HomeMy WebLinkAbout04-122 CC Resolution
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RESOLUTION NO. 04-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0540, A CONDITIONAL USE PERMIT ALLOWING A
TOTAL OF FOUR DRIVE-THROUGH FACILITIES WITHIN A
RELATED DEVELOMENT PLAN (PA02-0364) CONSISTING OF
APPROXIMATELY 162,860 SQUARE FEET OF COMMERCIAL
RETAIL SPACE, LOCATED AT THE NORTHEAST CORNER OF
WINCHESTER ROAD AND NICOLAS ROAD, KNOWN AS APN:
920-100-001 THROUGH 920-100-013.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1.
declare that:
The City Council of the City of Temecula does hereby find, determine and
A. Pacific Development Partners, LLC, filed Planning Application Nos. PA02-0360,
General Plan Amendment; PA02-0363, Specific Plan Amendment; PA02-0364, Development
Plan; PA02-0365, Tentative Parcel Map, and PA04-0540, Conditional Use Permit, for the
property consisting of approximately 20.2 acres generally located at the northeast corner of
Winchester Road and Nicolas Road known as Assessors Parcel No(s). 920-100-001 through
920-100-013 ("Project").
B. The applications for the Project were processed and an environmental review
was conducted as required by law, including the California Environmental Quality Act.
C. The Planning Commission of the City of Temecula held a duly noticed public
hearing on October 20, 2004 to consider the applications for the Project and environmental
review, at which time the City staff and interested persons had an opportunity to, and did, testify
either in support or opposition to this matter
D. Following consideration of the entire record of information received at the public
hearings and due consideration of the proposed Project, the Planning Commission adopted
Resolution No. 2004-056 recommending approval of a Mitigated Negative Declaration and
Mitigation Monitoring Plan for the Project; Resolution No. 2004-057 recommending the City
Council approval of a General Plan Amendment; Resolution No. 2004-058 recommending the
City Council approval of a Specific Plan Amendment; Resolution No. 2004-059 recommending
the City Council approval of a Tentative Parcel Map; and Resolution No. 2004-060
recommending the City Council approval of a Development Plan;
E. Following consideration of the entire record of information received at the public
hearings and due consideration of the proposed Project, the Planning Commission adopted
Resolution No. 2004-061 recommending approval of a Conditional Use Permit;
F. On November 23, 2004, the City Council of the City of Temecula held a duly
noticed public hearing on the Project at which time all persons interested in the Project had the
opportunity and did address the City Council on these matters.
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G. On November 23, 2004, the City Council of the City of Temecula approved a
Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it
adopted Resolution No. 04-118; approving a General Plan Amendment, Resolution No. 04-119;
approving a Specific Plan Amendment, Ordinance No. 04-15; approving a Tentative Parcel
Map, Resolution No. 04-120; and approving a Development Plan Resolution No. 04-121;
H. On November 23, 2004, the City Council of the City of Temecula approved a
Conditional Use Permit for the Project when it approved Resolution No. 04-122~
Section 2.
findings:
A. The Project, including the Development Plan, is compatible with the health,
safety and welfare of the community. The Project, including the Development Plan, has been
reviewed and determined to be in conformance with the City's General Plan. These documents
set policies and standards that protect the health, safety and welfare of the community. Access
and circulation are adequate for emergency vehicles.
The City Council of the City of Temecula hereby makes the following
B.
The Project, including the Development Plan, is compatible with surrounding land
uses.
C. The Project, including the Development Plan, will not have an adverse effect on
the community because it remains consistent with the goals and policies of the adopted General
Plan. The Project does not represent a significant change to the planned land uses for the site
and represents a relocation of existing land uses.
Section 3. The City Council hereby makes the following findings as required in
Section 17.05.010 of the Temecula Municipal Code
A. The proposal, a request for four drive-through facilities, is consistent with the land
use designation and policies reflected in the Roripaugh Estates Specific Plan, the land use
standards in the General Plan and the City's Development Code. The site is therefore 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 because the project site is a
commercial use on commercially zoned land. The building is designed to enhance the
surrounding area and therefore will not adversely affect the adjacent uses, buildings or
structures.
C. The conditional use is a request for four drive-through facilities on commercially
zoned land. The site is adequate in size and shape to accommodate the proposed drive-through
facilities without affecting the yard, parking and loading, landscaping, and other development
features prescribed in the Development Code.
D. The proposed Conditional Use Permit includes a request for four drive-through
facilities. The nature of 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 needed in the
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surrounding community and it has been designed to minimize any adverse impacts, including
health, safety and general welfare to the community.
Section 4. The City Council of the City of Temecula hereby approves the Application
for a Conditional Use Permit (PA04-0540) to allow for a total of four drive-through facilities within
a related Development Plan (PA02-0364) consisting of approximately 162,860 square feet of
retail commercial space, located at the northeast corner of Winchester Road and Nicolas Road,
known as Assessors Parcel No(s). 920-100-001 through 920-100-013 subject to the specific
conditions of approval set forth in Exhibit A, attached hereto, and i"ncorporated herein by this
reference as though set forth in full.
Section 5.
The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 23rd day of November, 2004
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
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I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that
Resolution No. 04-122 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting held on the 23rd day of November, 2004, by the following vote:
COUNCILMEMBERS: Comerchero, Roberts, Stone, Washington, Naggar
AYES: 5
NOES: 0
ABSENT: 0
ABSTAIN: 0
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No.: PAO4-0540
Project Description:
A Conditional Use Permit allowing a total of four drive-
through facilities within a related Development Plan
(PA02-0364) consisting of approximately 162,860
square feet of retail commercial space, located on the
northeast corner of Winchester road and Nicolas road,
known as Assessors Parcel Numbers 920-100-001
through 920-100-013
DIF:
TUMF:
Retail Commercial
Retail Commercial
MSHCP:
Retail Commercial
Approval Date:
November 23,2004
Expiration Date:
November 23,2006
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
1.
The applicant/developer shall deliver to the Planning Department a check or money
order made payable to the Riverside County Clerk in the amount of One Thousand
Three Hundred Twenty-Eight Dollars ($1,328.00) which includes the One Thousand Two
Hundred and Fifty Dollar ($1,250.00) fee, required by Fish and Game Code Section
711.4(d)(3) plus the Sixty Four Dollars ($64.00) County administrative fee, to enable the
City to file the Notice of Determination for the Mitigated Negative Declaration required
under Public Resources Code Section 21108(a) 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
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
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3.
4.
5.
6.
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8.
9.
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.
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.
The applicant shall comply with their Statement of Operations dated September 30,
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. If future tenants request the sales of alcohol, a
separate conditional use permit shall be submitted for review and approval by the
Planning Commission.
10.
The applicant shall submit a separate development plan application to review the
architecture, hardscape and landscaping for each drive-through facility. The Drive-
through lane (pads K and L) shall be screened with a structural component, the length of
the building and include landscaped berms.
All drive-through lanes, including service windows shall be adequately screened, subject
to approval by the Planning Director.
POLICE DEPARTMENT
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11.
All exterior lighting surrounding the project site 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.
12.
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.
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13.
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16.
17.
All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware
shall be commercial or institution grade.
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.
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 buildings
located within the center should have their own alarm system.
All roof hatches shall be painted "International Orange."
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.
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.
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Date
Applicant Signature
Applicant Printed Name
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