HomeMy WebLinkAbout10-021 PC Resolution PC RESOLUTION NO. 10-21
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA REGOMMENDING THAT THE
CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA09-0288, A DEVELOPMENT PLAN TO CONSTRUCT 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 No's.
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: Development �
� Plan Application PA09-0288 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 use is in conformance with the General Plan for Temecula
and with all applicable requirements of State law and other Ordinances of the City;
This application is accompanied by a Specific P/an Amendment, Conditional Use
Permit application, and Mitigated Negative Declaration. The Specific Plan
Amendment identifies a car wash as requiring 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 station and this proposal meets the development
standards for car washes under section 17.08.040.D of the Developmenf Code.
The project has been reviewed and conditioned for approval by Building and
Safety, Fire, Police, Public Works, and Planning through the Development
Review Process (DRC) to ensure compliance with the General Plan and all
applicable requirements of State law and other Ordinances of the City.
B. The overall development of the land is designed for the protection of the
public health, safety, and general welfare;
The Development Plan has been reviewed and conditioned by Building and
Safety, Fire, Police, Public Works and Planning to ensure that the use will not be
detrimental to the health, safety, and general welfare of the community.
Furthermore, the project is consistent with the requirements of the General Plan
and Development Code, which contain provisions to protect the health, safety,
and general welfare of the community.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Development Plan Application, PA09-0288:
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 of 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. PA09-0288,
Development Plan with Mitigated Negative Declaration and Mitigation Monitoring
Program.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 3rd day of November 2010:
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Carl Carey, C irman
ATTEST:
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Patrick Richardson, Secretary
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I, Patrick Richardson, Secretary of the Temecula Planning Commission,. do
hereby certify that the forgoing PC Resolution No. 10-21 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.: PA09-0288
Project Description: A Development Plan to construct 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
DIF Category: Retail Commercial
TUMF Category: Retail Commercial
Approval Date: November 3, 2010
Expiration Date: November 3, 2012
PLANNING DEPARTMENT
Within 48 Hours of the Approval of This Project
PL-1. The applicanUdeveloper shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Two Thousand
Seventy-Four pollars and Twenty-Five Cents ($2,074.25) which includes the Two
Thousand Ten Dollar and Twenty-Five Cent ($2,010.25) fee, required by Fish and
Game Code Section 711.4(d)(3) plus the Sixty-Four pollar ($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 21152 and
California Code of Regulations Section 15075. 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 due to failure of
condition [Fish and Game Code Section 711.4(c)].
General Requirements
PL-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.
PL-3. The permittee shall obtain City approval for any modifications or revisions to the
approval of this project.
PL-4. 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-5. The Planning Director may, upon an application being filed 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-6. This project and all subsequent projects within this site shall be consistent with Specific
Plan No. SP-164, Roripaugh Estates and as amended by PA09-0246, Specific Plan
Amendment (text only) to change the permitted uses/development standards for
Planning Area 10 of the Roripaugh Estates Specific Plan to the standards of the
Neighborhood Commercial zoning district with the addition to conditionally permit
� automobile service stations with or without an automated car wash.
PL-7. The project and all subsequent projects within this site shall comply with all mitigation
measures identified within the associated Mitigated Negative Declaration for this
project.
PL-8. A separate building permit shall be required for all signage.
PL-9. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department.
PL-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.
PL-11. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers,
landscape debris, and waste from entering the storm drain system or from leaving the
property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or
repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters.
Ensure that all materials and products stored outside are protected from rain. Ensure
all trash bins are covered at all times.
PL-12. The "crushed rock" path indicated on the Landscape Plan at the corner of Nicolas and
Winchester Roads shall be decomposed granite or other material that meets ADA
accessibility standards satisfactory to the Building Department.
PL-13. The applicant shall paint a three-foot by three-foot section of the building for Planning
Department inspection, prior to commencing painting of the building.
PL-14. 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.
PL-15. 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 staff's 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 Conditions 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 ' COLOR
Decorative Solid Metal Garage Door To Match Field Color on existing c-store
Exterior Stucco Finish (body and trim) Paint to match existing c-store
Clay Spanish Tile To match existing c-store
Sound Wall and Tile Paint to match existing c-store with
porcelain glazed tile — Chianti color
PL-16. Trash enclosures shall be provided to house all trash receptacles utilized on the site.
These shall be clearly labeled on site plan.
PL-17. If construction is phased, a construction staging area plan or phasing plan for
construction equipment and trash shall be approved by the Planning Director.
PL-18. The applicant shall comply with their Statement of Operations dated June 3, 2010,
except as amended under PA09-0287 to specify hours of operation from 7 a.m. to 7
p.m. (not 10 p.m.), on file with the Planning Department, unless superseded by these
Conditions of ApprovaL - �
PL-19. This Conditional Use Permit associated with this project under PA09-0287 may be
revoked pursuant to Section 17.03.080 of the City's Development Code.
PL-20. 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-21. The developer shall contact the City's franchised solid waste hauler for disposal of
construction and demolition debris. Only the City's franchisee may haul demolition and
construction debris.
PL-22. The applicant shall comply with the Public Art Ordinance.
PL-23. All parkways, including within the right-of-way, entryway median, landscaping, walls,
fencing, recreational facilities and on-site lighting shall be maintained by the property
owner or maintenance association.
PL-24. All costs associated with the relocation of any existing streetlights shall be paid for by
the developer.
PL-25. The trash enclosures shall be large enough to accommodate a recycling bin, as well as
regular solid waste containers.
PL-26. Regular monitoring of the facility by an attendant shall be provided during business
hours to control noise, litter and other nuisances.
Prior to Issuance of Grading Permit(s)
PL-27. The applicant shall have the project reviewed and conditioned by the French Valley
Airport Land Use Commission (ALUC).
PL-28. 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.
PL-29. Double detector check valves shall be installed internal to the project site at locations
not visible from the public right-of-way, subject to review and approval by the Planning
Director.
PL-30. The applicant shall comply with the Cultural Resources Mitigation Measures identified
in the MND for this project.
PL-31. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural 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 Planning Director at his/her sole
discretion may require the property owner 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 archaeological/
cultural resource, the Planning Director shall notify the property owner of such
determination and shall authorize the resumption of work. Upon determining that the
discovery is an archaeological/cultural resource, the Planning Director 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 Planning
Director."
PL-32. If cultural resources are discovered during the project construction (inadvertent
discoveries), all work in the area of the find shall cease, and a qualified archaeologist
and representatives of the Pechanga Tribe shall be retained by the project sponsor to
investigate the find, and make recommendations as to treatment and mitigation.
PL-33. A copy of the Rough Grading Plans shall be submitted and approved by the Planning
Department.
Prior to Issuance of Building Permit(s)
PL-34. The applicant shall have the project reviewed and conditioned by the French Valley
Airport Land Use Commission (ALUC).
PL-35. All downspouts shall be internalized.
PL-36. Four 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,
height and spread, water usage or KC value, genus, species, and container size of the
plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance
and Water Storage Contingency Plan per the Rancho California Water District. The
plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee
Schedule at time of submittal) and one copy of the approved Grading Plan.
PL-37. The Landscaping and Irrigation Plans shall 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.
PL-38. The Landscaping and Irrigation Plans shall include a note stating that "Three landscape
site inspections are required. The first inspection will verify that the irrigation mainline
is capable of being pressurized to 150 psi for a minimum period of two hours without
loss of pressure, which will require inspection of irrigation installation of open trenches.
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 third inspection will verify proper
landscape maintenance for release of the one year landscape maintenance bond."
The applicant/owner shall contact the Planning Department to schedule inspections.
PL-39. The Landscaping and Irrigation Plans shall include a note on the plans stating that "The
contractor shall provide two copies of an agronomic soils report at the first irrigation
inspection."
PL-40. The Landscaping and Irrigation Plans. shall include water usage calculations per
Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost
estimate of plantings and irrigation (in accordance with approved plan). Applicant shall
use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable
water budget.
PL-41. 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.
PL-42. Precise Grading Plans shall be consistent with the approved rough grading plans
including all structural setback measurements.
PL-43. All WQMP treatment devices, including design details, shall be shown on the
construction landscape plans. If revisions are made to the WQMP design that result in
any changes to the conceptual landscape plans after entitlement, the revisions will be
shown on the construction landscape plans, subject to the approval of the Planning
Director.
PL-44. All utilities shall be screened from public view. Landscape construction drawings shall
show and label all utilities and provide appropriate screening. Provide a three-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.
PL-45. Building plans shall indicate that all roof hatches shall be painted "International
Orange."
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
PL-46. 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 reviewed and approved
by the Planning Director.
PL-47. 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 Planning
Director. The plants shall be healthy and free of weeds, disease, or pests. The
irrigation system shall be properly constructed and in good working order.
PL-48. Performance securities, in amounts to be determined by the Planning Director, 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 Planning Director, the bond shall be released upon request by the applicant.
PL-49. 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."
PL-50. 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.
PL-51. All site improvements including but not limited to parking areas and striping shall be
installed.
PL-52. All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
OUTSIDE AGENCIES
PL-53. The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's transmittal dated October 14, 2009, a
copy of which is attached.
BUILDING AND SAFETY DEPARTMENT
General Conditions/Information
B-1. Obtain street addressing for all proposed buildings.
B-2. All design components shall comply with applicable provisions of the 2007 edition of
the California Building, Plumbing and Mechanical Codes; 2007 California Electrical
Code; California Administrative Code, Title 24 Energy Code, California Title 24
Disabled Access Regulations, and the Temecula Municipal Code.
B-3. A receipt or clearance letter from the Temecula Valley School District shall be
submitted to the Building and Safety Department to ensure the payment or exemption
from School Mitigation Fees. �
B-4. Obtain all building plans and permit approvals prior to commencement of any
construction work.
B-5. Commercial and industrial project trash enclosures, patio covers, light standards, and
any block walls will require separate approvals and permits.
B-6. Signage shall be posted conspicuously at the entrance to the project that indicates the
hours of construction, as allowed by the City of Temecula Municipal Ordinance
9.20.060, for any site within one-quarter mile of an occupied residence. The permitted
hours of construction are Monday through Friday from 7:00 a.m. to 6:30 p.m., and
Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally
recognized Government Holidays.
B-7. The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a
Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This
project is subject to payment of these fees at the time of building permit issuance. The
fees are subject to the provisions of Ordinance 03-01 and the fee schedule in effect at
the time of building permit issuance. , �
At Plan Review Submittal
B-8. Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan applicable to scope of work for plan review.
B-9. Provide truss calculations that have been stamped by the engineer of record of the
building and the truss manufacturer engineer.
Prior to Issuance of Building Permit(s)
B-10. Provide appropriate stamp of a registered professional with original signature on plans.
Prior to Beginning of Construction
B-11. A pre-construction meeting is required with the building inspector prior to the start of
the building construction.
FIRE PREVENTION
General Requirements
F-1. 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.
F-2. If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction (CFC Chapter 5, Section 503.4).
F-3. Fire Department vehicle access roads shall have an unobstructed width of not less than
24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC
Chapter 5, Section 503.2, 503.4 and Temecula City Ordinance 15.16.020 Section E).
F-4. New and existing buildings shall have approved address numbers, building numbers or
approved building identification placed in a position that is plainly legible and visible
from the street or road fronting the property. These numbers shall contrast with their
background. Commercial buildings shall have a minimum of 12-inch numbers. (CFC
Chapter 5, Section 505.1 and Temecula City Ordinance 15.16.020 Section E).
PUBLIC WORKS DEPARTMENT
General Requirements
PW-1. Unless otherwise noted, all conditions shall be completed by the developer at no cost
to any Government Agency. It is understood that the developer correctly shows on the
site plan all existing and proposed property lines, easements, traveled ways,
improvement constraints and drainage courses, and their omission may require the
� project to be resubmitted for further review and revision.
PW-2. 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.
PW-3. 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.
PW-4. 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.
PW-5. 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 off site or entering any storm
drain system or receiving water.
PW-6. 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 Best Management Practices, (BMPs) source controls, and
treatment mechanisms.
Prior to Issuance of Grading Permit(s) �
PW-7. A grading plan shall be prepared by a registered civil engineer in accordance with City
of Temecula standards, and shall be reviewed and approved by the Department of
Public Works prior to the commencement of grading. The grading plan shall include all
necessary erosion control measures needed to adequately protect the site (public and
private) and adjoining properties from damage due to erosion.
PW-8. 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 in accordance
with Grading Ordinance Section 18.24.120.
PW-9. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to
the Department of Public Works with the initial grading plan check. The report shall
address all soil conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sections.
PW-10. A Geological Report shall be prepared by a qualified engineer or geologist and
submitted to the Department of Public Works with the initial grading plan check. The
� report shall address special study zones and the geological conditions of the site, and
shall provide recommendations to mitigate the impact of ground shaking and
liquefaction. ,
PW-11. Construction-phase pollution prev.ention controls shall be consistent with the City's
Grading, Erosion and Sediment Control Ordinance and associated technical manual,
and the City's standard notes for Erosion and Sediment Control.
PW-12. 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.
PW-13. As deemed necessary by the Department of Public Works, the developer shall receive
written clearance from the San Diego Regional Water Quality Board, Riverside County
Flood Control and Water Conservation District, Planning Department, or other affected
agencies.
PW-14. 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.
PW-15. Permanent landscape and irrigation plans shall be submitted to the Planning
Department and the Department of Public Works for review and approval.
PW-16. 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.
PW-17. The developer shall obtain letters of approval for any off site work performed on
� adjoining properties. The letters shall be in format as directed by the Department of
Public Works.
PW-18. The developer must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) permit from the State Water Resources Control Board.
No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or
the project is shown to be exempt.
PW-19. The site is in an area identified on the Flood Insurance Rate Map. This project shall
comply with Chapter 15.12 of the Temecula 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.
Prior to Issuance of Building Permit
PW-20. The developer shall dedicate an additional 25 feet of right-of-way along its property
frontage on Winchester Road.� The right-of-way dedication shall be submitted and
approved by the Department of Public Works.
PW-21. A construction area Traffic Control Plan shall be designed by a registered civil or traffic
engineer and reviewed by 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.
PW-22. 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.
PW-23. 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 Temecula Municipal Code
and all Resolutions implementing Chapter 15.06.
PW-24. 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 Temecula Municipal Code and all Resolutions implementing
Chapter 15.08.
Prior to Issuance of Certificate of Occupancy
PW-25. The project shall demonstrate the pollution prevention BMPs outlined in the WQMP
have been constructed and installed in conformance with approved plans and are ready
for immediate implementation.
PW-26. As deemed necessary by the Department of Public Works the developer shall receive
written clearance from Rancho California Water District, Eastern Municipal Water
District, or other affected agencies.
PW-27. The existing improvements shall be reviewed. Any appurtenance damaged or broken
shall be repaired or removed and replaced to the satisfaction of the Department of
Public Works.
PW-28. All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works. .
COL,�(TY OF RIVERSIDE • COMMV��fITY HEALTH AGENCY
DEPARTMENT OF ENVIRONMENTAL HEALTH
City of Temecula
Planning Deparkment ^ �� � �� � �
c% Cheryl Kitzerow/Matt Peters �'°�
PO BOX 9033
Temecula, CA 92589-9033 OCT � 1��y�
14 October 2009 �y —�� ., ..."�.----- --
RE: PA09-0246
The Department of Environmental Health (DEI� has received and reviewed the PA09-
0246 for the Specific Plan Amendment (SPA) (text only) to change the permitted
uses/development standards for Planning Area 10 of the Roripaugh Estates Specific Plan
to the standards of the Neighborhood Commercial zoning district with the addition to -
pemut automobile service stations with or without an automated car wars.
Associated with PA09-0287 and PA09-0288.
Project proponent proposes future car wash at the existing Arco ANI/PM at the southeast
comer of Winchester & Nicolas Roads, located at 40212 Winchester Road (APN 920100-
048). The SPA is filed under the applicant: Gregory S. Hann.
The DEH has reviewed the SPA and has no objections. Sanitary sewer and potable water
aze available in this area. The sewer purveyor will be required to condition the caz wash
so that the collection pits serving the recycled water will not overflow. Frequent pumping
may be required. Flow meter readings from other such facilities (PP 10700- Shell Station
at Box Springs) revealed 343 gallons per day from the Mart, 300 gallons per day from the
Restrooms and S 14 gallons per day from the Car Wash.
� An interceptor designed to the standards of the purveyor at time of building permit
issuance will be required for the proposed car wash.
If your have any questions, please do not hesitate to call me at 951.955.8980
Since
regor Dellenbach, REHS
EHS091019
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EXHIBIT B
DRAFT CC RESOLUTION
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA09-0288, A DEVELOPMENT PLAN TO
CONSTRUCT 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
Development Plan hereby finds, determines and declares that:
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;
This application is accompanied by a Specific Plan Amendment, Conditional Use
Permit application, and Mitigated Negative Declaration. The Specific Plan
Amendment identifies a car wash as requiring 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 station and this proposal meets the development
standards for car washes under Section 17.08.040.D of the Development Code.
The project has been reviewed and conditioned for approval by Building and ,
Safety, Fire, Police, Public Works, and Planning through the Development
Review Process (DRC) to ensure compliance with the General Plan and all
applicable requirements of State law and other Ordinances of the City.
B. The overall development of the land is designed for the protection of the
public health, safety, and general welfare;
The Development Plan has been reviewed and conditioned by Building and
Safety, Fire, Police, Public Works and Planning to ensure that the use will not be
detrimental to the health, safety, and general welfare of the community.
Furthermore, the project is consistent with the requirements of the General Plan
and .Development Code, which contain provisions to protect the hea/th, safefy,
and general welfare of the community..
Section 2. 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