HomeMy WebLinkAbout16-31 PC Resolution PC RESOLUTION NO. 16-31
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 A CONDITIONAL USE PERMIT
FOR A GAS STATION WITH A CONVENIENCE STORE
(INCLUDING THE SALE OF ALCOHOL PER ABC
LICENSE TYPE 20) AND CAR WASH TO BE GENERALLY
LOCATED ON THE NORTHWEST CORNER OF LA PAZ
ROAD AND TEMECULA PARKWAY (APN 922-170-014,
922-170-015, 922-170-013, AND 922-170-012) (PA14-
2709)"
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application
No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014,
Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative
Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use
Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed
Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility.
On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14-
2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed
Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie
Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a
Development Plan. These applications (collectively "Project') were filed in a manner in
accord with the City of Temecula General Plan and Development Code.
B. The Project was processed including, but not limited to a public notice, in
the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the Project
and environmental review on October 5, 2016, 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.
D. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in recommending
approval of Conditional Use Permit Application No. PA14-2858 hereby finds, determines
and declares that: Conditional Use Permit application No. PA14-2709 is consistent with
the General Plan for the City of Temecula and with all applicable requirements of State
law and other Ordinances of the City:
A. The proposed conditional uses are consistent with the general plan and
the development code.
The conditional uses will consist of an automobile service station with a
car wash and convenience store selling alcohol (Type 20 License). These
uses are permitted upon the approval of a Conditional Use Permit per the
proposed Planned Development Overlay. The uses are also consistent
with the proposed Community Commercial General Plan designation
proposed by the project.
The City of Temecula Development Code states that businesses selling
alcoholic beverages that require a Conditional Use Permit shall not be
located within six hundred feet of any religious or educational institution,
day care center or public park. The code indicates that this distance shall
be measured between the main entrance of the alcohol selling business
and the closest public entrance of the religious or educational institution
daycare center or public park. A religious/educational facility is located
north of the project site. However, approximately 750 feet separate the
main entrance of the convenience store and the closest public entrance of
the religious/educational facility.
Per the City of Temecula Development Code, the proposed car wash will
be fully screened from the residential across Vallejo Avenue. In addition,
the use will be supervised by several employees during operating hours.
The proposed operating hours are consistent with Development Code
requirements.
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 project will be surrounded by Highway Tourist, High density
residential, and Very Low density residential uses. A school and City
operated park-and-ride are also adjacent to the project site. The alcohol
use is approximately 750 feet from the entrance to the school. The
Development Code requires a distance of 600 feet. The structure housing
the conditional uses will be separated from the nearby residential with a
six foot high wall. Therefore the uses are 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.
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 council in order to integrate the use with other
uses in the neighborhood.
The site has been reviewed and determined to be adequate in size and
shape to accommodate the yards, walls, fences, parking and loading
facilities, buffer areas, landscaping, and other development features
prescribed in the Development Code and proposed Planned Development
Overlay and required by the Planning Commission and City Council in
order to integrate the use with other uses in the neighborhood.
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 in order to ensure compliance with
all requirements of the Development, Building, and Fire Codes. These
codes contain provisions designed to ensure the health, safety, and
general welfare of the community. No negative impacts are anticipated.
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 Director, Planning Commission, or City Council
on appeal.
The decision to conditionally approve the applications will be based on
substantial evidence in view of the record as a whole before the City
Council.
Section 3. Environmental Compliance Findings. The Planning Commission
hereby makes the following environmental findings and determinations in connection
with the approval of the Development Plan Application, PA14-2709:
A. Pursuant to California Environmental Quality Act (CEQA), City staff
determined an EIR of the potential environmental effects of the approval of
the Project, including the Zone Change Application would be necessary.
B. On June 25, 2015, a Notice of Preparation was released to all agencies
and persons that might be affected by the project.
C. On July 22, 2015, a scoping session was held at which time City staff and
interested persons had an opportunity to determine the extent of issues to
be addressed in the Environmental Impact Report for the Project.
D. Thereafter, the City contracted for the independent preparation of a Draft
EIR for the Project, including all necessary technical studies and reports in
support of the Draft EIR. The Draft EIR fully analyzed and disclosed the
Project's potential impacts on the environment, proposed mitigation
measures where appropriate to reduce potentially significant impacts to
the extent possible, and evaluated potential alternatives to the Project.
E. Thereafter, City staff circulated a Notice of Completion indicating
the public comment period and intent to adopt the EIR as required
by law. The public comment period commenced via the State
Clearing House from May 31, 2016 through July 14, 2016. A Notice
of Availability was also sent to adjacent property owners indicating
a review period of May 31, 2016 through July 14, 2016. Copies of
the documents have been available to public review and inspection
at the offices of the Department of Community Development,
located at City Hall, 41000 Main Street, Temecula, California
92590; the Ronald H. Roberts Temecula Public Library located at
30600 Pauba Road; Temecula Grace Mellman Community Library
located 41000 County Center Drive; and the City of Temecula
website.
F. Nine 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.
G. On October 5, 2016, at a duly noticed public hearing as prescribed by law,
the Planning Commission considered the proposed Project and any
comments received prior to or at the public hearing, 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 proposed Project
and the EIR. The Project has been environmentally reviewed pursuant to
the provisions of CEQA and the State CEQA Guidelines. The Planning
Commission has reviewed and considered the Draft EIR and the Final EIR
and, in the exercise of its independent judgment, recommends that the
City Council certify the Final EIR, make appropriate environmental
findings, adopt a Statement of Overriding Considerations, and adopt a
Mitigation Monitoring and Reporting Program for the Project. The
Planning Commission further recommends that the mitigation measures
set forth therein be made applicable to the Project.
Section 4. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council adopt a Resolution approving Planning
Application No. PA14-2709, a Conditional Use Permit to allow for a gas station with a
convenience store (including the sale of alcohol per ABC license Type 20) and carwash
to be generally located on the northwest corner of La Paz Road and Temecula Parkway,
in the form attached to this Resolution as Exhibit "A", subject to the Conditions of
Approval set forth on Exhibit "B", attached hereto, and incorporated herein by this
reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 5th day of October, 2016.
John Telesio, Vice Chairperson
ATTEST:
Luk at on
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 16-31 was duly and regularly adopted by
the Planning Commission of the City of Temecula at a regular meeting thereof held on
the 5th day of October, 2016, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: TELESIO, TURLEY-TREJO, WATTS,
YOUMANS
NOES: 0 PLANNING COMMISSIONERS: NONE
ABSENT: 1 PLANNING COMMISSIONERS: GUERRIERO
ABSTAIN: 0 PLANNING COMMISSIONERS: NONE
ke Watson
Secretary
EXHIBIT A
CITY COUNCIL RESOLUTION
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
PA14-2709, A CONDITIONAL USE PERMIT FOR A GAS
STATION WITH A CONVENIENCE STORE (INCLUDING
THE SALE OF ALCOHOL PER ABC LICENSE TYPE 20)
AND CAR WASH TO BE GENERALLY LOCATED ON THE
NORTHWEST CORNER OF LA PAZ ROAD AND
TEMECULA PARKWAY (APN 922-170-014, 922-170-015,
922-170-013, AND 922-170-012)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. On July 24, 2014, Tony and Amir Dehbozorgi filed Planning Application
No. PA14-0167, a Zone Change/Planned Development Overlay. On November 3, 2014,
Tony and Amir Dehbozorgi filed Planning Application Nos. PA14-2708, a Tentative
Parcel Map; PA14-2707, a Development Plan; and PA14-2709, a Conditional Use
Permit for a gas station. On November 4, 2014, Tony and Amir Dehbozorgi filed
Planning Application No. PA14-2710, a Conditional Use Permit for a drive-thru facility.
On December 8, 2014, Tony and Amir Dehbozorgi filed Planning Application PA14-
2858, a General Plan Amendment. On July 2, 2015, Tony and Amir Dehbozorgi filed
Planning Application PA15-0985, a Sign Program. On January 21, 2016, Sherrie
Munroe, on behalf of B&P Oil Services, filed Planning Application PA16-0090, a
Development Plan. These applications (collectively `Project') were filed in a manner in
accord with the City of Temecula General Plan and Development Code.
B. 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.
C. An Environmental Impact Report (EIR), Mitigation Monitoring and
Reporting Program, and Statement of Overriding Considerations were prepared for the
Project in accordance with the California Environmental Quality Act and the California
Environmental Quality Act Guidelines ("CEQA"). Thereafter, City staff circulated a
Notice of Completion indicating the public comment period and intent to adopt the EIR
as required by law. The public comment period commenced via the State Clearing
House from May 31, 2016 through July 14, 2016. A Notice of Completion was also sent
to adjacent property owners indicating a review period of May 31, 2016 through July 14,
2016. Copies of the documents have been available to public review and inspection at
the offices of the Department of Planning, located at City Hall, 41000 Main Street,
Temecula, California 92590; the Temecula Public Library located at 30600 Pauba Road;
Temecula Grace Mellman Community Library located 41000 County Center Drive; and
the City of Temecula website.
D. On October 5, 2016, the Planning Commission considered a Final
Environmental Impact Report, PA14-2858, a General Plan Amendment; Planning
Application No. PA14-0167, a Zone Change and Planned Development Overlay; PA14-
2708, a Tentative Parcel Map; PA14-2709, a Conditional Use Permit for a gas station;
PA14-2710, a Conditional Use Permit for a drive-thru facility; PA14-2707, a
Development Plan; PA16-0090, a Development Plan; and PA15-0985, a Sign Program
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 of or
opposition to this matter.
E. Following consideration of the entire record of information received at the
public hearing, the Planning Commission adopted Resolution No. 16-
recommending that the City Council certify the Final Supplemental Environmental
Impact Report for the Project, adopt a Statement of Overriding Considerations, and
approve a Mitigation Monitoring Program for the Project.
F. Following consideration of the entire record of information received at the
public hearings and due consideration of the proposed Project, the Planning
Commission adopted Resolution No. 16- , a Resolution of the City Council of the City
of Temecula approving Planning Application PA14-2709, a Conditional Use Permit for a
gas station with a convenience store (including the sale of alcohol per ABC Type 20)
and car wash to be generally located on the northwest corner of La Paz Road and
Temecula Parkway (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012).
G. On , the City Council of the City of Temecula considered the Project
and the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding
Considerations, 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 EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding
Considerations prior to and at the public hearing.
H. Following the public hearing, the Council adopted Resolution No. 16-
adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement
of Overriding Considerations.
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 for a gas station with a convenience store (including the sale of alcohol per
ABC license type 20) and car wash (PA14-2709), pursuant to Temecula Municipal Code
Section 17.04.010, hereby finds, determines and declares that:
A. The proposed conditional uses are consistent with the general plan and
the development code.
The conditional uses will consist of an automobile service station with a car wash
and convenience store selling alcohol (Type 20 License). These uses are permitted
upon the approval of a Conditional Use Permit per the proposed Planned Development
Overlay. The uses are also consistent with the proposed Community Commercial
General Plan designation proposed by the project.
The City of Temecula Development Code states that businesses selling alcoholic
beverages that require a Conditional Use Permit shall not be located within six hundred
feet of any religious or educational institution, day care center or public park. The code
indicates that this distance shall be measured between the main entrance of the alcohol
selling business and the closest public entrance of the religious or educational institution
daycare center or public park. A religious/educational facility is located north of the
project site. However, approximately 750 feet separate the main entrance of the
convenience store and the closest public entrance of the religious/educational facility.
Per the City of Temecula Development Code, the proposed car wash will be fully
screened from the residential across Vallejo Avenue. In addition, the use will be
supervised by several employees during operating hours. The proposed operating
hours are consistent with Development Code requirements.
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 project will be surrounded by Highway Tourist, High density
residential, and Very Low density residential uses. A school and City operated park and
ride are also adjacent to the project site. The alcohol use is appoximatley 750 feet from
the entrance to the school. The Development Code requires a distance of 600 feet. The
structure housing the conditional uses will be separated from the nearby residential with
a six foot high wall. Therefore the 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.
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 council in order to integrate the use with other
uses in the neighborhood.
The site has been reviewed and determined to be adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other development features prescribed in the Development Code and
proposed Planned Development Overlay and required by the Planning Commission and
City Council in order to integrate the use with other uses in the neighborhood.
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 in order to ensure compliance with all
requirements of the Development, Building, and Fire Codes. These codes contain
provisions designed to ensure the health, safety, and general welfare of the community.
No negative impacts are anticipated.
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 director, planning commission, or city council on
appeal.
The decision to conditionally approve the applications will be based on
substantial evidence in view of the record as a whole before the City Council.
Section 3. Conditions of Approval. The City Council of the City of Temecula
approves Planning Application No. PA14-2709, a Conditional Use Permit to allow for a
gas station with a convenience store (including the sale of alcohol per ABC license Type
20) and car wash to be generally located on the nort west corner of La Paz Road and
Temecula Parkway APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012),
subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and
incorporated herein by this reference.
Section 4. 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
Mike S. Naggar, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. - was duly and regularly adopted by the City Council of the
City of Temecula at a meeting thereof held on the _ day of , by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
EXHIBIT B
CONDITIONS OF APPROVAL
EXHIBIT B
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA14-2709
Project Description: Temecula Gateway Gas Station CUP:A Conditional Use Permit to allow for a
gas station with a convenience store (including the sale of alcohol perABC
license Type 20) and car wash to be generally located on the north west
comer of La Paz and Temecula Parkway
Assessor's Parcel No.: 922-170-014
922-170-015
922-170-013
MSHCP Category: Commercial
DIF Category: Retail Commercial
TUMF Category: Retail Commercial
Quimby Category: N/A Non-Residential
Approval Date:
Expiration Date:
PLANNING DIVISION
General Requirements
1. Indemnification of the City. The applicant and owner of the real property subject to this
condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its
attorneys 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.
2. Expiration. This approval shall be used within 2 years of the approval date. otherwise, it shall
become null and void. Use means the beginning of substantial construction contemplated by
this approval within the 2 year period,which is thereafter diligently pursued to completion,or the
beginning of substantial utilization contemplated by this approval, or use of a property in
conformance with a Conditional Use Permit.
3. Time Extension. The Director of Community Development may, upon an application being filed
prior to expiration, and for good cause, grant up to 3 extensions of time, one year at a time.
4. Compliance with EIR. The project and all subsequent projects within this site shall comply with
all mitigation measures identified within EIR No. 2015061086(September 2016).
5. Conformance with Approved Plans. The development of the premises shall substantially
conform to the approved site plan and elevations contained on file with the Planning Division.
6. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment,
walls, or other structures.
7. Water Quality and Drainage. 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. To ensure compliance with this Condition of Approval:
a. Spills and leaks shall be cleaned up immediately.
b. Do not wash, maintain,or repair vehicles on-site(with the exception of vehicle washing within
the approved car wash).
c. Do not hose down parking areas, sidewalks, alleys, or gutters.
d. Ensure that all materials and products stored outside are protected from rain.
e. Ensure all trash bins are covered at all times.
8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or
revisions to the approval of this project.
9. Sale of Motor Vehicle Fuel and Alcoholic Beverages. Notwithstanding any other provision of
law, establishments engaged in the concurrent sale of motor vehicle fuel with beer and wine for
off-premises consumption shall abide by the following conditions:
a. No beer or wine shall be displayed within five feet of the cash register or the front door unless
it is in a permanently affixed cooler.
b. No sale of alcoholic beverages shall be made from a drive-thru window.
c. No display or sale of beer or wine shall be made from an ice tub.
d. No beer or wine advertising shall be located on motor fuel islands and no self-illuminated
advertising for beer or wine shall be located on buildings or windows.
e. Employees on duty between the hours of 10 p.m. and 2 a.m.who sell beer or wine shall be at
least 21 years of age.
f. Regular hours of operation shall be between (enter hours), (enter#of days) days each week.
10. Statement of Operations. The applicant shall comply with their Statement of Operations on file
with the Planning Division, unless superseded by these Conditions of Approval.
11. Previous Conditions of Approval. All previous Conditions of Approval from PA14-2707 &
PA14-2708 shall remain in full effect unless superseded herein.
12. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section
17.03.080 of the City's Development Code.
13. City Review and Modification of CUP. The City, its Director of Community Development,
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
Director of Community Development, Planning Commission and City Council is in addition to,
and not in-lieu of, the right of the City, its Director of Community Development, 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.
14. Property Maintenance. 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.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
15. Screening of Loading Areas. 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
Director of Community Development.
16. Landscape Installation Consistent with Construction Plans. 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 Community Development. The plants shall
be healthy and free of weeds, disease, or pests. The irrigation system shall be properly
constructed and in good working order.
17. Performance Securities. Performance securities, in amounts to be determined by the Director
of Community Development, to guarantee the maintenance of the plantings in accordance with
the approved construction landscape and irrigation plan, shall be filed with the Planning Division
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
Community Development, the bond shall be released upon request by the applicant.
18. Installation of Site Improvements. All site improvements, including but not limited to, parking
areas and striping shall be installed.
19. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with
prior to occupancy or any use allowed by this permit.
Outside Agencies
20. Compliance with Dept, of Environmental Health. The applicant shall comply with the
recommendations set forth by the County of Riverside Department of Environmental Health.
21. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the
Eastern Municipal Water District's transmittal dated January 12, 2015, a copy of which is
attached.
BUILDING AND SAFETY DIVISION
General Requirements
22. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed
when building construction plans are submitted to Building and Safety for review. These
conditions will be based on occupancy, use, the California Building Code (CBC), and related
codes which are enforced at the time of building plan submittal.
23. Compliance with Code. All design components shall comply with applicable provisions of the
2013 edition of the California Building, Plumbing and Mechanical Codes, 2013 California
Electrical Code; California Administrative Code,2013 California Energy Codes, 2013 California
Green Building Standards, California Title 24 Disabled Access Regulations, and City of
Temecula Municipal Code.
24. Disabled Access. Applicant shall provide details of all applicable disabled access provisions
and building setbacks on plans to include:
a. All ground floor units to be adaptable.
b. Disabled access from the public way to the main entrance of the building.
c. Van accessible parking located as close as possible to the main entry.
d. Path of accessibility from parking to furthest point of improvement.
e. Path of travel from public right-of-way to all public areas on site, such as club house, trash
enclose tot lots and picnic areas.
25. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review,
a complete exterior site lighting plan showing compliance with County of Riverside Mount
Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other
outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division.
Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or
public rights-of-way.
26. Street Addressing. Applicant must obtain street addressing for all proposed buildings by
requesting street addressing and submitting a site plan for commercial or multi-family
residential projects or a recorded final map for single-family residential projects.
27. Clearance from TVUSD. 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.
28. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit
approvals prior to commencement of any construction work.
29. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards,
and any block walls will require separate approvals and permits.
30. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate
approvals and permits.
31. Hours of Construction. Signage shall be prominently posted at the entrance to the project,
indicating 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 Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted
on Sundays and nationally recognized Government Holidays.
32. House Electrical Meter. 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 how the operation of
exterior lighting and fire alarm systems when a house meter is not specifically proposed.
At Plan Review Submittal
33. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4)
complete sets of plans and two (2) sets of supporting calculations for review and approval
including:
a. An electrical plan including load calculations and panel schedule, plumbing schematic, and
mechanical plan applicable to scope of work.
b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207,
of the 2013 edition of the California Building Code.
c. A precise grading plan to verify accessibility for persons with disabilities.
d. Truss calculations that have been stamped by the engineer of record of the building and the
truss manufacturer engineer.
Prior to Issuance of Grading Permit(s)
34. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the
building plans, shall be submitted to Building and Safety for review and approval.
35. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector
prior to the start of the building construction.
Prior to Issuance of Building Permit(s)
36. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of
a registered professional with original signature on the plans.
FIRE PREVENTION
General Requirements
37. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances
per CFC Appendix C. Standard fire hydrants (6"x 4"x(2)2 '/2"outlets)shall be located on fire
access roads and adjacent public streets. For all Commercial projects hydrants shall be
spaced at 350 feet apart,and shall be located no more than 210 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 fire line may be required to be a
looped system. The upgrade of existing fire hydrants may be required (CFC Appendix C and
Temecula City Ordinance 15.16.020)
38. Fire Hydrant Clearance. As required by the California Fire Code, when any portion of the
facility or building hereafter constructed or moved into or within the jurisdiction is more than 400
feet from a hydrant on a fire apparatus road, as measured by an approved route around the
exterior of the facility or building, on-site fire hydrants and mains shall be provided where
required by the fire code official. (CFC Chapter 5)
39. Fire Dept. Plan Review. 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.
40. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial and residential buildings per CFC Appendix B. The developer
shall provide for this project, a water system capable of delivering 4,000 GPM at 20-PSI residual
operating pressure for a 4-hour duration for commercial projects. The fire flow can be available
from public and/or private water systems. (CFC Appendix B and Temecula City Ordinance
15.16.020)
Prior to Issuance of Grading Permit(s)
41. Access Road Widths. 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 and City Ordinance 15.16.020).
42. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to
support the imposed loads of fire apparatus and shall be with a surface to provide all-weather
driving capabilities. Access roads shall be 80,0001bs.GVW with a minimum of AC thickness of
.25 feet. In accordance with Section 3310.1, prior to building construction, all locations where
structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City
Ordinance 15.16.020).
Prior to Issuance of Building Permit(s)
41 Required Submittals (Fire Underground Water). The developer shall furnish three copies of
the water system plans to the Fire Prevention Bureau for approval prior to installation for all
private water systems pertaining to the fire service loop. 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. Hydraulic calculations will be
required with the underground submittal to ensure fire flow requirements are being met for the
on-site hydrants. The plans must be submitted and approved prior to building permit being
issued (CFC Chapter 33 and Chapter 5).
44. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the
Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the
installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the
issuance of building permit
45. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire
Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing
contractor to the Fire Prevention Bureau. The fire alarm system is required to have a
dedicated circuit from the house panel. These plans must be submitted prior to the issuance of
building permit
Prior to Issuance of Certificate of Occupancy
46. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective
markers (blue dots) (City Ordinance 15.16.020).
47. Knox Box. A"Knox-Box"shall be provided. The Knox-Box shall be installed a minimum of six
feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5).
48. Addressing. 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 with suite
numbers being a minimum of six inches in size. All suites shall have a minimum of 6-inch high
letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance
15.16.020).
49. Site Plan. 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 (CFC Chapter 5).
50. Additional Submittals (Fire Above/Below Ground Tanks). 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 Chapter 57 and City Ordinance
15.16.020).
51. Additional Submittals (Hazardous Materials). The applicant shall submit for review and
approval by the City Fire Department a Hazardous Material Inventory Statement and Fire
Department Technical Report. A full hazardous materials inventory report and color coded
floor plan is required for any building storing or using hazardous materials(CFC Chapters 1 and
50 through 67 and City Ordinance 15.16.020).
POLICE DEPARTMENT
General Requirements
52. Type 42 License. The applicant has applied for a Type 20 License. The applicant shall apply
for an ABC Type 20 license. An ABC Type 20 license authorizes the sale of beer and wine, for
consumption off the premises where sold (gas station&convenience store) Minors are allowed
on the premises. Food service is not required.
53. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with
Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public
Prohibited.
54. Identification Verification. Identification will be verified utilizing one of the following: (a) valid
California driver's license; (b) valid California identification card; (c) valid military identification
card (active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or
Territories of the United States;(e)valid U.S. Passport; (f)valid government issued identification
card issued by a Federal, State, County or City agency.
55. Acceptable Forms of Identificaion. As noted above, only a valid government issued
identification card issued by a Federal, State, County or City agency is acceptable, providing it
complies with Section 25660 of the Business and Profession Code (B&P), which includes the
following requirements: (a) name of person; (b) date of birth; (c) physical description, (d)
photograph; (e) currently valid (not expired). It is the responsibility of the business owner and
any person who serves or sells alcohol to be aware of current laws and regulations pertaining to
alcoholic beverages.
56. Disorderly House. Licensees may not permit their licensed premises to become a disorderly
house. A disorderly house is a licensed outlet(on or off sale)that: (a)disturbs neighbors with
noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and/or (b)
has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc.
The licensed premise includes the parking lot(Section 25601 B&P; 316 PC).
57. No Alcohol Sales Between 2:00 AM and 6:00 AM. Licensees may not sell, give, or deliver
alcohol(by the drink or by the package) between 2:00 a.m.and 6:00 a.m. of the same day. No
person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. Section 25631 B&P
Code). Licensees may not permit patrons or employees to consume alcohol between 2:00
a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m.
Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of
sale that are stricter that the law. Those licenses are marked "Conditional' (23805 B&P).
58. Inspections. Police officers, sheriff's deputies and ABC investigators are sworn law
enforcement officers(peace officers)with powers of arrest. Whether in plainclothes or uniform,
peace officers have the legal right to visit and inspect any licensed premises at any time during
business hours without a search warrant or probable cause. This includes inspecting the bar
and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area
within the licensed premises. It is legal and reasonable for licensees to exclude the public from
some areas of the premises. However, licensees cannot and must not deny entry to, resist,
delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 BAP; 148 and
241 (b) PC).
59. Employee Training for Identification Checks. The applicant shall ensure all employees
involved with the sales, service and identification checks for the purpose of any sales of
alcoholic beverages is trained in the proper procedures and identification checks. The
Temecula Police Department provides free training for all employers and employees involved in
the service and sales of alcoholic beverages. It is the responsibility of the applicant to setup a
training session for all new employees. Contact the Crime Prevention and Plans Unit at(951)
506-5132 to set up a training date. Training must be completed prior to the grand opening of
this business and periodic updated training when new employees/management are hired.
60. Questions Regarding Conditions. Any questions regarding these conditions should be
directed to the Temecula Police Department Crime Prevention and Plans Unit at (951)
506-5132.
Ja.• f'S-IJ
EASTERN MUNICIPAL
INATF R 1) ISTRICT
SINCE 19io
Board of Directors January 12, 2015
President
Randy A Record
01'ecfO1 Mr. Eric Jones
Joseph 1 Koehler,CPA
Philip E Paule City of Temecula Planning Department
David J.Slawson 41000 Main Street
Ronald W.Sullivan Temecula, Ca. 92590
General Manager
Paul D.Jones 11,P.E. Re: Temecula Gateway Gas Station CUP: A Conditional Use Permit to allow for
a gas station with a convenience store and car wash to be generally
r'eaSY1Ce located on the north west corner of La Paz and Temecula Parkwa
Joseph 1.Kuchler,CPA y
CaselPlan Number: PA 14-2709, APN 922-170-013 and PA 14-2707, APN
Chairman of the Board, 922-170-015.
The Metropolitan Water
District ofso.Indw.
Randy A.Record Dear Mr. Jones,
Legal Cannel The subject project requires sewer services from EMWD. The details of said service
Lemieux&D'Ne,ll connection points will be further detailed in a separate document, known as EMWD's
Plan of Service (POS), to be developed by the project proponent.
To that end, EMWD requires beginning dialogue with the project proponent at an
early stage in site design and development, via a one-hour complimentary Due
Diligence meeting. To set up this meeting, the project proponent should complete a
Project Questionnaire (form NBD-058) and submit to EMWD. To download this form
or for additional information, please visit our "New Development Process" web page,
under the "Businesses" tab, at www.emwd,oro. This meeting will offer the following
benefits:
1. Describe EMWD's development work-flow process
2. Identify project scope and parameters
3. Preliminary, high level review of the project within the context of existing
infrastructure
4 Discuss potential candidacy for recycled water service
Following the Due Diligence meeting, to proceed with this project, a Plan Of Service
(POS) will need to be developed by the developer's engineer, and
reviewed/approved by EMWD prior to submitting improvement plans for Plan Check.
Mailing Address: Post Office Box 8300 Perris,CA 92572-8300 Telephone:(951)928-3777 Fax: (951)928-6177
Location: 2270 Trumbie Road Perris,CA 92570 Internet www.emwd.ore
The POS process will provide the following:
1- Technical evaluation of the project's preliminary design
2- Defined facility requirements, i.e. approved POS
3- Exception: for feasibility evaluation of a purchase acquisition, only a conceptual
facilities assessment may be developed.
If you have questions or concerns, please do not hesitate to contact me.
SeIX
Maroun EI-Hage, M.S., P.E.
Senior Civil Engineer- New Business Dept. - Extension x4468 -- El-haaerriftemwd.ora