HomeMy WebLinkAbout04_052 PC Resolution
PC RESOLUTION NO. 2004-052
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA04-0202, A MINOR CONDITIONAL USE PERMIT TO
ALLOW FOR THE OPERATION OF A DRIVE THRU
PHARMACY AT A PROPOSED DRUG STORE LOCATED AT
THE SOUTHEAST CORNER OF RANCHO CALIFORNIA ROAD
AND MEADOWS PARKWAY, KNOWN AS ASSESSOR
PARCEL NO. 954-030-001.
WHEREAS, John Clement, representing Venture Point, filed Planning Application No.
PA04-0202. in accordance with the City of Temecula General Plan and Development Code;
WHEREAS, the Application was processed including, but not limited to public notice, in
the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered the Application
on October 6, 2004, 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 opposition
to this matter;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of
the testimony, the Commission approved Planning Application No. PA04-0202 subject to
conditions of approval after finding that the project proposed in Planning Application No. PA04-
0202 conformed to the City of Temecula General Plan and Development Code;
NOW, THEREFORE, THE PLANNING COMMISSION 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. Findinos. The Planning Commission, in approving Planning Application
No. PA04-0202 (Minor Conditional Use Permit) hereby makes the following findings as required
by Section 17.04.010.E of the City of Temecula Municipal Code:
A. The proposed conditional use is consistent with the General Plan and the
Development Code.
The proposed use is consistent with the General Plan (Neighborhood Commercial),
zoning designation (Margarita Village Specific Plan), and underlying zoning
(Neighborhood Commercial) as well as the standards within the Development Code.
The site is therefore properly planned and zoned and found to be physically suitable for
the proposed use.
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.
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The proposed project will provide additional convenience for the community and is
compatible with the nature, condition and development of adjacent uses, buildings, and
structures. The site has been designed to place the proposed drive-thru as far from the
surrounding residential property as feasible and includes walls and landscaping to
screen the use from public view. The proposed use is designed to blend with the
proposed building and surrounding buildings on site 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 proposed drug store and other buildings on site will adequately provide all
improvements including yards, walls, fences, parking and loading facilities, buffer area,
landscaping and all other features as required in the Development Code and by
Planning Commission in order to integrate the use with other uses 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 of the proposed use is not detrimental to the health, safety and general
welfare to the community and the use will provide an additional convenience to the
community. Provisions are made in the General Plan and the Development Code to
ensure that the public health, safety and welfare are safeguarded. The project has been
conditioned to meet all applicable requirements and is consistent with these documents.
E. The decision to conditionally approve the application for a conditional use permit
is based on substantial evidence in view of the record as a whole before the Planning
Commission;
The project has been reviewed, as a whole, in reference to all applicable codes and
ordinances before the Planning Commission.
Section 3. Environmental Compliance. Adopt a Mitigated Negative Declaration and
Mitigation Monitoring Plan based on the Initial Study for Planning Application Nos. PA04-0200,
PA04-0201, PA04-0202 and PA04-0203, which was prepared pursuant to CEOA Guidelines
Section 15072.
Section 4. Conditions. That the City of Temecula Planning Commission hereby
approves Planning Application No. PA04-0202 (Minor Conditional Use Permit) to allow for the
operation of a drive thru pharmacy at a proposed drug store located at the southeast corner of
Rancho California Road and Meadows with conditions of approval as set forth on Exhibit A,
attached hereto, and incorporated herein by this reference together with any and all necessary
conditions that may be deemed necessary.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 6th day of October 2004,
ATTEST:
7)e~- ~ í?-
',' Debbie Ubnoske, Secretary -
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I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No, 2004-052 was duly and regularly adopted by the Planning Commission
of the City of Temecula at a regular meeting thereof held on the 6th day of October 2004, by the
following vote:
AYES: 3
NOES: 0
ABSENT: 2
ABSTAIN: 0
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Chiniaeff, Guerriero, Telesio
None
PLANNING COMMISSIONERS:
Mathewson, Olhasso
PLANNING COMMISSIONERS:
None
7;eJk A: - L1' ~ J£.
Debbie Ubnoske, Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No.: PA04-0202
Project Description:
A Minor Conditional Use Permit to allow for the
operation of a drive thru pharmacy at a proposed drug
store located at the southeast corner of Rancho
California Road and Meadows Parkway, known as
Assessor Parcel No. 954-030-001.
Assessor's Parcel No.:
954-030-001
Approval Date:
October 6, 2004
October 6, 2006
Expiration Date:
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
1.
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 Sixty-Four 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 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
2,
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 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,
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3,
4,
5,
6,
7.
8,
9,
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.
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,
Prior to any use allowed by this permit, the drive thru shall be fully screened, including
any landscaping necessary to provide full screening of vehicles within the drive-thru lane
and at the pharmacy pick-up window from the public right-of-way.
The applicant shall comply with their Statement of Operations dated March 22, 2004
(attached), on file with the Planning Department, unless superceded by these conditions
of approval.
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.
FIRE DEPARTMENT
10,
Final fire and life safety conditions will be addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which are
in force at the time of building plan submittal.
11,
During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS
will be maintained in working order and up to their original design and performance
specifications, (CFC art.87 et al)
12.
As required by the California Fire Code, when any portion of the facility is in excess of
150 feet from a water supply on a public street, as measured by an approved route
around the exterior of the facility, on-site fire hydrants and mains capable of supplying
the required fire flow shall be provided, For this project on site fire hydrants are required.
(CFC 903,2)
13.
If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction. (CFC 8704,2 and 902.2,2)
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14.
15.
16,
17.
18.
During building construction, all locations where structures are to be built or altered shall
maintain approved temporary Fire Department vehicle access roads for use until
permanent roads are installed. Temporary Fire Department access roads shall be an all
weather surface for 80,000 Ibs. GVW, (CFC 8704.2 and 902.2.2.2)
Prior to building final, all locations where structures are to be built or altered shall have
approved Fire Department vehicle access roads to within 150 feet to any portion of the
facility or any portion of an exterior wall of the building(s), Fire Department access roads
shall be an all weather surface designed for 80,000 Ibs, GVW with a minimum AC
thickness of ,25 feet. (CFC see 902)
Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches, (CFC 902,2.2.1)
Prior to building construction, this development shall have two (2) points of access, via
all-weather surface roads, as approved by the Fire Prevention Bureau, (CFC 902.2.1)
Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval of any changes or additions to
the existing system prior to installation. Plans shall be signed by a registered civil
engineer; contain a Fire Prevention Bureau approval signature block; and conform to
hydrant type, location, spacing and minimum fire flow standards. After the plans are
signed by the local water company, the originals shall be presented to the Fire
Prevention Bureau for signatures, The required water system including fire hydrants
shall be installed and accepted by the appropriate water agency prior to any combustible
building materials being placed on an individual lot. (CFC 8704.3, 901.2,2.2 and
National Fire Protection Association 24 1-4,1)
19.
Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers"
shall be installed to identify fire hydrant locations, (CFC 901.4.3)
20,
Prior to issuance of a Certificate of Occupancy or building final, approved numbers or
addresses shall be provided on all new and existing buildings in such a position as to be
plainly visible and legible from the street or road fronting the property. Numbers shall be
of a contrasting color to their background, Commercial, multi-family residential and
industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers
a minimum of six (6) inches in size, All suites shall gave a minimum of six (6) inch high
letters and/or numbers on both the front and rear doors. Single family residences and
multi-family residential units shall have four (4) inch letters and lor numbers, as approved
by the Fire Prevention Bureau. (CFC 901.4.4)
21.
Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane
painting and or signs,
Special Conditions
22,
Prior to issuance of a Certificate of Occupancy or building final a simple floor plan and
plot plan as an electronic file of the .DWG format must be submitted to the Fire
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23.
24,
25,
Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for
approval.
Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a
georectified (pursuant to Riverside County standards) digital version of the map including
parcel and street centerline information. The electronic file will be provided in a ESRI
Arcinfo/ArcView compatible format and projected in a State Plane NAD 83 (California
Zone VI) coordinate system. The Bureau must accept the data as to completeness,
accuracy and format prior to satisfaction of this condition.
Additions affecting/adjoining/facing near other existing structures may need to be
protected or built of rated construction in accordance with code, or as an alternate
method to mitigate other code conflicts and or requirements, These specific requirements
will be addressed during the plan review process and compliance will be considered part
of these conditions,
During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS
will be maintained in working order and up to their original design and performance
specifications.
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's Signature
Date
Applicant's Printed Name
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