HomeMy WebLinkAbout91_015 PC ResolutionRESOLUTION NO. 91-015
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLOT PLAN NO.
166 TO CONSTRUCT A GASOLINE SERVICE STATION ON
A PARCEL CONTAINING .8 ACRES LOCATED AT THE
NORTHEAST CORNER OF YNEZ ROAD AND SOLANA
WAY AND KNOWN AS ASSESSOR'S PARCEL NO. 921-
680-006.
WHEREAS, Eastwood Technical Group filed Plot Plan No. 166 in
accordance with the Riverside County Land Use, Zoning, Planning and Subdivision
Ordinances, which the City has adopted by reference;
WHEREAS, said Plot Plan application was processed in the time and
manner prescribed by State and local law;
WHEREAS, the Planning Commission conducted a public hearing
pertaining to said Plot Plan on February 25, 1991, at which time interested persons had
opportunity to testify either in support or opposition to said Plot Plan; and
WHEREAS, the Planning Commission received a copy of the Staff Report
regarding the Plot Plan;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
~ECTIQN 1. EJQdJJ3gs. That the Temecula Planning Commission hereby
makes the following findings:
A. Pursuant to Government Code Section 65360, a newly
incorporated city shall adopt a general plan within thirty (30) months
following incorporation. During that 30-month period of time, the city is not
subject to the requirement that a general plan be adopted or the
requirements of state law that its decisions be consistent with the general
plan, if all of the following requirements are met:
(1) The city is proceeding in a timely fashion with the
preparation of the general plan.
(2) The planning agency finds, in approving projects and
taking other actions, including the issuance of building
permits, each of the following:
(a)
There is a reasonable probability that the land
use or action proposed will be consistent with
the general plan proposal being considered or
STAFFRP~PP166
studied or which will be studied within a
reasonable time.
(b)
There is little or no probability of substantial
detriment to or interference with the future
adopted general plan if the proposed use or
action is ultimately inconsistent with the plan.
(c)
The proposed use or action complied with all
other applicable requirements of state law and
local ordinances.
B. The Riverside County General Plan, as amended by the
Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior
to the incorporation of Temecula as the General Plan for'the southwest
podion of Riverside County, including the area now within the boundaries of
the City. At this time, the City has adopted SWAP as its General Plan
guidelines while the City is proceeding in a timely fashion with the
preparation of its General Plan.
C. The proposed Plot Plan is consistent with the SWAP and
meet the requirements set forth in Section 65360 of the Government Code,
to wit:
(1) The City is proceeding in a timely fashion with a
preparation of the general plan.
(2) The Planning Commission finds, in approving of projects
and taking other actions, including the issuance of building
permits, pursuant to this title, each of the following:
a)
There is reasonable probability that Plot Plan
No. 166 proposed will be consistent with the
general plan proposal being considered or
studied or which will be studied within a
reasonable time.
b)
There is little or no probability of substantial
detriment to or interference with the future
adopted general plan if the proposed use or
action is ultimately inconsistent with the plan.
,c)
The proposed use or action complies with all
other applicable requirements of state law and
local ordinances.
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D. (1) Pursuant to Section 18.30(c), no plot plan may be
approved unless the following findings can be made:
a)
The proposed use must conform to all the
General Plan requirements and with all
applicable requirements of state law and City
ordinances.
b)
The overall development of the land is designed
for the protection of the public health, safety and
general welfare; conforms to the logical
development of the land and is compatible with
the present and future logical development of
the surrounding property.
(2) The Planning Commission, in approving of the
proposed Plot Plan, makes the following findings, to wit:
a)
There is a reasonable probability that Plot Plan
No. 166 will be consistent with the City's future
General Plan, which will be completed in a
reasonable time and in accordance with State
law due to the fact that the proposed gasoline
service station is consistent with the existing
zoning and the SWAP land use designation of
Commercial.
b)
There is not a likely probability of substantial
detriment to or interference with the future
General Plan, if the proposed use is ultimately
inconsistent with the plan' due to the fact that
the proposed gasoline service station is
consistent with the existing zoning, the SWAP
land use designation of Commercial, and the
existing developments of the surrounding area.
c)
The proposed use or action complies with State
planning and zoning laws due to the fact that
the proposed use complies with Ordinance No.
348 and the action complies with State Planning
Laws.
d)
The site is suitable to accommodate the
proposed land use in terms of the size and
shape of the lot configuration, circulation
patterns, access, and intensity of use due to the
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e)
f)
g)
h)
i)
J)
fact that the proposed development complies
with the standards of Ordinance No. 348.
The project as designed and conditioned will not
adversely affect the public health or welfare due
to the fact that the Conditions of Approval
include mitigation measures which will ensure
that public health and welfare will be
maintained.
The project is compatible with surrounding land
uses. The harmony in scale, bulk, height,
intensity, and coverage creates a compatible
physical relationship with adjoining properties
due to the fact that the proposed development
is consistent with current surrounding
development and Ordinance No. 348.
The proposal will not have an adverse effect on
surrounding property, because it does not
represent a significant change to the present or
planned land use of the area due to the fact that
the surrounding properties are also zoned C-
1/C-P (General Commercial).
The project has acceptable access to a
dedicated right-of-way which is open to, and
useable by, vehicular traffic due to the fact that
the interior circulation is suitable and connects
with Ynez Road and Solana Way.
The project as designed and conditioned will not
adversely affect the built or natural environment
as determined in the initial study performed for
this project due to the fact that the Conditions of
Approval provide for the necessary mitigations
for the project.
The design of the project and the type of
improvements are such that they are not in
conflict with easements for access through or
use of the properly within the proposed project
as shown on the underlying Parcel Map and the
plot plan for the site.
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E. As conditioned pursuant to SECTION 3, the Plot Plan
proposed conforms to the logical development of its proposed site, and is
compatible with the present and future development of the surrounding
property.
SECTION 2. Environmental Cempliane~.
An Initial Study prepared for this project indicates that although the
proposed project could have a significant impact on the environment, there will not be a
significant effect in this case because the mitigation measures described in the
Conditions of Approval have been added to the project, and a Negative Declaration,
therefore, is hereby granted.
That the City of Temecula Planning Commission hereby approves Plot Plan
No. 166 to construct a gasoline service station consisting of a 2,740 square foot service
building with four service bays and seven gasoline pump islands located at the northeast
corner of Ynez Road and Solana Way and known as Assessor's Parcel No. 921-680-006
subject to the following conditions:
A. Attachment 2, attached hereto.
PASSED, APPROVED AND ADOPTED this 25th day of February 1991
,... DiiE ~11~ i~ -(~ H i~F
CHAIRMAN'
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
25th day of February, 1991 by the following vote of the Commission:
AYES: 4 PLANNING COMMISSIONERS 'Blair, Ford, Hoagland, Chiniaeff
NOES: 0 PLANNING COMMISSIONERS None
ABSENT: 1 PLANNING COMMISSIONERS Fahey
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CITY OF TEMECULA
CONDITIONS OFAPPROVAL
Plot Plan No: 166
Project Description: 2,742 square foot service
station with 3,000 square foot canopy area.
Assessor's Pamel No.: 921-680-006
The use hereby permitted by this plot plan is for a four (4) bay service station of
2,742 square feet with a 3,000 square foot canopy area with seven (7) gasoline
pump islands.
The permittee shall defend, indemnify, and hold harmless the City of Temecula, its
agents, officers, and employees from any claims, action, or proceeding against the
City of Temecula or its agents, officers, or employees to attack, set aside, void, or
annul, an approval of the City of Temecula, its advisory agencies, appeal boards,
or legislative body concerning Plot Plan No. 166. The City of Temecula will
promptly notify the permittee of any such claim, action, or proceeding against the
City of Temecula and will cooperate fully in the defense. If the City fails to
promptly notify the permittee of any such claim, action or proceeding or fails to
cooperate fully in the defense, the permittee shall not, thereafter, be responsible to
defend, indemnify, or hold harmless the City of Temecula.
This approval shall be used within two (2) years of 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. This approval shall expire on February 25, 1993.
The development of the premises shall conform substantially with that as shown
on Plot Plan No.166, marked Exhibit D, or as amended by these conditions.
Any outside lighting shall be hooded and directed so as not to shine directly upon
adjoining property or public rights-of-way.
The applicant shall comply with the Engineering Department's Conditions of
Approval which are included herein.
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10
11.
12.
Water and sewerage disposal facilities shall be installed in accordance with the
provisions set forth in the Riverside County Health Department's transmittal dated
October 22, 1990, a copy of which is attached.
Fire protection shall be provided in accordance with the appropriate section of
Ordinance No. 546 and the County Fire Warden's transmittal dated January 29,
1991, a copy of which is attached.
Prior to the issuance of grading or building permits, three (3) copies of a Parking,
Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning
Department of approval. The location, number, genus, species, and container size
of the plants shall be shown. Plans shall meet all requirements of Ordinance No.
348, Section 18.12, and shall be accompanied by the appropriate filing fee.
All landscaped areas shall be planted in accordance with approved landscape,
irrigation, and shading plans prior to the issuance of occupancy permits. An
automatic sprinkler-system shall be installed and all landscaped areas shall be
maintained in a viable growth condition. Planting within ten (10) feet of an entry or
exit driveway shall not be permitted to grow higher than thirty (30) inches.
A minimum of seventeen (17) parking spaces shall be provided in accordance with
Section 18.12, Riverside County Ordinance No. 348. eighteen (18) parking spaces
shall be provided as shown on the Approved Exhibit D. The parking area shall be
surfaced with asphaltic concrete paving to a minimum depth of 3 inches on 4
inches of Class II base.
A minimum of one (1) handicapped parking spaces shall be provided as shown on
Exhibit D. 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 not displaying distinguishing placards
or license plates issued for physically handicapped persons
may be towed away at owner's expense. Towed vehicles
may be reclaimed at or by
telephone "
STAFFRP%PP166
13.
14.
15.
16.
17.
18.
19,
20.
21,
22.
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.
Prior to the issuance of building permits, the applicant shall obtain clearance
and/or permits from the following agencies:
Planning Depadment
Engineering Department
Environmental Health
Rancho Water District
School District
Riverside County Flood Control
Fire Department
Eastern Municipal Water District
Prior to the issuance of building permits, the following additional plans shall be
submitted for Planning Department approval:
Landscaping, Irrigation, and Shading Plans.
A Plot Plan application for a Sign Program shall be submitted and approved by the
Planning Director prior to occupancy.
Building elevations shall be in substantial conformance with that shown on Exhibits
E, F and G.
Materials used in the construction of all buildings shall be in substantial
conformance with that shown on Exhibits E, F and G {Color Elevations)..
Roof-mounted equipment shall be shielded from ground view. Screening material
shall be subject to Planning Department approval.
All trash enclosures and storage bin enclosures shall be constructed prior to the
issuance of occupancy permits. Each enclosure shall be six feet in height and
shall be made with masonry block and a steel gate which screens the bins from
external view.
Landscaping plans shall incorporate the use of specimen canopy trees along
streets and within the parking areas.
All street lights and other outdoor lighting shall be shown on' electrical plans
submitted to the Department of Building and Safety for plan check approval and
shall comply with the requirements of Riverside County Ordinance No. 655.
Prior to the issuance of grading permits, the applicant shall comply with Ordinance
No. 663 by paying the fee required by that ordinance which is based on (the gross
acreage of the pamels proposed for development) (the number of single family
residential units on lots which are a minimum of one-half (1/2) gross acre in size).
STAFFRP%PP166
Should Ordinance No. 663 be superseded by the provisions of a Habitat
Conservation Plan prior to the payment of the fees required by Ordinance No. 663,
the applicant shall pay the fee required under the Habitat Conservation Plan as
implemented by County ordinance or resolution.
23.
Prior to the issuance of building permits, performance securities, in amounts to be
determined by the Director of Building and Safety to guarantee the installation of
plantings, walls, and fences in accordance with the approved plan, and adequate
maintenance of the Planting for one year, shall be filed with the Department of
Building and Safety.
24.
Prior to the issuance of occupancy permits, all required landscape planting and
irrigation shall have been installed and be in a condition acceptable to the Director
of Building and Safety. The plants shall be healthy and free of weeds, disease, or
pests. The irrigation system shall be properly constructed and in good working
order.
25.
All utilities, except electrical lines rated 33kv or greater, shall be installed
underground.
26.
All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
27.
Within forty-eight (48) hours of the approval of the project, the applicant/developer
shall deliver to the Planning Department a cashiers check or money order payable
to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five
Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars
($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code
Section 711.4(d)(2) plus the Twenty-Five Dollar ($25.00) County administrative fee
to enable the City to file the Notice of Determination required under Public
Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within
such forty-eight (48) hour period the applicant/developer has not delivered to the
Planning Department the check required above, the approval for the project
granted herein shall be void by reason of failure of condition, Fish and Game Code
Section 711.4(c).
FnoinP. erin_a Department
The following are the Engineering Department Conditions of Approval for this project, and
shall be completed at no cost to any Government Agency. All questions regarding the
true meaning of the conditions shall be referred to the Engineering Department,
It is understood that the Developer correctly shows all existing easements, traveled ways,
and drainage courses, and their omission may require the project to be resubmitted for
further consideration.
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PRIOR TO ANY OTHER SUBMITTAL:
28. Show location of corner cut-off dedication at Ynez Road and Solana Way.
29. Monument sign shall be relocated out of cut-off area.
30. Slope on Ynez Road shall be pulled back out of the future right-of-way.
PRIOR TO ISSUANCE OF GRADING PERMIT:
31.
The developer shall receive written clearance from the following agencies as
determined by the City Engineer or his designee:
Rancho California Water District;
Eastern Municipal Water District;
Riverside County Flood Control District;
City of Temecula Fire Bureau;
Planning Department;
Engineering Department;
Riverside County Health Department;
CATV Franchise;
32.
The developer shall submit four (4) prints of a comprehensive grading plan to the
Engineering Department. The plan shall comply with the Uniform Building Code
and Chapter 70 as may be additionally provided for in these Conditions of
Approval. The plan shall be drawn on 24"x36" mylar by a Registered Civil
Engineer.
33.
The developer shall submit four (4) copies of a soils report to the Engineering
Department. The report shall address the soils stability and geological conditions
of the site.
34.
A flood mitigation charge shall be paid. The charge shall equal the prevailing Area
Drainage Plan fee rate multiplied by the area of new development. The charge is
payable to the Flood Control District prior to issuance of permits. If the full Area
Drainage Plan fee or mitigation charge has already credited to this property, no
new charge needs to be paid.
PRIOR TO ISSUANCE OF BUILDING PERMIT:
35.
A precise grading plan shall be submitted to the Engineering Department for
review and approval. The building pad shall be certified by a registered Civil
Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils
Report addressing compaction and site conditions.
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36.
Prior to issuance of a building permit, the developer shall deposit with the
Engineering Department a cash sum as established per acre as mitigation for
traffic signal impact.
37.
Sufficient right-of-way along Ynez Road shall be confirmed to exist or conveyed for
public use to provide for a public street for public use to provide for a 67 foot half
width right-of-way.
PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY:
38.
Prior to occupancy, the developer shall provide evidence that the Mello-Roos
District will construct the improvements on Ynez Road, in accordance with County
Standard No. 100, Section A (110'/134').
In the event that the Mello-Roos District will not construct the improvements, the
developer shall be required to construct the improvements.
39.
Developer shall pay any capital fee for road improvements and public facilities
imposed upon the property or project, including that for traffic and public facility
mitigation as required under the EIPJNegative Declaration for the project, in the
amount in effect at the time of payment of the fee. If an interim or final public
facility mitigation fee or district has not been finally established by the date on
which Developer requests its building permits for the project or any phase thereof,
the Developer shall execute the Agreement for Payment of Public Facility Fee, a
copy of which has been provided to Developer. Developer understands that said
agreement may require the payment of fees in excess of those now estimated
(assuming benefit to the project in the amount of such fees) and specifically
waives its right to protest such increase.
Building and ~afety. Department
40.
Submit two (2) sets of plans to include plumbing, electrical, mechanical, and
structural drawing for review to Building and Safety.
41.
Submit approved County of Riverside Health Department plans to Building and
Safety prior to or at the same time construction plans are submitted to Plan Check.
42.
Lighting on site and located on structures shall comply with Mount Palomar
Lighting Ordinance No. 655.
43.
Applicant shall fill out an Application for Final Inspection. Allow two (2) weeks
processing time to obtain all required clearances prior to final inspection.
44.
School fees must be paid to Temecula Unified School District prior to issuance of
Building Permits.
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PLANNING & ENGINEERING
46-~09 O.~I$ STREET, SUITE 405
INDIOo CA 92201
(619) 342-8886
RIVERSIDE COLTNTY
FIRE DEPARTMENT
IN COOPERATION WITH TIlE
CALIFORNIA DEPARTMENT OF FORESTRY
AND FIRE PROTECTION
GLEN J, NEV~MAN
FIRE CHIEF
January 29, 199I
PLANNING & ENGINEERING
376O I2TH STREET
RIVERSIDE, CA 92501
(?14) 275-4777
TO: CITY OF TEMECULA
ATTN: PLAIN ING DEPARTMENT
RE: PLOT PLAN 166 AMEND #I
With respect to the conditions of approval regarding the above referenced plot
plan, the Fire Department recommends the following fire protection measures
be provided in accordance with Riverside County Ordinances and/or recognized
fire protection standards:
1. The Fire Department is required to set a minimum fire flow for the remodel
or construction of all commercial buildings using the procedure established
in Ordinance 546.
Provide or show there exists a water system capable of delivering 2000 GPM
for a 2 hour duration at 20 PSI residual operating pressure, which must be
available before any combustible material is placed on the Job site.
The required fire flow shall be available from a super fire hydrant
(6"xd"x2½x2½), located not less than 25 feet or more than 165 feet from
any portion of the building as measured alon8 vehicular travelwa~s.
Applicant/developer shall be responsible to submit written certification
from the water company noting the location of the existing fire hydrant and
that the existing water system is capable of delivering 2000 GPM fire flow
for a 2 hour duration at 20 FSI residual operating pressure. If a water
system currently does not exist, the applicant/developer shall be responsible
to provide written certification that financial arrangements have been made
to provide them.
5. Certain designated areas will be required to be maintained as fire lanes.
6. Applicant/developer shall be responsible for obtaining underground tank
permits from both the County Health and Fire Departments.
7. Install portable fire extinguishers with a minimum rating of 40mc
Contact a certified extinguisher company for proper placement of equipment.
Page 2
Prior to issuance of building permits, the applicant/developer shall
be responsible to submit a check or money order in the amount of $558.00
to the Riverside County Fire Department for plan check fees.
Prior to the issuance of building permits, ~he developer shall deposit
with the City of Temecula, a check or money order equaling
the sum of 25¢ per square foot as mitigation for fire protection impacts.
This amount must be submitted separately from the plan check review fee.
10. Final conditions will be addressed when building plans are reviewed in the
Building and Safety Office.
Ail questions regarding the meaning of conditions shall be referred to the
Planning and Engineering staff.
RAYMOND H. REGIS
Chief Fire Department Planner
Laura Cabral, Fire Safety Specialist
FROM:
RE:
t oun y' Riverside
DEPARTMENT OF HEALTH
ClTY OF TEMECULA
N: ~l~ver Mu.j~ca
PLOT PLAN N0'~ 1~/
DATE:
HEALTH SPECIALIST IV
10-22-90
The'Environmental Health Services has reviewed Plot Plan No.
166 and has no ob.ject~ons. Sanitary sewer and water
services are available in this area. ~rl.p£_~k9 ~.~_g pl~_g
~.b~lI.~.k,. the following items will be requested:
"Will-serve" letters from the water and sewerin~
agencies.
If there are to be any hazardous materials, a
~fa~.~._k~k~_~ from the Envlronmental Health
Services Hazardous Materials Management Branch
Mohoroskl, 358-~055), will be required ~ndlcat~no
that the project has been cleared for:
a. Under,round storage tanks.
b. Hazardous Waste Generator Services.
c. Hazardous Waste Disclosure (in accordance w~th
AB 2185).
d. Waste reduction manaoement.
SM:dr
cc: Jon Mohoroski, Hazardous Materials Branch