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Home My WebLink About90-111 CC ResolutionRESOLUTION NO. 90-111 A RESOLUTION OFF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CONDITIONAL USE PERMIT NO. 3046 TO PERMIT OPERATION OF AN EXISTING GAS STATION AND MINI-MART AT JEFFERSON AVENUE AND WINCHESTER ROAD WHEREAS, Arco Products, Inc., filed CUP No. 3046 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 June 6, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said CUP; WHEREAS, the City Council conducted a public heating pertaining to the said CUP on October 30, 1990, at which 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 Commission proceeding and Staff Report regarding the CUP; 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: A. 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 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: Resos 90-111 1 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. b. 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 complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (thereinafter "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. C. The proposed CUP 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 a preparation of the general plan. 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 CUP No. 3046 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 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. D. 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. E. As conditioned pursuant to SECTION 3, the CUP proposed is compatible with the health, safety and welfare of the community. 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 Resos 90-111 2 a Negative Declaration, therefore, is hereby granted. Section 3. Conditions. That the City of Temecula City Council hereby approves CUP No. 3046 for the operation and construction of existing gas station and mini-mart located at the northwest comer of Winchester Road and Jefferson Avenue subject to the following conditions: A. Exhibit A, attached hereto. Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 13th day of November, 1990. Ronald J. Parks, Mayor ATTEST: Ju k, Deputy [SEAL] Resos 90-111 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, June S. Greek, Deputy City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 90-111 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 13th day of November, 1990, by the following roll call vote. AYES: 5 COUNCILMEMBERS: Birdsall, Lindermans, Mufioz, Moore, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 C OUNCILMEMBERS: None Deputy City~le~k Resos 90-111 4 EXHIBIT "A" RIVERSIDE COUNTY PLANNING DEPARTMENT CONDITIONS OF APPROVAL Atlantic Richfield Co. P.O. Box 6411 Artesia, CA 90702 CONDITIONAL USE PERMIT NO. 3046, AMD. t3 Project Description: Addition of pump island Assessor's Parcel No.: 909-281-017 District/Area: Temecula ® The use hereby permitted is for existing Arco AM/PM mini-mart station Number gOg-281-017. an addition of a pump island to an located within Assessor's Parcel The permittee shall defend, indemnify, and hold harmless the County of Riverside or its agents, officers, and employees fr~ any claim, 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 3046, ~ No. 3. 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 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, the 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 developcent of the premtses shall conform substantially with that as shown on plot plan marked Exhibit A, AMO No. 3, or as amended by these condi ti ons. In the event the use hereby pemttted 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 dtrectly upon adjoining property or public rights-of-way. The applicant shall comply with the street improvement recommendations outlined in the County Transportation Department letter dated 5-15-g0, a copy of which is attached. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department transmittal dated 5-29-90, a copy of which is attached. Flood protection shall be provided in accordance with the Riverside County Flood Control Oistrict transmittal dated $-lg-go, a copy of which attached. CONDZTIONAL USE PERMZT NO. 3046, AHD. No. 3 CandttJons of Approval Page 2 10. 11. 12. 13. I4. Fire protection shall be provided in accordance with the appropriate section of Ordinance S45 and the County Fire Warden's transmittal dated S-2S-90, a copy of which is attached, The applicant shall comply with the Departant of Building and Safety - Land 5-8-g0, a copy of which is attached. reconmendations set forth in t~e Use Section transmittal dated The applicant shall conply with Department of Building and Safety - 5-30-g0, a copy of which is attached. the reconmendations set forth in the Grading Section transmittal dated A minimu~ of seventeen (17) parking spaces shall be provided in accordance with Section I8.12, Riverside County Ordinance No. 348. Seventeen {17) parking spaces shall be provided as shown on the Approved Revised Exhibit A, A~D. 43. The parking area shall be surfaced with {asphaltic concrete paving to a minimum depth of 3 inches on 4 inches of Class II base.) (deconposed granite conpatted to a minimum thickness of three (3) inche~ treated with not less than ½ gallon per square yard of penetration coat oil, followed within six months by an application of ~ gallon per square yard of seal coat oil. In addition to the above requirements, the surface of each parkine place shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least 3 square feet in size.- A minimum of one {1} handicapped parking spaces shall be provided as shown on Exhibit A, AMD No. 3. 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 of 80 inches fron the botton of the sign to the parking space finished grade, or centered at a minimum height of 36 inches fron 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 in size with lettering not less than 1 inch in height, which clearly and conspicuously states the following: CONDITIONAL USE PERHIT NO. 3046. NqD. No. 3 Condltfons of Approva] Page 3 15. 16. 17. 18. 19. "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 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. Prior to the issuance of a building pernit, the applicant shall clearance and/or permits from the following agencies: o~ta i n Transportation Department Environmental Health giverside County Klood Control I~ritten evidence of compliance shall be presented to the Land Use ~ivision of the Department of Building and Safety. ~ Roof-mounted equipment shall be shielded fr~n ground view. material shall be subject to Planmina Department approval. Screenino One {1) trash enclosure which is adequate to enclose a total of one (I) bin shall be centrally located within the project, and shall be constructed prior to the issuance of occupancy permits. Each enclosure shall be six feet in height and shall be made with masonry block and an opaque gate which screens the bins from external view. This project site is within a significant groundshaking zone. ,~itigation shall be the application of the proper Uniform Building Code standards in the development of this project. All existing structures on the subject property shall conform to all the applicable requirements of Ordinance 348. 20. This approval shall bec~ne null and void on June 6, aOgO 2015. per P.C. 6-6-90). (Amended Prior to any use allowed by this use, the applicant shall obtain clearance fr~n the Department of Building and Safety - Land Use Section that the uses found on the subject property are in conformance with Ordinance No. 348. jHR:jg 5/22/90 CITY OF TEMECULA ADDITIONAL CONDITIONS OF APPROVAL Conditional Use Permit No. 30~6 Council Approval Date: Expiration Date: Planninq Department 1. No additional signage shall be allowed. This conditional use permit shall be subject to Planning commission review every two 12) years. The permit shall remain active until such time as the Planning Commission determines that the use is not in conformance with the approved Conditions of Approval. The conditional use permit may be revoked pursuant to Section 18.:~0 of Ordinance ~8. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims/ action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set aside, . void, or annul; an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning CONDITIONAL USE PERMIT NO. :~0~6. The City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the city fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defence, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 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 1, or as emended 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. STAFFRPT\CZ571# Any outside lighting shall be hooded and directed on-site so as not to shine directly upon adjoining property or public rights-of-way. Enqineerinq Department 10. County Road Condition No. 1 shall be amended to delete the words "and Winchester Road". 11. 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, 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 developer requests its building permits 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 developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated l assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. STAFFRPT\CZS71~ 2