Loading...
HomeMy WebLinkAbout11-006 CC Resolution ! RESOLUTION NO. 11-06 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 Hatl 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. R:/Resos 2011/Resos 11-06 1 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 January 11, 2011, 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. 11-08 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 a 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 Neighborhood Commercial (NC) 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. 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, commercia/ 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 adverse/y affect adjacent uses, buildings or structures. R:/Resos 2011/Resos 11-06 2 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. 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 8uilding 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 Plan 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 City Council. Section 2. The City Council hereby approves 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), subject to the conditions of approval attached hereto and incorporated herein as Exhibit A. Section 4. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. R:/Resos 2011/Resos 11-06 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11 day of January, 2011. ' -�, Ron Roberts, Mayor ATTEST: Susan W Jon , MMC City Cle [SEAL] R:/Resos 2011/Resos 11-06 4 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. 11-06 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11 th day of January, 2011, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None l�t.J usan W Jones, MMC City Clerk R:/Resos 2011/Resos 11-06 5 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.