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HomeMy WebLinkAbout06_027 DH Resolution DH RESOLUTION NO. 06-027 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0172, A DEVELOPMENT PLAN FOR A PROPOSED TIRE STORE AND REPAIR SHOP WITH AN ASSOCIATED AUTOMATIC CAR WASH TOTALING 8,353 SQUARE FEET ON 1.1 ACRES Section 1. Russell Rumansoff, representing Herron and Rumansoff Architects filed Planning Application No. PA05-0172 in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. Planning Application No. PA05-0172 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. Section 3. The Planning Director, at a regular meeting, considered Planning Application No. PA05-0172 on November 30, 2006, 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. Section 4. At the conclusion of the Director Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA05-0172 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA05- 0172 conformed to the City of Temecula General Plan and Development Code. Section 5. Findinas. The Planning Director, in approving Planning Application No. PA05-0172 hereby makes the following findings as required by Section (17.05.010.F) of the Temecula Municipal Code: Development Plan (17.05.010.F) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the City. The proposal is consistent with the land use designation and policies reflected for the Community Commercial Development in the City of Temecula General Plan and the Paloma del Sol Specific Plan. The Specific Plan lists car washes, tire sales, and automotive repair as permitted uses in this zone. The proposed project is consistent with the use regulations outlined by the Building Department and Fire Prevention Bureau to comply with all applicable Building and Fire Codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. ", i G:\Planning\2005\PA05-0172 Redhawk Tire Store & Car Wash DP-CUPlPlanningIDH RESOLUTION. doc 1 The proposed project is consistent with the development standards outlined in the City of Temecula Development Code. The proposed architecture and site layout for the project has been reviewed utilizing the Paloma del Sol Specific Plan design guidelines and the community commercial development standards in the Development Code. The proposed project has met the performance standards in regard to circulation, architectural design, and site plan design. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Section 6. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review. (Section 15332, In-fill development projects, Class 32) Section 7. Conditions. That the City of Temecula Director of Planning hereby approves Planning Application No. PA05-0172,a Development Plan for a proposed tire store and repair shop with an associated automatic car wash as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 8. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 30th day of November, 2006. ~~ Steve Brown, PrinCipal Planner I, Jill Dickey, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 06-027 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 30th day of November, 2006. . - (4y~J? .ky G:IPlanning\200SIPAOS-QI72 Redhawk Tire Store & Car Wash DP.CUPIPlanningIDH RESOLUTION. doc 2 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\Planning\2005\PA05-0172 Redhawk Tire Srore & Car Wash DP-CUPlPIanningIDH RESOLUTION.doc 3 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA05.0172 Project Description: A Development Plan for a proposed tire store and repair shop with an associated automatic car wash totaling 8,353 square feet on 1.1 acres located on the east side of Margarita Road, approximately 800 feet north of Highway 79 South Assessor's Parcel No.: 959-090-007 MSHCP Category: DIF Category: TUMF Category: Commercial Service Commercial Service Commercial Approval Date: November 30, 2006 Expiration Date: November 30, 2008 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 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 $64.00 for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 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)). G:\Planning\200S\PAOS-Q172 Redhawk Tire Store & Car Wash DP-CUPlPlanninglFinal COA.doc 1 GENERAL REQUIREMENTS G:\Planning\2005\PA05-0172 Redhawk Tire Store & Car Wash DP-CUPlPlannlnglFinal COA.doc 2 Planning Department 2. 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. 3. 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. 4. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 5. This approval shall be used within two 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-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 6. 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 1-year extensions of time, one year at a time. 7. A separate building permit shall be required for all signage. (Sign program may be required) 8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 9. The conditions of approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the condition of approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Material Stucco Trim paint Stone Roof tiles Color Parex Eifs- Oyster 10 Frazee - 8744D Sweetwood Eldorado stone - Latana, Cliffstone Eagle wood - Sunset Range G:IPlanning\2005IPA05-o172 Redhawk Tire Store & Car Wash DP.CUPIPlanninglFinal COA.doc . 3 10. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 11. The applicant shall submit to the Planning Department for permanent filing two 8" x 10" glossy photographic color prints of the approved Color and Materials Board and the colored architectural elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 12. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. Public Works Department 13. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 14. . An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 15. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 16. The project shall include construction-phase pollution prevention controls and permanent post-construction water quality protection measures into the design of the project to prevent non-permitted runoff from discharging offsite or entering any storm drain system or receiving water. 17. A Water Quality Management Plan (WQMP) must be accepted by the City prior to the initial grading plan check. The WQMP will be prepared by a registered Civil Engineer and include site design BMPs (Best Management Practices), source controls, and treatment mechanisms. 18. The proposed access on Margarita Road shall be restricted to a right in/right out movement. Building and Safety Department 19. All design components shall comply with applicable provisions of the 2001 Edition of the Califomia Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; Calirornia Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 20. The City of T emecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees, if applicable to the project, shall be subject to the provisions of Ordinance No. 03-01 and the fee schedule in effect at the time of building permit issuance. G:\Planning\200S\PAOS.Q172 Redhawk Tire Store & Car Wash OP-CUPlPlanninglFinal COA.doc 4 21. 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 street-lights 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. 22. A receipt or clearance letter from the T emecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 23. Obtain all building plans and permit approvals prior to commencement of any construction work. 24. Show all building setbacks. 25. Developments with Multi-tenant Buildings or Shell Buildings shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with Single User Buildings shall clearly show on the plans the location of a dedicated panel in place for the purpose of the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 26. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 27. Provide disabled access from the public way to the main entrance of the building. 28. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 29. Obtain street addressing for all proposed buildings prior to submittal for plan review. 30. 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. 94-21, 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 Sundays or Government Holidays 31. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 Edition of the California Building Code Appendix 29. 32. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 33. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. G:IPlanning\2005IPA05-o172 Redhawk Tire Store & Car Wash DP.CUPIPlanninglFinal COA.doc 5 34. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 35. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Fire Prevention 36. 37. 38. 39. 40. 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. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 2350 GPM with 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided (CFC 903.2, Appendix III-A). The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A combination of on-site and off-site super fire hydrants (6" x 4" x 2-21/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 400 feet apart, at each intersection and shall be located no more than 225 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC 903.2, 903.4.2, and Appendix III-B). 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). 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). Community Services Department 41. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 42. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 43. The Applicant shall comply with the Public Art Ordinance. 44. All parkways, landscaping, fencing and on site lighting shall be maintained by the maintenance association. G:\Planning\200S\PAOS-0172 Redhawk TIre Store & Car Wash DP.CUPlPlanninglFinal COA.doc 6 PRIOR TO ISSUANCE OF GRADING PERMITS G:\Planning\2005\PA05-0172 Redhawk Tire Store & Car Wash DP-CUPlPlannlnglFinal COA.doc 7 Planning Department 45. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. 46. Double detector check valves shall be either installed underground or internal to the project site at locations not visible from the public right-of-way, subject to review and approval by the Director of Planning. 47. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeologicaVcultural 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 discovery is not an archaeologicaVcultural 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 archaeologicaVcultural 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." Public Works Department . 48. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 49. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 50. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 51. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion & Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. 52. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. G:\PlanningI2OOSlPAOS-Q172 Redhawk Tire Store & Car Wash DP.CUPlPlanninglRnal COA.doc 8 53. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District . c. Planning Department d. Department of Public Works 54. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 55. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 56. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. 57. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 58. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 59. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone A. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. G:\Planning\2005\PA05.Q172 Redhawk Tire Store & Car Wash DP.CUPlPlanninglFinal COA.doc 9 PRIOR TO ISSUANCE OF BUILDING PERMIT \ G:\Planning\200S\PAOS-Q172 Redhawk Tire Store & Car Wash DP-CUPlPlannlnglFinal COA.doc 10 Planning Department 60. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. 61. All downspouts shall be internalized. 62. Three copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of T emecula Fee Schedule at time of submittal). b. Provide a minimum five foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. c. Provide an agronomic soils report with the construction landscape plans. d. One copy of the approved grading plan. e. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). f. Total cost estimate of plantings and irrigation (in accordance with approved plan). g. Provide a three foot minimum landscape berm along Margarita Road to screen the car wash bays. h. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. i. Specifications shall indicate that a minimum of two landscape site inspections will be required. One inspection to verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two (2) hours without loss of pressure. The second inspection will verify that all irrigation systems have head-to- head coverage, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The applicant/owner shall contact the Planning Department to schedule inspections. 63. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a 3 foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after- thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. 64. Building Construction Plans shall include details outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape (choose or add to as appropriate) to G:\Planning\200S\PAOS-0172 Redhawk Tire Store & Car Wash OP.CUPlPlanning\Rnal COA.doc 11 match the style of the building subject to the approval of the Planning Director. 65. Building plans shall indicate that all roof hatches shall be painted "International Orange". 66. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine-inch grid pattern with 45-inch tall numerals spaced nine-inches apart. The numerals shall be painted with a standard nine-inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. Public Works Department 67. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00 percent minimum over A.C. paving. . b. Driveway shall conform to the applicable City of Temecula Standard No. 207A. c. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401and 402. d. All street and driveway centerline intersections shall be at 90 degrees. e. Public Street improvement plans shall include plan and profile showing existing topography, utilities, proposed centerline, top of curb and flowline grades. f. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 68. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Margarita Road (Arterial Highway Standards - 110' R1W) to include installation of sidewalk, drainage facilities and utilities (including but not limited to water and sewer). 69. The Developer shall construct the following public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works: a. Street improvements, which may include, but not limited to: sidewalk and drive approach b. Sewer and domestic water systems c. Under grounding of proposed utility distribution lines 70. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. G:\Planning\2005\PA05-0172 Redhawk Tire Store & Car Wash DP-CUPlPlanninglFinaJ COA.doc 12 71. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 72. The Developer shall obtain an easement for ingress and egress over the adjacent property (Lot 25 of Tract Map No. 3752). 73. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the T emecula Municipal Code and all Resolutions implementing Chapter 15.06. 74. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the T emecula Municipal Code and all Resolutions implementing Chapter 15.08. Building and Safety Department 75. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Fire Prevention 76. Prior to building construction, all locations where structures are to be built shall have 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 lbs. GVW (CFC 8704.2 and 902.2.2.2). 77. 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). 78. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval 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). Community Services Department 79. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. G:\Planning\2005\PA05-0172 Redhawk Tire Store & Car Wash DP.CUPlPlannlnglFlnal COA.doc 13 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:\Planning\2005\PA05-o172 Redhawk Tire Store & Car Wash DP-CUPlPlannlnglFinal COA.doc 14 Planning Department 80. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening if reviewed and approved by the Director of Planning. 81. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 82. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for a period of one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released upon request by the applicant. 83. 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 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." 84. 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 three square feet in size. 85. All site improvements including but not limited to parking areas and striping shall be installed prior to occupancy or any use allowed by this permit. 86. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department 87. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. G:\Planning\2005\PA05-o172 Redhawk Tir. Star. & Car Wash DP-CUPlPlannlnglFinal COA.doc 15 88. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastem Municipal Water District Department of Public Works 89. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. Fire Prevention 90. 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). 91. 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 (CFC 901.4.4). 92. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation (CFC Article 10, CBC Chapter 9). 93. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation (CFC Article 10). 94. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door (CFC 902.4). 95. AIVall manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC 902.4). 96. 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. 97. Prior to the issuance of a Certificate of Occupancy, building final or occupancy, buildings housing high-piled combustible stock shall comply with the provisions of Uniform Fire Code Article 81 and all applicable National Fire Protection Association standards. The storage of high-piled combustible stock may require structural design considerations or modifications to the building. Fire protection and life safety features may include some or all of the following: G:\Planning\2005\PA05-{)172 Redhawk Tire Store & Car Wash DP-CUPlPlanninglRnal COA.doc 16 an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads (CFC Article 81). 98. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health Department and Fire Prevention Bureau (CFC 7901.3 and 8001.3). 99. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). G:\Planning\2005\PAOS-0172 Redhawk Tire Store & Car Wash DP-CUPlPlanninglFinal COA.doc 17 OUTSIDE AGENCIES G:\Plannlng\2005\PA05-0172 Redhawk Tire Store & Car Wash DP-CUPlPlanninglFinal COA.doc 18 100. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated June 22, 2005, a copy of which is attached. 101. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated June 13, 2005, a copy of which is attached. 102. The applicant shall comply with the recommendations set forth in the Pechanga Cultural Resources letter dated June 20, 2005, a copy of which is attached. 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. Applicanf s Signature Date Applicant's Printed Name G:IPlanning\2005IPA05-o172 Redhawk Tire Store & Car Wash DP-CUPIPlannlng\FInal COA.doc 19 ~.. . . ". . . 0 COUNIY OF RIVERSIDE · HEAltH SERVICES AGENCY 0 . DEPAR'fMENTOF ENVIRONMENTAL HEALTH . Cityof'li P.O. Box 903 T...........l'l '. AtteIIlion: }>Imming Depar1ment . 92589-9033 Damko r;:, I': . '-"':':'~-L' J! ' . i. :,1:.1. : : ~: : I !' i', JUN 2 7 Z005 ii! ;1. !'-,!..: ,.::'1 ! ~'"1 --___.. ',I .... -. _. ~--::----- ---. - -.___._..... I RE: neve ne. Ms 'Plan No. PAOS-OI12 1. of Environmental Health bas reviewed the Development Plan to constructa. 8,353 sq.,ft..tite store and se1f-server car wash and IuIs DO objections. . Although we have DO recem info 'on in regards water and' sewer availabiliiy,' water and sewer services should, be a . Ie in this area. . 2; PRIO .TO.TBJ; ISSUANCE OF BUILDING PERMITS TBJ; FOLWWING SHOULD BE 1JIlW):. ..' .' .' . . . . a) "W'dl-serve" letters from the appropriate wider and sewering districts. . " , .' .b) If there are to be any food establishmentS, (including vending machines), three eoinplete . sets of plans for eich food establishment will be submitted including a fixture ~hedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food FacilitiesLaw 2. For specific reference, contact Food Facility Plan Examiners at (909) 6O().;.6330. . c) If there are to be any hazardous materials. a clearance letter from the Department of Environmental Health Hazardous Materials ManagClDent Branch (955-5055) will be required indlcating that the project bas been clelired for: . UndeJgl'OllDd storage tanks, Ordinance # 617.4. . Hazardous Waste Generator Services. Ordinance # 615.3. . Hazardous Waste DiscloSure (in accordance with Ordinance # 651.2). . Waste reduction mariagement. Sincerely, .~s (909) 955-898 NOTE: Any cunent additioual n:quirements not covered can be applicable at time of Building Plan review for final Depar1ment of EnvironmeotaI Health clearance. pson, Hazardous Materials 'CC: ocal Enfolcement Agency' .0, Box ]280. Riverside. CA 92502.]280 . (909) 955.8982 . FJ\X (909) 78].9653 . 4080 Lemon Slreel. 9th Floor. Riverside, CA 9250] .nd Use and Water Englneell g . p.0. Box ]206, Riverside, CA 92502.]206 . (909) 955.8980 . FJ\X.(909) 955-8903 . 4080 Lemon Street, 2nd Roor, Riverside, CA 9250] ..ILDnb :1 Sr. VkePreelderat I I , JoImIl.Boo,w.d II ~B. MdIDIau I .......J;_ I ~}.f Pen71L Wack ~ I ........ olPlannh>g I ~-I ;........~ I __/AdmI_ &inic..~ I . 1 C. M1..... ........ i But Ben A &Iepi'" t.Lt GeDel'al CouDseI I ! , I I i i I I I tf.U ~ Rancho later Board olDmcton Cubil P.Ro ......... _...~ _.B.""'" u..~.1Iermaa """"'" I i I I . I . . June 13, 2005 I I I Christine Damko, Project Planner City of Temeeula Planning Department Post Office Boit 9033 TemecUla, CA . 92589-9033 . Ii -\ -;.~~~:-C-!;-;ijI-["i.' r ~1 ~i i\ : i' '.' . . " 'L; 1'111 :: :..-: . :1 i ; '. JUN 1 4 2005 '! :' i:.~;!' :..:.',1: L L }\~'.,-:' ";-__ ~:::-: ... .- -.. '..-,"'-- "':-','.:.':;j . WATERA V AILABILITY . REl)HA WI( TIRE STORE AND CAR WASH PARCEL NO.7 OF PARCEL MAP NO. 28384 APN 959-09f).807; PAOS-0172 (ECUMENICAL INVESTMENTS, INC.) SUBJECT: Dear Ms. Damko: Please. be advised that the above-referenced property is located within the. . bOundaries of Rancho California Water District (RCWD). Water service, therefore, woUld hi: available upon co_ction of any required on-site and/or . off-site water facilities and the completion of finimcial arrangements between RCWD and the property owner. Iftire proteCtion is required, the customer will need to contact RCWD for fees and requirements.' Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water -management rights, if any, to RCWD. If you shoUld have any questions, please contact an Engineering Services . Representative at this office at (951) 296-6900. Sincerely, ~OC~~7-cr Mi el G. Meyerpet~,'p.'1 ) . Development Engineering Manager OSIMM:lmOS4\FEG c: Laurie Williams, Engineering Services Supervisor 1_(~~~,. . 7Jri1j purnnc:r ~:=:...-,-- Rancho California Water District 42135WmchesterRoad . PostOflioeBox9017 . Temecula.Califonrla92589-9017 . (951)296-6900 . FAX(g5U296-6860 ," Chairperson: Germaine Arenas PECIlANGA CULTURAL RESOURCES TemecuIa Band of Luireflo Mission Indians Vl"'~n: Mary Bear Magee POoI9fticeBox2183 . ~CA92S93 'Mepbonc (909) 308-9295 . Fax (909) 506-9491 Committee Members: . RaynioJid Basq1iez, Sr. " EvIO Gerbei- Darlene Au8reUi " Bridgett BarceI10 lWWell Frances VlI1a1Oboo " I i 1 Christine bamko 'remecu1~ Planning Department PO Box9p.33 "". . " Temecu1a1 CA 92589 "i . I I. . I " " . . ~: Comments on Redhawk 'I'ite StOre and Car Wash . i . Dear Ms. ~amko, '! . nls comm~t letter is submitted by the Pechanga Band ofLUisefto Indians (hereinafter, "Pechan~ribe,,)' a federally recogJ"i7.ed Indian tribe and sovereign government The Pechanga Tn1>e is fO. ally requestin. g, pursuant to Public Resoulces Code ~21 092.2, to be notified arid . . involved. the entire CEQA environmental review process for the duration of the above . referenCed project (the "Project''). .. . " . " " ,. I. ". . W~SUbmit the following comments on the above listed document for the Project. Additional comments may be submitted directly by Pechanga or through their attorneys. We . request all such comments be part of the official record for the approval oftbis Project.. . I . . . WelalSo"request that the Temecu1a Planning Department provide us with copies of all . archeologiJaI studies, reports, site records, proposed teSting plans, and proposed mitigation . measUres, ~d conditions as soon as they become available. for our comment. I . ! i , I I ;THELE~ ~GENCY MUST INCLUDE AND CONSULT WIm mE TRIBE IN ITS , , .. REVIEW PROCESS June 20, 2005 Monitor Supervisor: AureliaMarralJ'o ., .~. ,-. "F' r.;" '"H ,. '1~. I"" r' P!1k' Ii:: I:' II Iii ,[In! i::'.": '"," " , '";' '.. ", II! i : ,;" JUN 2 7 Z005 : i! 11 "-, " ,.jJ L., " . 'j : ----.---- ........ . .. n...._._ DirectoT. Gary DuBola , i .1 Socred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need ~ , ' Pechanga PoIDnlent letter to T~ecula Planning DePartment ,,' , ' " RE: D~elopment Plan and Conditional Use Permit for Redhawk Tire Store and Car waSh Page2! " , , It ~as, been the intent of the Federal Governmentl and the State 0," fCalifomia2 that Indian ,', tribes be cfnsulted with regard to issues which impact cultural and spiritual reSources, as well as ' other govepunental concerns. The responsibility to cOnsult with Indian tribes stems froni the unique government~tcrgovernment relationship between the United States and Indian tribes. This arises wheb tribal interests are affected by the actions of governmental agencies and departments such as approval of Specific Plans and EIRs. In 1his case, it is undisputed that the project lies within the ~seiio tribe's traditional teiritory. Therefore; in order to comply with CEQAand , ,other applipable Federal and Califomia law, it is imperative that the Lead Agency and the Project applicant~nsult with the Tribe in order to guarantee an adequate basis of knowledge for an ' apPropriatT evaluation of the project effects; as well as generating adequate mitigation measures. : PROJECT IMPACI'S TO CULTURAL RESOURCES . ! , Th~ Pechanga Tribe is not opposed to this developnient project; The Pechanga Tribe's primary e<lncenis stem from the project's likely impacts on Native American cultilral resources. The Pechapga Tribe is concerned about both the protection of unique and irreplacellblecultural reso, urc, ,=?', ,c~ as LUIS,' . eiiO, village ~ites and archaeological items which ,would be displace? by , \ ground, mg work on the project, and on the proper and lawful treatment of cultural Items, Native " erican human remains and sacred items likely to be discovered in the course of the work. ~ribe would also like to point out that a preferred methOdoftRiatment for , . areheolo' sites "r.rnrdiTlg to the CEQA is avoidanCe (California Public Resources Code ~21083.~~d that this is in agreement with the Tribe's pnictices and policies concerning cultural'Turces. " . .' ~ ' , ' Th Pechanga Tribe asserts that the Project area is part ofthePechanga Tribe's aboriginal territory, evidenced by the existence of Luis Clio plaCe names, rock art pictographs, , petro8Jyp$ and extensive artifact records that maybe found in the vicinity of the Project. Given , this thresh~ld for scope ofPechanga traditional teiritOry, the Pechanga Tn"be is concerned about the pi>tentiBiimp8cts to LuiseiiolPechanga resourcCs which may occur throughout the Project area. The jechanga Tribe contends that the Project area is likely to contain cultural resourCes due to the fact fhat approximately 3 important sites recol"lied within a I-mile radius. Given all the informatiop, there is a very strong likelihood oflocating sub-surface resources during ground , disturbing Ilctivities. , . I , . Th~ Pechanga Tribe's knowledge of the continuous occupation of the Luisefio people in this geogr~hiciU area for thousands of years, through their stories and songs, are cultural evidence ~at subsurface sites may exist in this Project area. Therefore, the Pechanga Tribe requests th~t in the case of discovery of new or additional sites or resources, that the Lead I See Execu ve Memorandum of April 29, 1994 on Govemment-to-Govemment Relations with Native American Tn'bal Gov nts and Executive Order of November 6, 2000 on ConsuJtation and Coordination with Indian Tn"bal Govemmen~. , . '. . . I 2, See Califo+a Public Resource Code iS097.9 et seq. i \ .... ... . Pechang~ comment letter to Temecula Planning Departmeilt . . . RE: D\welopment Plan and Conditional Use Peimit for Redhawk Tire Store and CarWash Page3 i I , Agency rcb-evaluate the Project impacts to cultural resources and adopt appropriate mitigation measures ~ address such. The Pechanga Tn'be intends to assert its legal rights with respeCt to . ~di!k>~ finds of significant sites or cultural resomces which are of sacred and ceremonial Slgndicanpe t!> the Pechanga Tn'be.. ,. . I " ,Gi~en that Luiseno cultural reso~ will likely be affecJed by the Project, the Pechanga Tribe musl be allowedtG be involved and participate with the Lead Agency and the Project , Applicantjin developing all monitoring and mitigation plans for the duration of the Project Further, mven the potential for archaeological resomces within the Project area, it is the position of the Pei:~ga Tribe that Pechanga m'bal monitors should be requited to be present during all ground~turbing aclivities conducted in COllllection with the project, including any , arch.' eolo~al t~g perform~ It is further the position of the Peehanga Tribe that an. .' Agreement regarding appropnate treatment of cultural resomces be drafted and entered mto.. !. . . .- ~er, the Pechanga Tribe believes that ifhuman remains are discOvered, State law would apply and the mitigation measures for the.peimit must accountfor this. According to the 'Califomja rublic Resources Code, , ~ 5097.98, if Native American human remain.. are " disi:ov;j the Native American Heritage coniniission must name a "most likely descendant," who shall e consulted as to the appropriate dispOsition of the remain... Given the Project's location in Pechanga territory, the PeChanga Tribe intends to assert its right pursuant to. .' . C.ali. . fOI111~a. vi with, regard to any remains or items discovered in the courSe of this project. And, .' according! ,the Pechanga Tn'be further requests that the Lead Agencywork with the Tribe to . draft an ement which would address any inadvertent discoveries of cultural resources, including an remains. . . .' I . , ' I . . .. ~, surveys and grading may reveal significant archaeological resources and sites which maylbe eligible for inclusion in the historic site register, and may contain human remains or sacred it~. Therefore, we request that the Lead Agency commit to evaluating Project , environm~ta1 impacts to any cultural sites that are discovered during archeological testing and grading, an!! to adopt appropriate mitigation for such sites, in consultation with the Pechanga Tribe.! . .' , I , The ~ribe requests that appropriate assClSS1llent of the archeological and cultural resources on the Pro~' t propertY be evaluated to deteimine significant and appropriate treatment by a qualified heologist in conjunction with.the Pechanga Tribe. Any such testing should involve the Tribe, , dall tests to determine impacts should be completed prior to Project approval. · For ~e reasons ~ve, the Pechanga Tribe requests the following mitigation measures be adopted at ~e present time. Upon completion of a thorough archeological assesSlDent additional mitigation measures may be necessary. . I I I. i Prior t9 the issuance of grading peimits, the Project Applicant/Developer is required totjDter into a Pre-Excavation Agreement with the Pechanga Band ofLuiseiio Indians. .' i ' REQUESTED MITIGATION . . , . . . !. . . . .' . . ..' . . - . I' '. '. .' ~. '. P~g/l CQJIJDlent letter to Temecilla Planning Department . . , RE:. Qevelopment Plan and Conditional Use Permit for Redhawk Tire Store and Car Wash Page4 i . . . ! This A~ent will address the treatment and disposition of cu1turaI resources aDd hwnan l'P.tn"inR ~ may be IDlcoveredduring construction as well as provisions for trib8.J. monitors. . i .., .... . ~i Tnoal nionitors frOm the. Pechanga B8Iid cifLuisef10 Indians Shall be allowed to monitor grading, excavation and grolDld~breaking activities Withiri niltivesoils in the TnDe~s . abori' . tenitory; inclUding further surveys; to be compensated by the Project . . . 'Appli~v.neveioper. The Pechanga. Tribal monitors willliave the authority to temporarily stop . , ,and ~ grading activities to evaluate the significance of any archaeological resources . discov~ on the property~ ill; conjlDlction with the archeologist and the Lead Agency. . , I . , . . . 4.: The landowner agrees to. relinquish. ownership of ~ Cultural resources, inclUding all ~ sacred items, burial goods and all archeological artifacts that are fOlDld on the Project area to th~ Pechanga Band ofLuisefto Indians for proper treatment and disposition. i 5.: All sacred sites within the Project area are to be avoided and preserved: ! i I ... , ~e Pechanga Tribe looks (orwardto working together 'With Christine Damko, TemecWa . . Planning :pepartment and other interested agencies iIi protecting the invaluable Luisefto cultural .resourceS ~olDld in the Project area. .If you liave any questions, please do not hesitate to contaCt me at (9~1) 308-9295 or Laura Miranda at (951) 676-2768, Ext 2137. Thank you for the opportunir to submit these comments.. .,. . i , , ,. , Sincerely, cflt Paul E. Macario Coordinator