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HomeMy WebLinkAbout020200 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to pafficipate in this meeting, please contact the office ofthe City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA T'~tle II] AGENDA TEMECULA PLANNING COMMISSION A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE FEBRUARY 2, 2000 - 6:00 P.M. Next in Order: Resolution: No. 2000-007 CALL TO ORDER: Flag Salute: Roll Call: Commissioner Webster Fahey, Mathewson, Webster, Guerriero The Swearing in of the Newly Appointed Planning Commissioner - John Telesio PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that am listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commission about an item no_.Jt on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary pdor to the Commission addressing that item. There is a three (3) minute time limit for individual speakers. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. F:~DEPTS%PLANNING%PLANCOMM~AgendaS~000%2-2-00.doc 1 I Approval of Aaenda RECOMMENDATION: 1.1 Approve the Agenda of February 2, 2000. 2 Findina of Public Convenience or Necessity for the Health Zone Natural Foods Store, located at 41915 Motorcar Parkway, Suite A-C, at the northesast comer of Ynez Road and Solaria Way RECOMMENDATION: 2.1 Support Finding of Convenience or Necessity 3 Reauest to Rescind Approval of Tentative Tract Map No. 24126, Newland Communities, located north of De Portola, east of Maraadte, west of Butterfield Staae and south of Leena Way RECOMMENDATION 3.1 Approve COMMISSION BUSINESS PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. 4 Planning3 Application No. PA99-0382 (Lar~3e Family Day Care Home Facility Ordinance~ Citywide ordinance amendinQ the Development Code - Senior Planner Dave Hoaan RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 2000- A RESOLUTION OF THE PLANNING COMMISSION FOR THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE SEVERAL CHAPTERS OF THE TITLE 17 RELATING TO THE STANDARDS FOR LARGE FAMILY DAY CARE HOME FACITIIES" (PLANNING APPLICATION PA99-0382) F:%DEPTS%PLANNING%PLANCOMM~,gendas~2000%2-2-00.doc 2 5 Plannine Application No. PA99-0394 (Development Plan/Conditional Use Perrnitl, located on the east side of Ynez Road south of W'~nchestar Rood between the two mall entrances - Proiect Planner Thomas Thomslev RECOMMENDATION: 5.1 Adopt a resolution entitled: PC RESOLUTION NO. 2000- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-03!ki A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 13,311 SQUARE FOOT CAR WASH (CAR SPA) AND A CONDITIONAL USE PERMIT FOR A CONVENIENCE MARKET/GAS STATION AND A 1,514 SQUARE FOOT LUBE SHOP, ON A 1.93 ACRE LOT LOCATED ON THE EAST SIDE OF YNEZ ROAD BETWEEN THE TWO ENTRANCES TO THE PROMENADE MALL SOUTH OF WINCHESTER ROAD, KNOWN AS ASSESSOR'S PARCEL NO. 910-320-039 & 040 AND LOTS P AND Q OF LOT LINE ADJUSTMENT PA98-0495 AND PARCEL MERGER PA99-0007 5.2 Adopt a Notice of Exemption for Planning Application No. PA99-0394 (Conditional Use Permit/Development Plan) based on the Determination of Consistency with a project for which an Environmental Impact Report (EIR) was previously oortitled pursuant to CEQA Guidelines Section 15162 - Subsequent EIR's and Negative Declarations. COMMISSIONERS' REPORTS PLANNING MANAGER'S REPORT Request for 1999 Results of Quarterly ABC Juvenile Decoy Programs Presentation on the Lennar Tour to Orange County ADJOURNMENT Next regular meeting: February 16, 2000, 6:00 P.M., City Council Chambers, 43200 Business Park Ddve, Temecula, California. F:~DEPTS~PLANNINGM=LANCOMM%Agenda$~OOO%2-2-00.dOC 3 ITEM #2 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Debbie Ubnoske, Planning Manager February 2. 2000 Finding of Public Convenience or Necessity for the Health Zone Natural Foods Store, located at 41915 Motorcar Parkway, Suites A-C, at the northeast comer of Ynez Road and Solana Way Prepared by: Camle Donahoe, AICP, Associate Planner EXISTING ZONING: Community Commercial (CC) SURROUNDING ZONING: Community Commercial (CC) and Service Commercial (CC) GENERAL PLAN DESIGNATION: Community Commercial (CC) SURROUNDING GENERAL PLAN DESIGNATIONS: North: Service Commercial (SC) South: Service Commercial (SC) East: Service Commercial (SC) West: Service Commercial (SC) BACKGROUND The Health Zone Natural Foods Store is requesting the Planning Commission make a public convenience or necessity finding in order to sell beer and wine in their retail store at the community shopping center located at the northeast comer of Ynez Road and Solana Way. This finding is required because the applicant is requesting a Type #20 (Off-Sale General Retail) license from the Califomia Department of Alcoholic Beverage Control (ABC) within a census tract where the number of licenses issued has already been exceeded., ANALYSIS The Planning Commission has developed cdteda to either justify or not justify making a finding of Public Convenience or Necessity pursuant to State Law. These criteria and staffs preliminary responses are as follows: Criteria to JustiN Makin{:l a Findincl of Public Convenience or Necessity Q: Does the proposed establishment have any unique features which are not found in other similar uses in the community (i.e. types of games, types of food, other special services)? A: Yes. Health Zone Natural Foods Store offers a complete selection of organic produce, natural and organic bulk and packaged foods, refrigerated and frozen foods, vitamins, herbal supplements, and literature devoted to the attainment of health and well-being. They will offer only certified organically grown beer and wine, and are the only source in Southem Riverside County for a selection of these products. Therefore, their business fills a market niche not currently occupied by other license holders in the City. Q.' Does the proposed estab~shment cater to an under-served population (i.e. patrons of a different socio-economic class)? Yes. While the Health Zone is expected to serve all socio-economic classes, it is the destination of health conscious patrons with a particular interest in their approach to a healthy diet. In catedng to this unique group of individuals, the store does not carry a wide array of alcoholic beverage products, but rather specialty beer and wines that are priced accordingly. Organic produce is available elsewhere in the City but in small quantities and with a limited selection. Q.' Does the proposed establishment provide entertainment that would fill a niche in the community (i.e. a comedy dub, jazz dub, etc.) In this case this cdteria is not applicable. The Health Zone is not associated with entertainment. Q; Would the proposed mode of operation of the proposed establishment (i.e. sales in conjunction with gasoline sales, tours, etc.) be unique or differ from that of other estabfishments in the area ? A: No. Sales are anticipated to be typical of market operations. Q; Am thers any geographical boundaries (i.e. rivers, hillsides) or trsffic barriers (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments ? Yes. The community shopping center in which the Health Zone is located is bordered by major roadways, on the south by Solaria Way, and on the west by Ynez Road. Ovedand Drive separates this center from the commercial hub at Winchester Road. Furthermore, the center is surrounded by auto dealerships that comprise the Temecula Auto Mall. Is the proposed establishment located in an area where there is a significant influx of population during certain seasonal periods? No. Population in the area is expected to be seasonally stable, but increasing as the adjacent multi-family residential areas, the regional mall, and the balance of the auto mall continue to attract development. Cdteda to Not Justify Makincl a Findina of Public Convenience or Necessity Is there a proliferation of licensed establishments within a quarter mile of the proposed establishment? Yes. The site lies within Distdct 432-04, and according to the Alcohol Beverage Control office in Riverside, there are twenty (20) off-sale licenses allowed in this census tract, and thirty-two (32) currently active licenses issued. However, within a quarter mile radius of the Health Zone, there are only two off-sale licenses, one issued to the Shell gas station mini- mart and the other to Michael's Market, both in the same commercial center. According to the applicant's representative, the census tract ratios are misleading. District F:~DEpTS'~LANHING',STAFFRFr~i~IthZone. ALC.doc 2 Q; a: Q: 432.04 covers an inordinately large area, encompassing nearly all of the City as well as Redhawk, Vail and the De Luz areas (see Exhibit D). The number of licenses allowed is based upon the number of residents, and these areas have experienced an explosion of growth since the 1990 census statistics. The City currently reports a population of 48,828 (without Redhawk, Vail and De Luz) while the 1990 census tract figure is 27,599. The applicant contends that the allowable number of licenses should be a minimum of 42 (at the current rate of one license per every 1,400 residents). Are them any sensitive uses (i.e., schools, parks, hospitals, churches) in close proximity (600 feet) to the proposed establishment? No, there are no schools, parks, hospitals, churches or youth facilities within 600 feet of the proposed establishment. Would the proposed establishment interfere with these sensitive uses? No. Would the proposed establishment interfere with the quiet enjoyment of their proparty by the residents of the area? It is unlikely that the proposed market will interfere with residents east of the area. Residences are beyond 500 feet of the community commercial center, in which other licensees are currently operating. Will the proposed establishment add to law enforcement problems in the area? Staff contacted the Temecula Police Department regarding the proposed liquor license. Police officers have no objections and anticipate that the proposed sale of organically- produced beer and wine at the market will not add substantially to law enforcement problems in the area. Number of similar uses within the Ci~ There are nineteen licenses issued to grocery establishments within the City limits, however, none of them offer health foods. Number of other licensed establishments within 1 mile and 3 miles: There are 16 licensed retail stores with alcohol sales within one mile of the proposed market. A three mile radius would include a forty (40) licenses. Conclusion: Staff recommends the Commission determine that the project proposes a certain benefit by offering a product not otherwise available in the City. Attachments: Exhibits - Blue Page 5 B. C. D. E. F. Vicinity Map Zoning Map General Plan Census Tracts Licenses within % mile and I mile radii Licenses within % mile, 1 mile and 3 mile radii ATTACHMENT NO. 1 EXHIBITS CITY OF TEMECULA ect Site CASE NUMBER: Health Zone Natural Foods Store EXHIBIT- A PLANNING COMMISSION DATE - FEBRUARY 2, 2000 VICINITY MAP CITY OF TEMECULA EXHIBIT B - ZONING MAP DESIGNATION - COMMUNITY COMMERCIAL (CC) EXHIBIT C - GENERAL PLAN DESIGNATION - COMMUNITY COMMERCIAL (CC) CASE NUMBER: Health Zone Natural Foods Store PLANNING COMMISSION DATE - FEBRUARY 2, 2000 ITEM #3 VERBALPRESENTATION NEWLAND COMMUNITIES December 15, 1999 · "' 17 7999 Chairman and Members of the Planning Commission City of Temecula 43200 Business Park Drive Temecula, CA 92589-9033 Re: Reconsideration of Tentative Tract No. 24136, Amendment No. 2 Dear Chairman and Members of the Planning Commission: On November 17, 1999, the Planning Commission considered and approved Planning Commission Application No. PA99- 0296 ("Application"), Tentative Tract Map No. 24136, Amendment No. 2 ("Tract Map"). The Application was filed by Paseo Partners, LLC as the buyers of the property subject to the Tract Map (the "Property") owned by Newland Communities. Newland was in escrow to sell the Property to Paseo Partners and had consented to the filing of the Application. At the time the Planning Commission had the Application under review, the Temecula City Council was considering Amendment No. 7, Specific Plan No. 219 to provide, among other things, for a senior housing project to be developed in the Specific Plan area including the Property. For reasons not totally known to Newland, Paseo Partners decided not to acquire the Property subject to the Tract Map, Amendment No. 2 and not proceed with the senior housing project. Newland did not know of these changed circumstances when the Planning Commission approved Tract Map. Based on the actions of Paseo Partners, Newland Communities as the owner of the Property is respectfully requesting the Planing Commission to reconsider the Tract Map and repeal their actions in approving Amendment No. 2. With the approval of Amendment No. 7 to Specific Plan No. 219 by the City Council on November 16, 1999, the implementing zoning standards for a senior community are now a part of Specific Plan No. 219. Therefore, a senior development project could occur on this Property if another merchant builder buys the land from Newland and proposed to build a senior project. Your positive action on this request will be appreciated. Very truly yours, ~en~s~L Newland C~~meralifornia JMD:kz cc: Dennis O'Neil Dean Meyer ITEM #4 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION FebmaW 2, 1999 Planning Application No. PA99-0382 (Large Family Day Care Home Facility Ordinance) Prepared By: Dave Hogan, Senior Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission: ADOPT a PC Resolution entitled: PC RESOLUTION NO. 2000-__ A RESOLUTION OF THE PLANNING COMMISSION FOR THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE SEVERAL CHAPTERS OF TITLE 17 RELATING TO THE STANDARDS FOR LARGE FAMILY DAY CARE HOME FACILITIES" (PLANNING APPLICATION PA99-0382) BACKGROUND This item was previously considered by the Planning Commission on August 18, 1999. At that meeting, the Commission requested that staff bdng this issue back at a later date with additional information. The previous Development Code amendment proposed to further differentiate between small and large family day care home facilities, provided a detailed process about how the large fadlities would be reviewed and approved, and dadfled who had the authority to approve the facilities. This staff report has been revised to provide the Commission with three different approaches on how to address Large Family Day Care Home Facilities. ANALYSIS Because of the importance of providing home-based child care fadlities, the State legislature prescribes how local governments can regulate these facilities. Specifically, Section 1597.46 of the Health and Safety Code dictates that the City can deal with Large Family Day Care Homes in any of three ways, A copy of the Health and Safety Code Sections regulating Large Family Day Care Home Facilities is contained in Attachment No. 3. The three approaches to regulating Large Family Day Care Homes are as follows: Classify them as a permitted use and require no additional permits. A draft Ordinance to implement this option is contained in Exhibit A-1 of Attachment No. 2. Grant a non-discretionary permit for property zoned for single-family residential uses that complies with reasonable local standards such as parking, spacing and concentration, traffic control, and noise. A draft Ordinance to implement this option is contained in Exhibit A-2 of Attachment No. 2. R:\ORDINANCES'd_ARGE FAMILY DAY CAREt382PA99 PC.doc 1 Issue a permit after a public notice has been provided to all property owners within 100 feet of the exterior property lines of the subject property within 10 days of an application, The notice would state that the City would issue a permit for a Large Family Day Care Home Facility unless a request for a headng is filed with the City. A draft Ordinance to implement this option is contained in Exhibit A-3 of Attachment No. 2. The draft Ordinance also includes a provision that in any residential zone, large family day care home facilities shall be separated by at least 300 feet and, if they are located on the same street, be separated by at least 600 feet from any other facility. ENVIRONMENTAL DETERMINATION Staff prepared an Initial Environmental Study for the proposed Development Code amendment and is recommending that a Negative Declaration by approved for Planning Application PA99-0382. Attachments: 2 3. 4. PC Resolution No. 2000- - Blue Page 3 Proposed Ordinances - Blue Page 5 Excerpts of the Health and Safety Code - Blue Page 9 Initial Study - Blue Page 12 R:~ORDINANCES~LARGE FAMILY DAY CARE%382PA99 PC,~oc 2 ATTACHMENT NO. 1 PC RESOLUTION NO. 2000- R:~ORDINANCES~LARGE FAMILY DAY CARE~382PA99 PC.doc 3 A'R'ACHMENT NO. I PC RESOLUTION NO. 2000-,._ A RESOLUTION OF THE PLANNING COMMISSION FOR THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE SEVERAL CHAPTERS OF TITLE 17 RELATING TO THE STANDARDS FOR LARGE FAMILY DAY CARE HOME FACILITIES (PLANNING APPLICATION PA99-0382) WHEREAS, On November 9, 1993, the City Council of the City of Temecula adopted the General Plan; and WHEREAS, On January 25, 1995, the City Council of the City of Temecula adopted the Citys Development Code; and WHEREAS, the City has identified a need to amend the adopted Development Code; and WHEREAS, notice of the proposed Ordinance was posted at City Hall, County Library. Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; and, WHEREAS, a public hearing was conducted on February 2, 2000, at which time interested persons had an opportunity to testify either in suppod or opposition. NOW, THEREFORE, THE PLANNING COMMISSION FOR THE CITY OF TEMECULA DOES HEREBY RECOMMENDS THAT THE COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE SEVERAL CHAPTERS OF TITLE 17 RELATING TO THE STANDARDS FOR LARGE FAMILY DAY CARE HOME FACILITIES (PLANNING APPLICATION PA99-0382)" THAT IS SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT A. PASSED, APPROVED, AND ADOPTED this 19th day of January, 1999. Ron Guerriero, Chairperson I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 19th day of January, 1999 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:~ORDINANCES~,ARGE FAMILY DAY CARELt82PA99 PC.doc 4 ATTACHMENT NO. 2 PROPOSED ORDINANCES R:\ORDINANCES',LARGE FAMILY DAY CARE~382PA99 PC.doc 5 EXHIBIT A-1 PROPOSED ORDINANCE FOR APPROACH NO. I R:%ORDINANCES'~..ARGE FAMILY DAY CARE%382PA99 PC.doc 6 EXHBIT A-1 ORDINANCE 2000- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE SEVERAL CHAPTERS OF TITLE 17 RELATING TO THE STANDARDS FOR LARGE FAMILY DAY CARE HOME FACILITIES (PLANNING APPLICATION PA99-0382) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Table 17.06.030, the listings for Family day care homes are hereby amended to read as follows: ..... Description of Use Family day care homes - small Family day care homes - large Table 17.06.030 Residential Districts HR P P VL P P L-1 L-2 LM M P P P P P P P P H P P SECTION 2. Footnote 1 to Table 17.06.030 is hereby deleted. SECTION 3. Subsection 17.06.050.J.6 of the Temecula Municipal Code is hereby repealed. SECTION 4. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 5. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall cartif,/to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. SECTION 6. This Ordinance shall be in full forca and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and circulated in said City. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED AND ADOPTED this th day of ,2000. ATTEST: Jeff Stone, Mayor F:%Depts~LANNING\Ordinances~,..arge Family Day CareLt82PA99 *Appr~ch 1 .doc 1 Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2000- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the th day of , 2000 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the th day of ,2000, by the following vote: AYES: 0 COUNCILMEMBERS: None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan W. Jones, CMC City Clerk F:~Depts~LANNING\OrdinancesM_arge Family Day Caret382PA99 -Approach 1 .doc 2 EXHIBIT A-2 PROPOSED ORDINANCE FOR APPROACH NO. 2 R:~DRDINANCESU,.,ARGE FAMILY DAY CARE~382PA99 PC.doc 7 EXHBIT A-2 ORDINANCE 2000-.__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE SEVERAL CHAPTERS OF TITLE 17 RELATING TO THE STANDARDS FOR LARGE FAMILY DAY CARE HOME FACILITIES (PLANNING APPLICATION PA99-0382) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Table 17.06.030, the listings for Family day care homes are hereby amended to read as follows: Description of Use Family day care homes - smalll Family day care homes -- large1 Table 17.06.030 Residential Districts HR VL L-1 P P P P P P .T L-2 ! LM M H P P P P P P P P SECTION 2. Footnote I to Table 17.06.030 is hereby amended to read as follows: "1. No additional permit is required, all Family day care home facilities are subject to the provisions of Section 17.06.050.J." SECTION 3. Section 17.06,050.J is hereby amended to read as follows: Family Day Care Home Design Standards. All day care facilities shall be state licensed and shall be operated according to all applicable State and local health and safety regulations. Day care facilities shall be developed in the following manner: The facility shall comply with all land use regulations and site development standards of the zoning distdct in which it is located. In all residential zoning districts and planning areas, large day care facilities (seven or more children) shall not be located within three hundred feet of another large day care facility or within six hundred feet of another large family day care facility that is located on the same street. An outdoor play area shall be located in the rear yard area. Stationary play equipment shall not be located in required side and front yards. The outdoor play areas shall be securely located and appropriately landscaped. A six-foot high solid decorative fence or wall shall be constructed on all property lines, except in the front yard. Materials, textures, colors, and design of the fence or wall shall be compatible with on-site and adjacent properties. All fences and walls shall provide for safety with controlled points of entry. All on-site lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity appropriate to the use it is FADepts%PLANNING\Ordinances~Large Family Day Care~382PA99 -Appreach 2.dec 1 serving." SECTION 4. Severabilitv. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 5. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. SECTION 6. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and circulated in said City. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED AND ADOPTED this th day of ,2000. ATTEST: Jeff Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2000- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the th day of , 2000 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the th day of ,2000, by the following vote: AYES: 0 COUNCILMEMBERS: None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan W. Jones, CMC City Clerk \\TEMEC_FS101~VOL1 ~Depts~PLANNING~Ordinances~Large Famiiy Day Care~382PA99 -Approach 2.d~c 2 EXHIBIT A.-3 PROPOSED ORDINANCE FOR APPROACH NO. 3 R:\ORDINANCES%LARGE FAMILY DAY CARE'G82PA99 PC,doc 8 EXHIBIT A-3 ORDINANCE 2000-___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECUI_A, AMENDING THE SEVERAL CHAPTERS OF TITLE 17 RELATING TO THE STANDARDS FOR LARGE FAMILY DAY CARE HOME FACILITIES (PLANNING APPLICATION PA99-O382) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 17.06.050.J of the Temecula Municipal Code is hereby amended to read as follows: "J. Family Day Care Home Facilities. Small family day cam home radiities, as defined in Chapter 3.4, Division 2 of the Health and Safety Code, are permitted in all residential zoning districts. Although no specific permit is required, compliance with the performance standards contained in Section 17.06.050.J.3 of the Temecula Municipal Code is required. Large family day care home facilities, as defined in Chapter 3.4, Division 2 of the Health and Safety Code, are permitted in all residential zoning districts with the approval of a permit for a large family day cam home facility pursuant to the provisions of Section 17.04.015 of the Temecula Municipal Code. Compliance with the performance standards contained in Sections 17.06.050.J.3 and J.4 of the Temecula Municipal Code are required. 3. All day care home facilities shall comply with the following requirements. All day care facilities shall be state licensed and shall be operated according to all applicable State and local health and safety requirements and regulations. The facility shall comply with all land use regulations and site development standards of the zoning district in which it is located. An outdoor play area shall be located in the mar yard area. Stationary play equipment shall not be located in required side yard setbacks or in the actual front yard. The outdoor play areas shall be securely locked and appropriately landscaped, A solid decorative fence or wall at least five feet in height shall be constructed on all prepedy lines, except in the front yard. Materials, textures, colors, and design of the fence or wall shall be compatible with on-site and adjacent propedies. All fences and walls shall provide for safety with controlled points of entry. e. All on-site lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity appropriate to the use it is serving, F:~Depts%PLANNING~Ordinances~Large Family Day Care~382PA99 -Approach 3,doe 1 In addition to the provisions of Subsection J.3 above, large family day care home facilities shall comply with the following requirements. In all residential zoning districts and planning areas, large day care facilities shall not be located within three hundred (300) feet of another large family day care home facility or within six hundred (600) feet of another large family day care home facility that is located on the same street. Any additional design or operational requirements that may be necessary to ensure compatibility of the facility with the surrounding area and protect the public health and safety." Section 2. Section 17.04.015 creating Large Family Day Care Permits is hereby added to the Temecula Municipal Code to read as follows: "17.04.015 Large Family Day Care Permits Purpose and Intent. A large family day care permit is intended to allow the establishment of large family day care home facilities, as defined in Chapter 3.4, Division 2 of the Health and Safety Code, in a manner that is compatible with the sun'ounding area and that protects the general public health, safety and welfare. Application Requirements. Applications for large family day care permits shall be completed in accordance with the Section 17.03.030 of the Temecula Municipal Code. Notice. Upon the determination that a large family day care permit application is complete, the following shall occur: A public notice shall be sent to every residence within one hundred (100) feet of the site. The notice shall be mailed first class and postage pre-paid to the applicant and all occupants (at the site address) and property owners. 2. The Notice shall indicate the following information: The location and address of the proposed large family day care home facility. A description of the proposed activity, including the maximum number of permitted children and the days of the week and hours of the day that the facility is proposed to operate. A statement that the City will approve the proposed large family day care administratively unless a request for hearing is filed with the director of planning. The fourteen (14) calendar day period within which a written request for a hearing can be made. Hearing. If a written request for a hearing is filed with the director of planning dudng the fourteen (14) calendar day public hearing request period, a noticed public hearing F:~Depts%PLANNING\OrdirmncesU..arge Family Day Care%382PA99 -Approach 3.doc 2 shall be scheduled before the Planning Director to consider the application. The notice of public hearing shall be sent to all residents and property owners within three hundred (300) feet of the proposed facility. The requirements of Section 17.03.040,B.2 of the Temecula Municipal Code to notify at least thirty (30) property owners does not apply to the requirements of this hearing notice. Approval. A large family day care permit may be approved, conditionally approved or denied, either administratively or by the Planning Director after the public hearing. If no requests for a public headng are received during the fourteen (14) calendar day hearing request pedod, the director of planning may approve or conditionally approve the large family day care home permit. As determined to be necessary and appropriate, the director may refer any initial application to the Planning Commission. Decisions of the Planning Commission may be appealed to the City Council, pursuant to Section 17.03.090 of the Temecula Municipal Code. Findings. The Director of Planning, may approve or conditionally approve a large family day care permit only when the following findings can be made: The proposed use is compatible with the nature, character and use of the surrounding area. The large family day care use will not adversely effect adjacent residents or structures. The nature and location of the proposed use will not be detrimental to the health, safety, or welfare of the community and does not concentrate children in an dangerous location. Notice of Decision. A copy of the notice of decision shall be provided to the applicant in accordance with Section 17.03.040.E of the of the Temecula Municipal Code. Revocation. A large family day care permit may be revoked or modified by the director in accordance with the provisions of Section 17.03.080 of the Temecula Municipal Code." Section 3. described below. Chapter 17.03 of the Temecula Municipal Code is hereby amended as the following row: Table 17.03.010 of the Temecula Municipal Code is hereby amended to add Approval Large Family Day Care Home Facility *** Administrative Planning Planning Approval Director Commission X X City Council B. Add Footnote *** to Table 17.03,010 that reads as follows: "Large Family Day Care Home Facilities may be approved pursuant to the provisions of Section 17.04.015." C. Footnote 1 of Table 17.06,040 is hereby amended to read as follows: "Subject to the provisions of Section 17.04.015 and Section 17.06.050.J." F:~)epts~PLANNING\Ordinances~Large Family Day Care~382PA99 -Approach 3,do¢ 3 SECTION 4. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining pans of this Ordinance. SECTION 5. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. SECTION 6. This Ordinance shall be in full forca and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and circulated in said City. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED AND ADOPTED this th day of ,2000. ATTEST: Jeff Stone, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2000- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the th day of ,2000 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the th day of ,2000, by the following vote: AYES: 0 COUNCILMEMBERS: None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan W. Jones, CMC City Clerk F:~:)epts~PLANNING%Ordinances%J, arge Family Day Care~382PA99 -Approach 3.doc 4 ATTACHMENT NO. 3 EXCERPTS FROM THE HEALTH AND SAFETY CODE R:~ORDINANCES'~LARGE FAMILY DAY CARE~382PA99 PC.doc 9 EXCERPT OF THE CALIFORNIA HEALTH AND SAFETY CODE Section 1597.46. All of the following shall apply to large family day care homes: (a) A city, county, or city and county shall not prohibit large family day care homes on lots zoned for single-family dwellings, but shall do one of the following: (1) Classify these homes as a permitted use of residential property for zoning purposes. (2) Grant a non-discretionaW permit to use a lot zoned for a single-family dwelling to any large family day care home that complies with local ordinances prescribing reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control relating to such homes, and complies with subdivision (d) and any regulations adopted by the State Fire Marshal pursuant to that subdivision. Any noise standards shall be consistent with local noise ordinances implementing the noise element of the general plan and shall take into consideration the noise level generated by children. The permit issued pursuant to this paragraph shall be granted by the zoning administrator, if any, or if there is no zoning administrator by the person or persons designated by the planning agency to grant such permits, upon the cedi~cation without a headng. (3) Require any large family day care home to apply for a permit to use a lot zoned for single-family dwellings. The zoning administrator. if any, or if there is no zoning administrator, the person or persons designated by the planning agency to handle the use permits shall review and decide the applications. The use permit shall be granted if the large family day care home complies with local ordinances, if any, proscribing reasonable standards, rostdctions, and requirements concerning spacing and concentration, traffic control, parking, and noise control relating to such homes, and complies with subdivision (d) and any regulations adopted by the State Fire Marshal pursuant to that subdivision. Any noise standards shall be consistent with local noise ordinances implementing the noise element of the general plan and shall take into consideration the noise levels generated by children. The local government shall process any required permit as economically as possible, and fees charged for review shall not exceed the costs of the review and permit process. Not less than 10 days pdor to the date on which the decision will be made on the application, the zoning administrator or person designated to handle such use permits shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a 100 foot radius of the extedor boundaries of the proposed large family day care home. No headng on the application for a permit issued pursuant to this paragraph shall be held before a decision is made unless a hearing is requested by the applicant or other affected person. The applicant or other affected person may appeal the decision. The appellant shall pay the cost, if any of the appeal. (b) A large family day care home shall not be subject to the provision of Division 13 (commencing with Section 21000) of the Public Resources Code. (C) Use of a single-family dwelling for the purposes of a large family day care home shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910 of Division 13 (State Housing Law), or for purposes of local building and fire codes. R:\ORDINANCESM,ARGE FAMILY DAY CAREL382PA99 PC.doc 10 (d) (e) Large family day cam homes shall be considered as single-family residences for the purposes of the State Uniform Building Standards Code and local building and fire codes, except with respect to any additional standards specifically designed to promote the fire and life safety of the children in these homes adopted by the State Fire Marshal pursuant to this subdivision. The State Fire Marshal shall adopt separate building standards specifically relating to the subject of fire and life safety in large family day care homes which shall be published in Title 24 of the California Administrative Code. These standards shall apply uniformly throughout the state and shall include, but not be limited to: (1) the requirement that a large family day care home contain a fire extinguisher or smoke detector device, or both, which meets standards established by the State Fire Marshal; (2) specification as to the number of required exjta from the home; and (3) specification as to the floor or ticors on which day care may be provided. Enforcement of these provisions shall be in accordance with Sections 13145 and 13146. No city, county, city and county, or distdct shall adopt or enforce any building ordinance or local rule or regulation relating to the subject of fire and life safety in large family day care homes which is inconsistent with those standards adopted by the State Fire Marshal, except to the extent the building ordinance or local rule or regulation applies to single-family residences in which day care is not provided. No later than Apdl 1, 1984, the State Fire Marshal shall adopt the building standards required in subdivision (d) and any other regulations necessary to implement the provisions of this section. (Added by Stars. 1983, Ch. 1233.) R:~ORDINANCES~_ARGE FAMILY DAY CARE~382PA99 PC.doc 11 ATTACHMENT NO. 4 INITIAL STUDY R:\ORDINANCES*~,ARGE FAMILY DAY CARE%382PA99 PC.~oc 12 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Development Code Amendment (PA99-0382) Lead Agency Name and Address Contact Person and Phone Number Project Location City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 David Hogan, Senior Planner (909) 694-6400 Citywide Project Sponsors Name and Address City of Temecula General Plan Designation Not applicable Zoning Not applicable Description of Project An amendment to the Development Code to set specific standards for the review and approval of family day care home facilities. The proposal consists of three alternative approaches. The three approaches are as follows: 1. Do not specifically regulate large family day care home facilities; 2. Issue a non-discretionary permit for large family day care home facilities; or 3. Provide community notice before a permit is issued for a large family day care facility is approved. Unless stated otherwise, the analysis contained in this initial environmental study will evaluate the most regulatory approach Surrounding Land Uses and Setting Not applicable Other public agencies whose approval None. is required \\TEMEC_FS101\VOL1~Dep{S~pLANNING\CEQA~382pA99 IES.do¢ 1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use Planning Population and Housing Geologic Problems Water Air Quality Transportation/Circulation Biological Resources Energy and Mineral Resources Hazards Noise Public Services Utilities and Service Systems Aesthetics Cultural Resources Recreation Mandatory Findings of Significance None Determination (To be completed by the lead agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant on the environment, and a NEGATIVE DECLARATION will be prepared I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an eadier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the eadier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an eadier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that eadier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Printed name For \\TEMEC_FS101\VOL1~Depts~PLANNING~CEQA~382PA99 IES.cloc 2 1. Land Use and Planning. Would the project: : : ! :: : i: i ::: Ssgnmeeae: ~ ::Mitig~t~: : :Signmean,: No a. Physically divide an established community?. ,/ b. Conflict with applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, spec'ffic plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigation an environmental effect? Conflict with any applicable habitat conservation plan or natural community conservation plan? 2. POPULATION AND HOUSING. Would the project: : : :: ~ : ~: !: :;! ~;: :~:~:~:i E ~: ~ ~: i~:!is~i:~::~:i~:i !i!'~nti::i: :;~ ~iEIviigatioa~E::::: ::ESlg~i i: ~::iiNo::: a. Induce substantial population growth in an area, either ,/ directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, ,/ necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the ,/ construction of replacement housing elsewhere? 3. GEOLOGY AND SOILS. Would the project? Mitigalioa ~ bauee end Supnoffing Meom~ion S~urc. : :: : :~ Ironed :: tncor~mled Expose people or structures to potential substantial adverse effects, including the dsk of loss. injury, or death involving: i) Rupture of a known earthquake fault, as delineated on ,/ the most recent Alquist-Pdolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii)Seismic-related ground failure, including liquefaction? ,/ iv) Landslides? ,/ Result in substantial soil erosion or the loss of topsoil? ,/ SignHicant:: :N0 :impact:: Irnpec't \\TEMEC_FSI01%VOL1%DeptS~'LANNING\CEQA'~382PA99 IES.doc 3 Be located on a geologic unit or soil that is unstable. or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Be located on expansive soil, as defined in Table 1801-B of the Uniform Building Code (1994), creating substantial dsks to life or properbfi Have soil incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewere are not available for the disposal of waste water'7 .f 4. HYDROLOGY AND WATER QUALITY. Would the project: Violate any water quality standards or waste discharge requirements? Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a Iowedng of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Substantially alter the existing drainage pattern of the site or area. including through the alteration of the course of a stream or dver, in a manner which would result in substantial erosion or siltation on- or off-site? SubStantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Otherwise substantially degrade water quality? Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Place within a 100-year flood hazard area structures which would impede or redirect flood flows? Expose people or structures to a significant dsk of loss. injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation by seiche, tsunami, or mudflow?. %\TEMEC_FS101~VOL1~DepIs~PLANNING~CEQA~382PA99 IES.doc 4 AIR QUALITY. Where available, the significance criteria established by the applicable quality management or air pollution control district may be relied upon to make the following determinations. Would the project: ~ =., sups, n. b~m=t~ ..s~rc~. Conflict with or obstruct implementation of the applicable air quality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Result in a cumulatively considerable net increase of any cdteda pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number of people? Signicard Mifigalloa ~Signican~: 6. TRANSPORTATION/TRAFFIC. Would the project: poNnlially:::~SignificanlLInles& : : ~: :~ E: ESlgnitant:: :~: :lvliO~dioei ~ :::SIgnlfmae4:: E !:NO I Issues and Supporting ]r,~a~mtionSoUrc, es : :: EE :: : :~bnpact: E ;,~orated ~:i :~: fnpac~ Cause an increase in traffic which is substantial in ,/ relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle tdps, the volume to capacity ratio on roads, or congestion at intersections? Exceed, either individually or cumulatively, a level of ,/ service standard established by the county congestion management agency for designated roads or highways? Result in a change in air traffic pattems, including either an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due to a design feature ,/ (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Result in inadequate emergency access? ,/ Result in inadequate parking capacity? ,/' Conflict with adopted policies, plans, or programs ,/ supporting altemative transportation (e.g., bus turnouts, bicycle racks? \\TEMEC_FS101 \VOL1 ~)epts%PLANNING\CEQA~382PA99 IES,doc 5 7. BIOLOGICAL RESOURCES: Would the project: : ':: ::~ :: ~:: : : : · ::: :~; :::~=~:S~~:~::: : Have a substantial adveme effe~ either dimly or · mugh habi~t mod~ons, on any species ident~ed as a ~ndidate, sensitive, or spedal status spedes in to~1 or regional plans, polldes, or regulations, or by the Calibmia Depa~ment of Fish and Game or U.S. Fish and Wddlife Se~i~? Have a substantial adverse effe~ on any dpadan habitat or o~er .nsitive natural ~mmuni~ identified in Ioal or regional plans, polices, regulations or by the Calibmia Depament of Fish and Game or US Fish and Wddlife Se~i~? Have a substantial adverse effe~ of fedemily pmte~ed wetlands as defined by Sec~on 4~ of ~e Clean Water A~ (including, b~ not limited to, marsh, vernal pool, coastal, etc.) ~mugh dim~ removal, filing, hydmlogi~l inte~ption, or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Conflict wilh any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 8, MINERAL RESOURCES, Would the project: :~ignifica~ff: !Mitiplkm::: :: ~Signirlcant:: ~No~ Result in the loss of availability of a known mineral ,f resource that would be of value to the region and the residents of the state? Result in the loss of availability of a locally-important ,/ mineral resource recovery site delineated on a local general plan. specific plan or other land use plan? \\TEMEC_FS101%VOL1%Depts~aLANNING~CEQA~382PA99 IES.doc 6 HAZARDS AND HAZARDOUS MATERIALS. Would the project: Is~jee and :Suppofthxt Create a sign~i~nt ha~rd to ~e public or ~e environment ~mugh ~e m~ine trans~tion, use, or disposal of hazardous materials? Crate a signifi~nt hazard to the public or the environment ~rough reasonably foreseeable upset and acddent ~nditions involving ~e release of ha~rdous materials into ~e environmen~ Emit h=ardous emissions or handle hazardous or acutely ha~rdous materials, subsmn~s, or ac~ely haardous materials, subsmn~s, or ~ste within one- quatier mile of an existing or pro~sed s~ool? Be Io~ted on a site whi~ is included on a list of haardous materials sites ~mpiled pursuant to Government Code Se~ion 65962.5 and, as a result, would it create a signifi~nt ha~rd to the public or ~e environment? For a proje~ Io~ted within an ai~od land use plan or, where su~ a plan has not been adopted, wi~in ~o miles or a public ai~od or public use ai~od, would ~e proje~ result in a safeW ha~rd for people residing or wowing in ~e proje~ area? For a projed wi~in ~e vicinity of a pdvate airstrip, would the project result in a safety haard for people residing or wowing in ~e project area? Impair implementation of or physi~lly intedem with an adopted emergency response plan or emergency eva~ation plan? Epose people or stm~ures to a signifi~nt dsk or loss, inju~ or dea~ involving wildland fires, including where wildlands am adja~nt D uffianized areas or where residences are inte~ixed with wildlands? 10. NOISE. Would the project result in: Exposure of people to severe noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Po~ential|y : : i: Po~enliNiy:i::SignifmanlUnlels:Le~sThah~! ::; :: ~:~porlled: iml~ct::~ Impec~ \\TEMEC_FS101\VOLI~)epts%PLANNING\CEQA%382PA99 IES.doc 7 A substantial temporary or pedodic increase in ambient noise levels in the project vicinity above levels existing without the project?. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a pdvate airstrip, would ,/' the project expose people residing or working in the project area to excessive noise levels? 11. PUBLIC SERVICES: Would the proposal have an effect upon, or result in a need for new or altered Government sen~ices in any of the following areas: ~lla s : ~:s::::: :~:~: !:s: ::: s~ ~:::~:~ ::: ~ ::s.~:~: ~:~ :!!: : :;s::: :: ::s ::Z::Zi ;:;Z!~i:i!: ::! ;i!kttlgalioaZ:: ::Signlrmanl ~ No E :: ~::i E ::::~ii~i::~:~i;i:~:.i~:$~~:So~i:i~i i!:~: EE:;:!iE!~i i:-!:i: !ii !:~i: E~I~CI!~: :;~: :~ed ::: :Elmpact ~:impeCt a. Would the project result in substantial adverse physical ,~ impacts associates with the provisions of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the pubtic services? b. Fire protection? ,/ c. Police protection? ,f d. Schools? ,/ e. Parks? ,/' f. Other public facilities? ,/' 12. UTILITIES AND SERVICE SYSTEMS: Would the project: Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment fadlities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the ,/' project from existing entitlements and resources, or are new or expanded entitlements needed? polenila y:: :Significant Unles&: :Lel~:Ttmn!:;: ; ~ Mitigalioe ~ ::!Sighirmarit:i: :!NO:: Incorporated :Irapad : Impact \\TEMEC_FS101~VOL1~Dei~s~PLANNING~CEQA~382pA99 IES,doc 8 Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g. Comply with federal, state, and local statutes and regulations related to solid waste? 13. AESTHETICS. Would the project: a. Have a substantial adverse effect on a scenic vista? ,/ b. Substantially damage scenic resources, including, but not ,/ limited to, trees, rock outcropping, and histodc building within a state scenic highway? c. Substantially degrade the existing visual character or ,/ quality of the site and its surroundings? d. Create a new source of substantial light or glare which ,/ would adversely affect day or nighttime views in the 14. CULTURAL RESOURCES. Would the project: a. Cause a substantial adverse change in the significance of ,/ a historical resource as defined in Section 1506.5? b. Cause a substantial adverse change in the significance of ,/ an archaeological resource pursuant to Section 1506.5? c. Directly or indirectly destroy a unique paleontological ,/ resource or site or unique geologic feature? d. Disturb any human remains, including those interred ,/ outside of formal cemeteries? ::ksjudls~ild~,Suplx~ijo~ou~ee : ::: :: :: !~hllpaC~: ~;:::E :lncorporaied~ JfTlp~Ct:~:EE~: hl~p~ct 15. RECREATION. Would the project: : E : ; ] ::lssuesilld:SUppodingT,,~,,ation:Soumes : : Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require ,/ the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? %~TEMEC_FS101%VOLl%Depts~PLANNING\CEQA~382PA99 IES.doc 9 Poteflliaily~ :S;~nificeni Unless 16, MANDATORY FINDINGS OF SIGNIFICANCE. Does the project have the potential to degrade the quality ,/ of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a ram or endangered plant or animal or eliminate important examples of the major pedods of California history or prehistory? Does the project have impacts that are individually ,/ limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects? Does the project have environmental effects which will ,/ cause substantial adverse effects on human beings, either directly or indirectly? Comments: The proposed project is an amendment to the Development Code that would modify the current provisions regulating large family day care home facilities, Day cam home facilities are located within existing residential structures and are and accessory extension of the basic residential activities. The proposed Ordinance to regulate these activities in a manner that is consistent with State Law will not create an adverse impact on the environment. In addition, the proposed changes continue to be consistent with the general impacts and discussed in the adopted General Plan and Final EIR. As a result, no adverse impacts have been identified and no mitigation measures are necessary. \\TEMEC_FS101\VOL1%Depts~PLANNING~CEQA~382PA99 iES,doc 10 ITEM #5 STAFF REPORT - PLANNING CiTY OF TEMECULA PLANNING COMMISSION February 2, 2000 Planning Application No. PA99-0394 (Conditional Use Permit/Development Plan) Prepared By: Thomas Thornsley, Project Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission: 1. ADOPT a Resolution entitled: PC RESOLUTION NO. 2000- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99o0394 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 13,311 SQUARE FOOT CAR WASH (CAR SPA) AND A CONDITIONAL USE PERMIT FOR A CONVENIENCE MARKET/GAS STATION AND A 1,514 SQUARE FOOT LUBE SHOP, ON A 1.93 ACRE LOT LOCATED ON THE EAST SIDE OF YNEZ ROAD BETWEEN THE TWO ENTRANCES TO THE PROMENADE MALL SOUTH OF WINCHESTER ROAD, KNOWN AS ASSESSOR°S PARCEL NO. 910-320-039 & 040, AND LOTS P AND Q OF LOT LINE ADJUSTMENT PA98-0495 AND PARCEL MERGER PA99-0007. ADOPT a Notice of Exemption for Planning Application No. PA99- 0394 (Conditional Use Permit/Development Plan) based on the Determination of Consistency with a project for which an Environmental impact Report (EIR) was previously certified pursuant to CEQA Guidelines Section 15162 - Subsequent EIR's and Negative Declarations. APPLICATION INFORMATION APPLICANT: PROPOSAL: InSite Real Estate Robert Heitman 1603 West Sixteenth St. Oak Brook, IL 60523 Planning Application No. PA99-0394 is for a Development Plan and Conditional Use Permit for a business called Car Spa which proposes to construct and operate a 13,311 square foot full service car wash, gas station/convenience market and a 1,514 square foot drive-thru lube shop, on a 1.93 acre lot. \\TEMEC_FS101\VOLI\DEPTS\PLANNING\C U P\394-99 Car Spa\Staff report.doc 1 LOCATION: GENERAL PLAN DESIGNATION: EXISTING ZONING: SURROUNDING ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS Total Project Area Net: Total Building Areas: Total Canopy Areas: Landscape Area: Paved Area: Hardscape: Parking Required: Parking Provided: Building Height: Located on the east side of Ynez Road south of Winchester Road between the two mall entrances. Site CC (Community Commercial) Site SP-7 (Retail Commercial North: SP-7 (Temecula Regional Center Specific Plan) South: SP-7 (Temecula Regional Center Specific Plan) East: SP-7 (Temecula Regional Center Specific Plan) West: CC (Community Commercial) Promenade Mall North: Vacant South: Vacant East: Promenade Mall West: Commercial Center 85,961 square feet 14,825 square feet 6,052 square feet 19,935 square feet 44,513 square feet 636 square feet 1.97 acres 17.3 % 7.0% 23.2 % 51.8 % 0.7 % 4,712 s.f. retail @ 5 spaces/1000 s.f. 24 spaces 31 spaces 18'-25' BACKGROUND This application, for a full service car wash with other services, was formally submitted to the Planning Department on September 28, 1999. Prior to formal submittal, staff worked with the applicant through severel site plan designs and elevation changes. This site was difficult to layout for this use due to three easements crisscrossing the property. A storm drain easement runs the length of the property parallel to Ynez Road and there are two view corridors into the mall, one through the middle of the property and the other along the south property line. Staff and the applicant feel that the project presented in this report is the best configuration based on business function, circulation, and setback limitations. A Development Review Committee (DRC) meeting was held on October 21, 1999, and the application was deemed complete on January 7, 2000. PROJECT DESCRIPTION The applicant is proposing a Development Plan to build and operate a full service car wash in conjunction with a Conditional Use Permit for a convenience market/gas station and automotive lube service center known formally as Car Spa. (A detailed description is listed in the applicants \\TEMEC_FS101\VOLI\DEPTS\PLANNING\C U P\394-99 Car Spa\Staff report.doc 2 "Statement of Operation," which is attached.) The project is located on the east side of Ynez Road between the two major entries into the Promenade Mall. The proposed main building is 13,311 square feet, which includes the car wash tunnel, post wash areas and a market with limited caf~ amenities. Outside this building will be a waiting area patio with seating and landscaping. To the south of the main building is the 1,500 square foot lube service building. This building is designed for drive-thru service and the bay doors are on the north and south sides of the building. These doors do not face the street. Attached to the east side of the building is a 2,371 square foot canopy covering the car wash queuing area where vehicles will be cleaned out before heading into the wash. On the site between the lube service building and Ynez Road will be the fueling stations. Under the 3,680 square foot awning will be four fueling islands that can accommodate eight vehicles. A landscape planter has been placed on either side of the canopies to aid in screening the site and the activities. ANALYSIS Site Desion and Circulation The overall site is 1.93 acres with the buildings backed up to the east property line along the ring road. Surrounding the site on three sides are Ynez Road to the west, the entry drive to the north, and the Mall ring road to the east. There are two points of ingress and egress to the site from the ring road, one on the south end of the site, which is shared with the parcel to the south. A driveway at the north end of the site is designated as an exit only. This was done to limit turning movements in and out of this driveway that may conflict with the main entrance into the mall. On site vehicles will either turn right upon entering the site and line up for a car wash or an oil change or head straight into the site towards the fueling stations. To reach the convenience market, vehicles will have to pass by the fueling stations and continue to the parking area in front of the main building. ParkinQ Analysis This project was difficult to assess a relevant parking count under the parking standards per the Out Parcels Design Guidelines of the Temecula Regional Center Specific Plan. The activities of the business involves the lining up and moving of vehicles through the related services, therefore, not necessitating a large number of parking stalls. The only floor area that needed parking is the convenience market, which occupies 4,700 square feet. Therefore, based on the required five parking spaces per 1000 square feet of retail space, 24 parking spaces are required. To assure that there would be enough parking for customers and employees, the applicant is providing thirty- one parking spaces. Architecture & Colors There are two buildings (convenient market and lube bays) and two canopies (gas and queuing) that utilize architectural features found on the elevations of the mall. These include stucco wall finishes and metal seam roof elements including a tower and surrounding mansard with a dark green finish. Around the bottom of the building will be 3 feet of "traditional brick" veneer to define the base of the buildings and to define the entry of the main building. The main building is rectangular with a tower element on the long side of the building facing Ynez Road. The openings to the wash tunnel do not face the street and are as far back on the site and building as feasibly possible. They should not be visible from the public right of way. Along the street side of the building will be the post wash area for drying and finishing the vehicles. This area is built into the building and is screened with a short wall topped with metal trellises (dark blue-gray) between columns. The exterior walls of the building will be approximately 20 feet high with the tower reaching 28 feet. The finish color of the stucco walls will be "Ostrich Feather' (off white) with accent bands, columns and cornice capping finished in "Salmon Suede" (pinkish tan). The lube building, \\TEMEC_FS101\VOLI\DEPTS\PLANNING\C U P\394-99 Car Spa\Staff report,ooc 3 queuing awning, and the gas canopy are all finished to match the main building's colors and materials. Landscaping Three sides of this site are along roadways that require a landscape buffer making up the majority of the sites 23.7 percent landscaping. Landscaping is provided at the base of both buildings, around the patio, flanking the gas canopy, along the queuing areas for the lube service and car wash, and leading up to the storefront. Most of the perimeter landscaping is part of the mall master landscape design; however, thirteen percentage of the site is landscaped after discounting the required perimeter landscape areas. This site sits two to five feet higher than Ynez Road and the landscaping along Ynez Road nearest the north entry to the mall will be banked. To assist in screening the parking stalls, a retaining wall is being installed that will allow the landscaping to be raised somewhat higher than the finished grade of the site. The street tree planting and the trees necessary for screening of the parking areas should provide an effective buffer of the activities on site. At the base of the buildings will be a mix of scrubs and flowering plants with vines being use to climb up the trelliswork along the post wash area. Siqnaqe The applicant is proposing an extensive number of signs for this project. According to the sign guidelines for the out parcels, a tenant is entitled to one sign per frontage for a maximum of four signs. Signs identifying specialized services or operations are permitted; however, no more than two are allowed and they are limited to 12 inches in height. Due to the development constraints of this site this project needs two buildings to make up the single business operating at this site. Staff has had some concerns with regard to the number of signs that should be permitted and whether the vague limitations of the guidelines apply to each building or one business. Because the Design Guidelines do not address the signs as they relate to a particular type of business, such as gas stations, staff referred to the City's Sign Code for direction. The Sign Code limits gas station canopies to two signs on the gas canopy to identify the business or brand of gasoline. This project is also entitled to monument signs that identify their business. One has been proposed along Ynez Road and the other along the ring road. ENVIRONMENTAL DETERMINATION This project is within the Temecula Regional Center Specific Plan No. 263 for which an Environmental Impact Report (EIR) was prepared and certified. Under California Environmental Quality Act (CEQA) Guidelines Section 15162 (Subsequent EIRs and Negative Declarations)' this project is exempt and a Notice of Exemption has been prepared for Planning Applications No. PA99-0394. Section 15162 applies when an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless there are substantial changes not discussed or examined in the EIR. The affected area of the site development meets the criteria noted by developing consistent with the Temecula Regional Center Specific Plan No. 263 land uses which anticipated mixed uses including gas stations. Therefore, the proposed project is eligible for a CEQA exemption pursuant to Section 15162 of the CEQA Guidelines. \\TEMEC_FS101\VOLI\DEPTS\PLANNING\C U P\394-99 Car Spa\Staff report.doc 4 GENERAL PLAN AND ZONING CONSISTENCY The project is consistent with the Community Commercial (CC) land use designation and the Temecula Regional Center Specific Plan 263 zoning applicable to the property in the Temecula General Plan and Development Code respectively. Upon approval of the Conditional Use Permit/Development Plan as conditioned, the project will meet all of the guidelines and standards for commercial development prescribed by the Development Code and Design Guidelines. SUMMARY/CONCLUSIONS The project has been determined by staff to be consistent with applicable City policies, standards and guidelines. We believe it is compatible with the nature and quality of surrounding development, and will represent an attractive, functional and economic addition to the City's commercial and employment base. FINDINGS - DEVELOPMENT PLAN The proposal, a car wash, convenience store/gas station with auto lube service, is consistent with the land use designation and policies reflected in the Community Commercial (CC) land use standards in the City of Temecula General Plan, as well as the development standards for Specific Plan (SP-7) contained in the City's Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of commercial development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions, and fire and building codes. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. FINDINGS - CONDITIONAL USE PERMIT 1. The proposal, a convenience store/gas station with auto lube service, is consistent with the land use designation and policies reflected in the Community Commercial (CC) land use standards in the City of Temecula General Plan, as well as the development standards for Specific Plan (SP-7) contained in the City's Development Code. The site is therefore properly ptanned and zoned and found to be physically suitable for the type and density of commercial development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions, and fire and building codes. 2. The overall design of the project, is compatible with the nature, condition, and development of adjacent uses, including the site, building, parking, circulation and other associated site improvements and will not adversely affect the adjacent uses, buildings, or structures. The project has been reviewed for, and as conditioned has been found to be consistent with, \\TEMEC_FS101\VOLI\DEPTS\PLANNING\C U P\394-99 Car Spa\Staff report.cloc 5 all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent the adjacent uses, buildings, or structures. The site of this proposed conditional use is an in-fill site of an approved master development plan. The development of this site is adequate in size and shape to accommodate the building while meeting the yard, parking and loading, landscaping, and other development features prescribed in the Specific Plan 263, the Development Code, and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The type of use as proposed and as conditioned, will not be detrimental to the health, safety and general welfare of the community The decision to approve the application for a conditional use permit is based on substantial evidence, in view of the record as a whole, before the Planning Commission at the time of their decision. This application has been brought before the Planning Commission at a Public Hearing where members of the community have had an opportunity to be heard on this matter before the Commission renders their decision. Attachments: 1. PC Resolution - Blue Page 7 Exhibit A. Conditions of Approval - Blue Page 11 Exhibit B. Conditions of Approval - Blue Page 22 Exhibits - Blue Page 24 B. C. D. E. F. G. H. I. J. Vicinity Map Zoning Map General Plan Site Plan Landscape Plan Elevation Main Building Elevation Lube Building Gas Canopy Elevation Site Cross Sections Floor Plan Main Building Statement of Operation - Blue Page 34 F:\DEPTS\PLANNING\C U P\394-99 Car Spa\Staff reportdoc 6 ATTACHMENT NO, 1 PC RESOLUTION NO. 2000- \\TEMEC_FS101\VOLI\DEPTS\PLANNING\C U P\394-99 Car Spa\Staff report.doc 7 PC RESOLUTION NO. 2000- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0394 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 13,311 SQUARE FOOT CAR WASH (CAR SPA) AND A CONDITIONAL USE PERMIT FOR A CONVENIENCE MARKET/GAS STATION AND A 1,514 SQUARE FOOT LUBE SHOP, ON A 1.93 ACRE LOT LOCATED ON THE EAST SIDE OF YNEZ ROAD BETWEEN THE TWO ENTRANCES TO THE PROMENADE MALL SOUTH OF WINCHESTER ROAD, KNOWN AS ASSESSOR'S PARCEL NO. 910-320-039 & 040, AND LOTS P AND Q OF LOT LINE ADJUSTMENT PA98-0495 AND PARCEL MERGER PA99-0007. WHEREAS, InSite Real Estate, filed Planning Application No. PA99-0394, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA99-0394 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA99-0394 on February 2, 2000, 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 opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Applications No. PA99-0394; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findings. The Planning Commission, in approving Planning Application No. PA99-0263 hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code: A. The proposal, a Development Plan to build and operate a full service car wash in conjunction with a Conditional Use Permit for a convenience market/gas station and automotive lube service center known formally as Car Spa on a 1.93 acre site. This project is consistent with the land use designation and policies reflected in the Community Commercial (CC) land use standards in the City of Temecula General Plan, as well as the development standards for Specific Plan 263. The site is therefore properly planned and zoned and found to be physically suitable for the type and density of commercial development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA), Temecula Regional Center Specific Plan 263, the City Wide Design Guidelines, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions, and fire and building codes. B. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned has \\TEMEC_FS101\VOLI\DEPTS\PLANNING\C U P\394-99 Car Spa\Staff report.doc 8 been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Section 3. Conditional Use Permit Findines. The Planning Commission, in approving Planning Application No. PA99-0394 hereby makes the following findings as required by Section 17.04.010. E of the Temecula Municipal Code: A. The proposal, a Development Plan to build and operate a full service car wash in conjunction with a Conditional Use Permit for a convenience market/gas station and automotive lube service center known formally as Car Spa on a 1.93 acre site. This project is consistent with the land use designation and policies reflected in the Community Commercial (CC) land use standards in the City of Temecula General Plan, as well as the development standards for Specific Plan 263. The site is therefore propedy planned and zoned and found to be physically suitable for the type and density of commercial development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA), Temecula Regional Center Specific Plan 263, the City Wide Design Guidelines, Ordinance No. 655 (Mt. Palomar Lighting Ordinance), and the City's Water Efficient Landscaping provisions, and fire and building codes. B. The overall design of the project, is compatible with the nature, condition, and development of adjacent uses, including the site, building, parking, circulation and other associated site improvements and will not adversely affect the adjacent uses, buildings, or structures. The project has been reviewed for, and as conditioned has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent the adjacent uses, buildings, or structures. C. The site of this proposed conditional use is an in-fill site of an approved development plan. The development of this site adequate in size and shape to accommodate the building while meeting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission 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. Base on the type of use as proposed and as conditioned, will not be detrimental to the health, safety and general welfare of the community E. The decision to approve the application for a conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission at the time of their decision. This application has been brought before the Planning Commission at a Public Hearing where members of the community have had an opportunity to be heard on this matter before the Commission renders their decision. Section 4. Environmental Compliance. A Notice of Exemption for Planning Application No. PA99- 0394 was made per the California Environmental Quality Act Guidelines Section 15162. This section applies when an Environmental Impact Report (EIR) has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless there are substantial changes not discussed or examined in the EIR. The subject site complies with these criteria and therefore the exemption can be applied to this project. Section 5. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA99-0394 for a Development Plan for the design, \\TEMEC_FS101\VOLI\DEPTS\PLANNING\C U P\394-99 Car Spa\Staff report.doc 9 operate a full service car wash in conjunction with a Conditional Use Permit for a convenience market/gas station and automotive lube service center (Car Spa on the east side of Ynez Road south of Winchester Road between the two mall entrances, and known as Assessor's Parcel No. 910-320-039 & 040, Lots P and Q of Lot Line Adjustment PA98-0495 and Parcel Merger PA99- 0007, and subject to the project specific conditions set forth in Exhibit A (Development Plan), and Exhibit B (Conditional Use Permit), attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED this 2nd day of February, 2000. Ron Guerriero, Chairperson I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Teme. cula at a regular meeting thereof, held on the 2nd day of February, 2000 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary F:\Depts\PLANNING\C U P\394-99 Car Spa\Staff report.doc 10 EXHIBIT A CONDITIONS OF APPROVAL (DEVELOPMENT PLAN) \\TEMEC_FS101\VOLI\DEPTS\PLANNING\C U P\394-99 Car Spa\Staff report.dec 11 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA99-0394 (Development Plan - Retail building for Car Spa.) Project Description: A proposal to build a 13,311 square foot commercial building for a car wash, convenience store/gas station with a 1,500 square foot auto lube service located on Out-lots "P & Q" of the Promenade Mall, on the eastside of Ynez Road between the two major entries to the mall. DIF Category: $2.00 per square foot (pursuant to the Development Agreement for the Promenade Mall Project PA96-0333) Assessor's Parcel No.: Approval Date: Expiration Date: 910-320-039 & 040 February 2, 2000 February 2, 2002 PLANNING DEPARTMENT Within 1. Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of' seventy-eight Dollars ($78.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, 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 from any and all claims, actions, awards, judgements, or proceedings against the City to attack, set aside, void, annul, 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. City shall promptly notify the 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 its 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. 3. This approval shall be used within two (2) 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 (2) year period which is thereafter diligently F:\DeptS\PLANNING\C U P\394-99 Car Spa\Staff reporLdoc 12 10. 11. 12. 13. pursued to completion or the beginning of substantial utilization contemplated by this approval. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program for the Temecula Regional Center Specific Plan. The development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan), contained on file with the Community Development Department - Planning Division. Additionally, the following cdteria must be met during development of the project: a. All ground mounted utility/mechanical equipment shall not be placed in prominent locations visible to the public. This equipment shall be screened from view. Per the Temecula Regional Center Specific Plan and the Design Guidelines the double detector check assembly must be installed underground. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of the transformer and the double detector check prior to final agreement with the utility companies. Parking lot lights shall be of a type consistent with the standards for the Mall Out Parcels. The site lighting plan shall be approved by the Planning Department prior to installation. Building elevations shall substantially conform to the approved Exhibit "F-H" (Building Elevations), contained on file with the Community Development Department - Planning Division. All mechanical and roof-mounted equipment shall be hidden by building elements that were designed for that purpose as an integral part of the building. When determined to be necessary by the Planning Manager the parapet will be raised to provide for this screening. Landscaping shall substantially conform to the approved Exhibit "E" (Landscape Plan). Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Manager. If it is determined that the landscaping is not being maintained, the Planning Manager 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. The colors and materials for this project shall substantially conform to the following list of approved colors and materials and with Exhibit "K" (Color and Material Board) contained on file with the Community Development Department - Planning Division. Any deviation from the approved colors and materials shall require approval of the Planning Manager. Material Stucco walls painted to match Stucco accent, cornice, columns Metal roof painted to match Aluminum Storefront System Windows Brick Veneer Trellis Color Sherwin Willlares #SW1074, Ostrich Feathers Sherwin Willlares #SW1066, Salmon Suede Sherwin Willjams #SW1462, Park Bench Sherwin Williams #SW1320, Tasteful Tan Ford's Vision Glass, Clear Natural Red Sherwin Williams #SW2419, Tempest Blue Lighting installed under the fueling canopy shall be flush mounted and shielded to eliminate stray light and glare. The under canopy lights for the fueling islands shall be recessed mounted and shielded to eliminate stray light and glare beyond the project site. The trash enclosure doors shall have a smooth face to avoid the typical industrial style door that creates a harsh contrast with the fiat stucco and brick finish. F:\Depts\PLANNING\C U P\394-99 Car Spa\Staff report.doc 13 14. The applicant shall comply with the Conditions of Approval for Planning Application No. PA97-0118 (Promenade Mall) unless superceded by these Conditions of Approval. Prior to the Issuance of Grading Permits 15. The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and retum one signed set to the Community Development Department - Planning Division for their files. 16. The applicant shall revise Exhibits "D, E, F, G, H, K", (Site Plan, Elevations, Landscape Plan, Color and Material Board) to reflect the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and submit five (5) full size copies and two (2) 8" X 10" glossy photographic color prints of approved Exhibit "D" (Color and Materials Board) and of the colored version of approved Exhibit "C", the colored architectural elevations to the Community Development Department - Planning Division for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 17. The applicant shall submit to the Community Development Department - Planning Division for permanent filing two (2) 8" X 10" glossy photographic color prints of approved Exhibit "K" (Color and Materials Board) and of the colored version of approved Exhibit "F-H", the colored architectural elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 18. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 19. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Community Development Department - Planning Division for approval. These plans shall conform substantially with the approved Exhibit "E", or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of planrings and irrigation (in accordance with the approved plan). Prior to the Issuance of Occupancy Permits 20. An Administrative Development Plan application for signage shall be required for any signage not included on Exhibits "D" and "F-H", or as amended by these conditions. a. A separate building permit shall be required for all signage identified on the approved Exhibits "D" and "F-H", or as amended by these conditions. 21. 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 Manager. The plants shall be healthy and free of weecls, disease, or pests. The irrigation system shall be properly constructed and in good working order. 22. Performance securities, in amounts to be determined by the Planning Manager, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape F:\Depts\PLANNING\C U P\394-99 Car Spa\Staff report.doc 14 23. 24. and irrigation plan shall be filed with the Community Development Department - Planning Division for 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 Manager, the bond shall be released. Each parking space reserved for the handicapped shall be identified by a permanently affixed re~ectorized 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 if 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 909 696-3000." 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 3 square feet in size. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PUBLIC WORKS DEPARTMENT 25. 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. General Requirements 26. A Grading Permit for either rough and/or 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. 27. 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. 28. The northernmost driveway shall be used as an exit only and restricted to a right turn out movement. Prior to Issuance of a Grading Permit 29. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 30. 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. 31. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report F:~DeptS\PLANNING\C U P\394-99 Car Spa\Staff reportdoc 15 shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 32. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizin9 of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 33. 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. 34. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Planning Department c. Department of Public Works 35. 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. 36. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 37. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. Prior to Issuance of a Building Permit 38. Improvement plans and/or precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Street light at the southernmost driveway shall be relocated as shown on plan and installed per specifications for street light installation along Mall ring road. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400.401 and 402. e. All concentrated drainage shall be directed towards the proposed catch basins and holding tanks. Oil deposits and other debris shall be collected in holding tanks before flow enters the storm drain system. 39. 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. 40. The Developer shall obtain an easement for ingress and egress over the adjacent property. F:\DeptS\PLANNING\C U P\394~99 Car Spa\Staff report.doc 16 41. The Developer shall grant an easement for ingress and egress to the adjacent property. 42. 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. Prior to Issuance of a Gerlificate of Occupancy 43. As deemed necessary by the Department of Public Works, the Developer shalt receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 44. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. BUILDING DEPARTMENT 45. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanicel Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 46. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 47. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 48. Obtain all building plans and permit approvals prior to commencement of any construction work. 49. Obtain street addressing for all proposed buildings prior to submittal for plan review. 50. Disabled access from the public way to the main entrance of the building is required. The path of travel shall meet the California Disabled Access Regulations in terms of cross slope, travel slope stripping and signage. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 51. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 52. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 53. 54. Restroom fixtures, number and type, to be in accordance with the provisions of the 1998 edition of the California Building Code Appendix 29. Obtain the Division of the State Architect recommendation for the accessible restroom dimensions for toddlers from the Building Official, to implement in the building design. Provide an approved automatic fire sprinkler system. F:\Depts\PLANNING\C U P\394-99 Car Spa\Staff reporLdoc 17 55. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review, 56. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 57. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 58. Provide precise grading plan for plan check submittal to check for handicap accessibility. 59. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 60. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. 61. Show all building setbacks FIRE DEPARTMENT 62. Final fire and life safety conditions will be addressed when building plans am 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. 63. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix Ill.A, Table A-Ill-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 700 GPM for a total fire flow of 2200 GPM with a 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 64. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-Ill-B-1. A combination of on-site and off-site super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spacad at 500 feet apart and shall be located no more than 250 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 upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B) 65. As required by the California Fire Code, when any portion of the building(s) is in excess of 150 feet from a water supply on a public street, on site fire hydrants are required. For this project on site fire hydrants are required. (CFC 903.2) 66. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) 67. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) 68. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any F:\Depts\PLANNING\C U P\394-99 Car Spa\Staff report.doc 18 portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVVV with a minimum AC thickness of .25 feet. (CFC sec 902). 69. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 70. Prior to building construction, dead end roadways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 71. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. 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. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 ) 72. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 73. Pdor to issuance of a Certificate of Occupancy or building final, all commercial buildings shall display street numbers in a prominent location on the street side of the building. The numerals shall be minimum twelve (12) inches in height for buildings and six (6) inches for suite identification on a contrasting background. In strip centers, businesses shall post the suite address on the rear door(s). (CFC 901.4.4) 74. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 75. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 76. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. The Knox-Box shall be supervised by the alarm system. (CFC 902.4) 77. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (CFC 902.4) 78. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, fiammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau.(CFC 7901.3 and 8001.3) OTHER AGENCIES F:\Depts\PLANNiNG\C U P\394-99 Car Spa\Staff report.doc 19 79. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated October 7, 1999, a copy of which is attached. 80. The applicant shall comply with the recommendations set forth in the Riverside County Flood Control's transmittal dated November 8, 1999, a copy of which is attached. 81. The applicant shall comply with the recommendations set forth in the Temecuia Police Department's transmittal dated October 20, 1999, a copy of which is attached. 82. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated October 24, 1999, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Name printed F:\DeptS\PLANNING\C U P~394-99 Car Spa\Staff report.doc 20 Ran o Phillip L. Forbes October 7, 1999 Thomas Thornsley, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY FOR PARCELS NO. 23, NO. 24, AND NO. 25 OF PARCEL MAP 28530-1 APN 910-320-018, APN 910-320-019, AND APN 910-320-020 PLANNING APPLICATION NO. PA99-0394 Dear Mr. Thomsley: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore. would be available upon completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement, which assigns water management rights, if any, to RCWD. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 99%SB:rnc259~F012-T6%FCF DAVID P. ZAPPE 0cncral Manager-Chief Engineer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of Temecula Plannin De artment PostO ,ce f&g033 Temecuta, California 82589-9033 A.ention: Ladies and Gentlemen: 1995 MARKET STREET RIVERSIDE. CA 92501 909/955-12C ^ 909/788-99~5 FAX 511801 Re: Pn The Disthct does not normally recommend conditions for land divisions or other and use cases in incorporated cities. The District also does not lan check city land use eases, or provide State Division of Real Estate letters or other flood hazard reports for suck eases. Disthct comments/reeommendat Des for such cases are normally limited to items of specific mterast to the District including District Masler Dra na a P an feci ties, other r ona flood control and draina · facilities which could be considered a logical comportenter extension of a master~n s stem. and District Area ~reinage Plan faes (development mitigation fees) n add tide, information of a general nsn'~re is provided. The District hes not reviewed the proposed project in deta I and the fo owing cheered comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: This project would not be impacted by Distdct Master Drainage Plan facilities nor are other facilities of regional roterest proposed. This project involves District Master Plan facilities. The Distdct will acce t ownership of such facilities on written request of the City. Facilities must be constructed to Distdct standPards, and District plan check and inspection will be required for Distdct acceptance P an check, inspection and administrative fees will be required. This project proposes channels storm dra ns 36 inches or larger in diameter or other facilities that cou d be conmdered regional in nature and/or a I ical extension of the adopted ' Master Drainage Plan. The District wo~jl°~ consider accepting ownership ot such facilities on written request of the City. Facilities must be constructed to Distdct standards, and D~stdct plan check and inspection will be requ red for District acceptance. Plan check, inspection and administrative fees will be required. hock or money order only to ~e Flood Control District pdor [Po~ issuance of building or gradin permits, whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance of~e actual permit. GENERAL INFORMATION This project ma re uire a National Pollutant Discharge Elimination System (NPDES perm t from the State Water Resources Con~/ngl ~oard. Clearance for grading, recordation, or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this pro'ect involves a Federal Emergency Management Agency (FEMA) mapped flood plain then the City shou d require t~e applicant to provide all studies. calculations, plans and other nformat on reqGired to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision CLOMR) prior to grading. recordation or other final approval of the project, and a Letter of Map Revision (LOMRI pdor to occupancy. If a natural watercourse or mapped flood plain is im acted by this project, the City should require the a licant to obtain a Section 1601/1603 Agreement from the CaPi}omia Department of Fish and Game and a Clean PV~ater Act Section 404 Permit from the U.S. Army Corps of Engineers, or wdtten correspondence from these a encies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quail Cer~cation may be required from the local California Regional Water Quality Control Board prior to issuance of ~e Corps 404 permit. Very truly yours, STUART E. MCKIBBIN Senior Civil Engineer Date: t I - ~ -~t~ City of Temecula Temecula Police Department OCTOBE~ 20, 1999 DEVELOPMENT REVIEW COMMI RE: PA99-0394 MbMOR CONDITIONAL USE PERMIT - SELF SERVICE GASOUNE STATION WITH COSMETIC RE,AIR CENTER, AUTO ACCESSOR/ES 6;Ai F~ AND FOOD/ BEVERAGE ARF. A CASE PLANNEll: THOMAS TNORNSL_cY Wlth raspact to She co~crdjons of approval fix ~e above referenced Project T~, the faDowlng COfiCFdlOM are i~b~tJTted by th~ Tmnecub Pob E)epel~last lego(~ftg 'officer and public r4fety' roeHazes: 1. Alll~lcant shall erieare el hedges and shnabbeqr ~a~oundlng the building be maintahed at greater Shah ~i~f-six (36) inch.. 2. Applicant thai ensure any bees suemuhlitg tim bublng m kept It · distan~ ~ as to deter roof 3. AJ padclng Jots, drivewartS. mad pealwaYne wdkwaya shell be iufffiaa~ed wiSh · minimum maintained one (1 } foot-ca of fight at ground le~d, eveMy dispersed, e~ndnatbtg adl ohaclows. AJ e~tefior lighdi~GI fixtures a/tail be vandaJ adstam. AI eztr, zlof 10htblg thaJI b· cormoled by pholocelis, l~ners, or offier me·he 10 p~,lvent aleactivation by ullmft~odzed ~. 4. All extedor door· shd have she~ own vanda/redfWnt B0ht ~ct~re insteJlnd above. The doors sh;dl bd Ulumb3alnd with · mla~mum mabltaJned one (1| foot caddie of Gght at ground level, evedy diwparsed. exterior lightlag fixtures must caoform to the der,~r of the exterior build'gag, 5. Ady puMlc to/ephenss located on the extedoi, of U!e ~ buildlag dmil be Ideced i~ · wdl41ghted, highly vile arere, and b3ataged with · 'CabOut Ody' feature ts deter Ioltedn9, A~ doors, whldows, leckrn9 mechafilarns, hblges, Ind offier roLeceil·menus hedwae comm·rcJal ot instltutlofild grade, 7, Any graffitj painted Or marked up4n ~e prentbes shall be emoved or pinted over edtllt twefity-four (24) hour~ of behg dls;0vored. 8. P~odde baUd'rag eddreee on roof-top by ch-Jkjng out · grid 9' oft center and · height of 48% pa;mb39 ntmmfab wldt · atandNd 9' paint roler uelng flotescett ydlow pab-d oe norreed bald-up roofs, s/flOra 9' wld/h be~Neetnumerds. bshalbepara/Idtomtdfacingbpdm,vyr,~eet- 9. All mot hatchel ·hal be painted 'kltefgado41d Orqe', 10. SUeat eddresa dudi be posted in · vtdble location, minimum 12 rnches b~ height, on She street ride of the but·dino with · co~traslJNI background, 11, Upea comldetjon of N b,n~Gng. · moAjt0ted ~ system thdl be ~xta~nd ond monitored 24J~ours · day by · dee;gAated private alton1 company, to notify the Po;c~ Departll~nt of Nty intruslo~. A/I queetlons regaelng the~e cob shad be referred to tha Pol3ce Department Cfkne Preventjon & Plans sectIcm (909| 606-2626. PLANNING COMMISSION POLICY MAKING FINDINGS FOR PUBLIC CONVENIENCE OR NECESSITY Criteria to Justify Making a Findinc~ of Public Convenience or Necessit,/ YES 1. YES 2. YES 3. YES 4. YES 5. YES 6. Does the proposed establishment have any unique features which are not found in other similar uses in the community (i.e. types of games, types of food, other special services)? Does the proposed establishment cater to an under-served population (i.e. patrons of a different socio-economic class)? Does the proposed establishment provide entertainment that would fill a niche in the community (i.e. a comedy club, jazz club, etc.) Would the proposed mode of operation of the proposed establishment (i.e. sales in conjunction with gasoline sales, tours, etc.) be unique or differ from that of other establishments in the area? Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barders (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments? Is the proposed establishment located in an area where there is a significant influx of population during certain seasonal periods? Criteria to Not Justif,/Makincf a Finding of Public Convenience or Necessit,/ NO 1. Is there are proliferation of licensed establishments within a quarter mile of the proposed establishment? NO 2A. Are there any sensitive uses (i.e. schools, parks, hospitals, churches) in close proximity (600 feet) to the proposed establishment? NO 2B. Would the proposed establishment interfere with these sensitive uses? NO 3. Would the proposed establishment interfere with the quiet enjoyment of their property by the residents of the area? NO 4. Will the proposed establishment add to law enforcement problems in the area? Vicinity Map with a 1/4 mile radius Number of similar uses within the City Inventory (listing) of other off-site buinessses within 1 mile and 3 miles Notice Requirements iTuesday October 26, 1999 3:28Fm -- Free ,90c %086' -- Page Z~/slk~ COUN'F~ OF RNF. RSIDE * HEALTH 5ERVIC:E5 AGENCY DF-PARTMENT OF ENVIRONMENTAL HEALTH 24 October ] 999 lvlr. Thomas Thornsley Temecula Planning Department 43200 Business Park Dr. Temecula, CA 92590 RE: Planning Application No. PA99-0394 Dear Mr. Thornsley:, After reviewin8 the plans regarding the above referenced project the following comments are given: This facility will likely goredhandle lm-~rdous materials and generate l~7~rdous waste. Therefore, a permit for each of these pingruns will be required from this Agency prior to operation. Since the the drawing depicts n fueling site, and there will likely be storage tanks placed below grade, the project is required to undergo plan check review by this Agency. fithere are any questions regarding this, please contact me nl (909) 694-5027. Jim Sappington~x~ Hazardous Materials Management Specialist llrl 4065 County Circle Drive, Riverside. CA 92503 o Phone 0;~9) 358-5316 s FAX (900) 358-5017 (Me/ling Address - P.O. BOx 7600 * Riverside, CA 92513-7600) EXHIBIT B CONDITIONS OF APPROVAL (CONDITIONAL USE PERMIT) \\TEMEC_FS101\VOLI\DEPTS\PLANNING\C U P\394-99 Car Spa\Staff report.dec 21 EXHIBIT B CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA99-0394 (Conditional Use Permit - To operate a Convenience market/gas station and a 1,514 square foot lube shop) Project Description: A proposal to build a 13,311 square foot commercial building for a car wash, convenience store/gas station with a 1,500 square foot auto lube service located on Out-lots "P & Q" of the Promenade Mall, on the eastside of Ynez Road between the two major entries to the mall Assessor's Parcel No.: Approval Date: Expiration Date: 910-320-001 February2,2000 February2,2002 PLANNING DEPARTMENT General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, 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 from any and all claims, actions, awards, judgemerits, or proceedings against the City to attack, set aside, void, annul, 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. City shall promptly notify the 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 its 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. This approval shall be used within two (2) 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 (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The applicant shall comply with all conditions of approval for Planning Application No. PA99- 0394, unless superseded by these conditions of approval. All these conditions shall be complied with prior to any occupancy or use allowed by this conditional use permit. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. F:\DeptS\PLANNING\C U P\394-99 Car Spa\Staff reportdoc 22 The installation of the landscaping along Winchester shall be in substantial conformance with the site and landscape plans (Exhibits D & E) for the purpose of screening the view of the parking auto service activity from the public right-of-way. Prior to the release for occupancy staff will assess the installation of the screening materials to verify that they provide the intended screening. Should the screening be deficient the Planning Manager shall have the authority to require the developer to provide additional screening to meet the intent of the City's Design Guidelines. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. At the end of the first year of occupancy, and pdor to the release of the Landscape Security Bond, the landscaping will be inspected for conformance with the screening requirement. Should replacement landscaping be needed the owner will be required to make these improvements. The use of window signs will be limited to those permitted by the City's Sign Ordinance No. 98-10 and in no case shall more than 20% of the window areas shall be used for signage. By placing my signature below, I confirm that I have read, I understand and I accept all the above mentioned Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicanrs Signature Date Name printed F:\Depts\PLANNING\C U P\394-99 Car Spa\Staff report.doc 23 ATTACHMENT NO. 2 EXHIBITS \\TEMEC_FS101WOLI\DEPTS\PLANNING\C U P\394-99 Car Spa\Staff report.doc 24 CITY OF TEMECULA PLANNING APPLICATION NO. PA99-0394 (Conditional Use Permit/Development Plan) EXHIBIT A VICINITY MAP PLANNING COMMISSION DATE - February 2, 2000 F:\Depts~PLANNING\C U P\394-99 Car Spa\Staff reporLdoc 25 CITY OF TEMECULA )0( ~jO000000.( O000000~O0000000< ~'O000( ~0000.( ect Site EXHIBIT B DESIGNATION - SP-7 (Temecula Regional Center Specific Plan 263) ZONING MAP m m ~O0000( ~00000( ~O0000( ~O0000( }O000< ,0000( .( EXHIBIT C GENERAL PLAN DESIGNATION - CC (Community Commercial) PLANNING APPLICATION NO. PA99-0394 (Conditional Use Permit/Development Plan) PLANNING COMMISSION DATE - February 2, 2000 F:\Depts\PLANNING\C U P\394-99 Car Spa\Staff report. doc 26 CITY OF TEMECULA PLANNING APPLICATION NO. PA99-0394 (Conditional Use PermitJDevelopment Plan) EXHIBIT D SITE PLAN PLANNING COMMISSION DATE - February 2, 2000 F:\Depta\PLANNING~C U P\394-99 Car Spa\Staff report.doc 27 CITY OF TEMECULA PLANNING APPLICATION NO. PA99-0394 (Conditional Use Permit/Development Plan) EXHIBIT E LANDSCAPE PLAN PLANNING COMMISSION DATE - February 2, 2000 F:\Depts\PLANNING\C U P\394-99 Car Spa\Staff report. doc 28 CITY OF TEMECULA ;i ,? PLANNING APPLICATION NO. PA99-0394 (Conditional Use Permit/Development Plan) EXHIBIT F ELEVATIONS PLANNING COMMISSION DATE - February 2, 2000 F:\Depts\PLANNING\C U P\394-99 Car Spa\Staff report.doc 29 CITY OF TEMECULA PLANNING APPLICATION NO. PA99-0394 (Conditional Use Permit/Development Plan) EXHIBIT G ELEVATIONS PLANNING COMMISSION DATE - February 2, 2000 F:\DeptS\PLANNING\C U P\394-99 Car Spa\Staff report.doc 30 CITY OF TEMECULA PLANNING APPLICATION NO. PA99-0394 (Conditional Use Permit/Development Plan) EXHIBIT H ELEVATIONS PLANNING COMMISSION DATE - February 2, 2000 F:\Depts\PLANNING\C U P\394-99 Car Spa\Staff report.doc 31 CITY OF TEMECULA PLANNING APPLICATION NO. PA99-0394 (Conditional Use Permit/Development Plan) EXHIBIT I CROSS SECTIONS PLANNING COMMISSION DATE - February 2, 2000 F:\Depts\PLANNING\C U P\394-99 Car Spa\Staff report.doc 32 CITY OF TEMECULA Z PLANNING APPLICATION NO. PA99-0394 (Conditional Use Permit/Development Plan) EXHIBIT J FLOOR PLAN PLANNING COMMISSION DATE - February 2, 2000 F:\Depts\PLANNING\C U P\394-99 Car Spa\Staff report.doc 33 ATI'ACHMENT NO. 3 STATEMENT OF OPERATION F:\DEPTS\PLANNING\C U P\394-99 Car Spa\Staff report.doc 34 Car Spa Fadlity, S.E.C. Winchester O Ynez, Temecula September 27, 1999 STATEMENT OF OPERATIONS Provide a wdtten statement outlining your request for a Conditional Use Permit. Your response must give a detailed description of the proposed use and shall include, but is not limited to: 1. Hours and days of operation. Gasoline Service Hours Convenience Store Lube Hours Car Wash Number of employees. Gasoline Service Area Convenience Store Area Lube Area Car Wash Area Amount of required parking. 24 spaces Amount of average daily tdps generated. 600 plus over a 15-hour workday Type of equipment or processes used. 7 a.m. - 10 p.m. 7 a.m. - 10 p.m. 8 a.m. - 8 p.m. 8 a.m. - 8 p.m. 1 5-6 6 32 The facility includes a car wash facility which comprises various pieces of equipment to complete the washing of the vehicle. Use of hazardous materials. The site will be selling gasoline motor fuel. The storage and handling of the fuel will be in conformance with State and Federal guidelines. Other descriptions that effectively describe the proposed use. FFA 1F:%DATA~Wp~ADMIN~MISC%Car Spa~TemeculaStmntofOper4r2,dcc Car Spa Fadlib/, S.E.C. Winchester 0 Ynez~ Temecula Hay 13, 1999 EXHIBIT A Description of the proposal: This Car Spa Facility represents the state of the art in one stop convenience auto care for the community. The project consists of the following elements: Wash Facility: Our principle business is a full service wash and dry operation. Equipment and labor used ensures the highest possible consistency in quality and speed. Equipment chosen produces the safest environment for our guests' vehicles. Chemicals and polishes were researched and chosen for optimum application with equipment and our environmental concems. Car Spa uses two methods of recycling to ensure optimum chemical and water recycling. Car Spa offers Express Detail service, including hand waxing and carpet and mat shampooing. Car Spa stands behind the safety and quality of the wash and detail with a wdtten guarantee. Lube Center: The Lube Center features comprehensive maintenance needs including oil and lube inspections to ensure fluids and filters conform to manufacturers' specs and fluids topped off (no charge). Lube Centers also perform maintenance on transmissions, coolants, air conditioning and fuel systems. Retail Sales Area: The Retail Sales Area is for three purposes. First, as a comfortable waiting area for guests; second, as a place for guests to look at and purchase a highly selective amount of automotive accessories that can be installed by the guests themselves and third, to provide a food service that will offer fresh, made to order sandwiches, baked goods, salty snacks and candy along with hot and cold beverages for either on-site consumption or take out. They will also include convenience market goods Self Service Gasoline: Self Service Gasoline will be provided utilizing the latest in technology with credit card/debit card accepting dispensers. FFA I F:\Data\Wp~ADMIN%MISC%Car Spa\TemeculaExhibit*fr2.doc PLANNING MANAGER'S REPORT REQUEST FOR 1999 RESULTS OF QUARTERLY ABC JUVENILE DECOY PROGRAMS Temecula Police Department Memorandum Date: To: From: Re: January 11, 2000 Captain Domehoe via Chain of Command, cc: Lt. Bates, Lt. Go!logly Sergeant Mitch AIm, Special Teams Request for 1999 Results of Quarterly ABC Juvenile Decoy Programs Per your request, I have attached the 1998 and 1999 results of the Quarterly Juvenile ABC Decoy Programs. I have also attached the 1998 and 1999 Quarterly Juvenile Tobacco Decoy Program results, in case the planning commission requests these in the immediate future. Temecula Police Department Ouarterly ABC Juvenile Decoy Program Results - 1998-1999 The Temecula Pohce Depmhuent's Problem Oriented Policing Team has continued its efforts to enforce responsible sales of alcohol products within the retail community of the City of Temecula. This program is another component of Operation E.R.A.C.I.T. (Enforce Responsible Alcohol Consutnption In Temecula). This program is a cooperative effort with the Bureau of Alcohol Control (ABC). Four programs were conducted in 1999. Ninety-four businesses were visited and observed during the programs. Only three business were cited, and submitted for administrative review to ABC, for selling alcohol to a minor. In 1998, eighty-seven businesses were visited and observed during the four programs conducted. Eleven businesses were cited for selling alcohol to a minor during the 1998 programs. The following are the results of the individual programs for both 1998 and 1999: 1998 Businesses Citations 1999 Businesses Citations Observed Issued Observed Issued Jan. 21 5 Jan. 23 1 Mar. 11 1 Mar. 23 1 Jun. 25 1 Jun. 26 1 Sep. 20 4 Sep. 22 0 Totals 87 11 94 3 Temecula Police Department Quarterly Tobacco Juvenile Decoy Program Results - 1998-1999 The Temecula Police Department's Problem Oriented Policing Team has continued its efforts to enforce responsible sales of tobacco products within the retail community of the City of Temecula. Four programs were conducted in 1999. Resulting in officers visiting and observing one-hundred and nineteen businesses. Ten businesses were cited for selling tobacco products to a minor during the year. In 1998, one-hundred and five businesses were visited and observed during the four programs conducted. Four businesses were cited for selling tobacco products to a minor during the 1998 programs. The following are the results of the individual programs for both 1998 and 1999: 1998 Businesses Citations 1999 Businesses Citations Observed Issued Observed Issued Jan. 34 1 Jan. 34 3 Mar. 25 0 Mar. 31 6 Jun. 20 1 Jun. 25 0 Sep. 26 2 Sep. 29 1 Totals 105 4 119 10 Temecula Police Department Memorandum Date: To: From: Re: January 5, 2000 Diana Damon-White, Temecula Valley Unified School District Sergeant Aim, Special Teams OCJP - Suppression of Drug Abuse in Schools Program Update - July 1999 to January 2000 The Suppression of Drug Abuse in Schools Program has just completed the first half of the 1999-2000 school year. The program is divided into two components. The first component comprises presentations. To date, the Special Team and Traffic Officers have completed 54 hours of presentations. These include the following: Staff training: Traffic (Driving under the influence) presentations: Drug/Inhalant presentations: 22 hours 08 hours 32 hours The second component comprises "Dedicated Patrol". To date, the Special Team Officers have completed 184 hours. These include the following: Juveniles contacted: Truant citations: Marijuana arrests: Alcohol arrests: Tobacco citations: 72 hours 31 4 7 25 See attached statistical form for further details. C) PRESENTATION OF THE LENNAR TOUR TO ORANGE COUNTY CALL TO ORDER: Flag Salute: Roll Call: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.~104 ADA Title II] ACTION AGENDA TEMECULA PLANNING COMMISSION A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE FEBRUARY 2, 2000 - 6:00 P.M. Next in Order: Resolution: No. 2000-007 Commissioner Webster Fahey, Mathewson, Webster, Guerdem The Swearing in of the Newly Appointed Planning Commissioner- John Telesio PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commission about an item no__t on the Agenda, a pink "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary pdor to the Commission addressing that item. There is a three (3) minute time limit for individual speakers. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. 1 Approval of AQenda - APPROVED 5-0 RECOMMENDATION: 1.1 Approve the Agenda of February 2, 2000. 2 Finding of Public Convenience or Necessity for the Health Zone Natural Foods Store, located at 41915 Motorcar Parkway, Suite A-C, at the northesast corner of Ynez Road and Solana Way - APPROVED 4-1, RON GUERRIERO DENIED RECOMMENDATION: 2.1 Support Finding of Convenience or Necessity 3 ReQuest to Rescind Approval of Tentative Tract Map No. 24136, Newland Communities, located north of De Portola, east of Margadta, west of Butterfield Sta~le and south of Leena Way - APPROVED 5-0 RECOMMENDATION 3.1 Approve COM MISSION BUSINESS PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. 4 Plannin.~ Application No. PA99-0382 (Large Family Day Care Home Facility Ordinance) Citywide ordinance amendinQ the Development Code - Senior Planner Dave HoQan - CONTINUED OFF CALENDAR 5-0 RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 200O- A RESOLUTION OF THE PLANNING COMMISSION FOR THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE SEVERAL CHAPTERS OF THE TITLE 17 RELATING TO THE STANDARDS FOR LARGE FAMILY DAY CARE HOME FACITIIES" (PLANNING APPLICATION PA99-0382) F:~)EPTS~PLANNING~plancomm~agendas~2000%2-2~0,doc 2 Plannin~l Application No. PA99-0394 (Development Plan/Conditional Use Permit), located on the east side of Ynez Road south of Winchester Road between the two mall entrances - Project Planner Thomas Thomsley - APPROVED 5-0 RECOMMENDATION: 5.1 Adopt a resolution entitled: PC RESOLUTION NO. 2000-007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0394 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 13,311 SQUARE FOOT CAR WASH (CAR SPA) AND A CONDITIONAL USE PERMIT FOR A CONVENIENCE MARKET/GAS STATION AND A 1,514 SQUARE FOOT LUBE SHOP, ON A 1.93 ACRE LOT LOCATED ON THE EAST SIDE OF YNEZ ROAD BETWEEN THE TWO ENTRANCES TO THE PROMENADE MALL SOUTH OF WINCHESTER ROAD, KNOWN AS ASSESSOR'S PARCEL NO. 910-320-039 & 040 AND LOTS P AND Q OF LOT LINE ADJUSTMENT PA98-0495 AND PARCEL MERGER PA99-0007 5.2 Adopt a Notice of Exemption for Planning Application No. PA99-0394 (Conditional Use PermitJDevelopment Plan) based on the Determination of Consistency with a project for which an Environmental Impact Report (EIR) was previously certified pursuant to CEQA Guidelines Section 15162 -Subsequent EIR's and Negative Declarations. COMMISSIONERS' REPORTS PLANNING MANAGER'S REPORT Request for 1999 Results of Quarterly ABC Juvenile Decoy Programs Presentation on the Lennar Tour to Orange County ADJOURNMENT Next regular meeting: February 16, 2000, 6:00 P.M., City Council Chambers, 43200 Business Park Ddve, Temecula, California. F:~DEPTS~PLANNING~piancomm~agendas~;OOO~*2-O0.doc 3