HomeMy WebLinkAbout90-104 CC ResolutionRESOLUTION NO. 90-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING CONDITIONAL USE PERMIT
NO. 1 TO PERMIT OPERATION OF AN AUTOMOBILE
SALES LOT AND A 528 SQUARE FOOT OFFICE LOCATED
ON THE EAST SIDE OF JEFFERSON AVENUE BETWEEN
WINCHESTER ROAD AND OVERLAND DRIVE
WItEREAS, James L. Ramsay filed CUP No. 1 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 City Council considered said CUP on September 10, 1990, at which
time interested persons had an opportunity to testify either in support or opposition;
WHEREAS, at the conclusion of the City Council hearing, the City Council
recommended approval of denial if said;
WHEREAS, James L. Ramsay appealed CUP 1 to the City Council;
WHEREAS, the City Council considered said appeal on October 9, 1990 at which time
interested persons had an opportunity to testify either in support of or opposition of the appeal;
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 90-104 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 studies
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 requirement
of state law and local ordinances.
B. The Riverside County General Plan, as amended by the Southwest Area community
Plan, (hereinafter "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. 1 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 requirement 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.
Resos 90-104 2
Section 2. F. nvironmental Conlpliance.
An Initial Study prepared for this project indicates that the proposed project will not have
a significant impact on the environment, and a Negative Declaration, therefore, is hereby granted.
Section 3. Conditions.
That the City Council hereby approves CUP No. 1 for the operation and construction of
an automobile sales lot and a 528 square foot office located at the west side of Jefferson Avenue
between Winchester Road and Overland Drive subject to the following conditions:
A. Exhibit A, attached hereto.
PASSED, APPROVED AND ADOP'I~D, this 9th day of October, 1990.
Ronald J. Parks, Mayor
ATTEST
, Deputy CRy'Clerk
[SEAL]
Resos 90-104 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. 90-104 was duly adopted at a regular meeting of the City
Council of the City of Temecula on the 9th day of October, 1990, by the following roll call vote.
AYES: 5
COUNCILMEMBERS:
Birdsall, Lindemans, Mufioz,
Moore, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Ju'a~-'/. Greek, Deputy Cit3~-l~k
Re,os 90-104 4
EXE~B:T "A"
CITY OF TEMECULA
PLANNING DEPARTMENT
Conditions of Approval
Conditional Use Permit No. 1
CouncilApprovalDate:
ExpirationDate:
Planninq Department
1. All signage shall require approval by separate permit.
2. All landscaping shall be required by separate permit.
3. Reciprocal access easements shall remain unobstructed.
This conditional use permit shall be subject to Planning Commission review
every two years. The permit shall remain active until such times as the
Commission determines that the use is not in conformance with the approved'
conditions of approval.
5. Applicant shall maintain 20 parking spaces for customer use,
6. No repair or mechanical maintenance will be permitted on site.
The conditional use permit may be revoked pursuant to Section 18.30 of
Ordinance 348.
8. This Conditional Use Permit shall become null and void after 10 years.
This Conditional Use Permit shall be subject to Planning Commission review
every 2 years.
10.
Prior to issuance of occupancy permits, all required landscape planting and
irrigation shall have been installed and be in a condition acceptable to the
Director. of Building and Safety. The plants shall be healthy and free of
weeds, disease or pests. The irrigation system shall be properly constructed
and in good working order. Landscaping shall provide screening at all
property lines to a minimum of ~8 inches.
11.
All of the foregoing conditions shall be complied with prior to occupancy or
any use allowed by this permit.
12.
The use shall be restricted to the sale of automobiles. No other uses shall be
allowed by this permit.
13. A minimum of two 12) handicapped parking spaces shall be provided as shown
STAFFRPT\CUP1 1
15.
16.
17.
18.
19.
20.
on Exhibit A. 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 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 clearly and conspicuously states 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 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.
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 PUBLIC USE
PERMIT NO. The City of Temecula will promptly notify the permittee
of any such clain~,j 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 12) 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 amended 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.
Any outside lighting shall be hooded and directed so as not to shine directly
upon adjoining property or public rights-of-way.
All proposed painted parking lot surface identified on Exhibit A shall be
replaced by landscaped planters and shall be shown on landscape plans prior
to landscape approval.
STAFFRPT\CUP1
Buildinq ~, Safety Department
21. Flood mitigation fees will be required.
22. The sales office structure shai) be placed on a permanent foundation.
23. The applicant shall fill out an application for final inspection. Allow two {2)
weeks processing time to obtain all required clearances prior to final
inspection,
Enqineerinq Department
All Engineering Department Conditions shall be met prior to issuance of grading
permit, unless otherwise stated.
All site plans, grading plans, landscape and irrigation plans, and street
improvement plans shall be coordinated for consistency with approved plans.
25.
The developer shall provide clearance from all applicable agencies and pay all
fees prior to the approval of plans.
26.
A permit shall be required from CelTtans for any work within the right-of-
way.
27.
The developer shall submit four {tl) copies of a soils report to the Engineering
Department. The report shall address the soils stability and geological
conditions of the site.
28.
The developer shall submit four I1~) prints of a comprehensive grading plan
to the Engineering Department. The plan shall comply with the Uniform
Building Code, Chapter 70, the Interim Development Guidelines and as may be
additionally provided for in these Conditions of Approval. The plan shall be
drawn on 2t~"x36" mylar by a Registered Civil Engineer.
29.
The final grading plans shall be completed and approved prior to issuance of
building permits.
30.
A grading permit shall be obtained from the Engineering Department prior to
commencement of any grading outside of the City-maintained road right-of-
way.
31.
2e
No grading shall take place prior to the grading plans being complete,
appropriate clearance letters and approval by the City Engineer.
If grading is to take place between the months of October and April, erosion
control plans will be required. Erosion control plans and notes shall be
submitted and approved by the Engineering Department.
33.
The developer shall comply with the requirements of the City Engineer based
on the recommendations of the Riverside County Flood Control District.
STAFFRPT\CUP1
3
35.
36.
37.
38.
39.
The developer shall protect downstream properties from damages caused by
alteration of the drainage patterns; i.e., concentration or diversion of flow.
Protection shall be provided by constructing adequate drainage facitities and
by securing a drainage easement.
The developer shall accept and properly dispose of all off-site drainage
flowing onto or through the site.
A flood mitigation 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 the Flood Control District prior to issuance of permits.
If the full Area Drainage Plan fee or mitigation charge has already credited to
this property, no new charge needs to be paid.
A permit from the Riverside County Flood Control District is required for
work within its easement.
Prior to issuance of a building permit, the developer shall deposit with the
Engineering Department a cash sum as established per acre as mitigation for
traffic signal impact.
For a new commercial or industrial development or addition to an existing
development, the applicant shall pay development fees at the established rate.
Such fees may include, but are not subject to: Drainage Fees, Permit and
Plan Checking Fees.
The applicant
agencies:
shall obtain clearance and/or permits
City Engineer
Environmental Health
Fire Department
Planning Department
Riverside County Flood Contro!
City of Temecula
Riverside Transit Agency
CATV
from the following
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\CUP1 a
Fire Department
With respect to the Conditions of Approval regarding the above referenced plot plan,
the Fire Department recommends the following fire protection measures be provided
in accordance with Riverside County Ordinances and/or recognized fire protection
standards:
The fire Department is required to set a minimum fire flow for the remodel or
construction of all commercial buildings using the procedure established in
Ordinance 5/46.
Provide or show there exists a water system capable of delivering 1,500 GPM
for a 2 hour duration at 20 PSi residual operating pressure, which must be
available before any combustible material is placed on the job site.
A combination of on-site and off-site super fire hydrants ( 6"x/4"x2 1/2x2 1/2 ),
will be located not less than 25 feet or more than 165 feet from any portion of
the building as measured along approved vehicular travelways. The required
fire flow shall be available from any adjacent hydrant(s) in the system.
Applicant/developer shall furnish one copy of the water system plans to the
Fire Department for review. Plans shall conform to the fire hydrant types,.
location and spacing, and, the system shall meet the fire flow requirements.
Plans shall be signed/approved by a registered civil engineer and the local
water company with the following certification: "1 certify that the design of
the water system is in accordance with the requirements prescribed by the
Riverside County Fire Department."
/46. Certain designated areas will be required to be maintained as fire lanes.
Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact
a certified extinguisher company for proper placement of equipment.
Prior to issuance of building permits, the applicant/developer shall be
responsible to submit a check or money order in the amount of $t~13.00 to the
Riverside County Fire Department for plan check fees.
Prior to the issuance of building permits, the developer shall deposit with the
Riverside County Fire Department, a check or money order equaling the sum
of 25 cents per square foot as mitigation for fire protection impacts. This
amount must be submitted separately from the plan check review fee.
50.
Final conditions will be addressed when building plans are reviewed in the
Building and Safety Office.
51.
A 25 foot access aisle shall be maintained free and clear at all times through
all portions of the parking area.
Health Department
52. "Will-serve" letters from water and sewering agencies will be required prior
STAFFRPT\CUP1 5
to any building plan approval.
53.
If there are to be any hazardous materials, a clearance letter from the
Environmental Health Services Hazardous Materials Management Branch (Jon
Mohoroski, 358-5055), will be required indicating that the project has been
cleared for:
a. Underground storage tanks.
b. Hazardous Waste Generator Services.
c. Hazardous Waste Disclosure lin accordance with AB 2185).
d. Waste reduction management.
CalTrans
A positive vehicular barrier along the property frontage shall be provided to
limit physical access to the state highway.
55. Landscaping along the state highway shall be low and forgiving in nature.
56.
Care shall be taken when developing this property to preserve and perpetuat~
the existing drainage pattern of the state highway. Particular consideration
should be given to cumulative increased storm runoff to insure that a highway
drainage problem is not created.
57.
Any necessary noise attenuation shall be provided as part of the development
of this property.
STAFFRPT\CUP1 6