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HomeMy WebLinkAbout03-19 DH ResolutionDH RESOLUTION NO. 2003-019 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0166, A CONDITIONAL USE PERMIT APPLICATION FOR A 6,256 SQUARE FOOT SELF-SERVE CAR WASH FACILITY, INCLUDING 6 WASH BAYS AND EIGHT DRY BAYS, LOCATED ON THE SOUTH SIDE OF VIA RIO TEMECULA, APPROXIMATELY 160 FEET WEST OF REDHAWK PARKWAY, FURTHER KNOWN AS APN: 961-080-023 WHEREAS, Blake Scripps filed Planning Application No. PA03-0166, in a manner in accord with the City of Temecula General Plan, Development Code; WHEREAS, Planning Application No. PA03-0166 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Director, at a regular meeting, considered Planning Application No. PA03-0166 on August 21, 2003, 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; WHEREAS, at the conclusion of the Planning Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA03-0166 subject to the conditions after finding that the project proposed in Planning Application No. PA03-0166 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section2. Findinqs. The Planning Director, in approving Planning Application No. PA03-0166 (Conditional Use Permit) hereby makes the following findings as required by Section 17.04.010 of the Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code; Staff has reviewed the proposal and finds that the site is properly planned and zoned and found to be physically suitable for the type of the proposed use. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures; R; Planning/CUP/2003/03-0166, Via Rio Temecula Car Wash/CUP-DH Resolution The project site is surrounded by commercial uses and the proposed project includes a use that generates minimal vehicular trips and is not considered an intense use. In addition, the project site has been planned to include additional large trees and shrubs to screen to the project site from the distant residences and public view. The buildings are designed to blend with the surrounding development and therefore will not adversely affect the adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in this development code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood; The site is adequate in size and shape to accommodate the proposed car wash facility without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code in order to integrate the use with other uses on the site and in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The nature if this use is not detrimental to the health, safety and general welfare of the community because the proposed project is providing a service that is need in the surrounding community and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the community. Section 3. Environmental Compliance. A Notice of Exemption has prepared and adopted by the Director of Planning in accordance with Class 32, Section 15332 of CEQA Guidelines. Whereas, no further environmental review if required for the proposed project. Section 4. Conditions. That the City of Temecula Director of Planning hereby approves Planning Application No. PA03-0166 (Conditional Use Permit) located on the south side of Via Rio Temecula, approximately 160 feet west of Redhawk Parkway, further known as APN: 961-080-023, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. R; Planning/CUP/2003/03-0166. Via Rio Temecula Car Wash/CUP-DH Resolution Section 5. Director of Planning Do'h-HazerS, Pri~ PASSED, APPROVED AND ADOPTED by the City of Temecula 21st day of August 2003. Planner I, Adria Y. McClanahan, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 2003-019 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 21st day of August 2003. Adl:ia-~".Mc~n&~n; Secre[a~( R; PlanninglCUPI2003103-0166, Via Rio Temecula Car Wash/CUP-DH Resolution EXHIBIT A CONDITIONS OF APPROVAL R; PlanninglCUPI2003/03-0166, Via Rio Temecula Car Wash/CUP-DH Resolution EXHIBIT A CITY OFTEMECULA CONDITIONS OF APPROVAL Planning Application No. PA03-0166 (Conditional Use Permit) Project Description: A Conditional Use Permit for a 6,256 square foot self-service car wash facility, including 6 wash bays and 8 dry bays, located on the south side of Via Rio Temecula, approximately 160 feet west of Redhawk Parkway. Development Impact Fee: Service Commercial Approval Date: Expiration Date: August21,2003 August21,2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer 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 ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer 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 The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection 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 8. 9. 10. 11. 12. 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. This approval shail 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. The Director of Planning may, upon an application being filed within thirty days prior to expiration and for good cause, grant a time extension of up to three, one- year extensions of time, one year at a time. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. The applicant shall comply with their Statement of Operations dated March 24, 2003, (attached) on file with the Community Development Department - Planning Division, unless superceded by these conditions of approval. Note hours of operation shall coincide with Condition of Approval No. 9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. Hours of operation for the car wash shall be limited to between 7:00 A.M. to 9:00 P.M. Automatic shut-off of water and electrical systems, except for security and fire protection, shall be provided during non-business hours. The applicant shall submit verification that all vacuums meet the maximum noise attainable levels outlined in the City's Noise Element in the General Plan (Max. 70 db CNEL). If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the determination is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning. 13. Regular monitoring of the facility by an attendant shall be provided during business hours to control noise, litter, and other nuisances. POLICE DEPARTMENT 14. All exterior lighting surrounding the car wash should be energy-saving and minimized after closing hours of business to comply with the State of California Lighting Ordinance. Furthermore, all exterior lighting must comply with Mt. Palomar Lighting Requirements. Additionally, during the hours of darkness, lighting from this facility should not interfere with the current Child Care facility to the East and the residential tract located across Temecula Creek Channel. 15. All exterior doors should have their own vandal resistant fixtures installed above. The doors shall be illuminated with a minimum one (1) foot candle of light at ground level, evenly dispersed. 16. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 17. Any graffiti painted or marked upon the buildings shall be removed or painted over within twenty-four (24) hours of being discovered. Notify the Temecula Police Department immediately so a report can be taken. 18. Upon completion of construction, the interior of this facility shall have a monitored alarm system installed and monitored 24-hours a day by a designated private alarm company, to notify the police department immediately of any intrusion. All multi-tenant office/warehouse located within the building should have their own alarm system. 19. All roof hatches shall be painted "International Orange." 20. Any public telephones located on the exterior of this facility should be placed in a well-lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of this facility. BUILDING DEPARTMENT 21. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 22. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 23. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 24. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 25. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays COMMUNITY SERVICES DEPARTMENT Prior to issuance of building permits 26. If additional arterial streetlights are to be installed as a result of this project, prior to issuance of building permit or the installation of street lighting on Via Rio Temecula, which ever occurs first, the developer shall complete the TCSD application process, submit the approved Edison streetlight improvement plans and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program OUTSIDE AGENCIES 27. The applicant shall comply with the attached letter dated March 31, 2003 from the Riverside County Department of Environmental Health. 28. The applicant shall comply with the attached letter dated April 1, 2003 from the Rancho California Water District. 29. The applicant shall comply with the attached letter dated March 28, 2003 from the Eastern Municipal Water District. 30. The applicant shall comply with the attached letter dated July 30, 2003 from the Riverside County Flood Control and Water Conservation District 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 conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Name