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HomeMy WebLinkAbout16-67 CC Resolution RESOLUTION NO. 16-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THROUGH FOR A PROPOSED COFFEE SHOP 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) 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-through ' 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 Community Development Department, 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. Resos 16-67 1 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-through 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. 16-27 recommending that the City Council certify the Final 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. 16-32, A Resolution of the City Council of the City of Temecula Approving Planning Application PA14-2710, a Conditional Use Permit to allow a drive-through for a proposed coffee shop 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 November 15, 2016, 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. 16-63 adopting the EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations. I. 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 drive-through (PA14-2710), 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. Resos 16-67 2 The conditional use consists of a drive-through facility. These uses are permitted upon the approval of a Conditional Use Permit per the City of Temecula Development Code and the proposed Planned Development Overlay. The use is also consistent with the proposed Community Commercial General Plan designation proposed by the project. The project will also feature screen walls and enhanced landscaping along Temecula Parkway to screen the drive-through. These measures will help ensure that the visual impact from the drive-through will be minimal. The drive-through meets all requirements of the Temecula Development Code including stacking distance. 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. The drive-through will be located adjacent to Temecula Parkway and is screened. 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 City 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 Community Development Director, Planning Commission, or City Council on appeal. Resos 16-67 3 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. PA14-2710, a Conditional Use Permit to allow a drive-through for a proposed coffee shop 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), 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 15th day of November, 2016. Mic el S. Naggar, Mayor ATTEST- Randi ity Clerk [SEAL] Resos 16-67 4 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. 16-67 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 15th day of November, 2016, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, McCracken, Rahn, Naggar NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk Resos 16-67 5 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA14-2710 Project Description: Temecula Gateway CUP:A Conditional Use Permit to allow a drive-thru for a proposed coffee shop generally located on the north west corner of La Paz and Temecula Parkway Assessor's Parcel No.: 922-170-015 922-170-013 922-170-014 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Quimby Category: Non-Residential Project Approval Date: November 15, 2016 Expiration Date: November 15, 2018 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 5 one year 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 the prepared EIR (SCH #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. 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 onsite. 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. 7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. 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. 9. Previous Conditions of Approval. All previous Conditions of Approval from PA14-2707 & PA14-2708 shall remain in full effect unless superseded herein. 10. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 11. 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. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 12. 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. 13. 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. 14. 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. 15. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 16. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DIVISION General Requirements 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. ' 22. 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. 23. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 24. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 25. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 26. 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. 27. 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 28. 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 precise grading plan to verify accessibility for persons with disabilities. c. 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) 29. Onsite Water and Sewer Plans. On site water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. Prior to Issuance of Building Permit(s) 30. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 31. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 32. 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 enforced at the time of building plan submittal. Prior to Issuance of Building Permit(s) 33. 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). If the water line was installed up to the building on the master underground water plans then this permit will not be required for this building. 34. 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. 35. 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 36. 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). ' 37. Addressing. New 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).