HomeMy WebLinkAbout91_038 PC ResolutionRESOLUTION NO. 91-038
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING CONDITIONAL
USE PERMIT NO. 2901 (REV.) TO PERMIT EXISTING AND
PROPOSED GASOLINE DISPENSING PUMPS CENTER AT
THE CORNER OF JEFFERSON AND WINCHESTER
AVENUES, TEMECULA, CALIFORNIA.
WHEREAS, Rancho Car Wash, filed CUP No. 2901 (Rev.) in accordance with the
Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City
has adopted by reference;
WHEREAS, said CUP application was 3rocessed in the time and manner
prescribed by State and local law;
WHEREAS, the Planning Commission considered said CUP on May 6, 1991, at
which time interested persons had an opportunity to testify either in support or opposition;
WHEREAS, at the conclusion of the Commission hearing, the Commission
recommended approval of said CUP;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
~ECTIQN _1.. F_~. 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:
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(a)
There is a reasonable probability that the land use or
action 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 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 portion 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.
Co
requirements
The proposed CUP is consistent with the SWAP and meets the
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 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 CUP No. 6
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 18.26(e), no CUP may be approved
unless the applicant demonstrates the proposed use will not be detrimental to the
health safety and welfare of the community, and further, that any CUP approved
shall be subject to such conditions as shall be necessary to protect the health,
safety and general welfare of the community.
(2) The Planning commission, in approving the CUP, makes the
following findings, to wit:
a)
The site of the proposed use together with the
on-site parking required and provided is suitable
in size to accommodate the proposed intensity
of development.
b)
The proposed use will not have a substantial
adverse effect on abutting property of the
permitted use there of. The proposed use is not
on scale of intensity to impact adjacent uses.
c)
The site for the proposed use has adequate
access to the fully improved Jefferson Avenue
as evidenced in the site plan for C.U.P. 2901
(Rev.)
d)
The proposed project will not inhibit or restrict
future ability to use active or passive solar
energy systems. Adequate building exposure is
provided for these alternatives.
e)
As conditioned, the project will not have a
significant adverse effect on the environment as
the project is exempt from the C.E.Q.A.
Guidelines.
f)
There is a reasonable probability that the project
will be consistent with the City's General Plan
once it is adopted, based on analysis in the staff
report and the proposal's conformance with
existing applicable ordinances and Conditions of
Project Approval.
g)
The lawful conditions stated in the approval are
deemed necessary to protect the public health,
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safety and general welfare. The Conditions
stated in the attached Staff analysis are based
in mitigative measures necessary to reduce the
severity of, or entirely eliminate potential
adverse impacts of the project, including
potential impacts on adjacent parking facilities,
human health and safety, and City fire
protection services.
h)
There is not a probability of detriment to, or
interference with the future adopted General
Plan Land Use if the proposed use is ultimately
inconsistent with the new General Plan. The
proposed use is of insignificant scale in the
context of regional development. Further, if
found to be ultimately detrimental, the use is
subject to termination under City ordinance
provisions contained in Section 18.31 of City
Ordinance No. 348
i)
These findings are supported by Staff analysis,
minutes, maps and exhibits, associated with this
application and herein incorporated by
reference.
As conditioned pursuant to SECTION 3. the C.U.P. proposed is
compatible with the health, safety and welfare of the community.
SECTION 2. Environmental Compliance.
The proposed revised C.U.P. has been determined to be exempt from the
C.E.Q.A. pursuant to Section 15303 of that document.
SECTION 3. Cendition.~
That the City of Temecula Planning Commission hereby approves C.U.P.
2901 (Rev.) for the placement of existing and additional gasoline dispensing
pumps at the Northeast corner of Jefferson and Winchester Avenues,
Temecula, California subject to the attached conditions.
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PASSED, APPROVED AND ADOPTED THIS 6th day of May 1991.
DENNIS CHINIAEFF -~
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
6th day of May 1991 by the following vote of the Commission
AYES: 5 PLANNING COMMISSIONERS Blair, Fahey, Ford, Hoagland, and
Chairman Chiniaeff
NOES: 0 PLANNING COMMISSIONERS None
ABSENT: 0 PLANNING COMMISSIONERS None
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CITY OF TEMECULA
CONDITIONS OF APPROVAL
C.U.P. 2901 (Revised
Project Description: Car Wash
and Gasoline Dispensing Facility
APN 910-200-061
The use hereby permitted by this Revised C.U.P. is for the placement of two (2)
additional gas pump islands and four (4) gas pumps, and to allow four (4) existing
gas pumps, and one additional storage tank.
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. 216. 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 May 6, 1993.
The development of the premises shall conform substantially with that as shown
on Conditional Use Permit No. 2901 (Rev.) marked Exhibit A, 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.
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, which are included herein.
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10.
11.
12.
13.
Flood protection shall be provided in accordance with the Riverside County Flood
Control District's transmittal dated November 28, 1989, 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 Department's transmittal dated October
29, 1990, which are included herein.
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 24 parking spaces shall be provided in accordance with Section
18.12, City of Temecula Ordinance No. 348.
A minimum of 1 handicapped parking spaces shall be provided as shown on
Exhibit A. 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 "
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 Department
Engineering Department
Environmental Health
Building & Safety Department
School District
Fire Department
CalTrans
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14.
Prior to the issuance of building permits, the following additional plans shall be
submitted for Planning Department approval:
Landscaping, Irrigation, and Shading Plans.
15.
No roof-mounted equipment shall be permitted on any building within the project
site.
16.
All Trash enclosures shall be constructed prior to the issuance of occupancy
permits. As a minimum, each enclosure shall be six feet in height and shall be
constructed of masonry block with a solid steel gate which screens the bins from
external view.
17.
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.
18.
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.
19.
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.
20.
All utilities, except electrical lines rated 33ky or greater, shall be installed
underground.
21.
All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
Engineering 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 BUILDING DEPARTMENT PERMIT:
22.
Developer shall pay any capital fee for road improvements and public facilities
imposed upon the property or project. 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.
Transportation Engineering Department
23. No Comment
Department of Building and ~afeh/.
24.
The applicant shall fill out an application for Final Inspection, allow two (2) weeks
for processing time to obtain all required clearances prior to final inspection.
25. Provide two (2) complete sets of plans for Plan Review to Building and Safety.
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FROM:
RE:
County of Riverside
DEPARTMENT OF HEALTH
_ I ~, OF TEMECULA DATE:
A.~.N: Mark Rhoades
.... C,AL ....
/SAM MAgT!I~E ,~--ENVIRONMENTAL HEALTH ,:~e- ~ ',:~
CONDITIONAL 'G~E P~RNIT NO. 290:~
Cwndit lonal
The Envir,~nl~ental Health Services has reviewed
Use Permit No, 2901 and ha~ no ob~ect, ion~. Sanita:-v sewer
~.,~. L*~ng olan subm~tta!, the roi lowln~ items w~/t
!. 'Will-~erve' !etter; from the ~ater and sewering
Three complete set5 of plans for each food
establishment ~ill be submitted, ln,zludln~ a
[f there are to be anv hazardous materials, a
.:.!.eafance l.e..~._t~£_ from the Envii'onmental Health
~3erv~ce~ Hazardous Mater~15 Manacement Branch (.3on
M,:,horoskl, ~5~-5055). will be reaulred lndlcatlnc
r.h,it the pro!ect has been cleared for:
a Underqround storaoe tanks.
._,; Hazardous Waste Generator Servicms.. .
AB 2185).
ri: iron Mohoro~kl. Hazardous Materials 9, ranch
KENNETH L- EDWARDS
RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
Riverside County
Planning Department
County Administrative Center
Riverside, California
Attention: Regional Team No.
Planner~oR/~
Area:
Re:
We have reviewed this case and have the following comments:
Except for nuisance nature local runoff which may traverse portions of the
property the project is considered free from ordinary storm flood hazard.
However, a storm of unusual magnitude could cause some damage. New construc-
tion should comply with all applicable ordinances.
The topography of the area consists of well defined ridges and natural water-
courses which traverse the property. There is adequate area outside of the
natural watercourses for building sites. The natural watercourses should be
kept free of buildings and obstructions in order to maintain the natural
drainage patterns of the area and to prevent flood damage to new buildings.
A note should be placed on an environmental constraint sheet stating, "All new
buildings shall be floodproofed by elevating the finished floors a minimum of
18 inches above adjacent ground surface. Erosion protection shall be provided
for mobile home supports."
This project is in the . Area
drainage plan fees shall be paid in accordance with the applicable rules and
regulations.
The proposed zoning is consistent with existing flood hazards. Some flood
control facilities or floodproofing may be required to fully develop to the
implied density.
The District's report dated J-~-o~ is still current for this project.
The District does not object to the proposed minor change.
This project is a part of . The project will be
free of ordinary storm flood hazard when improvements have been constructed in
accordance with approved plans.
The attached comments apply.
Very truly yours,x~-
~_~JOHN ,. K~ASHUBA
Senior Civil Engineer
DATE: ~, ~, / ¢/~.~
PLANNING & ENGINEERING
46-Z09 OA81~ STREET, SUITE 405
INDIO, CA 92201
(619) 342.8886
RIVERSIDE COUNTY
FIRE DEPARTMENT
IN COOPERATION WITH THE
CALIFORNIA DEPARTMENT OF FORESTRY
AND FIRE PROTECTION
GLEN J. NEWMAN
FIRE CHIEF
October 29, 1990
PLANNING & ENGINEERING
3760 tZTH STREET
RIVERSIDE, CA 92501
(714) 275-4777
TO:
CITY OF TEMECULA
ATTN:
PLANNING DEPARTMENT
RE:
CDP 2901 - REVISED PERMIT - AMENDED
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:
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.
2. Gasoline pumps must be inspected by fire department prior to operation
of pumps.
3. Certain designated areas will be required to be maintained as fire lanes.
4. Install portable fire extinguishers with a minimum rating of 2A-10BC.
Contact certified extinguisher company for proper placement of equipment.
All questions regarding the meaning of the conditions shall be referred to the
Fire Department Planning and Engineering staff.
RAYMOND H. REGIS
Chief Fire Department Planner
By
Laura Cabral, Fire Safety Specialist
ml
STATE OF CALIFO~NIA-~SUSINESS, TRANSPO~TATIC~ AND HOUSING AGENCY
DEPARTMENT OF TRANSPORTATION
DISTRICT 8, P.O. BOX 231
September 22, 1989
Development Review
08-Riv-79-R2.28
Your Reference:
CUP 2901
Planning Department
Attention Gloria Guzman
County of Riverside
4080 Lemon Street
Riverside, CA 92501
Dear Mr~.Guzman:
Thank you for the opportunity to review the proposed Revised
Conditional Use Permit 2901 located north of Winchester Road
(State Highway 79) and east of Jefferson Road near Rancho
California.
Although the traffic generated by this proposal does not appear
to have a significant effect on the State highway system,
consideration must be given to the cumulative effect of continued
development in this area. Any measures necessary to mitigate the
cumulative impact of traffic should be provided prior to or with
development of this area.
We have no specific comment on this proposal.
If additional information is desired, please call Mr. Thomas J.
Neville at (714) 383-4384.'
Very truly yours,
H. N. LEWANDOWSKI
District Permits Engineer
December 6, 1989
Board of Directors:
James A. Darby
President
Jeffrey L. Minkler
Sr. Vice President
Ralph Daily
Csaba F. Ko
Doug Kulberg
Stephen M. Silla
Richard D, Steffey
John F. Hennigar
Phillip L. Forbes
Director of Finance-
Thomas R. MeAliester
Edward P. Lemons
Perry. [~ Louek
Linda M. Fregoeo
McCormick~ Kidman
& Behrens
Legal Counsel
Riverside County Planning Department
4080 Lemon Street, 9th Floor
Riverside, California 92501-3657
Subject: Water Availability
Reference: APN 910-200-061
Revised C.U.P. 2901
Gentlemen:
Please be advised that the above-referenced property is located
within the boundaries of Rancho California Water District. Water
service, therefore, would be available upon completion of financial
arrangements between RCWD and the property owner.
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 Senga Doherty at (714)
676-4101.
Very truly yours,
RANCHO CALIFORNIA WATER DISTRICT
Steve Brannon
Engineering Manager
F012/dpw409f
cc: Senga Doherty
R A N C H O C A L I F O R N I A W A T E R D I S T R I C T
28061 DIAZ ROAD · POST OFFICE BOX 9017 · TEMECULA, CA 92390-0737 · (714) 676.4101 · FAX (714) 676-0615