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HomeMy WebLinkAbout00_004 PC ResolutionPC RESOLUTION NO. 2000-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0379 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 5,000 SQUARE FOOT COMMERCIAL BUILDING ON 1.2 ACRES AND A CONDITIONAL USE PERMIT TO OPERATE A GAS STATION/CONVENIENCE STORE WITH A DRIVE-THRU RESTAURANT SERVICE LOCATED ON THE SOUTH SIDE OF WINCHESTER ROAD BETWEEN MARGARITA ROAD AND YNEZ ROAD, KNOWN AS ASSESSOR'S PARCEL NO. 910-320-028 AND LOT E OF LOT LINE ADJUSTMENT PA98- 0495 AND PARCEL MERGER PA99-0007. WHEREAS, Willing Ramsey, flied Planning Application No. PA99-0379, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA99-0379 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. PA99-0379 on January 19, 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. PA99-0379; 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. PA99-0236 hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code: A. The proposal, to build and operate a gas station/convenience market (Ultramar) with a drive-thru restaurant (Kentucky Fried Chicken) on a 1.2 acre site, is consistent with the land use designation and policies reflected in the Community Commemial (CC) land use standards in the City of Temecula General Plan, as well as the development standards for Specific Plan (SP-7) development 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), Temecula Regional Center Specific Plan (SP-7), 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. R:\STAFFRPT~379pa99 Ultrmar.doc 8 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 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 Findings. The Planning Commission, in approving Planning Application No. PA99-0379 hereby makes the following findings as required by Section 17.04.010.E of the Temecula Municipal Code: A. The proposal, to build and operate a gas station/convenience market (Ultramar) with a drive-thru restaurant (Kentucky Fried Chicken), 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) development 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), Temecula Regional Center Specific Plan (SP-7), 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 a 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- 0379 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. R:\STAFFRPT~379pa99 Ultrmar.doc 9 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. PA99-0379 for a Development Plan for the design, construct and operation of a gas station/convenience market (Ultramar) on 1.2 acre and a Conditional Use Permit to operate a drive-thru restaurant (Kentucky Fried Chicken), located on the south side of Winchester Road between Margarita Road and Ynez Road, and known as Assessor's Parcel No. 910-320-028, Lot Eof 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 19th day of January, 2000. Ron G u e r r i e r~-8'~, C h~ i F~e"7~(J n 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, 2000 by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS: FAHEY, MATHEWSON, WEBSTER, GUERRIERO NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 0 PLANNING COMMISSIONERS: NONE ABSTAIN 0 PLANNING COMMISSIONERS: NONE Debbie Ubnoske, Secretary R:\STAFFRPT~379pa99 Ultrmar.doc 10 EXHIBIT A CONDITIONS OF APPROVAL (DEVELOPMENT PLAN) R:~STAFFRPT~379pa99 Ultrmar.doc 11 CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA99-0379 (Development Plan - Retail building for Utramar Gas and Kentucky Fried Chicken Restaurant) Project Description: A proposal to build a 5,000 square foot commercial building for gas/convenience market and restaurant with drive-thru services located on Out-lot "E" of the Promenade Mall, on the south side of Winchester Road between Margarita Road and Ynez Road. 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: 910-320-001 January19,2000 January19,2002 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Community Development Deparlment - 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. tf 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. \\TEMEC_FS101\VOLI\USERPUBL\PLANNING\C.O.A. Appn~d Projects\37'9pa99 Ultramar.doc 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 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. 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. b. Per the Temecula Regional Center Specific Plan the double detector check assembly must be installed underground. c. A six car stacking distance shall be maintained between the menu board and the entrance to the drive-thru aisle. d. Mounding shall be provided in the landscaping adjacent to the drive-thru aisle to provide additional shielding of vehicles and their headlights. Building elevations shall substantially conform to the approved Exhibit "E" (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 "F" (Landscape Plan). The landscaping area for the interior of the site shall not be less than 15% when calculated without the landscaping provide in the Transportation Corridor. 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. (Amended by the Planning Commission 612199) The colors and materials for this project shall substantially conform to the following list of approved colors and materials and with Exhibit "H" (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 Color Stucco walls painted to match Omega #90, Aspin Stucco cornice & color band to match Omega #64, Nubian Brown Aluminum Storefront System Sherwin Williams #SW1320, Tasteful Tan Windows Ford's Vision Glass, (;lear Split Face Concrete Block Veneer Orco Block Co., Nu-Fad Canopies & Roof Sherwin Williams #SW1468, Tourmaline As per The Promenade Outlot Developer Guidelines the storefront windows shall be Ford B!ue or comparable. \\TEMEC_FSIOI\VOLI\USERPUBL\PLANNING\C.O.A. Appn/d Projects\379pa99 Ultramar.doc 10. 11. 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 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 12. 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 return one signed set to the Community Development Department - Planning Division for their files. 13. The applicant shall revise Exhibits "D, E, F, and H", (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. 14. 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 "H" (Color and Materials Board) and of the colored version of approved Exhibit "E", 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 15. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 16. 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 "F", 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 plantings and irrigation (in accordance with the approved plan). Prior to 17. the Issuance of Occupancy Permits An Administrative Development Plan application for signage shall be required for any signage not included on Exhibits "D" and "E", or as amended by these conditions. a. A separate building permit shall be required for all Signage identified on the · approved Exhibits "D" and "E", or as amended by these conditions. ~\TEMEC_FS101\VOLI\USERPUBL\PLANNING\C.O.A. Apprvd Projects\379pa99 Ultramar.doc 18. 19. 20. 21. 22. Bicycle racks shall be installed pursuant to the requirements of the Development Code. 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 weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 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 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 reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height 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 23. 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 fudher review and revision. General Requirements 24. 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. 25. 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. 26. An Encroachment Permit shall be obtained from the California Department of \\TEMEC_FS101\VOLI\USERPUBL\PLANNING\C.O.A. Apprvd Projecls~379pa99 Ultrarnar.cloc Transportation prior to commencement of any construction within an existing or proposed State right-of-way. Prior to Issuance of a Grading Permit 27. A Gradin9 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 properly. 28. 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. 29. 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 repod shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 30. 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 propedies and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 31. 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. 32. 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 d. Caltrans 33. 34. 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. 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. 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. \\TFMEC_FS101WOLI\USERPUBL\PLANNING\C.O.A. Apprvd ProjecLs\379pa99 Ultramar.doc Prior to Issuance of a Building Permit 36. Improvement plans and/or precise grading plans sha~l conform to applicable City of Temecula Standards subiect 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 ^.C, paving, b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401and 402. All concentrated drainage directed towards the public street shall be conveyed through under-sidewalk drains. 37. 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 shatl issue a Final Soil Report addressing compaction and site conditions. 38. 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 Certificate of Occupancy 39. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works d. Caltrans 40. The existing improvements shall be reviewed. Any appurtenance damaged or broken sha be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. BUILDING DEPARTMENT 41. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 42. 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. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Depadment to ensure the payment or exemption from School Mitigation Fees. Obtain all building plans and permit approvals prior to commencement of any construction work. 43. 44. \\TEMEC_FS101\VOLI\USERPUBL\PLANNING\C.O.A. Apprvd Projects\379pa99 Ultramar.doc 45. The Occupancy classification of the proposed buildings shall be B/S-3/M. 46. Obtain street addressing for all proposed buildings prior to submittal for plan review. 47. 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) 48. Alt building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 49. Provide van accessible parking located as close as possible to the main entry. 50. Show path of accessibility from parking to furthest point of improvement. 51. Provide house electrical meter provisions for power for the operation of exterior lightir~g, fire alarm systems. 52. 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. 53. Provide an approved automatic fire sprinkler system. 54. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 55. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 56. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 57. Provide precise grading plan for plan check submittal to check for handicap accessibility. 58. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 59. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. FIRE DEPARTMENT 60. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 61. The Fire Prevention Bureau is required to set a minimum fire flow lot the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-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 850 GPM for a total fire flow of 2350 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 Iii-A) \\TEMEC_FS101\VOLI\USERPUBL\PLANNING\C.O.A. Apprvd Projects\379pa99 Ultramar.doc 62. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-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 spaced 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) 63. 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) 64. 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) 65. 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 Depadment access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) 66. 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 portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GV~N with a minimum AC thickness of .25 feet. ( CFC sec 902) 67. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vedical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 68. Prior to building construction, dead end road ways 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) 69. Prior to issuance of building permitsl 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) 70. 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) 71. Prior 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) 72. 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 \\TEMEC_FS101\VOLI\USERPUBL\PLANNING\C.O.A. App~vd Projects\379pa99 Ultramar.doc system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 73. 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) 74. 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) 75. All manual and electronic gates on, required Fire Depadment access roads' or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) 76. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or abovegreund tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau.(CFC 7901.3 and 8001.3) OTHER AGENCIES 77. The applicant shall comply with the recommendations set fodh in the Rancho California Water District's transmittal dated September 29, 1999, a copy of which is attached. 78. The applicant shall comply with the recommendations set forth in the Riverside County Flood Control's transmittal dated November 11, 1999, a copy of which is attached. 79. The applicant shall comply with the recommendations set forth in the Temecula Police Department's transmittal dated October 19, 1999, a copy of which is attached. 80. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated October 4, 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. Name printe~ Date \\TEMEC_FS101\VOLI\USERPUBL\PLANNiNG\C.O.A. Apprvd Projects\379pa99 Ultramar.doc EXHIBIT B CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA99-0379 (Conditional Use Permit - To operate a gasoline service station and drive-thru facility for a Kentucky Fried Chicken Restaurant) Project Description: A proposal to build a 5,000 square foot commercial building for gas/convenience market and restaurant with drive-thru services located on Out-lot "E" of the Promenade Mall, on the south side of Winchester Road between Margarita Road and Ynez Road. Assessor's Parcel No.: Approval Date: Expiration Date: 910-320-001 January19,2000 January19,2002 PLANNING DEPARTMENT General Requirements The applicant and owner of the real properly subject to this condilion 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. 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. PA99-0379, unless superseded by these conditions of approval. All these \\TEMEC_FSIOI\VOLI\USERPUBL\PLANNING\C.O.A. Apprvd Projects\379pa99 Ultramar.doc 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. The installation of the landscaping along Winchester shall be in substantial conformance with the site and landscape plans (Exhibits D & F) for the purpose of screening the view of the drive-thru 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 prior 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. OTHER AGENCIES 9. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated September 29, 1999, a copy of which is attached. 10. The applicant shall comply with the recommendations set forth in the Riverside County Flood Control's transmittal dated November 11, 1999, a copy of which is attached. 11. The applicant shall comply with the recommendations set forth in the Temecula Police Department's transmittal dated October 19, 1999, a copy of which is attached. 12. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated October 4, 1999, a copy of which is attached. 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 pr~ct shall be subject to Community Development Depadment approvals,, / / \\TEMEC_FSI01\V(~.,.1.VOSERPUBL\PLANNING~CZ)~ Apprvd Projects\379pa99 Ultramar.doc Date ~\TEMEC_FSI01\VOLI~USERPUBL\PLANNING\C.O.A. Apprvd Projects\379pa99 Ultramar.doc September 29, 1999 Thomas Thornsley, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SEP 3 0 ~999 SUBJECT: WATER AVAILABILITY PARCEL NO. 12 OF PARCEL MAP NO. 28530-1 APN 910-320-007 PLANNING APPLICATION NO. PA99-~79 Dear Mr. Thornsley: 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~SEi:mr 162~F012-T6~FCF County of Riven e DEPARTMENT OF ENVIRONMENTAL HEALTH DATE: October 4, 1999 FROM RE: TO: CITY OF TEMECULA PLANNING DEPARTMENT ,~TIjN: Thomas Thomsley /~ "CLARENCE HARRISON Environmental Health Spec a ist III[Li~ii! .... '&." '~ ': -,., ...~ ~'/;~ CONDITIONAL USE PERMIT NO. PA99-0379 [[, /.-...-.?: ,I(,:i! 1. Department of Environmental Ilealth request information concerning purveyors of water and sex, er. This information shoukl be displayed on tl~e exhibit(s). ]'he Depanmeat of' Envirmunental Health is unable to submit tentative recommendations until receipt of the requested supplemental information concerning water and sewer availability. CH:dr (909) 955-8980 "'D~Vld P. ZAPPE General Manager-Chief Engineer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995MARKET STREJ RIVERSIDE, CA 925( 909/955-1200 909/788-9965 FAX City of Temecula Planning Department Post Office Box 9033 Temecula, Califomia 92589-9033 tadiesandOentlemen:/ Re: PA 0377 The District does not no.ally recommend conditions for land divisions or other land use cases in incor orated c~es..Th~,Distd~ also does not plan check cit~ land use cases or provide State Division of Real E~tm~ ~m.~r nooo. nazarg, repoAs for sucn cases. Distnct comments/reCommendations for such m~s ~m n~;~;~i[';~* tO ~[e~s el sp~cmc Inte~t to the Distdct inc ud ng Distri~ Master Dra naoe Plan f~'~i~t~-~h~'7~h'~'&~J"~"'e~ coq~ ~ ~rmna~e facdlt~es which cou d be considered a logical com~onen[or e~en~h-h~ &'h'~i~ ano .~ls~nc~ Area urainage Plan fees (development mitigatiofi fees) Ih addition info~ The District has not reviewed the proposed project in detail and the following checked comments do not in any way healthC°nstitUteand°rsafe~implYorDiSt~Ctany otherappr°Vasuch issue:°r endorsement of the proposed project with respect to flood hazard, ~ublib This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional ~nterest proposed. This proje~ involves Distdct Master Plan facilities. The Distdct will accept ownership of such facilities on wd~en request of the Ci~ Fac t es must be constructed to District standards, and District plan check and inspection will be required for Dist~ct acceptance. Plan 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 could be conmdered regional in nature and/or a logical e~ens on of the adopted Master Drainage Plan. The Dis~ct Woulfl ~nsider a~ep~ng ownemhip of such faoli~es on wn~en request of the Ci~. Facilities must be mnstm~ed to Distd~ standards, and Dmtdct plan check and inspection ~11 be required for Dist~ a~eptance. Plan check, inspe~ion and administra~ve fees ~11 be required. This proje~ is Iomted ~thin the limits of the Distd~s ~O~I~T~ ~&~g/~~Area / Drainage Plan for which drainage fees have been adopted; apptim~le tees shoul~ De paio ~y ~shieFs check or money order only to tile Flood Con~ol Distdct pdor ~6 issuance of bulldog or grading permits, whichever comes first. Fees to be paid should be at the rote in effe~ at the time of issuance of[he actual permit. GENE~L INFORMATION This project may require a National Poll~ant D scharge Elim nat on System (NPDES) pe~it from the State Water Resources Con[roi Board. Clearance for ~rading, recordation, or other final approva/should not be given until the Ci~ has ~te~ined that the project has been granted a permit or is shown to be exempt. If this proje~ involves a Fedora Emergency Management Agency (FE~) mapped flood plain, then the Ci~ should require t~e appli~nt to prey de a studies, mlculafions, plans and other reformation required to meet FE~ reguirements and should fudher requ re that the applimnt obtain a Conditional Le~er of Map Revision (CLOMR) pdor to grading, recordation or other final approval of the project, and a Le~er of Map Revision (LOMR) pdor to occupancy. If a natural watercourse or mapped flood plain is impacted by this project, the Ci~ should require the applicant to obtain a Section 1601/1603 Agreement from the California Depadment of Fish and Game and a Clean Water Act Section 404 Pe~it from the U S. A~y Corps of Engineers, or wdBen co~espondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Se~on 401 Water Quali~ Ce~cation may be required from.the local Califomia Reg onal Water Quali~ Control Board pdor to issuance of the Corps 404 permit. Very truly yours, STUART E. MCKIBBIN Senior Civil Engineer Date: tl'fi:3~ ' c:::~.C.~ 10/19/1999 83:40 TEHE~ City of Temecula Temecula Police Department OCTOBER 19, 1999 RE: PA99-0379 DEVELOPMENT REV1EW COMMITTEE ULTRA MAR GAS STATION CASE PLANNER: THOMAS THORNSLEY Wlut re~pect lo the cor, ditio~m of ~ov~ f~ ~a ~e rofemnc~ Pro~ Tr~=ml~, ~e foil~;ng 1. Applicant shall ensure all hedges and shrubbery surrounding the building be maintained at a height rm greater than thirty-s~x (36) inches. Applicant ehall e~"~turo any trees surrounding the bugle we kept at a distance so as to dete~ roof accessabliity by would-bo burglem. 3. All parking lots. dHvawaye, and pedestrian walkways shall be illuminated with a m~nJmum maintained one (1) foot-cantle of light at gro~l leve~, evenly d~spersed, eliminating ;dj shadows. All exterior fighting fixtures ~ be vandal resistant. Ail exterior gghting shall be con,'oiled by photocells, flmetrs, or other me~qs to prevent ~enct]vaflon by unauthoUzed person~. 4. Ail exte~or doo~e ~iaR have their own vandal resistant r'ght fixture installed above. The doom shall be Illuminated wlut a minimum maintained one (1) foot candle of light at ground level, evenly dispersed. JUl extmtor llght~ng fixtures must conform to the decor et Ute exterior building. Any pubic telephones located on the extcdor of the b,~lding In the complex shall be placed In a well4lghted, hJgldy visible uae0 and in,tailed with a 'Call-Out Only° feature to dexor loitering. 6. All doom, windowe, locking mechanisms, hInges, and other miscellaneous hardware shall he of commercial or ir~fitutlonal grade. 7. Any graffiti painted or marked upon the pre~ shall be removed or painted ove~ within twenty- four 1241 hou~ of being discovered. 8. Proddl build.q] address on ioof-top by r.,halklng ~ i g~d 9" mt center and a height of 48', pointing numerals with · ata~lard 9' point reset using florescent yellow paint on normal build-up roofs. single 9' width between numerate. Ac[dross shall be paralle~ to and facing th~ p~imary ~tmet. 9. All roof hatches eh,dm be painted 'lntamational Orange'. 10. Street address shall be posted in a vblble location, minimu~ 12 inches In height, off the s~'eet side of the building wlut a contra~lJng background. 11. Upon completion of the upgrading of the ;ntericr, a monitored alarm system ah,al be Installed end mor~tomd 24-hm~e a day by a designated private alarm company, ~0 IlOtlfy the Police Department of any Intrusion. plene se~tan (9091 606-2626.