HomeMy WebLinkAbout10-020 PC Resolution PC RESOLUTION NO. 10-20
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA09-0287, A CONDITIONAL USE PERMIT TO ALLOW
FOR THE OPERATION OF A 946-SQUARE FOOT DRIVE-
THRU CAR WASH AT THE EXISTING ARCO AM/PM GAS
STATION LOCATED AT THE SOUTHEAST CORNER OF
WINCHESTER AND NICOLAS ROADS, ADDRESSED AS
40212 WINCHESTER ROAD (APN 920-100-048)"
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On August 4, 2009, Mr. Gregory Hann filed Planning Application No.
PA09-0246, Specific Plan Amendment and on September 22, 2009 Planning
Application Nos. PA09-0287, Conditional Use Permit and PA09-0288, Development
Plan in a manner in accord with the City of Temecula General Plan and Development
Code.
B. On November 3, 2010, the Planning Commission recommended approval
of Planning Application Nos. PA09-0246, Specific Plan Amendment; PA09-0287,
Conditional Use Permit; and PA09-0288 Development Plan
C. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
D. The Planning Commission, at a regular meeting, considered the
Application and environmental review on November 3, 2010, 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.
E. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended approval of Planning Application Nos.
PA09-0246, Specific Plan Amendment; PA09-0287, Conditional Use Permit; and PA09-
0288 Development Plan with a Mitigated Negative Declaration and Mitigation Monitoring
Program subject to and based upon the findings set forth thereunder.
F. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in recommending
approval of the Application hereby finds, determines and declares that:
Conditional Use Permit Application PA09-0287 is in conformance with the General Plan
for Temecula and with all applicable requirements of State law and other Ordinances of
the City:
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The proposal, a request for a 946-square foot automated car wash is consistent
with the General Plan and Development Code. This Conditional Use Permit
application is accompanied by Specific Plan Amendment and Development Plan
applications. The Specific Plan Amendment identifies a car wash as a
Conditional Use Permit and clarifies that the property will be subject to fhe
Deve/opment Standards identified for the NC-Neighborhood Commercial zoning
district. Car washes are a common ancillary use for a gas station and this
proposal meets the deve/opment standards for car washes under section
17.08.040.D of the Development Code.
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;
The proposed car wash is to be located on a heavily traveled commercial corridor
that is fully developed. Surrounding uses include a high school, commercial and
residential development. An initial study has been prepared and mitigation
measures have been included to address noise impacts from the car wash
blowers on surrounding commercial and residential development. With these
and other mitigation measures identified, the project will not adversely affect
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 site for the proposed conditional use is adequate in size and shape to
accommodate the car wash. Loading, parking, and vehicular circulation will not
be adversely affected by the project as determined by Building and Safety, Fire,
Police, Public Works, and Planning through the Development Review Process
(DRC). The project will adhere to all other development features described in the
Development Code.
D. The nature of the proposed conditional use is not detrimental to the health,
safety, and general welfare of the community;
The conditional use has been reviewed and conditioned by Building and Safety,
Fire, Police, Public Works and Planning to ensure that the conditional use is not .
detrimental to the health, safety, and general welfare of the community.
Furthermore, the project is consistent with the requirements of the General P/an
and Development Code, which contain provisions to protect the health, safety,
and general welfare of the community.
E. That the decision to approve, conditionally approve, or deny the
application for a Conditional Use Permit be based on substantial evidence in view of the
record as a whole before the Planning Commission or City Council on appeal;
The decision to approve, conditionally approve, or deny the application is based
on substantial evidence in view of the record as a whole before the Planning
Commission and City Council.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Conditional Use Permit Application, PA09-0287:
A. Pursuant to California Environmental Quality Act ("CEQA), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
Specific Plan Amendment Application, as described in the Initial Study ("the Project").
Based upon the findings contained in that study, City staff determined that there was no
substantial evidence that the Project could have a significant effect on the environment
and a Mitigated Negative Declaration was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on October 12, 2010, and expired on November 1,
� 2010. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, located at City Hall 43200 Business Park
Drive, Temecula, California 92590.
C. No written comments were received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to the Planning
Commission and incorporated into the administrative record of the proceedings.
D. The Planning Commission has reviewed the Mitigated Negative
Declaration and all comments received regarding the Mitigated Negative Declaration �
prior to and at the November 3, 2010 public hearing, and based on the whole record �
before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance
with CEQA; (2) there is no substantial evidence that the Project will have a significant
effect on the environment; and (3) the Mitigated Negative Declaration reflects the
independent judgment and analysis of the Planning Commission.
E. Based on the findings set forth in the Resolution, the Planning
Commission hereby recommends adoption the Mitigated Negative Declaration prepared
for this project.
Section 4. Recommendation. The Planning Commission of the City of
Temecula hereby recommends approval of Planning Application No. PA09-0287,
Conditional Use Permit.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 3rd day of November 2010.
�� �
Carl Carey hairman
ATTEST:
Patrick Richardson, Secretary
,.-. .
�- (SE��; , ..
,. ' ' - ti ..'" . , . ', , .
, `� STATE-OF CAI::i�ORNIA )
�.:; COUNTY OF<�IVERSIDE )ss
�`-CITY OF.T�MECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 10-20 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 3rd day of November 2010, by the following vote:
AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight,
Telesio
NOES: 0 PLANNING COMMISSIONERS None
ABSENT: 0 PLANNING COMMISSIONERS None �
ABSTAIN: 0 PLANNING COMMISSIONERS None
Patrick Richardson, Secretary
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
�
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA09-0287
Project Description: A Conditional Use Permit to allow for the operation of a 946-square
foot drive-thru car wash at the existing Arco AM/PM gas station
Assessor's Parcel No.: 920-100-048
MSHCP Category: Commercial — to be paid under PA09-0288, Development Plan
DIF Category: Retail Commercial — to be paid under PA09-0288, Development Plan
TUMF Category: Retail Commercial — to be paid under PA09-0288, Development Plan
Approval Date: November 3, 2010
Expiration Date: November 3, 2012
PLANNING DEPARTMENT
General Requirements
PL-1. All Conditions of Approval for PA09-0288, Development Plan for the Car Wash at an
existing Arco AM/PM shall apply to the Conditional Use Permit.
PL-2. The attached Statement of Operations shall be amended to reflect revised hours of
operation from 7 a.m. to 7 p.m. (not 10 p.m.).
PL-3. The City, its Planning Director, Planning Commission, and City Council retain and
reserve the right and jurisdiction to review and modify this Conditional Use Permit
(including the Conditions of Approval) based on changed circumstances. Changed
circumstances include, but are not limited to, the modification of business, a change in
scope, emphasis, size of nature of the business, and the expansion, alteration,
reconfiguration or change of use. The reservation of right to review any Conditional
Use Permit granted or approved or conditionally approved hereunder by the City, its
Planning Director, Planning Commission and City Council is in addition to, and not in-
lieu of, the right of the City, its Planning Director, Planning Commission, and City
Council to review, revoke or modify any Conditional Use Permit approved or
conditionally approved hereunder for any violations of the conditions imposed on such
Conditional Use Permit or for the maintenance of any nuisance condition or other code
violation thereon.
PL-4. 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.
PL-5. The permittee shall obtain City approval for any modifications or revisions to the
approval of this project.
PL-6. 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.
PL-7. The Planning Director may, upon an application being filed within 30 days prior to
expiration, and for good cause, grant a time extension of up to 3 one-year extensions of
time, one year at a time.
PL-8. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department (PA09-0288).
PL-9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the
City's Development Code.
�MPIR� D�SIGN rIROUP, �N�.
24861 Washington Ave, Murrieta CA 92562
MAILING ADDRESS: P.O. Box 944 Murrieta CA, 92564
Ph(951)696-1490 Fax(951)696-1443
xhann@emuireer.biz
STATEMENT OF OPERATIONS
June 3, 2010
City of Temecula
Planning Department
43200 Business Park Drive
Temecula, California 92589
Re: Proposed Car Wash Addition
Existing ARCO Facility # 06305 .
40212 Winchester Road
Temecula, CA 92591
EDG #3029
The proposed car wash hours of operation are to be 7am to 10pm as is the existing
convenience store and fueling facility. There are no employees required as this will be a self-
serve roll-over car wash. Two additional parking spaces will be added to allow for customer
vacuuming. The majority of the traffic generated for the car wash is from existing customers on-
site. The car wash equipment is pre-manufactured and assembled on site. All water used to
operate the car wash is to be recycled.
If there are,any further questions please do not hesitate to contact our office.
Sincerely �
Gregory S. Hann, Architect
State of California License # 26663
EXHIBIT B •
DRAFT CC RESOLUTION
� RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA09-0287, A CONDITIONAL USE PERMIT TO
ALLOW FOR THE OPERATION OF A 946-SQUARE FOOT
DRIVE-THRU CAR WASH AT THE EXISTING ARCO
AM/PM GAS STATION LOCATED AT THE SOUTHEAST
CORNER OF WINCHESTER AND NICOLAS ROADS
ADDRESSED AS 40212 WINCHESTER ROAD (APN 920-
100-048)
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. On August 4, 2009, Mr. Gregory Hann filed Planning Application No.
PA09-0246, Specific Plan Amendment and on September 22, 2009 Planning
Application Nos. PA09-0287, Conditional Use Permit and PA09-0288, , Development
Plan in a manner in accord with the City of Temecula General Plan and Development
Code.
B. On November 3, 2010, the Planning Commission recommended approval
of Planning Application Nos. PA09-0246, Specific Plan Amendment; PA09-0287,
Conditional Use Permit; and PA09-0288 Development Plan
C. The Project was processed including, but not limited to a public notice, in
the time and manner prescribed by State and local law, including the California
Environmental Quality Act.
D. A Mitigated Negative Declaration was prepared for the Project in
accordance with the California Environmental Quality Act and the California
Environmental Quality Act Guidelines ("CEQA") and circulated for public review from
October 12, 2010 through November 1, 2010 for a 20-day public review. Copies of the
documents have been available for public review and inspection at the offices of the ,
Department of Planning, located at City Hall 43200 Business Park Drive, Temecula,
California 92590. � "
E. On November 3, 2010, at a duly noticed public hearing as prescribed by
law, the Planning Commission considered the Project and any comments received prior
to or at the public hearing on November 3, 2010, at which time the City staff presented
its report, and interested persons had an opportunity to and did testify either in support
or in opposition to the Project and the Mitigated Negative Declaration.
F. Following consideration of the entire record before it_ at the public hearing
and due consideration of the proposed Project the Planning Commission recommended
that the City Council adopt the Mitigated Negative Declaration prepared for the Project.
G. At the conclusion of the Planning Commission hearing and after due
consideration of the entire record before the Planning Commission hearing, and after
due consideration of the testimony regarding the proposed Project, the Planning
Commission recommended that the City Council approve the Project including Planning
Application Nos. PA09-0287, Conditional Use Permit and PA09-0288, Development
Plan in a manner in accord with the City of Temecula General Plan and Development
Code.
H. On , the City Council of the City of Temecula considered the
Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which
time all interested persons had an opportunity to and did testify either in support or in
opposition to this matter. The Council considered all the testimony and any comments
received regarding the Project and the Mitigated Negative Declaration prior to and at the
public hearing.
I. Following the public hearing, the Council adopted Resolution No. 10-
adopting the Mitigated Negative Declaration, and Mitigation monitoring Program.
J. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Legislative Findings. The City Council in approving the Conditional
Use Permit hereby finds, determines and declares that:
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The proposal, a request for a 946-square foot automated car wash is consistent
with the General Plan and Development Code. This Conditional Use Permit
application is accompanied by Specific Plan Amendment and Development Plan
applications. The Specific Plan Amendment identifies a car wash as 'a
Conditional Use Permit and clarifies that the property will be subject to the
Development Standards identified for the NC-Neighborhood Commercial zoning
district. Car washes are a common ancillary use for a gas sfation and this
proposal meets the development standards for car washes under section
17.08.040.D of the Development Code.
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;
The proposed car wash is to be located.on a heavily traveled commercial corridor
that is fully developed. Surrounding uses include a high school, commercial and
residential development. An Initial Study has been prepared and mitigation
measures have been included to address noise impacts from the car wash
blowers on surrounding commercial and residential development. With these
and other mitigation measures identified, the project will not adversely affect
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 site for the proposed conditional use is adequate in size and shape to
accommodate the car wash. Loading, parking, and vehicular circulation will not
� be adversely affected by the project as determined by Building and Safety, Fire,
Police, Public Works, and Planning through the Development Review Process
(DRC). The project will adhere to,all other deve/opment features described in the
Development Code.
D. The nature of the proposed conditional use is not detrimental to the health,
safety, and general welfare of the community;
The conditional use has been reviewed and conditioned by Building and Safety,
Fire, Police, Public Works and Planning to ensure that the conditional use is not
detrimental to the health, safety, and general welfare of the community.
Furthermore, the project is consistent with the requirements of the General P/an
and Development Code, which contain provisions to protect the health, safety,
and general welfare of the community.
E. That the decision to approve, conditionally approve, or deny the
application for a Conditional Use Permit be based on substantial evidence in view of the
record as a whole before the Planning Commission or City Council on appeal;
The decision to approve, conditionally approve, or deny the application is based
on substantial evidence in view of the record as a whole before the Planning
Commission and City Council.
Section 3. The City Clerk shall certify to the adoption of this Resolution and it
shall become effective upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this day of , 2010.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the day of , 2010, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk