reducing the potential noise impacts from the proposed self-service F. That an Initial Study was prepared for the project and it has been determined that although the proposed project could have a significant effect on the environment, these effects are not considered to be significant due to mitigation measures contained in the project design and in the Conditions of Approval added to the project. G. That the project will not result in an impact to endangered, threatened or rare species or their habitats, including but not limited to plants, fish, insects, animals and birds. The project site has been previously disturbed and graded, and street scape installed on site. There are no native species of plants, no unique, rare, threatened or endangered species of plants, no native vegetation on or adjacent to the site. Further, there is no any indication that any wildlife species exist, or that the site serves as a migration corridor. Section 2. Environmental Conlpliance. 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. A De Minimus Impact finding can be made for this project. Section 3. Approval The City Council hereby upholds the decision of the Planning Commission and conditionally approves Planning Application No. PA96-0345 (Development Plan) subject to the Conditions of Approval contained in Attachment A. R~o~/97-60 3 Section 4. PASSED, APPROVED, AND ADOPTED this 10th day of lune, 1997. ATTEST: Patricia H. Birdsall, Mayor Jun~reek, CMC/~~~-j City Clerk [SE L] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 9740 was duly and reg~_fl_arly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 10th day of June, 1997 by the following vote, to wit: AYES: 5 NOES: 0 COUNCILMEMBERS: COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall None ABSENT: 0 COUNCILMEMBERS: None June S. Greek, CI~AAE City Clerk Reso~/9740 4 CITY OF TEMECULA CONDITIONS OF APPROVAL Revised June 10, 1997 Planning Application No. PA96-0345 {Development Plan) Project Description: To construct and operate a Shell automobile service station with a 648 square foot automated car wash, a 875 square foot convenience mart (without alcoholic beverage sales) and a Kentucky Fried Chicken 1,645 square foot fast food restaurant with drive-through service. All uses shall operate seven (7) days per week. The service station is proposed to operate fro,h G a.,tt. to ~fidl~ight 24-hours from 5 a.m. to midnight; the car wash operation shall be limited to 7 a.m. to 10 p.m.; and the fast-food restaurant shall operate 6 a.m. to 10 p.m. (Amended by the F/arming Director. March 13, 1997) (Amended by the P/arming Commission, Apri/ 7, 1997) Assessor's Parcel No. Approval Date: Expiration Date: 921-700-017 March 13, 1337 Apri/21, 1397 June 10, 1997 March 13, 1:333 Apri/2 I, 1933 June 10, 1999 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration with a DeMinimus Finding required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department 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 The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an 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 Planning Application No. PA96-0345 (Development Plan). City shall promptly notify the developer/applicant of any claim, action, or proceeding for which indemnification is sought and shall further cooperate fully in the defense of the action. 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 R:\$TAFFRPT~345PA96.CCC 6/17/97 ~ 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 the approval. All fu~t deliveries ~hall be betwe~ the hours of 7 a.,,,. to 7 p.,n. 5 a.m. to midnight. The applicant shall submit a fuel truck routing and scheduling plan to the Planning Manager for review and approval prior to the issuance of an occupancy permit. (Added by the Planning Commission, April 7, 1997) (Arne~ded by the Planning Commission, April 21, 1997) (Amended by the City Council June 10, 1997) Acoustic impacts to adjacent properties shall not exceed ambient noise levels per the City's General Plan. (Amended by the Planning Commission, April 7, 1997) o The development of the premise:_= shall conform substantially with Exhibit "A" Site Plan approved with Planning Application No. PA96-0345, or as amended by 'these conditions. ao Prior to the issuance of a building permit, the applicant shall submit a site p/an showing the location of trash receptacles for all uses, subject to review and approval by the Planning Manager. (Added by the Planning Director, March 13, 1997) bo Prior to the issuance of a building permit, the applicant shall submit a site plan showing the location, materials and elevation of a wall at the north side of the project, subject to review and approval by the Planning Manager. (Added by the Planning Director, March 13, 1997) Prior to the issuance of a building permit, the applicant shall submit a site plan showing the location of a catch basin installed to trap all on-site waste products, (Amended by the Planning Commission, April 7, 1997) The applicant shall construct a wrought iron fence along the west side of the proposed drive-through aisle. Landscaping shall also be installed in this area to eventually soften the appearance of the fencing. (Added by the City Council, June 10, 1997) The building shall conform substantially with Exhibit "BI," "B2," and "B3" Elevations; Exhibit "C1," "C2," and "C3" Color Elevations; and Exhibit "D" Floor Plan, approved with Planning Application No. PA96-0345 or as amended by these conditions. Material Color Building walls Cement plaster to match shopping center Roof Metal to match shopping center Decorative stonework To match shopping center Accent stripe for building, car wash, canopy Cement plaster in Shell yellow Cupola To match building roof and shopping center a. Roof-mounted mechanical equipment shall be screened from public view. R :\STAFFRPT~345 PA96 CCC 6/17/97 A lighting plan shall be submitted for review and approval that indicates fixture type, dimensions, color and materials. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of- way. Service canopy light fixtures shall be recessed. Lighting shall comply with Ordinance No. 655 regarding light pollution. Light fixtures shaft be installed/n such a manner that no light sp///age occurs beyond the boundaries of the project site. (Amended by the Planning Commz~sion, April 7, 1997) Go The applicant shall use colors that are compatible with the color palette existing for the Palomar Village Shopping Center. If the color white is used, it shall be for accent only. Landscaping shall be installed in substantial conformance with Exhibit "E" Conceptual Landscape Plan approved with Planning Application No. PA96-0345 or as amended by these conditions. a. All utilities on site shall be appropriately screened. b. Root barriers shall be provided for all trees within five feet of hardscape. The applicant shall ensure that mature trees do not interfere with driveway sight lines or overhead power lines. A final grading plan shall be submitted along with final landscape construction plans so that cross checking for erosion control can be performed. The applicant shall comply with Ordinance No. 94-22 regarding water conservation. Additional shrubs shall be planted on the northern berm to create a dense barrier to catch debris prior to routine cleanup of the site. Shrubs along the wall separating the project site from Yukon Road shall be moved from the inside of the wall facing the project to the outside of the wall facing Yukon. (Amended by the Planning Commission, April 7, 1997) All trees planted on the site shaft be a mixture of deciduous and evergreen species. However, trees along Yukon Street shaft be primarily evergreen. All new trees shall be predo,),inently 24-inch box in size. (Added by the Planning Commission, April 7, 1997) (Amended by the Planning Commission, April 21, 1997) Prior to Issuance of Grading Permits The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code. 10. The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. R: \STAFFR PT~ 345PA96. CCC 6/17/97 Prior to the Issuance of Building Permits 11. A Consistency Check fee shall be paid. 12. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Planning Department to ensure the payment or exemption from School Mitigation Fees. 13. Thre~ (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval and shall be accompanied by the appropriate filing fee. The location, number, genus, species, and container size of the plants shall be shown. These plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. 14. The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program h=.ve been satisfied for this stage of the development. Prior to the Issuance of Occupancy Permits 15. Sign approvals are not part of this development plan. An application for signage shall be submitted and approved by the Planning Manager. No sign shall be affixed on, above or over the roof of any building, including service station canopies. 16. All landscaped areas shall be planted in accordance with approved landscape, irrigation, and shading plans. 17. All required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Planning Manager. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 18. 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. R:\STAFFRPT~345PA96.CCC 6117197 cad 19. Performance securities, in amounts to be determined by the Planning Manager 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 Planning. 20. The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage'of the development. 21. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. DEPARTMENT OF BUILDING AND SAFETY 22. Comply with applicable provisions of the 1994 edition of the California Building, Plumbing and Mechanical Codes; 1993 National Electrical Code; California Administrative Code Title 24 Energy and Disabled access regulations and the Temecula Municipal Code. 23. Submit at time of plan review complete exterior site lighting plans in compliance with Ordinance No. 655 for the regulation of light pollution. 24. Obtain all building plan and permit approvals prior to commencement of any construction work. 25. Obtain street addressing for all proposed buildings prior to submittal for plan review. 26. The Occupancy Classification of the proposed use shall be B/M/S-3 (KFC/Sales/Fuel Dispensing, Carwash). '27. All building and facilities must comply with applicable disabled access regulations and must be fully detailed for plan check submittal. (California Disabled Access Regulations effective April I, 1994). 28. Provide van accessible parking located as close as possible to the main entry. Provide dimensions (space #10). 29. Provide house electrical meter provisions for power for the operation of exterior lighting and fire alarm systems. 30. Restroom fixtures, number and type, to be in accordance with the provisions of the 1994 edition of the Uniform Plumbing Code, Appendix C. 31. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 32. Provide electrical plan including load calcs and panel schedule, plumbing schematic and mechanical plan for plan review. R:~STAFFRPT~345PA96.CCC 6/17/97 cad 33. Truss calculations that are stamped by the engineer of record, the truss manufacturer's engineer, and that have been plan checked and stamped by the plan check agency and the City, are required before sheet and shear inspection. 34. Provide an approved Precise Grading Plan with plan check submittal to check for handicap accessibility. PUBLIC WORKS DEPARTMENT The following are the Department of Public Works 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 appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 35. A Grading Permit for either rough or precise (including all onsite flat work and improvements) grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 36. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 37. All grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 38. All plans shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of Grading Permits: 39. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOl) has been filed or the project is shown to be exempt. 40. The Developer must comply with applicable source control and treatment control best management practices (BMPs) as identified in the "California Stormwater 8MP Handbook" for industrial and commercial uses, to satisfy NPDES and the City. (Added by the Planning Commission, April 7, 1997) 41. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Planning Department Department of Public Works Eastern Municipal Water District R:\STAFFRP~345PA96.CCC 6/17/97 Cad 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. Rancho California Water District Community Services District General Telephone Southern California Edison Company Southern California Gas Company A Precise Grading Plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works. The plan shall comply with the Uniform Building Code, City Standards and as additionally required in these Conditions of Approval. A Soils Report prepared by a registered Soils Engineer shall be submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. An Erosion L;ontrot Plan in accordance with City Standards shall be designed by a registered Civil Engineer and approved by the Department of Public Works. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. A flood mitig~,don 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 Riverside County Flood Control and Water Conservation District prior to issuance of any permit. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. The Developer shall obtain any necessary letters of approval for offsite work performed on adjacent properties as directed by the Department of Public Works. Concentrated onsite runoff Shall be conveyed in concrete ribbon gutters or underground storm drain facilities to an adequate outlet as determined by the Department of Public Works. Letter of approval or a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on.the precise grading plan. The Developer shall accept and properly dispose of all off-site drainage flowing onto or through the site. R:\$TAFFRPT~345PA96CCC 6/17/97 cad 53. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 54. The following criteria shall be observed in the design of the improvement plans and/or precise grading plans to be submitted to the Department of Public Works: 'Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. All drive areas shall be designed for two-way, 24-foot travelways with unobstructed access across the proposed multi-use site. All driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Prior to issuance of Building Permit: 55. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Planning Department Department of Public Works 56. All building pads 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. 57. The Developer shall deposit with the Engineering Department a cash sum as established per acre as mitigation for traffic signal impact. 58. The Developer shall notify the City's cable TV Franchises of the intent to develop. Conduit shall be installed to cable TV Standards prior to issuance of Certificate of Occupancy. 59. The 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. The fee to be paid shall be 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 the Developer requests its building permit 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 the Developer. Concurrently, with executing this Agreement, the Developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed 510,000. The 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). By execution of this Agreement, the Developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee R:\STAFFRP'I~345PA96.CCC 6/17/97 cad for this project; provided that the Developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. Prior to issuance of Certification of Occupancy 60. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: ' Rancho California Water District Eastern Municipal Water District Department of Public Works 61. The Developer shall confirm that reciprocal access and parking easement agreements are in place for all shared private facilities. 62. All o~site improvements shall be constructed and completed per the approved plans and City standards, including but not limited to curb and gutter, A.C. pavement, sidewalk, drive approaches, and landscaping, as directed by the Department of Public Works. 63. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. 64. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. OTHER AGENCIES 65. The applicant shall comply with the recommendations set forth by the Rancho California Water District transmittal dated December 24, 1996, a copy of which is attached. 66. The applicant shall comply with the recommendations set forth by the Riverside County Flood Control and Water Conservation District transmittal dated February 4, 1997, a copy of which is attached. 67. The applicant shall comply with the recommendations set forth by the Riverside County Department of Environmental Health transmittal dated December 26, 1996, a copy of which is attached. 68. The applicant shall comply with the recommendations set forth by the Fire Department transmittal dated February 4, 1997. R:\STAFFRPT~345PA96.CCC 6/17/97 cad