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HomeMy WebLinkAbout110503 PC Agenda n comp ance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, p ease contact the office of the City Clerk (909) 694-6444. Notification 48 houm prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA T t e ) CALL TO ORDER Flag Salutei Roll Call: PUBLIC COMMENTS AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE NOVEMBER 5, 2003 - 6:00 P.M. Next in Order: Resolution: No. 2003-059 Commissioner Mathewson Guerriero, Mathewson, Olhasso, Telesio and Chiniaeff A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three (3) minute time limit for individual speakers. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. I Aqenda RECOMMENDATION: 1.1 Approve the Agenda of November 5, 2003 R:'~P LAN COM M'C, genda s~003\11-05-03.dcc 1 2 Minutes RECOMMENDATION: 2.1 Approve the Minutes of September 3, 2003 2.2 Approve the Minutes of September 17, 2003 3 Director's Hearinq Case Update RECOMMENDATION: 3.1 Approve the Director's Hearing Case Update for September 2003 COMMISSION BUSINESS PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. New Items 4 Planninq Application No. PA03-0166 An Appeal of the Director of Plannin.q's Decision to approve Plannin.q Application No. PA03-0166, a Conditional Use Permit and Development Plan for a 6,256 square foot, self-serve car wash facility1 includinq six wash bays and eiqht dry bays located on the south side of Via Rio Temecula, approximately 160 feet west of Redhawk Parkway, Dan Lon.q, Associate Planner RECOMMENDATION: 4.1 Adopt a Notice of Exemption for Planning Application No. PA03-0166 (Conditional Use Permit/Development Plan) pursuant to Section 15332 of the California Environmental Quality Act Guidelines; R:'~PLAN COMMV~gendas~2003\l 1-05-03.doc 2 4.2 Adopt a resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA03-0166 UPHOLDING THE DIRECTOR OF PLANNING'S DECISION TO APPROVE A CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN FOR A 6,256 SQUARE FOOT SELF-SERVE CAR WASH FACILITY, INCLUDING SIX WASH BAYS AND EIGHT DRY BAYS, LOCATED ON THE SOUTH SIDE OF VIA RIO TEMECULA, APPROXIMATELY 160 FEET WEST OF REDHAWK PARKWAY, KNOWN AS APN: 961-080-023. COMMISSIONER'S REPORTS PLANNING DIRECTOR'S REPORT Discuss Planner's Field Trip ADJOURNMENT Next regular meeting: Council Chambers 43200 Business Park Drive Temecula, CA 92590 November 19, 2003 R:\PLANCOM~gendas~2003\l 1-05-03.doc 3 ITEM #2 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION SEPTEMBER 3, 2003 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:05 P.M., on Wednesday, September 3, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Commissioner Mathewson led the audience in the Flag salute. ROLL CALL Present: Commissioners Guerriero, Mathewson, Olhasso and Telesio Absent: Chairman Chiniaeff PUBLIC COMMENTS No comments. CONSENT CALENDAR 1. A.qenda RECOMMENDATION: 1.1 Approve the Agenda of September 3, 2003. 2. Minutes RECOMMENDATION: 2.1 Approve the Minutes of August 6, 2003. MOTION: Commissioner Olhasso moved to approve Item Nos. 1-2. The motion was seconded by Commissioner Guerdem and voice vote reflected approval with the exception of Commissioner Mathewson who abstained from Item No. 2 and Commissioner Chiniaeff who was absent. In response to Director of Planning Ubnoske's request, the Commission unanimously agreed to move Item No. 3 as the first item on the agenda. COMMISSION BUSINESS Design Guidelines Workshop to be discussed after Item No. 3. PUBLIC HEARING ITEMS NEWITEMS Planning Application No. PA03-0226 a Development Plan to desiqn and construct an eleven building Ii(Iht industrial complex in two phases totalin.q 127,162 square feet on 8.91 acres located on the south side of Remin(Iton Avenue, approximately 900 feet west of Diaz Road, Stuart Fisk, Assistant Planner. RECOMMENDATION: 3.1 Adopt a Mitigated Negative Declaration for Planning Application No. PA03-0226 (Development Plan) pursuant to Section 15070 of the California Environmental Quality Act; 3.2 Adopt a resolution entitled: PC RESOLUTION NO. 2003-055 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 0A03-0226, A DEVELOPMENT PLAN TO DESIGN AND CONSTRUCT AN ELEVEN BUILDING LIGHT INDUSTRIAL COMPLEX IN TWO PHASES TOTALING 127,162 SQUARE FEET ON 8.91 ACRES, GENERALLY LOCATED ON THE SOUTH SIDE OF REMINGTON AVENUE, APPROXIMATELY 900 FEET WEST OF DIAZ ROAD, KNOWN AS ASSESSORS PARCEL NOS. 909-370-012 AND 909-370-016 Assistant Planner Fisk provided an overview of the staff report (as per agenda material), noting the following: That this planning application is a request to design and construct, in two phases, an eleven-building, light industrial complex, totaling 127,162 square feet on 8.91 acres and to be located on the south side of Remington Avenue, approximately 900 feet west of Diaz Road; That the proposed project will be consistent with the Design Guidelines for the Light Industrial (LI) zone; that the building setbacks meet or exceed the minimum requirements of the Development Code; that the Floor Area Ratio (FAR) of .33 will be below the target ratio of .4 for this zoning district; That access to the site will be provided at three locations off Remington Avenue with parking being provided throughout the site; that the drive aisle layout will allow for circulation of emergency vehicles as well as multiple routes through the site. Architecture That the proposed architecture will include painted concrete tilt-up buildings, the use of glass, bull-nosed cornice entry panels, accent tiles, cast V reveals, wrought iron gates, and trellis structures; that the proposed building entries will include bull-nosed cornice panels and glass door ways that recess behind the main wall; that the reofline has varied parapet heights at the office entry locations; that many of the entdes will feature painted metal canopies; that the buildings will include various breaks and angles in the wall planes which provide for screening of the loading areas as well as breaking up building mass from street view; That the front set back will include trellis patio cover structures at the front of three of the five buildings along Remington Avenue which will as well serve to provide visual offsets and add interest to the street facing facades. Landscaping That the landscape plan conforms to the landscape requirements of the Development Code and Design Guidelines; that the tree and shrub placement will serve to effectively screen onsite parking areas and effectively soften building elevations; that the landscaping also serves to tie the site together in that the landscaping along Remington Avenue will provide strong visual identification of the street frontage associated with the project; and that the landscape scheme presented along the street frontage will be carried throughout the project; That the project proposes a total of 337 trees and 4,572 shrubs located throughout the project site, which will establish a height standard for future development on surrounding parcels. Site Plan That two phases of development are proposed for the project; that phase one may be developed as a stand-alone project; that required screening will be provided for all loading and trash enclosure areas; that circulation requirements (including Fire Department access requirements) will be met; that full landscaping of all of the phase one portion of the project will be provided; that the timeframe of phase two has not been determined and would not be anticipated to be within six months of completion of phase one; and that the project has been conditioned to temporarily seed and irrigate phase two for dust and soil erosion control in accordance with the Development Code. Environmental Determination That the project will be larger than five acres in size and will not qualify for an exemption from CEQA and, therefore, an Initial Environmental study was prepared; that staff would recommend that the Planning Commission adopt a Mitigated Negative Declaration for the proposed project; That staff had determined that the proposed eleven-building, light industrial complex, as conditioned, will be consistent with the City's General Plan, Development Code, and ali applicable ordinances, standards, guidelines, and polices; that staff also would recommend approval of the Mitigated Negative Declaration and Development Plan. For Commissioner Mathewson, Principal Planner Hazen explained that when the construction plans are submitted, staff will not sign off on the project unless the air conditioning has been properly screened, as per the standard conditions of approval. At this time, the public hearing was opened. Mr. John Bragg, 4660 La Jolla Village Drive, #510, applicant, stated that he would agree with the recommended conditions and would be available for any questions. At this time, the public headng was closed. Commissioners Telesio, Mathewson, and Olhasso relayed their support of the proposed project. Although agreeing with his fellows Commissioners' support, Commissioner Guerriero expressed his disappointment with the cornice elements. MOTION: Commissioner Mathewson moved to approve Item No. 3. The motion was seconded by Commissioner Guerriero and voice vote reflected approval with the exception of Commissioner Chiniaeff who was absent. COMMISSION BUSINESS By way of a PowerPoint, Senior Planner Naaseh reviewed the process of hiring the firm RRM to update the Design Guidelines and introduced Mr. Mark Brodeur, representing RRM Development Group. Advising that he was the odginal author of the City's current Design Guidelines, Mr. Brodeur explained that tonight's goal would be to gauge the Commission's and public input in order to make the Design Guidelines more specific and understandable by the community and, at the same time, raising the bar for quality. Mr. Brodeur provided an overview of steps undertaken to date, noting the following: Conducted a kick-off meeting with staff in order to determine what has worked and what does not work; Reviewed and commented on the existing Design Guidelines; · Current Design Guidelines were given to an RRM Development Review Team for comments; · Staff identified the problem areas of the Design Guidelines. By way of a PowerPoint presentation, Mr. Brodeur reviewed the reasoning for a City having Design Guidelines; commented on the necessary changes to the current Design Guideline; presented various examples of types of homes and buildings; reviewed the standards of each type of home and buildings; cladfied the changes necessary to the current Design Guideline in an effort to achieve a certain type of development quality; reviewed examples of vadous types of architecture for shopping centers, highlighting parking, lighting, and landscaping; and stated that the ensure the most effective Design Guidelines, staff would recommend developing more standards and fewer guidelines, commenting on requiring particular matedal pallets and prohibiting franchise architecture. Mr. Brodeur suggested the development of a visual document by providing pictures of actual buildings with a list of standards for each type of architecture. Because of the constraints standards may impose on a project, Mr. James Horecka, 32902 Haddock Street, architect, urged the Commission to create a balance and suggested the development of tiers within the Design Guidelines; recommended streamlining the application process by staff; requested a copy of the draft Development Guidelines for review. 4 Mr. Cados Madrid, 515 S. Flower, DMJM Amhitecture, requested that the Commission consider adding sustainability, environmental issues, and lighting designs into the Design Guidelines. Mr. Walt Allen, 28441 Rancho Califomia Road, complimented and echoed Mr. Horecka's vision of development; stated that each design should be reviewed on a case-by-case basis; and requested to be included on the Committee that would be reviewing the draft Design Guidelines. Relaying her preference with the consultant's recommendation to not restrict to define the Design Guidelines, Commissioner Olhasso reviewed different types of development around the County and requested to receive suggestions from staff. For Commissioner Mathewson, Director of Planning Ubnoske addressed the labeling of types of homes and buildings. Commissioner Mathewson requested that the neighborhood scale in the residential neighborhoods be studied; concurred with Commissioner Olhasso on not restricting but defining the Design Guidelines; and noted the importance of staff training. Commissioner Guerriero relayed his desire for a more animated monumentation at the larger intersections such as a waterfall or fountain shows; suggested that the minimum landscaping standard be raised from 20% to 25%; requested that development of more single-story structures; and recommended the use of environmental materials. Noting that more landscaping is not always better, Mr. Vincent Di Donato, 41635 Enterprise Circle North, landscape architect, stated that the importance is the location of the landscaping and expressed concern with constraints on the standards of development. - Viewing balance as a very important part of a project, Mr. Horecka relayed his concurrence with creating a signature element for the community. For Commissioner Olhasso, Director of Planning Ubnoske advised that an amendment has been discussed with regard to the Old Town Design Guidelines; that the amendment will be forwarded to the Old Town Local Review Board; and that it would then be forwarded to the Planning Commission and then to the City Council for final review. Commissioner Telesio expressed concern with having too much constraint on the standards and, thereby, eliminating creativity. Commissioner Olhasso advised that Mr. David Salawitz, a former analysist for the City of Ontario, reviewed products proposed and pricing structures; advised that he had provided an analysis, stating that the City of Ontario was under building for its community; and requested whether a residential or commercial developer may be required to submit this type of analysis. In response to Commissioner Olhasso, Assistant City Attorney Cudey noted that although specific measures would require exploration, a developer might be required to provide such information. Commissioner Mathewson suggested that both the landscape and building design should be submitted at the beginning of the project and that a specific landscape theme, compatible with the architectural style, be emphasized in the Design Guidelines. For Commissioner Mathewson, Principal Planner Hazen stated that a terminology/definitions section would be added to the Design Guidelines. Assistant City Attorney Cudey clarified the difference between the adoption of an ordinance and the approval of guidelines, noting that an ordinance is a penal statute of the City or jurisdiction that adopts it; that the adoption of an ordinance would be City law; and that guidelines have more flexibility because they are not law. With additional Commission discussion ensuing, it was agreed to incorporate more authentic designs; that it is important for staff and the architects to work as a team; that the statement creating a good sense of entry to any type of business in the Design Guidelines must be addressed; that defining the elements that assist staff in establishing quality projects will be critical; that signage should be addressed; that single-story homes should be clustered to avoid the skyscraper syndrome which, depending on its orientation, would take away natural sunlight; that hardscaped areas be incorporated into landscaped areas; and that the proposed guidelines should be developed in a fashion so that the applicants/architects are fully aware of the minimum requirements. Mr. Brodeur stated, for Commissioner Telesio, that because it would not be possible to define every type of architecture, he would recommend to establish a criterion of preferences versus defining particular architecture. Mr. Roger Ziemer, 30367 Via Camada, requested that the Commission review the book that was formulated from a consumer survey and was issued at the Pacific Coast Builders Conference, clarifying buyer's expectations and noted that the younger population is no longer desirous of the standard two-story residence. Mr. Horecka commented on the danger of legislative style and expressed concern with the use of the word authentic. Associate Planner Long stated that a pdority list should be established to reflect what the Committee and what staff would envision in a typical commercial center. Senior Planner Naaseh explained that staff and the consultant will further review the matter after which the item would be readdressed by the Commission. Planning Director Ubnoske suggested first bringing forward the industrial section of the Design Guidelines. Commissioner Guerriero thanked the architect and development community for the input and attendance at the meeting. The Commissioners complimented the Planning Department staff for their associated efforts. COMMISSIONER'S REPORTS Commissioner Mathewson stated concern with the placement of a coming soon banner on a fence at the Bel Villagio Plaza and questioned whether Public Works Director Hughes would be addressing streetscape issues. 6 For Commissioner Mathewson, Planning Director Ubnoske advised that staff has determined that the utility boxes have been incorrectly placed and that staff is currently having several other issues with Harveston. PLANNING DIRECTOR'S REPORT Planning Director Ubnoske thanked the Commission for its support and words of support to staff; advised that staff may bring forth Development Code amendments regarding the Design Guidelines; and noted that she would as well like to review the consumer survey from the Pacific Coast Builders Conference. ADJOURNMENT At 9:00 P.M., Vice Chairman Telesio formally adjourned the meeting to the next re,qular meetin.q to be held on Wednesday, September 17, 2003, at 6:00 P.M., in the Council Chambers 43200 Business Park Drive, Temecula, CA 92590 Dennis W. Chiniaeff Debbie Ubnoske Chairman Director of Planning MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION SEPTEMBER 17, 2003 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:03 P.M., on Wednesday September 17, 2003, in the City Council Chambers of the Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Chairman Chiniaeff led the audience in the Flag salute. ROLL CALL Present: Commissioners Mathewson, Olhasso, Telesio, and Chairman Chiniaeff Absent: Commissioner Guerriero PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 A,qenda RECOMMENDATION: 1.1 Approve the Agenda of September 17, 2003 2 Director's Hearinq Case Update RECOMMENDATION: 2.1 Approve the Director's Hearing Case Update for August 2003 MOTION: Commissioner Mathewson moved to approve Consent Calendar Item Nos. 1 and 2. The motion was seconded by Commissioner OIhasso and voice vote reflected unanimous approval with the exception of Commissioner Guerriero who was absent. COMMISSION BUSINESS None. PUBLIC HEARING ITEMS New Items 3 Planning Application No. PA03-0167 A Conditional Use Permit And Development Plan to expand an existing church site use by constructin,q a 1g,902 square foot classroom buildinq, a 2,301 square foot office addition, and a remodel to the existing 4,009 square foot classroom building on an 8.43-acre site located at 41875 C Street, Rick Rush, Associate Planner RECOMMENDATION: 3.1 Adopt a Notice of Exemption for Planning Application No. PA03-0167 pursuant to Section 15314 of the California Environmental Quality Act; 3.2 Adopt a resolution entitled: PC RESOLUTION NO. 2003-056 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0167 A CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN TO EXPAND AN EXISTING CHURCH SITE USE BY CONSTRUCTING A 10,902 SQUARE FOOT CLASSROOM BUILDING, A 2,301 SQUARE FOOT OFFICE ADDITION, AND A REMODEL TO THE EXISTING 4,009 SQUARE FOOT CLASSROOM BUILDING ON AN 8.43-ACRE SITE LOCATED AT 4'1875 C STREET KNOWN AS ASSESSORS PARCEL NO. 922-080-010 & 922-080-011. Associate Planner Long provided an overview of the staff report (as per agenda material), noting the following: That the planning application is a request to expand to the existing St. Catherine of Alexandria Church to provide a larger space in order to conduct the current catechism classes and to provide additional office space; · That the proposed project is located on the northwest corner of C Street and Santiago Road and within the Rancho Highlands Specific Plan; · That the General Plan designation for the site of discussion is Low Medium (LM) density; · That the site has two ddveway access points off C Street; · That only one parking space will be eliminated and that the trash enclosure will be relocated to the space adjacent to the expansion of the proposed building; That the applicant has proposed to add landscaping on all four sides of the office addition, excluding the walkways, as well as along the front slope area of the proposed classroom building, and on both sides of the existing classroom building adjacent to the parking lot; · That the proposed architecture will be consistent with the existing onsite buildings; · That the proposed project is exempt from the California Environmental Quality Act. in closing, Mr. Long advised that staff could make the findings of approval with a modification to the resolution, deleting the words self storage in Section 3G. At this time, the public hearing was opened. Available for questions, Mr. Bennett Lord of Lord Architecture representing the applicant relayed his concurrence with the proposed conditions of approval and stated that he would agree with the conditions of approval. At this time, the public hearing was closed. MOTION: Commissioner Mathewson moved to approve Item No. 3 with the deletion of the wording self storage in section 3G of the resolution. The motion was seconded by Commissioner Olhasso and voice vote reflected approval with the exception of Commissioner Guerriero who was absent. 4 Planninq Application No. PA03-0162 To operate a computer network and an Intemet ,qamin,q facility located at 27911 Jefferson Avenue, Suite 103, Dan Lonq, Associate Planner RECOMMENDATION: 4.1 Adopt a Notice of Exemption for Planning Application No. PA03-0162 pursuant to Section 15301 of the California Environmental Quality Act Guidelines; 4.2 Adopt a resolution entitled: PC RESOLUTION NO. 2003-057 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0162 A MINOR CONDITIONAL USE PERMIT TO ESTABLISH A '1,980 SQUARE FOOT COMPUTER NETWORK AND INTERNET GAMING FACILITY AT 279'1'1 JEFFERSON AVENUE, SUITE '103 KNOWN AS ASSESSORS PARCEL NO. 921-050~012 Associate Planner Long presented the overview of the staff report (of record), noting the following: 3 · That the planning application is a request for Monkey Feet Gaming to operate a computer network and lnternet gaming facility at 27911 Jefferson Avenue; That the proposed use for a network facility and Internet gaming has not been explained in the Development Code but that the Assistant City Attorney and Planning Director Ubnoske have determined that the proposed use would be similar to an arcade facility and, therefore, would be subject to those requirements; · That staff has reviewed the proposed use and has determined that the project would be consistent with the Development Code requirements; · That the Planning Commission has the discretion to apply operation conditions as deemed necessary, including but not limited to the following: o Need for adult supervision o Hours of operation o Inside and outside security measures o Noise attenuation o Bicycle facilities o Interior waiting areas · That staff has addressed the issues (listed above) in the proposed conditions of approval; That the applicant has requested to revise the hours of operation (as per memo) which would include Sunday through Thursday 10:00 A.M. to 2:00 AM and Friday through Saturday 10:00 AM-4:00 A.M. and summer hours Sunday through Thursday 9:00 A.M. to 2:00 A.M. and Friday through Saturday 9:00 A.M. to 4:00 A.M. · That staff has determined that this project will be exempt from California Environmental Quality Act (CEQA) Section 15301 of the conditions of approval: o Condition No. I - That under Plannin.q Department - within 48 hours of approval of this Project - delete entire condition. For Commissioner Telesio, Associate Planner Long noted that the conditions of approval state; if there are any incidents in the future the Director of Planning, Planning Commission, and City Staff will have the right to revoke or modify the Conditional Use Permit. For Commissioner Mathewson, Assistant City Attorney Curley noted that under the City's Code, a Conditional Use Permit may be reconsidered by the Commission. For Commissioner Olhasso, Police Deputy Pierson informed the Commission that no incidents have been reported for Monkey Feet and that the Q Club would be the pdmary enforcement focus in that area. At this time, the public hearing was opened. Ms. An Mai, applicant, informed the Commissioners that a written permission slip is requested for minors that stay after hours; that the provided membership information would give her the ability to call the parents; and that she is requesting extended hours for future flexibility. In response to the Commission, Mr. Long explained that the curfew ordinance states that minors need to have written permission by a guardian to be on the premises after curfew hours and that the curfew ordinance would apply to all City establishments. Considering this establishment will provide young adults a place to visit, Ms. Avery Hale, 31063 Corte Amalia, expressed concern with the City imposing too many regulations on an establishment that will be providing such service and relayed her opinion that the proposed establishment should not adhere to the same restrictions as an arcade. At this time, the public hearing was closed. Concurring with Commissioner Mathewson, Commissioner Telesio reiterated the need for the applicant to receive written permission slip with regard to minors. To ensure the element of this establishment does not change, Commissioner Olhasso encouraged Police patrol. Commissioner Chiniaeff expressed concern with the proposed location. MOTION: Commissioner Mathewson moved to approve Item No. 4 per staff recommendation, revising Condition of Approval No. 8, adding the revised hours of operation, and deleting Condition No. 1. The motion was seconded by Commissioner Telesio and voice vote reflected approval with the exception of Commissioners Guerriero who was absent. Planning Application No. PA02-0701 A Minor Conditional Use Permit proposal to operate a Internet arcade/cafb in a commercial center that provides entertainment for customers primarily between 15-25 years of age located at 27309 Jefferson Avenue, Suite 103, Thomas Thornsley, Associate Planner RECOMMENDATION: 5.1 Adopt a Notice of Exemption for Planning Application No. PA02-0701 pursuant to Section 15301 of the California Environmental Quality Act Guidelines; 5.2 Adopt a resolution entitled: PC RESOLUTION NO. 2003-058 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0701, A MINOR CONDITIONAL USE PERMIT TO OPERATE AN 1,800 SQUARE FOOT COMPUTER NETVVORK AND INTERNET GAMING FACILITY AT 27309 JEFFERSON AVENUE, SUITE 104 KNOWN AS ASSESSORS PARCEL NO. 909-28t-031 Associate Planner Thornsley presented the staff report (as per agenda material), noting the following: · That the proposed application is for a 1,900 square feet facility located on the west side of Jefferson Avenue; That the Police Department has surveyed this facility and would be willing to accept the applicant's hours of operation based on its knowledge of the late night activity and the fact that the Police Department has not been summoned to this facility since it opened; That staff would recommend approval of this application; that the project, as proposed and as conditioned, will comply with all applicable development standards of the Community Commercial zoning district; · That several letters of concern have been submitted but that the concerns are with the gaming aspect, thinking it pertains to gambling; · That staff would request that on Page 7 of the resolution that the date be changed from September 3, 2003 to September 17, 2003. At this time, the public hearing was opened. Mr. Kanaleo Zinsun, 27309 Jefferson Avenue, applicant's representative, explained the definition of being.a member and advised that all member information is filtered. For Commissioner Telesio, Mr. Zinsun explained that in order to participate in on-line gambling specific hosting requirements are necessary but because of existing filters such activity would notbe capable. Mr. James Chen, owner, stated that the business has been open for two years and that police action has never been required. Mr. Jim Sharp, 41750 Rider Way, customer, spoke in favor of the request and noted that the facility provides his grandson a location to interact with other children. Ms. Victoria Hoffman, 39536 April Drive, customer, spoke in favor of the request and noted that the facility has a positive family environment with supervision at all times. At this time, public headng was closed. MOTION: Commissioner Telesio moved to approve Item No. 5. The motion was seconded by Commissioner OIhasso and voice vote reflected approval with the exception of Commissioner Guerriero who was absent. COMMISSIONERS' REPORTS Senior Planner Naaseh gave a briefing on the meeting with the consultant regarding the Design Guidelines stating that the consultant will be submitting the industrial section of the Design Guidelines on October 6, 2003 for the review of staff and committee members with it being submitted to the Commission at the regular meeting of November 5, 2003. 6 PLANNING DIRECTOR'S REPORT None given. ADJOURNMENT At 7:08 P.M., Chairman Chiniaeff formally adjoumed this meeting to the next re.qular meetin,q to be held on Wednesda¥~ October 157 2003 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. Dennis W. Chiniaeff Chairman Debbie Ubnoske Director of Planning ITEM #3 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM Planning Commission Debbie Ubnoske, Director of Planning October 15, 2003 Director's Hearing Case Update Planning Director's Agenda items for September 2003 September 18, 2003 PA03-0306 A CUP and DEV Plan to construct a 9,234 Walt Allen Approved sq, ft, restaurant with entertainment and the Amhitect sale of alcoholic beverages on .35 acres. Bailey's Front Street Attachments: 1. Action Agendas - Blue Page 2 P:~PLANNING~DIRHEAR~VIEMO~2003\September 2003.memo.doc I ATTACHMENT NO. 1 ACTION AGENDAS P:WLANNING~D IRHEAR~vIEMOX2003~September 2003.memo.doc 2 ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING SEPTEMBER18,20031:30PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Don Hazen, Principal Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Principal Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Principal Planner about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Principal Planner. When you are called to speak, please come forward and state your name and address. Item No. 1: Project No: Project Name: Applicant: Location: Proposal: Environmental Action: Case Planner: ACTION: PA03-0306 Baily's Front Street Walt Allen Architect Located on the west side of Old Town Front Street and north of First Street. A Conditional Use Permit and Development Plan to construct a 9,234 square foot restaurant with entertainment and the sale of alcoholic beverages on .35 acres. This project is exempt from CEQA review due to Class 32 Categorical Exemption 15332 (In - Fill Development Projects) Rick Rush, Associate Planner APPROVED P:~PLANNING'd)IRHEAR~Ageadas~2003\09-18-03 ACTION AGENDA.doc ITEM #4 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION November 5, 2003 Planning Application No. PA03-0166 (Conditional Use PermitJDevelopment Plan Appeal) Prepared By: Dan Long, Associate Planner RECOMMENDATION: The Planning Director recommends the Planning Commission: Adopt a Notice of Exemption for Planning Application No. PA03-0166 (Conditional Use Permit/Development Plan) pursuant to Section 15332 of the California Environmental Quality Act Guidelines. Adopt a resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA03-0166 UPHOLDING THE DIRECTOR OF PLANNING'S DECISION TO APPROVE A CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN FOR A 6,256 SQUARE FOOT SELF-SERVE CAR WASH FACILITY, INCLUDING SlX WASH BAYS AND EIGHT DRY BAYS, LOCATED ON THE SOUTH SIDE OF VIA RIO TEMECULA, APPROXIMATELY 160 FEET WEST OF REDHAWK PARKWAY, KNOWN AS APN: 961-080-023. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: APPELLANT: PROPOSAL: LOCATION: EXISTING ZONING: Blake Scripps Larry Markham, MDMG Don Macek An Appeal of the Director of Planning's Decision to approve Planning Application No. PA03-0166, a Conditional Use Permit and Development Plan for a 6,256 square foot, self- serve car wash facility, including six wash bays and eight dry bays. On the south side of Via Rio Temecula, approximately 160 feet west of Redhawk Parkway. Community Commercial (CC) R:\C U P~O03\O3-0166, Via Rio Ternecula Car Wash\PC Appeal Repod.doc SURROUNDING LAND USES: North: Community Commercial (CC) South: Open Space (OS) East: Commercial (Rivemide County Jurisdiction) West: Open Space (OS) GENERAL PLAN DESIGNATION: Community Commercial (CC) EXISTING LAND USE: Vacant SURROUNDING LAND USE: North: Shopping Center South: Temecula Creek East: Day Care West: Temecula Creek/Via Rio Temecula BACKGROUND The Conditional Use Permit and Development Plan application was submitted to the Planning Department on March 24, 2003. A Development Review Committee Meeting was held on Apd117, 2003. The project was approved at a Director's Hearing Meeting on August 21,2003. Don Macek, a neighboring businessman attended the Director's Hearing and spoke in opposition to the proposed project. On September 4, 2003, Mr. Macek filed a formal appeal of the Planning Director's decision, (See Attachment 2) citing concerns with the project including the isolated location and concerns for safety, potential for crime, financial constraints to provide a regular monitor, and land use incompatibility. PROJECT DESCRIPTION The proposed project is a request by Blake Scripps to design, construct, and operate a self-service car wash facility located on the south side of Via Rio Temecula, approximately 160 feet west of Redhawk Parkway. There is approximately 800-900 feet separating the project site from the residential zone to the south and an elevation change of appreximately 40 feet. In addition, there is a neighborhood park with baseball facilities and Temecula Creek between the project site and the residential district to the south. To the west of the project site is the Creek and Via Rio Temecula; to the north is the rear of an existing shopping center and to the east is a day care facility. Further to the east on the opposite side of the day care facility are an existing tire store and a car wash facility similar to the proposed project, which is currently under construction. The proposed project includes two freestanding buildings, including six (6) wash bays and eight (8) dry bays totaling approximately 6,256 square feet. The buildings will be set back from Via Rio Temecula approximately 30 feet. The buildings include split-faced block, stucco, ceramic accent tiles, and a concrete "S" tile roof. The frontage of the site includes a landscaped berm with Australian Willow and London Plane trees ranging in size from 36-inch box to fifteen gallon and various five-gallon shrubs. The rear of the project site includes a planter seven-feet in depth with seventeen (17) 36-inch box Bottle trees and sixty-eight (68) 15-gallon Purple Hopseed shrubs. The large species are required for screening of the bays from the residential view. In addition, staff required the applicant to submit cross sections and photos from the view of the residences to the south in order to determine visibility from the adjacent residences. R:\C U P',2003\03-0166, Via Rio Temecula Car Wash~PC Appeal Report.doc 2 PROJECT ANALYSIS Development Plan and Conditional Use Permit Staff reviewed the project for conformance with the Development Code and Section 17.10.020.G (Car Washes). Car washes are required to comply with the following criteria: 1. Such businesses shall be located at least 200 feet from any residential district. The nearest residential distdct is located approximately 800-900 feet to the south. 2. Wash bays and vacuum areas shall be screened from public view. The applicant has provided mature landscaping (36-inch box trees and 15 gallon shrubs) around the facility to ensure the wash and dry bays are screened from the public and residential view. Regular monitoring of the facility by an attendant shall be provided during business hours to control noise, litter and other nuisances. A Condition of Approval is in place requiring the owner to ensure that regular monitoring of the facility will be provided during business hours to control noise, litter and other nuisances. Hours of operation shall be limited to seven a.m. to ten p.m., unless otherwise specifically established as a condition of approval. Automatic shut-off of water and electrical systems, except for security and fire protection, shall be provided during non-business hours. The Conditions of Approval restrict the hours of operation from 7:00 am to 9:00 pm, which is more stringent than the code allows, but is what the applicant requested. (7:00 am- 10:00 pm). Staff reviewed the proposed project in accordance with the Development Code and the above section and determined that the project is consistent with the required standards. APPEAL In filing his appeal request, Mr. Macek has requested the Planning Commission overturn the Planning Director's decision and deny the Conditional Use Permit and Development Plan. A copy of the Appeal application is included as an attachment. The letter of appeal makes the following points for overturning the Planning Director's Decision: '"The approval of a self-serve car-wash at this location will undoubtedly become a public menace and have a negative impact on the surrounding community. The subject's project location is isolated and lacks clear visibility of street traffic. These car wash projects that lack clear visibility of street traffic will develop into a hotbed for criminal activity.., by approving a car wash in this location, a scenario of criminal and unsavory activity will arise in this area". Staff concurs with the appellant that the bays are isolated from public view. However the project site is zoned Community Commercial (CC) and allows for car wash facilities if screening/s provided. The Police Department reviewed the proposed project and provided Conditions of Approval to satisfy their needs. R:\C U P~003\03-0166, Via Rio Temecula Car Wash\PC Appeal Report.doc 3 The appficant has reduced the amount of walls throughout the project site, which will reduce the chance of graffiti. City staff has discussed this project with the Police Department and the Police Department has indicated that there is a patrol vehicle assigned to the Vail Ranch and lower Highway 79 vicinity that patrols this area. ff problems were to occur in this area, the Police Department would assign extra patrol of the facility. When extra patrol is implemented, the officers receive a briefing of the problems and are required to patrol and monitor the site. A full time attendant is financially impossible for this type of facility (especially at this location) and the City and the owner cannot ensure this will occur. As a Condition of Approval, the owner is responsible for regular monitoring of the facility during business hours to control noise, litter and other nuisances such as loitering. Section 17.04.010E. 3 provides the City the right to "review and revoke or modify any conditional use permit approved or conditionally approved hereunder for any violations of the conditions imposed on such conditional use permit or for the maintenance of any nuisance conditioning or other code violation thereon': If the City determines that the proposed project becomes a nuisance or is in violation of the conditions, the City has the fight to revoke this conditional use permit. The use is not compatible with the surrounding uses, primarily the playground of the day care center located immediately to the east of the project site. The compatibility of land uses was an issue that staff and the applicant considered when designing this project. Initially, the project included an automated car wash immediately adjacent to the day care. The applicant decided to eliminate this feature and relocate the vacuum and dry bays away from the day care since these activities have the greatest potential to create noise. The facility was then broken into two separate buildings with a drive aisle between them to facilitate on-site circulation, which also separates the dry bays further away from the day care center. By relocating the vacuum and dry bays away from the day care, the project effectively buffers itself. In addition, separating the day care and car wash facility is an existing wrought iron fence approximately 6 feet in height and a proposed landscaped planter ranging from eight feet to twenty feet in depth. The proposed planter includes numerous 5-gallon Purple Hopseed Bush shrubs, Australian Willows and Bottle trees and various other 5-gallon shrubs (Fortnight Iris, Photinia, and Indian Hawthorn) further screening and buffering the car wash facility from the day care. The Development Code does not preclude car wash facilities in locations where other existing car wash facilities exist. In order for the Planning Director to approve the Conditional Use Permit and Development Plan, the findings of approval must be made. Staff maintains that the Director appropriately made the findings for approval required for this proposed project. ENVIRONMENTAL DETERMINATION The project qualifies under CEQA for a Categorical Exemption under Section 15332 In-Fill Development Projects, Class 32. The project is consistent with the general plan designation and the Community Commercial zoning district. The site is less than five acres and is substantially surrounded by urban uses. The project site has no value for endangered, rare or threatened species. The approval of this project will not result in any significant effects to traffic, noise, air quality, or water. The site is currently served by all required utilities and public services. R:\C U P~2.003\03-0166, Via Rio Temecula Car Wash~PC Appeal ReporLdoc 4 RECOMMENDATION In considering the appeal, staff recommends the Planning Commission take the following action: Uphold the Director of Planning decision to approve the project and deny the appeal of Planning Application No. PA03-0166. The resolution to deny the appeal is contained in Attachment No. 1. FINDINGS Conditional Use Permit (17.04.010) The proposal, a self-service car wash facility, 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 and the City's Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). The proposed conditional use is compatible with the nature, condition ad development of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the project site is surrounded by commemial uses and the proposed project includes a use that generates minimal vehicular trips and is not considered an intense use. In addition, the project site has been planned to include additional large trees and shrubs to screen to the project site from the distant residences and public view. The buildings are designed to blend with the surrounding development and therefore will not adversely affect the adjacent uses, buildings or structures. The site of this proposed conditional use is a self-service car wash facility. The site is adequate in size and shape to accommodate the proposed car wash facility without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code in order to integrate the use with other uses on the site and in the neighborhood. The proposed Conditional Use Permit includes a self-service car wash facility. The nature of this use is not detrimental to the health, safety and general welfare of the community because the proposed project is providing a service that is need in the surrounding community and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the community. The decision to conditionally 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. The application has been brought before the Planning Commission at a Public Hearing where members of the community have had an opportunity to be heard on this matter before the Planning Commission renders a final decision. R:\C U P~2003~03-0166, Via Rio Temecula Car Wash'~PC Appeal Report.doc 5 Development Plan (17.05.010) The proposed use is in conformance with the General Plan for the City of Temecula and with all applicable requirements of state law ands other ordinances of the City of Temecula because the project has been reviewed and it has been determined that the project is consistent with all applicable zoning ordinances, state law and the General Plan. The overall development of the land is designed for the protection of the public health, safety, and general welfare, because the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the project has been reviewed and conditioned to comply with the uniform building and fire codes. Attachments 1. PC Resolution No. 2003-__ To Deny the Appeal of PA03-0166 - Blue Page 7 Exhibit A - Conditions of Approval for Conditional Use Permit - Blue Page 12 Exhibit B - Conditions of Approval for Development Plan - Blue Page 17 2. Exhibits - Blue Page 33 A. Vicinity Map B. Zoning Map\ C. General Plan D. Site Plan E. Grading Plan F. Elevations G. Landscape Plan 3. Letter of Appeal of the Planning Director's Decision -Blue Page 29 4. Staff Report to the Planning Director dated August 21,2003 - Blue Page 30 5. Excerpt Minutes of the Director of Planning hearing of May 21,2003 - Blue Page 31 6. Letters received -Blue Page 32 R:\C U P~.003~03-0166, Via Rio Temecuta Car Wash\PC Appeal Report.doc 6 ATI'ACHMENT NO. 1 PLANNING COMMISSION RESOLUTION NO. 2003- R:\C U P~003~)3~)166, Via Rio Temecula Car Wash~PC Appeal Repod.doc 7 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING THE APPEAL OF PLANNING APPLICATION NO. PA03-0166, UPHOLDING THE DIRECTOR OF PLANNING'S DECISION TO APPROVE A CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN FOR A 6,256 SQUARE FOOT SELF-SERVE CAR WASH FACILITY, INCLUDING SIX WASH BAYS AND EIGHT DRY BAYS, LOCATED ON THE SOUTH SIDE OF VIA RIO TEMECULA, APPROXIMATELY 160 FEET WEST OF REDHAWK PARKWAY, KNOWN AS APN: 961-080-023. WHEREAS, Blake Scripps, initiated Planning Application No. PA03-0166 (Conditional Use Permit), in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA03-0166 (Conditional Use Permit/Development Plan) was processed including, but not limited to public notice, in the timely manner prescribed by State and local law; WHEREAS, notice of the proposed Conditional Use Permit/Development Plan was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Director of Planning considered Planning Application No. PA03-0166 (Conditional Use Permit/De~;elopment Plan) on August 21,2003, 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 Director's hearing and after due consideration of the testimony, the Director approved PA03-0166 (Conditional Use Permit/Development Plan); WHEREAS, an Appeal was filed on September 4, 2003 requesting that Planning Application No. PA03-0166 (Conditional Use Permit/Development Plan - Appeal) be brought before the Planning Commission for their consideration; WHEREAS, the Planning Commission received a copy of the Director's Hearing proceedings and Staff Reports regarding Planning Application No. PA03-0166 (Conditional Use Permit/Development Plan - Appeal); and, WHEREAS, the Planning Commission conducted a public hearing pertaining to Planning Application No. PA03-0166 (Conditional Use Permit/Development Plan - Appeal) on November 5, 2003, at which time interested persons had an opportunity to, and did testify either in support or opposition to Planning Application No. PA03-0166; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission voted to deny the appeal of Planning Application No. PA03-0166 (Conditional Use Permit/Development Plan) upholding the Director of Planning's approval as conditioned; R:\C U P',2.003~3-0166, Via Rio Temecula Car Wash\PC Appeal Report.doc 8 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. The Planning Commission, in approving Planning Application No. PA03-0166 herby makes the following findings as required by Section 17.04.010.E of the City of Temecula Municipal Code and denies the appeal: FINDINGS - CONDITIONAL USE PERMIT A. The proposed conditional use is consistent with the General Plan and the Development Code; The Planning Commission has reviewed the proposed project and finds that the site is properly planned and zoned and found to be physically suitable for the type of the proposed use. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures; The project site is surrounded by commercial uses and the proposed project includes a use that generates minimal vehicular trips and is not considered an intense use. In addition, the project site has been planned to include additional large trees and shrubs to screen to the project site from the distant residences and public view. The buildings are designed to blend with the surrounding development and therefore will not adversely affect the adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in this development code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood; The site is adequate in size and shape to accommodate the proposed car wash facility without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code in order to integrate the use with other uses on the site and in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The nature if this use is not detrimental to the health, safety and general welfare of the community because the proposed project is providing a service that is need in the surrounding community and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the community. E. The decision to conditionally 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; R~C U P~OO3V33-0166, Via Rio Temec~la Car Wash~PC Appeal Report.doc 9 This application has been brought before the Planning Commission at a Public Hearing where members of the community have had an opportunity to be heard on this matter before the Planning Commission renders a final decision. Section 3. Findinqs. The Planning Commission, in approving Planning Application No. PA03-0166 herby makes the following findings as required by Section 17.05.020.F of the City of Temecula Municipal Code: FINDINGS - DEVELOPMENT PLAN F. The proposed use is in conformance with the Genera Plan for Temecula and with all the applicable requirements of state law and other ordinances of the city; The project has been reviewed and it has been determined that the project is consistent with all applicable zoning ordinances, state law and the General Plan. G. The overall development of the land is designed for the protection of the public, health, safety and general welfare. The project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the project has been reviewed and conditioned to comply with the uniform building and fire codes. Section 4. Environmental Compliance. A Notice of Exemption for Planning Application No. PA03-0166 was made per the California Environmental Quality Act Guidelines Section 15332 (In-Fill Development Projects, Class 32). This project is an in-fill development and it meets the following criteria: · The site is 1.17 acres, which is less than the 5 acres required. · The proposed development is consistent with the existing development in the area. · The site has no value as a habitat for endangered, rare, or threatened species. · The site will be adequately served by public utilities and services. Section 5. Conditions. That the City of Temecula Planning Commission, in denying the Appeal, hereby approves Planning Application No. PA03-0166 for a 6,256 square foot self-serve car wash facility, including six wash bays and eight dry bays, located on the south side of Via Rio Temecula, approximately 160 feet west of Redhawk Parkway. The Conditions of Approval are contained in Exhibit A and Exhibit B. R:\C U P~2003~03-0166, Via Rio Temecula Car Wash'~PC Appeal Report.doc 10 Section 6. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5~ day of November 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary {SEAL} STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2003- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of November 2003, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\C U P~2003\03-0166, Via Rio Ternecula Car Wash~PC Appeal Report.doc 11 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT R:~C U P',,2003',03-0166, Via Rio Temecula Car Wash~PC Appeal Report.doc 12 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA03-0166 (Conditional Use Permit) Project Description: A Conditional Use Permit for a 6,256 square foot self- service car wash facility, including six wash bays and eight dry bays, located on the south side of Via Rio 'remecula, approximately 160 feet west of Redhawk Parkway. Development Impact Fee: Service Commercial Approval Date: November 5, 2003 Expiration Date: November 5, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department 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 The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and ail action the City deems to be in the best interest of the City and its citizens in regards to such defense. R:\C U P~2003~03-0166, Via Rio Temecula Car Wash~PC Appeal Report.doc 13 8. 9. 10. 11. 12. 13. 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 Director of Planning may, upon an application being filed within thirty days prior to expiration and for good cause, grant a time extension of up to three, one-year extensions of time, one year at a time. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. The applicant shall comply with their Statement of Operations dated Mamh 24, 2003, (attached) on file with the Planning Department, unless supemeded by these conditions of approval. Note hours of operation shall coincide with Condition of Approval No. 9. 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. Hours of operation for the car wash shall be limited to between 7:00 A.M. to 9:00 P.M. Automatic shut-off of water and electrical systems, except for security and fire protection, shall be provided during non-business hours. The applicant shall submit verification that all vacuums meet the maximum noise attainable levels outlined in the City's Noise Element in the General Plan (Max. 70 db CNEL). If at any time during excavation/construction of the site, amhaeologicaVcultural resoumes, or any artifacts or other objects which reasonably appears to be evidence of cultural or amhaeological resoume are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the determination is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning. Regular monitoring of the facility by an attendant shall be provided during business hours to control noise, litter, and other nuisances. R:\C U P~2003~03-0166, Via Rio Temecuta Car Wash\PC Appeal Report,doc POLICE DEPARTMENT 14. All exterior lighting surrounding the car wash should be energy-saving and minimized after closing hours of business to comply with the State of California Lighting Ordinance. Furthermore, all exterior lighting must comply with Mt. Palomar Lighting Requirements. Additionally, during the hours of darkness, lighting from this facility should not interfere with the current Child Care facility to the East and the residential tract located across Temecula Creek Channel. 15. All exterior doors should have their own vandal resistant fixtures installed above. The doors shall be illuminated with a minimum one (1) foot candle of light at ground level, evenly dispemed. 16. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 17. Any graffiti painted or marked upon the buildings shall be removed or painted over within twenty-four (24) hours of being discovered: Notify the Temecula Police Department immediately so a report can be taken. 18. Upon completion of construction, the interior of this facility shall have a monitored alarm system installed and monitored 24-hours a day by a designated private alarm company, to notify the police department immediately of any intrusion. All multi-tenant office/warehouse located within the building should have their own alarm system. 19. All roof hatches shall be painted "International Orange." 20. Any public telephones located on the exterior of this facility should be placed in a well- lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of this facility. BUILDING DEPARTMENT 21. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 22. 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 streetlights 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. 23. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 24. Restreom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. R:\C U P',2003't03-0166, Via Rio Temecula Car Wash\PC Appeal Report.doc 15 25. Signage shall be posted conspicuously at the entrance to the project that indicates the houm of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays COMMUNITY SERVlCES DEPARTMENT Prior to issuance of building permits 26. If additional arterial streetlights are to be installed as a result of this project, prior to issuance of building permit or the installation of street lighting on Via Rio Temecula, which ever occurs first, the developer shall complete the TCSD application process, submit the approved Edison streetlight improvement plans and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program. OUTSIDE AGENCIES 27. The applicant shall comply with the attached letter dated March 31,2003 from the Riverside County Department of Environmental Health. 28. The applicant shall comply with the attached letter dated April 1, 2003 from the Rancho California Water District. 29. The applicant shall comply with the attached letter dated March 28, 2003 from the Eastem Municipal Water District. 30. The applicant shall comply with the attached letter dated July 30, 2003 from the Riverside County Flood Control and Water Conservation District By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Name R:~C U P',2003~03-0166, Via Rio Temecula Car Wash~.°C Appeal Report.doc 16 COUNTY OF RIVERSIDE · HEALTH SERVICES AGENCY D AI NT OF ENVIRONMENTAL HEALTH March 31, 2{~03 City of Tem~cula Planning Department P.O. Box 9033 Te~necula, C~X 92589-9033 Attention: D~n Long RE: Plot rlan No. PA03-(}166 Dear Mr. Lo/~g: DerJartmetit,_F of E,nfiron,m,.ental Health has reviewed the Plot Plan No. PA03- PA03-0166, to construct 1. The and operate a setf-servu carwash and we have no objections. Sanitary sewer and water services are available in this ar!a. 2. PRIOR ~1'O ANY BUILDING PLAN CHECK APPROVAL for Environmental Health clearance, the followin& items are required: a) b) "Wil~-serve' letters from the appropriate water and sewedng agencies. A cl{arance letter from the Hazardous Services Materials Management Branch (909) 358-5055 will be requ?d indicating that the project has been cleared for: · 0nderground storage tanks, Ordinance #617.4- ~azardous Waste Generator Services, Ordinance #615.3. · I~azardous Waste Disclosure (in accordance with Ordinance #651.2. '~¢aste Reduction Management Sincerely, (909) 955-85 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. cc: Dou Thompson, Hazardous Materials 406~ County Circle Drive * Riverside, CA 92503 o Phone (909) 358-5316 o FAX {909) 358-5017 I (Mailin9 Address - P.O. Box 7600 ~, Riverside. CA 92513-7600) · ._? April I, 2003 Cenera[ Counsel Dan Long, Case Plam~er City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 3 26~3 SUBJECT: WATER AVAILABILITY PARCEL NO. 2 OF PARCEL MAP NO. 27987 APN 961-080-023 PLANNING APPLICATION NO. PA03-0166 Dear Mr. Long: 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 that assigns water management rights, if any, to RCWD. The proposed project is a car wash facility, and as such, is a significant water user. RCWD requests that the City of Temecula condition the developer to install a recycled water system'~at this facility to minimize water usage. In addition to this requirement, the environmental assessment should also address the potential for ground water pollution and the appropriate mediation methods should address this issue. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 03~S B:at085~F012-T6~FCF c: Laurie Williams, Engineering Services Supervisor Bud Jones, Senior Engineering Technician Board of Director~ President Richard R. Hall Iqce President Randy A. Record Rodgcr D. Stems David J. Slaw$on Ronald W. Sullivan Board Secretary Mary C. White Anthony I. Pack Director of the Metropolitan Water District of So. Calif. Randy A. Record o$¢ph $. Kueblcr, CPA Legal Counsel Redwine and Sherrill Mailing Address: SINCE 195 March 28, 2003 City of Temecula Planning Department PO BOX 9033 Temecula, CA 92589-9033 Dear Colleague: Re: SAN53-Sewer Will Serve PM 27987, Parcel 2, APN 961-080-023, Vail Ranch Car Wash, located south of Highway 79 South, on the south side of Via Rio Temecula and east of Country Glen EMWD is willing to provide sewer service to the subject project. The provisions of service are contingent upon the developer completing the necessary arrangements in accordance with EMWD rules and regulations. EMWD expects the developer to provide proper notification when a water demand assessment is required pursuant to Senate Bill 221 and/or 610. EMWD expects the developer to coordinate with the approving agency for the proper notification. Further arrangements for service from EMWD may also include plan check, facility construction inspection, jurisdictional annexation, and payment of financial participation charges. The developer is advised to contact EMWD's New Business Development Department early in the entitlement process to determine the necessary arrangements for service. EMWD's ability to serve is subject to limiting conditions, such as water shortages, regulatory requirements, legal issues, or conditions beyond EMWD's control. Thank you for your cooperation in serving our mutual customers. If you have any questions, please call me at (909) 928-3777, ext. 4468. Corey F. Wallace, P.E. Civil Engineer New Business Development Dept. CFW/jw Cc: Trans-Pacific Consultants - Joe Reyes G:~ACC ES S~lew_B usi~DAD~Archives\Yea r 2003~PM27987.doc Post Office Box 8300 Perris, CA 92572-8300 Telephone: (909) 928-3777 ~ax: (909) 928-6177 Location: '. 2270Trumble.l~.oad Perris, CA 92570 [ntcmet: www.erawd.or:~ WARREN D. WILLIAi }eneral Manager-Chief En dS ineer RIVERSIDE, CA 92501 909.955.1200 909.788.9965 FAX 83516.1 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of Teme~ula Planning Del~artment Post Office I~ox 9033 Temecula, C?ifornia 92589-9033 Attention: Din Long Ladies and qenflemen: The District letters/flood cases with i regional fido master plan reviewed the District appn or any other PA03-0166 ~ located on th The entire si 06074200101 July 30, 2003 Re: PA03-0166 Joes not usually review land divisions/land use cases or provide State Division of Real Estate mzard reports for projects that are located within incorporated Cities, Exceptions are made for ems of specific interest to the District including Distdct Master Drainage Plan facilities, other control and drainage facilities which could be considered a logical component or extension of a ystem, and D strict Area Drainage Plan fees (development mitigation fees). The Distdct has not proposed project in detail and the following comments do not in any way constitute or imply val or endorsement of the proposed project with respect to flood hazard, public health and safety uch issues. ; a proposal to design, construct and operate a self-serve car wash facility on a 1.17 acre site south side of Via Rio Temecula, approximately 500 feet west of Redhawk Parkway. e is located within shaded Zone X boundary for Temecula Creek as delineated on Panel No. I of the Flood Insurance Rate Maps issued in conjunction with the National Flood Insurance Program, ad~inistered by the Federal Emergency Management Agency (FEMA). The project Joes not have any impact on District Master Plan facilities or any other proposed facilities of regional intel 9st. The following information of a general nature is provided herewith for your use: · This proj ~ct may need to obtain an applicable National Pollutant Discharge Elimination System (NPDES) permit c< ~verage from the State Water Resources Control Board or the California Regional Water Quality Control 3ard (RWQCB) - San Diego Region. Clearance for grading, recordation, or other final approval shoUldbe exemn Itt.be given until the City has determined that the project has been granted a permit or is shown to · If the m~ pped flood plain is impacted by the project, the City should require the applicant to obtain a Section 11601/1603 Agreement from the California Department of Fish and Game and a Clean Water Act Section q,04 Permit from the U S Army Corps of Engineers, or written correspondence from these agencieslind cat ng the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Clertification may be required from the RWQCB - San Diego Region prior to issuance of the Corps 404 per,it. Should you i have any questions regarding this matter, please feel free to contact Teresa Tung at 909.955.4050. TT:slj Very truly yours, STEPHEN C. THOMAS Senior Civil Engineer EXHIBIT B CONDITIONS OF APPROVAL DEVELOPMENT PLAN R:\C U P'~003~03-0166, Via Rio Temecula Car Wash~PC Appeal Repod[.doc 17 EXHIBIT B CITY OFTEMECULA CONDITIONS OFAPPROVAL Planning Application No. PA03-0166 (Development Plan) Project Description: A Development Plan for a 6,256 square foot self-service car wash facility, including six wash bays and eight dry bays, located on the south side of Via Rio Temecula, approximately 160 feet west of Redhawk Parkway. Development Impact Fee: Service Commercial Approval Date: November 5, 2003 Expiration Date: November 5, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County' Clerk in the amount of Seventy-Eight Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department 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 The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 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 R:\C U P~2003't03-0166, Via Rio Temecula Car Wash'~PC Appeal Report,doc 18 pursued to completion, or the beginning of substantial utilization contemplated by this approval. The Director of Planning may, upon an application being filed within thirty days prior to expiration and for good cause, grant a time extension of up to three, one-year extensions of time, one year at a time. The development of the premises shall substantially conform to the approved site plan, contained on file with the Planning Department. Landscaping shall substantially conform to the approved (Conceptual Landscape Plan) contained on file with the Planning Department. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 8. This development Plan may be revoked pursuant to Section 17.05.010 of the City's Development Code. 9. Automatic shut-off of water and electrical systems, except for security and fire protection, shall be provided during non-business hours. 10. If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the determination is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning. 11. The applicant shall paint a 3-foot x 3-foot section of the building for Planning Department inspection, prior to commencing painting of the building. Prior to the Issuance of Building Permits 12. A separate building permit shall be required for all signage. 13. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. R:\C U P~2003~03-0166, Via Rio Temecul& Car Wash~PC Appeal Report.doc 19 14. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 15. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. 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 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 approved plan). e. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. Prior to Building Occupancy 16. The property owner shall fully install all required landscaping and irrigation, and submit a landscape maintenance bond in a form and amount approved by the Planning Department for a period of one-year from the date of the first occupancy permit. 17. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. POLICE DEPARTMENT 18. All berms shall be limited to a maximum 3' in height. 19. All exterior lighting surrounding the car wash should be energy-saving and minimized after closing hours of business to comply with the State of California Lighting Ordinance. Furthermore, all exterior lighting must comply with Mt. Palomar Lighting Requirements. Additionally, during the hours of darkness, lighting from this facility should not interfere with the current Child Care facility to the East and the residential tract located across Temecula Creek Channel. 20. All exterior doors should have their own vandal resistant fixtures installed above. The doors shall be illuminated with a minimum one (1) foot candle of light at ground level, evenly dispersed. 21. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 22. Any graffiti painted or marked upon the buildings shall be removed or painted over within twenty-four (24) hours of being discovered. Notify the Temecula Police Department immediately so a report can be taken. R;\C U P~2003~03-0166, Via Rio Temecula Car Wash~C Appeal Report.doc 20 23. Upon completion of construction, the interior of this facility shall have a monitored alarm system installed and monitored 24-hours a day by a designated private alarm company, to notify the police department immediately of any intrusion. All multi-tenant office/warehouse located within the building should have their own alarm system. 24. All roof hatches shall be painted "International Orange." 25. Any public telephones located on the exterior of this facility should be placed in a well- lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of this facility. PUBLIC WORKS DEPARTMENT 26. Unless otherwise noted, the Developer at no cost to any Government Agency shall complete all conditions. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 27. 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. 28. 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. 29. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 30. The Developer shall construct public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Street improvements, which may include, but not limited to: drive approach, b. Storm drain facilities c. Sewer and domestic water systems Prior to Issuance of a Gradin,q Permit 31. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 32. 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. R:\C U P~2003~03-0166, Via Rio Temecula Car Wash~PC Appeal Report.doc 21 33. 34. 35. 36. 37. 38. 39. 40. 41. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. The Developer shall provide any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements. 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. 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 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. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 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, pdor 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. R:\C U P~003~03-0166, Via Rio Ternecula Car Wash'~PC Appeal ReporLdoc 22 Prior to Issuance of a Building Permit '42. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Concrete ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400, 401and 402. d. All street and driveway centerline intersections shall be at 90 degrees. e. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 43. All access rights, easements for sidewalks for public uses shall be submitted and reviewed by the Director of the Department of Public Works and City Attorney and approved by City Council for dedication to the City where sidewalks meander through private property. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 45. The Developer shall obtain an easement for ingress and egress over the adjacent property. 46. 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. 47. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of a Certificate of Occupancy 48. 49. 50. 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 All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. R:~C U P~003~03~0166, Via Rio Temecula Car Wash\PC Appeal Report.doc 23 BUILDING DEPARTMENT 51. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 52. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31,2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 53. 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 streetlights 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 right-of-way. 54. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 55. Obtain all building plans and permit approvals prior to commencement of any construction work. 56. Obtain street addressing for all proposed buildings prior to submittal for plan review. 57. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 58. Provide disabled access from the public way to the main entrance of the building. 59. Provide van accessible parking located as close as possible to the main entry. 60. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 61. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 62. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 63. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 64. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 65. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. R:\C U P~2003',D3-0166, Via Rio Temecula Car Wash\PC Appeal Report.doc 24 66. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 67. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 68. Show all building setbacks. 69. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-25, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays COMMUNITY SERVICES DEPARTMENT 70. 71. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 72. All parkways, landscaping, fencing and on site lighting shall be maintained by the property owner or maintenance association. Prior to issuance of buildinq permits 73. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 74. If additional arterial streetlights are to be installed as a result of this project, pdor to issuance of building permit or the installation of street lighting on Via Rio Temecula, which ever occurs first, the developer shall complete the TCSD application process, submit the approved Edison streetlight improvement plans and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program. FIRE DEPARTMENT 75. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. 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. 76. The Fire Prevention Bureau is required to set a minimum fire flow for 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 700 GPM for a total fire flow of 2200 GPM with a 2-hour duration. The required fire flow may be adjusted R:\C U P~003\03-O166, Via Rio Temecula Car Wash~PC Appeal Report.doc 25 77. 78. 79. 80. 81. 82. 83. 84. 85. during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. A minimum of I hydrant, in a combination of on-site and off- site (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, at each intemection 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) If construction is phased, each phase shall provide approved access and fire protection pdor to any building construction. (CFC 8704.2 and 902.2.2) Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) 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. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1). Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, and spacing and minimum fire flow standards. After the local water company signs the plans, 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 ) 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) Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum R:\C U P',2003~03-0166, Via Rio Temecula Car Wash~PC Appeal Report.doc 26 of six (6) inches in size. All suites shall have a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 86. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 87. 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) 88. 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. (CFC 902.4) 89. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) 90. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 91. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau. (CFC 7901.3 and 8001.3) Special Conditions 92. Pdor to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 93. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 94. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) R:\C U P~003\03-0166, Via Rio Temecula Car Wash~PC Appeal Report.doc 27 OUTSIDE AGENCIES 95. The applicant shall comply with the attached letter dated March 31,2003 from the Riverside County Department of Environmental Health. 96. The applicant shall comply with the attached letter dated April 1, 2003 from the Rancho California Water District. 97. The applicant shall comply with the attached letter dated March 28, 2003 from the Eastern Municipal Water District. 98. The applicant shall comply with the attached letter dated July 30, 2003 from the Riverside County Flood Control and Water Conservation District. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Name R;\C U P~003~3-0166, Via Rio Temecula Car Wash~PC Appeal Report.doc 28 COUNTY OF RIVERSIDE · HEALTH SERVICES AGENCY ' DEPARTMENT OF ENVIRONMENTAL HEALTH March 31, 2003 City of Temecula Planning DeparUnent P.O. Box 9033 Temecula, CA 92589-9033 Attention: Dan Long RE: Plot Plan No. PA03-0166 Dear Mr. Long: The Department of Environmental Health has reviewed the Plot Plan No. PA03- PA034)166, to construct and operate a self-serve carwash and we have no objections. Sanitary sewer and water services are available in this area. 2. PRIOR TO ANY BUILDING PLAN CHECK APPROVAL for Environmental Health clearance, the following items are required: a) "Will-serve" letters from the appropriate water and sewering agencies. b) A clearance letter from the Hazardous Services Materials Management Branch (909) 358-5055 will be required indicating that the project has been cleared for: · Underground storage tanks, Ordinance #617.4. · Hazardous Waste Generator Services, Ordinance #615.3. · Hazardous Waste Disclosure (in accordance with Ordinance g651.2. · Waste Reduction Management Sincerely, ~ ~nvironmental Health Specialist (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. cc: Doug Thompson, Hazardous Materials 4065 County Circle Drive., Riverside, CA 92503 · Phone (909) 358-5316 o FAX (909) 358-5017 ; , _..:,, · (Mailing Addi'ess- P:O..Box,7600 · El vers de CA 513-7600) ....... ............. April 1, 2003 Dan Long, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 2003 SUBJECT: WATER AVAILABILITY PARCEL NO. 2 OF PARCEL MAP NO. 27987 APN 961-080-023 PLANNING APPLICATION NO. PA03-0166 Dear Mr. Long: 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 that assigns water management rights, if any, to RCWD. The proposed project is a car wash facility, and as such, is a significant water user. RCWD requests that the City of Temecula condition the developer to install a recycled water system at this facility to minimize water usage. In addition to this requirement, the environmental assessment should also address the potential for ground water pollution and the appropriate mediation methods should address this issue. If you should have any questions, please contact an Engineering Services Representative at tiffs office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 03~SB:atO85~F012-T6~FCF Laurie Williams, Engineering Services Supervisor Bud !ones, Senior Engineering Technician ...... 5 "..::,, -',:: ' 354215O~inehester,Road · ~ost, Offiee Box 901? · Temecifla;,Caii£~-niaO25~9.901:7! o (909)296-6900.~?AX(909)296-6860 i' i [95 Board of Directors President Richard R. Hall W~ce President Randy A. Record Rodger D. Siems David J. Slawson Ronald W. Sullivan Board Secretary Ma~ C. White General Manager Anthony J. Pack Director of the Metropolitan Water District of So. Calif. Randy A. Record Joseph J. Kuebler, CPA Legal Counsel Redwine and Shetrill March 28, 2003 City of Temecula Planning Department PO BOX 9033 Temecula, CA 92589-9033 Dear Colleague: Re: SAN53-Sewer Will Serve PM 27987, Parcel 2, APN 961~080-023, Vail Ranch CarWash, located south of Highway 79 South, on the south side of Via Rio Temecula and east of Country Glen EMWD is willing to provide sewer service to the subject project. The provisions of service are contingent upon the developer completing the necessary arrangements in accordance with EMWD rules and regulations. EMWD expects the developer to provide proper notification when a water demand assessment is required pursuant to Senate Bill 221 and/or 610. EMWD expects the developer to coordinate with the approving agency for the proper notification. Further arrangements for service from EMWD may also include plan check, facility construction inspection, jurisdictional annexation, and payment of financial participation charges. The developer is advised to contact EMWD's New Business Development Department eady in the entitlement process to determine the necessary arrangements for service. EMWD's ability to serve is subject to limiting conditions, such as water shortages, regulatory requirements, legal issues, or conditions beyond EMWD's control. Thank you for your cooperation in serving our mutual customers. If you have any questions, please call me at (909) 928-3777, ext. 4468. Sincerely, Corey F. Wallace, P.E. Civil Engineer New Business Development Dept. CFW/jw Cc: Trans-Pacific Consultants - Joe Reyes G:~ACC ESS',New_Busi~DAD~Archives~Year 2003~PM27987.doc Mailing Address: Post Office Box 8300'Perris, CA 92572-8300 Telephone: (909) 928-3777 Fax: (909) 928-6177 , .,. -. .. ~ Location:~.~; ~227(~Trumble~Road ,Pen:is CA 92570 lntemet:+www.emwd.org .... WAILREN D. ~vlLLIAMS': 3eneral Manager-Chief Engineer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKE'~ STREET RIVERSIDE, CA 92501 909.955.1200 909.788.9965 FAX 83516.! July 30, 2003 City of Temecula Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention: Dan Long Ladies and Gentlemen: Re: PA03-0166 The District does not usually review land divisions/land use cases or provide State Division of Real Estate letters/flood hazard reports for projects that are located within incorporated Cities. Exceptions are made for cases with items of specific interest to the Distdct including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and Distdct Area Drainage Plan fees (development mitigation fees). The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issues. PA03-0166 is a proposal to design, construct and operate a self-serve car wash facility on a 1.17 acre site located on the south side of Via Rio Temecula, approximately 500 feet west of Redhawk Parkway. The entire site is located within shaded Zone X boundary for Temecula Creek as delineated on Panel No. 0607420010B of the Flood Insurance Rate Maps issued in conjunction with the National Flood Insurance Program, adminis~tered by the Federal Emergency Management Agency (FEMA). The project does not have any impact on Distdct Master Plan facilities or any other proposed facilities of regional interest. The following information of a general nature is provided herewith for your use: This project may need to obtain an applicable National Pollutant Discharge Elimination System (NPDES) permit coverage from the State Water Resources Control Board or the California Regional Water Quality Control Board (RWQCB) - San Diego Region. Clearance for grading, recordation, or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If the mapped flood plain is impacted by the project, the City should require the applicant to obtain a Section 1601/1603 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or wdtten correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the RWQCB - San Diego Region pdor to issuance of the Corps 404 permit. Should you have any questions regarding this matter, please feel free to contact Teresa Tung at 909.955.4050. Very truly yours, Tr:slj STEPHEN C. THOMAS Senior Civil Engineer ATTACHMENT NO. 2 EXHIBITS R:\C U 1:~2.003~3-0166, Via Rio Temecuta Car Wash'tPC Appeal Report.doc 33 CiTY OF TEMECULA PLANNING APPLICATION NO. PA03-0166 (Conditional Use Permit/Development Plan - Appeal) EXHIBIT A Vicinity Map PLANNING COMMISSION DATE - November 5, 2003 R:\C U p~2003~03-0166, Via Rio Temecula Car Wash~°C Appeal Report.doc 34 crrY OF TEMECULA )000( ).O0000J 30000000000( 3000000000C EXHIBIT B - Zoning Map DESIGNATION - Community Commercial EXHIBIT C General Plan DESIGNATION - Community Commercial (CC) PLANNING APPLICATION NO. PA03-0166 (Conditional Use PermitJDevelopment Plan - Appeal) PLANNING COMMISSION DATE - November 5, 2003 R:\C U P~003~3-0166, Via Rio Temecula Car Wash\PC Appeal Report.doc 35 CITY OF TEMECULA PLANNING APPLICATION NO. PA03-0188 {Conditional U~, P~rmi~/Development Plan - Appeal) EXHIBIT D SITE PLAN PLANNING COMMISSION DATE - November 5, 2003 R:\C U P',2003~03-0166, Via Rio Temecula Car Wash\PC Appeal Report,doc 36 CITY OF TEMECULA PLANNING APPLICATION NO. PA03-0166 (Conditional Use Permit/Development Plan - Appeal) EXHIBIT E GRADING PLAN PLANNING COMMISSION DATE - November 5, 2003 II R:\C U P~003~03-0166, Via Rio Temecula Car Wash~,PC Appeal Report.doc 37 CITY OF TEMECULA PLANNING APPLICATION NO. PA03-0166 (Conditional Use Permit/Development Plan - Appeal) EXHIBIT F ELEVATIONS PLANNING COMMISSION DATE - November 5, 2003 R:\C U P~'003~03-0166, Via Rio Temecula Car Wash~PC Appeal ReporLdoc 38 CITY OF TEMECULA PLANNING APPLICATION NO. PA03-0166 (Conditional Use Permit/Development Plan - Appeal) EXHIBIT G ELEVATIONS PLANNING COMMISSION DATE - November 5, 2003 R:\C U P~2003~03-0166, Via Rio Temecula Car Wesh\PC Appeal Report.doc 39 CITY OF TEMECULA PLANNING APPLICATION NO. PA03-0166 (Conditional Use Permit/Development Plan - Appeal) EXHIBIT H LANDSCAPE PLAN PLANNING COMMISSION DATE - November 5, 2003 R:\C U P~2003',03q3166, Via Rio Temecula Car Wash\PC Appeal Report.doc 4O ATTACHMENT NO. 3 LETrER OF APPEAL OF PLANNING DIRECTOR'S DECISION R:\C U P~2003~03~)166, Via Rio Temecula Car Wash~PC Appeal Report.doc 29 Don Macek 10641 Camino Ruiz San Diego, CA 92126 760-803-5785 September 2, 2003 Dan Long City of Temecula, Planning Department 43200 Business Park Drive Temecula, Ca. 92589-9033 RE: Case No. PA03-0166 I am appealing the approval of the Blake Scripps car w~h (Case No. PA03-0166). The approval of a serf-serve car wash at this location ~ll~nd6U6~'~dl~6'a.Publie :~ and have a ~ ~:~ ~i.~,:~g ~. The Subject's p~oject location is i~l_.at~and ~i.~i~M~l~ ~a~,~. These car wash projects that lack clear Visibilliy of street iraffi¢ d~VeloP into'a h~ft~r activities are depicted in detail drawing from my previous letter of opposition. The self- serve car wash industry relies heavily on the use of bill changing machines. Approving a self-serve car wash at this location qf i p[a ~ei~hich creates an obvious opportunity for criminal activity at this site. By approving a car wash in this location, a afi'_se:in.thiS area4/.~ citizens will be faced with an unnecessary risk. The only mandate in the Conditions of Approval set forth by the City of Temecula to address this problem is that the operator be required to have a full time attendant. Ultimately you have left it to the operator's willingness and financial ability to properly staff this facility. The applicant, in a recent conversation with Fred Grimes of WestMar, represented that he had no intention of hiring an attendant. He stated that it was just going to be him going by and checking on the facility. In my experience, a full time attendant is a financial impossibility (especially at this location). Also, fi.om a logistical standpoint, the operator will have a difficult time finding employees that he can ensure will be there full time. Many times it is the unsupervised employee themselves that attracts the unsavory people and activates. Nbither the City of Temecula nor the operator will be able to properly ensure that this condition is met. This mandate is inadequate and will be of little effect to deter this type of criminal and unsavory activity I have discussed. The fact that you have approved this car wash facility directly adjacent t0 a preschool and. t s playground ~s an incompatible !and use. To sandwich a preschool between two car washes and a tire store seems ridiculous and should be considered unacceptable. It is the planning department and commission's responsibility not only to consider land use issues, but also to determine if this project will be an asset or liability to the community of Temecula and to protect its citizens. Local homeowners would argue that since there is currently an approved self-serve car wash under construction on Redhawk Parkway, the approval of an additional car wash separated by one parcel of land makes no sense and would be of no benefit to the community. The approval of a self-serve car wash in this isolated location will create a long-mn,liability for the City of Temecula and the community in the surrounding area. Now that you are aware of all the facts and understand the full magnitude of the situation, it is your opportunity to reevaluate your previous approval and deny this application. Don Macek A'rl'ACHMENT NO. 4 DIRECTOR'S HEARING STAFF REPORT FROM AUGUST 21,2003 R:\C U P~°003~03-O166, Via Rio Temecula Car Wash\PC Appeel Report.doc 30 STAFF REPORT- PLANNING CiTY OF TEMECULA DIRECTOR'S HEARING August 21, 2003 Planning Application No. PA03-0166 (Conditional Use Permit/Development Plan) Prepared by: Dan Long, Associate Planner RECOMMENDATION: Staff recommends the Planning Director: Adopt a Notice of Exemption for Planning Application No. PA03-0166 pursuant to Section 15332 of the California Environmental Quality Act Guidelines. 2. Adopt a resolution entitled: DH RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0166, A CONDITIONAL USE PERMITAND DEVELOPMENT PLAN APPLICATION FOR A 6,256 SQUARE FOOT SELF-SERVE CAR WASH FACILITY, INCLUDING 6 WASH BAYS AND EIGHT DRY BAYS, LOCATED ON THE SOUTH SIDE OF VIA RIO TEMECULA, APPROXIMATELY 160 FEET WEST OF REDHAWK PARKWAY, FURTHER KNOWN AS APN: 961-080-023 APPLICATION INFORMATION APPLICANT: Blake Scripps REPRESENTATIVE: Dean Davidson, Architect PROPOSAL: 6,256 square foot self serve car wash (6 wash bays and 8 dry bays) LOCATION: Located on the south side of Via Rio Temecula, approximately 160 feet west of Redhawk Parkway in the City of Temecula, County of Riverside, State of California EXISTING ZONING: Community Commercial (C-C) SURROUNDING ZONING: North: Community Commercial (C-C) South: Open Space-Conservation (OS-C) East: Commercial (Riverside County Jurisdiction) West: Open Space-Conservation (OS-C) R:\C U P~2003\034) 166, Via Rio Tcmecula Car Wash~DH staff report-1 .doc GENERAL PLAN DESIGNATION: EXISTING LAND USE: SURROUNDING LAND USES: Project Description Community Commercial (CC) Vacant North: Shopping Center South: Temecula Creek East: Children's Day Care West: Temecula Creek/Single-family Residential south of creek This is a request by Blake Scripps design, construct, and operate a self-service car wash facility located on the south side of Via Rio Temecula, approximately 160 feet west of Redhawk Parkway. The project site includes two freestanding buildings, including 6 wash bays and 8 dry bays totaling approximately 6,256 square feet. There is approximately 800-900 feet separating the project site from the residential zone to the south and an elevation change of approximately 40 feet. The building is setback from Via Rio Temecula approximately 30 feet. The buildings include split-faced block, stucco, ceramic accent tiles, and concrete "S" tile roof. The frontage of the site includes a landscaped berm with various tree species ranging in size from 36-inch box to fifteen gallon. The rear of the project site includes a seven-foot planter with numerous large, 36-inch box trees and 15-gallon shrubs. The large species are required for screening of the bays from the residential view. In addition, staff required the applicant to submit cross sections and photos from the view of the residences to the south in order to determine visibility from the adjacent residences. Environmental This project is Categorically Exempt from CEQA under Section 15332 (In-fill) because the project is surrounded by existing development in an urban environment and the project site is less than 5 acres. Analysis Staff has reviewed the proposed project and has determined that the project will not have a negative impact on the surrounding neighborhood and the findings for approval can be made. Staff has worked with the applicant to ensure the project will function properly as well as screen the bays from public and adjacent residential view. The applicant has broken the building into two freestanding buildings, which improves on-site circulation. The applicant has provided a landscaped berm with trees and shrubs along the frontage of the site and a dense planting of 36-inch box trees with fifteen-gallon shrubs planted in between each tree on the rear of the site. The applicant has submitted cross-sections showing the project site, the creek and the residences. Also, the applicant has submitted a rendering of the site showing the landscaping at maturity. Staff has consulted this issue with the City's landscape architect and staff has determined the proposed landscaping is sufficient for screening purposes. R:\C U PX2003\03-0166, Via Rio Temecula Car Wash~DH staff report-1 .doc 2 Recommendation Planning Staff recommends that the Planning Director approve Planning Application No. PA03- 0166 (Conditional Use Permit/Development Plan) based upon the findings and the attached Conditions of Approval. FINDINGS: Conditional Use Permit (17.04.010) The proposal, a self-service car wash facility, 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 and the City's Development Code. The site is therefore properly planned and zoned and found to be physically suitable for the type of the proposed use. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). The proposed conditional use is compatible with the nature, condition ad development of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the project site is surrounded by commercial uses and the proposed project includes a use that generates minimal vehicular trips and is not considered an intense use. In addition, the project site has been planned to include additional large trees and shrubs to screen to the project site from the distant residences and public view. The buildings are designed to blend with the surrounding development and therefore will not adversely affect the adjacent uses, buildings or structures. The site of this proposed conditional use is a self-service car wash facility. The site is adequate in size and shape to accommodate the proposed car wash facility without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code in order to integrate the use with other uses on the site and in the neighborhood. The proposed Conditional Use Permit includes a self-service car wash facility. The nature if this use is not detrimental to the health, safety and general welfare of the community because the proposed project is providing a service that is need in the surrounding community and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the community. Development Plan (17.05.010) The proposed use is in conformance with the General Plan for the City of Temecula and with all applicable requirements of state law ands other ordinances of the City of Temecula because the project has been reviewed and it has been determined that the project is consistent with all applicable zoning ordinances, state law and the General Plan, R:\C U P~2003\03-0166, Via Rio Temecula Car Wash~DH staff report*l .dcc 3 The overall development of the land is designed for the protection of the public health, safety, and general welfare, because the project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the project has been reviewed and conditioned to comply with the uniform building and fire codes. Attachments DH Resolution Conditional Use Permit - Blue Page 4 Exhibit A - Conditions of Approval - Blue Page DH Resolution Development Plan - Blue Page 7 Exhibit A - Conditions of Approval - Blue Page 10 R:\C U P~2003\03~}166, Via Rio Temecula Car Wash~DH staff report-! .doc 4 A'I-i'ACHMENT NO. 1 DH RESOLUTION NO. 2003- CONDITIONAL USE PERMIT R:\C U Px2003\034H 66, Via Rio Temecula Car Wash~DH staff report l.doc 5 DH RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0166, A CONDITIONAL USE PERMIT APPLICATION FOR A 6,256 SQUARE FOOT SELF-SERVE CAR WASH FACILITY, INCLUDING 6 WASH BAYS AND EIGHT DRY BAYS, LOCATED ON THE SOUTH SIDE OF VIA RIO TEMECULA, APPROXIMATELY 160 FEET WEST OF REDHAWK PARKWAY, FURTHER KNOWN AS APN: 961-080-023 WHEREAS, Blake Scripps filed Planning Application No. PA03-0166, in a manner in accord with the City of Temecula General Plan, Development Code; WHEREAS, Planning Application No. PA03-0166 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Director, at a regular meeting, considered Planning Application No. PA03-0166 on August 21, 2003, 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 in opposition to this matter; WHEREAS, at the conclusion of the Planning Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA03- 0166 subject to the conditions after finding that the project proposed in Planning Application No. PA03-0166 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Director, in approving Planning Application No. PA03-0166 (Conditional Use Permit) hereby makes the following findings as required by Section 17.04.010 of the Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code; Staff has reviewed the proposal and finds that the site is properly plarined and zoned and found to be physically suitable for the type of the proposed use. The project as conditioned is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures; The project site is surrounded by commercial uses and the proposed project includes a use that generates minimal vehicular trips and is not considered an intense use. In R:\C U P't2003~)34)166, Via Rio Temecula Car WashXDH staff report-l,dcc 6 addition, the project site has been planned to include additional large trees and shrubs to screen to the project site from the distant residences and public view. The buildings are designed to blend with the surrounding development and therefore will not adversely affect the adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in this development code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood; The site is adequate in size and shape to accommodate the proposed car wash facility without affecting the yard, parking and loading, landscaping, and other development features prescribed in the Development Code in order to integrate the use with other uses on the site and in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The nature if this use is not detrimental to the health, safety and general welfare of the community because the proposed project is providing a service that is need in the surrounding community and it has been designed to minimize any adverse impacts, including health, safety and general welfare to the community. Section 3. Environmental Compliance. A Notice of Exemption has prepared and adopted by the Director of Planning in accordance with Class 32, Section 15332 of CEQA Guidelines. Whereas, no further environmental review if required for the proposed project. Section 4. Conditions. That the City of Temecula Director of Planning hereby approves Planning Application No. PA03-0166 (Conditional Use Permit) located on the south side of Via Rio Temecula, approximately 160 feet west of Redhawk Parkway, further known as APN: 961-080-023, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be. deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 21st day of August 2003. Don Hazen, Principal Planner I Adria McClanahan, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 2003- was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 21st day of August 2003. Adria McClanahan, Secretary R:\C U 1~2003\03~0166, Via Rio Temecula Car Wash~I)H staff report-1 .dcc 7 EXHIBIT A CONDITIONS OF APPROVAL R:\C U P~2003\03 -0166, Via Rio Temecula Car Wash~DH staff report-l.doc 8 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA03-0166 (Conditional Use Permit) Project Description: A Conditional Use Permit for a 6,256 square foot self- service car wash facility, including 6 wash bays and 8 dry bays, located on the south side of Via Rio Temecula, approximately 160 feet west of Redhawk Parkway. Development Impact Fee: Service Commercial Approval Date: August 21, 2003 Expiration Date: August 21, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty- eight (48) hour period the applicant/developer 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 The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. R:\C U P~20~3\03-0166, Via Rio Temecula Car Wash~DH staff report-l.doc 9 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 Director of Planning may, upon an application being filed within thirty days prior to expiration and for good cause, grant a time extension of up to three, one-year extensions of time, one year at a time. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. The applicant shall comply with their Statement of Operations dated March 24, 2003, (attached) on file with the Community Development Department - Planning Division, unless supemeded by these conditions of approval. Note hours of operation shall coincide with Condition of Approval No. 9. 7. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 8. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 9. Hours of operation for the car wash shall be limited to between 7:00 A.M. to 9:00 P.M. 10. Automatic shut-off of water and electrical systems, except for security and fire protection, shall be provided during non-business hours. 11. The applicant shall submit verification that all vacuums meet the maximum noise attainable levels outlined in the City's Noise Element in the General Plan (Max. 70 db CNEL). 12. If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the determination is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning. R:\C U P'~2003\03-0166, Via Rio Temecula Car WashkDH staff report-1 .doc 13. Regular monitoring of the facility by an attendant shall be provided during business hours to control noise, litter, and other nuisances. POLICE DEPARTMENT 14. All exterior lighting surrounding the car wash should be energy-saving and minimized after closing hours of business to comply with the State of California Lighting Ordinance. Furthermore, all exterior lighting must comply with Mt. Palomar Lighting Requirements. Additionally, during the hours of darkness, lighting from this facility should not interfere with the current Child Care facility to the East and the residential tract located across Temecula Creek Channel. 15. All exterior doors should have their own vandal resistant fixtures installed above. The doors shall be illuminated with a minimum one (1) foot candle of light at ground level, evenly dispersed. 16. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commemial or institution grade. 17. Any graffiti painted or marked upon the bui.ldings shall be removed or painted over within twenty-four (24) hours of being discovered. Notify the Temecula Police Department immediately so a report can be taken. 18. Upon completion of construction, the interior of this facility shall have a monitored alarm system installed and monitored 24-hours a day by a designated private alarm company, to notify the police department immediately of any intrusion. All multi-tenant office/warehouse located within the building should have their own alarm system. 19. All roof hatches shall be painted "International Orange." 20. Any public telephones located on the exterior of this facility should be placed in a well- lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of this facility. BUILDING DEPARTMENT 21. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 22. 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 streetlights 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. 23. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. R:\C U P~2003\03-0166, Via Rio Temecula Car Wash~DH staff report-l.doc 24. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 25. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays COMMUNITY SERVICES DEPARTMENT Prior to issuance of building permits 25. If additional arterial streetlights are to be installed as a result of this project, prior to issuance of building permit or the installation of street lighting on Via Rio Temecula, which ever occurs first, the developer shall complete the TCSD application process, submit the approved Edison streetlight improvement plans and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program OUTSIDE AGENCIES 26. 27. The applicant shall comply with the attached letter dated March 31, 2003 from the Riverside County Department of Environmental Health. The applicant shall comply with the attached letter dated April 1,2003 from the Rancho California Water District. 28. 29. The applicant shall comply with the attached letter dated March 28, 2003 from the Eastern Municipal Water District. The applicant shall comply with the attached letter dated July 30, 2003 from the Riverside County Flood Control and Water Conservation District By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Name R:\C U PX2003\034)166, Via Rio Temecula Car WashkDH staff report-1 .doc ATTACHMENT NO. 2 DH RESOLUTION NO. 2003- DEVELOPMENT PLAN R:\C U P~2003\03~)166, Via Rio Temecula Car WashXDH staff report-l.doc 13 DH RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0166, A DEVELOPMENT PLAN APPLICATION FOR A 6,256 SQUARE FOOT SELF-SERVE CAR WASH FACILITY, INCLUDING 6 WASH BAYS AND EIGHT DRY BAYS, LOCATED ON THE SOUTH SIDE OF VIA RIO TEMECULA, APPROXIMATELY 160 FEET WEST OF REDHAWK PARKWAY, FURTHER KNOWN AS APN: 961-080-023 WHEREAS, Blake Scripps filed Planning Application No. PA03-0166, in a manner in accord with the City of Temecula General Plan, Development Code; WHEREAS, Planning Application No. PA03-0166 was processed including, but not limited to a public notice., in the time and manner prescribed by State and local law; WHEREAS, the Planning Director, at a regular meeting, considered Planning Application No. PA03-0166 on August 21, 2003, 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 in opposition to this matter; WHEREAS, at the conclusion of the Planning Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA03- 0166 subject to the conditions after finding that the project proposed in Planning Application No. PA03-0166 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Director, in approving Planning Application No. PA03-0166 (Development Plan) hereby makes the following findings as required by Section 17.05.020 of the Temecula Municipal Code: A. The proposed use is in conformance with the Genera Plan for Temecula and with all the applicable requirements of state law and other ordinances of the city; The project has been reviewed and it has been determined that the project is consistent with all applicable zoning ordinances, state law and the General Plan. B. The overall development of the land is designed for the protection of the public, health, safety and general welfare. The project has been designed to minimize any adverse impacts upon the surrounding neighborhood and the project has been reviewed and conditioned to comply with the uniform building and fire codes. R:\C U Px2003\03~166, Via Rio Temecula Car Wash~DH staffreport-l.doc Section 3. Environmental Compliance. A Notice of Exemption has prepared and adopted by the Director of Planning in accordance with Class 32, Section 15332 of CEQA Guidelines. Whereas, no further environmental review if required for the proposed project. Section 4. Conditions. That the City of Temecula Director of Planning hereby approves Planning Application No. PA03-0166 (Development Plan) located on the south side of Via Rio Temecula, approximately 160 feet west of Redhawk Parkway, further known as APN: 961-080-023, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 21st day of August 2003. Don Hazen, Principal Planner I Adria McClanahan, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 2003- was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 21st day of August 2003. Adria McClanahan, Secretary R:\C U I~2003\03-0166, Via Rio Temecuh Ca~ Wash~DH staff report-l.doc EXHIBIT A CONDITIONS OF APPROVAL R:\C U Px2003\034)166, Via Rio Tcmccula Car Wash~DH staff report-l.dcc 16 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA03-0166 (Development Plan) Project Description: A Development Plan for a 6,256 square foot self- service car wash facility, including 6 wash bays and 8 dry bays, located on the south side of Via Rio Temecula, approximately 160 feet west of Redhawk Parkway. Development Impact Fee: Service Commercial Approval Date: August 21,2003 Expiration Date: August 21, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resoumes Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty- eight (48) hour period the applicant/developer 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 roason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. R:\C U Pk2003\034} 166, Via Rio Temecuia Car Wash~DH shaft report-!.doc 9. 10. 11. 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 Director of Planning may, upon an application being filed within thirty days prior to expiration and for good cause, grant a time extension of up to three, one-year extensions of time, one year at a time. The development of the premises shall substantially conform to the approved site plan, contained on file with the Planning Department. Landscaping shall substantially conform to the approved (Conceptual Landscape Plan) contained on file with the Planning Department. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. / The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. This development Plan may be revoked pursuant to Section 17.05.010 of the City's Development Code. Automatic shut-off of water and electrical systems, except for security and fire protection, shall be provided during non-business hours. If at any time during excavation/construction of the site, amhaeological/cultural resoumes, or any artifacts or other objects which reasonably appears to be evidence of cultural or amhaeological resoume are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the determination is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an amhaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning. The applicant shall paint a 3-foot x 3-foot section of the building for Planning Department inspection, prior to commencing painting of the building. R:\C U Pk2003\03-0166, Via Rio Temecula Car WashXDH staff rcport-I .doc Prior to the Issuance of Building Permits 12. A separate building permit shall be required for all signage. 13. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. 14. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 15. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. 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 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 approved plan). e. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. Prior to Building Occupancy 16. The property owner shall fully install all required landscaping and irrigation, and submit a landscape maintenance bond in a form and amount approved by the Planning Department for a period of one-year from the date of the first occupancy permit. 17. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. POLICE DEPARTMENT 18. All burms shall be limited to a maximum 3' in height. 19. All exterior lighting surrounding the car wash should be energy-saving and minimized after closing hours of business to comply with the State of California Lighting Ordinance. Furthermore, all exterior lighting must comply with Mt. Palomar Lighting Requirements. Additionally, during the hours of darkness, lighting from this facility should not interfere with the current Child Care facility to the East and the residential tract located across Temecula Creek Channel; R:\C U P~2003\03~0166, Via Rio Temecula Car WashkDH staff report-l.doc 19 20. All exterior doors should have their own vandal resistant fixtures installed above. The doors shall be illuminated with a minimum one (1) foot candle of light at ground level, evenly dispersed. 21. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 22. Any graffiti painted or marked upon the buildings shall be removed or painted over within twenty-four (24) hours of being discovered. Notify the Temecula Police Department immediately so a repod can be taken. 23. Upon completion of construction, the interior of this facility shall have a monitored alarm system installed and monitored 24-hours a day by a designated private alarm company, to notify the police department immediately of any intrusion. All multi-tenant office/warehouse located within the building should have their own alarm system. 24. All roof hatches shall be painted "International Orange." 25. Any public telephones located on the exterior of this facility should be placed in a well- lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of this facility. PUBLIC WORKS DEPARTMENT 26. Unless otherwise noted, the Developer at no cost to any Government Agency shall complete all conditions. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 27. 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. 28. 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. 29. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 30. The Developer shall construct public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Street improvements, which may include, but not limited to: drive approach, b. Storm drain facilities c. Sewer and domestic water systems R:xC U PX2003',03~)166, Via Rio Temecula Car Wash'xDH staff report-1 .doc 2O Prior to Issuance of a Grading Permit 31. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 32. 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. 33. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 34. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. 35. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. The Developer shall provide any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements. 36. 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. 37. 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 38. 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. 39. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. R:\C U P~2003\03-0166, Via Rio Temecula Car Wash~DH staff report-l.doc 21 40. 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. 41. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. Prior to Issuance of a Building Permit 42. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Concrete ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400, 401and 402. d. All street and driveway centerline intersections shall be at 90 degrees. e. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 43. All access rights, easements for sidewalks for public uses shall be submitted and reviewed by the Director of the Department of Public Works and City Attorney and approved by City Council for dedication to the City where sidewalks meander through private property. 44. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 45. The Developer shall obtain an easement for ingress and egress over the adjacent property. 46. 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. 47. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. R:\C U PY2003\03~)166, Via Rio Tcrnecula Car Wash~DH staff report- 1 .doc 22 Prior to Issuance of a Certificate of Occupancy 48. 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 49. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 50. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. Building Department 51. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 52. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 53. 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 streetlights 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. 54. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 55. Obtain all building plans and permit approvals prior to commencement of any construction work. 56. Obtain street addressing for all proposed buildings prior to submittal for plan review. 57. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 58. Provide disabled access from the public way to the main entrance of the building. 59. Provide van accessible parking located as close as possible to the main entry. R:\C U 1°~2003~03-0166, Via Rio Temecula Car Wash~DH staff report-l.doc 23 60. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 61. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 62. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 63. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 65. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 66. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 67. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 68. Show all building setbacks. 69. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays COMMUNITY SERVICES DEPARTMENT 70. 71. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 72. All parkways, landscaping, fencing and on site lighting shall be maintained by the property owner or maintenance association. Prior to issuance of building permits 73. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. R:\C U PX2003\03-0166, Via Rio Temecula Car WashXDH staff report-l.doc 24 74. If additional arterial streetlights are to be installed as a result of this project, prior to issuance of building permit or the installation of street lighting on Via Rio Temecula, which ever occurs first, the developer shall complete the TCSD application process, submit the approved Edison streetlight improvement plans and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program. FIRE DEPARTMENT 75. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. 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. 76. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commemial buildings per CFC Appendix III.A, Table A-III-A-I. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure, plus an assumed sprinkler demand of 700 GPM for a total fire flow of 2200 GPM with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III-A) 77. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-I. A minimum of I hydrant, in a combination of on-site and off-site (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, at each intersection 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) 78. 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) 79. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVVV. (CFC 8704.2 and 902.2.2.2) 80. 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) 81. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) R:~2 U PX2003\03-0166, Via Rio TemecuLa Car Wash~DH staff report-i.d~c 25 82. 83. 86. 87. 88. 89. 90. 91. Prior to building construction, this development shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, and spacing and minimum fire flow standards. After the local water company signs the plans, 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 ) 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) Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall have a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have four (4) inch letters and /or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 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) 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. (CFC 902.4) All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground R:\C U PX2003X03-0106, Via Rio Temecula Car WashXDH staff report-I .doc 26 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) Special Conditions 92. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 93. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 94. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) OUTSIDE AGENCIES 95. The applicant shall comply with the attached letter dated March 31, 2003 from the Riverside County Department of Environmental Health. 96. The applicant shall comply with the attached letter dated April 1, 2003 from the Rancho California Water District. 97. The applicant shall comply with the attached letter dated March 28, 2003 from the Eastern Municipal Water District. 98. The applicant shall comply with the attached letter dated July 30, 2003 from the Riverside County Flood Control and Water Conservation District By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Name R:\C L~ P~2003\03-0166, Via Rio Temecula Car Wash'tDH staff report-l.doc 27 ATTACHMENT NO. 5 DIRECTOR'S HEARING DRAFT EXCERPT MINUTES FROM AUGUST 21, 2003 R:\C U P~003~03-0166, Via Rio Temecula Car Wash~PC Appeal Report,doc 31 enforce traffic laws within the City. Noise Restrictions are enforced after 10:00 PM, therefore, the proposed day care facility will not be in danger of breaking the City of Temecula's noise ordinance. Hazen found no reason to deny the application given the restraints of State Law. Prindpal Planner, Don Hazen, requested that item #7 of the Conditions of Approval read: "The Large Family Day Care Home shall operate under a bona fide license from the State Department of Social Services and a Business License from the City of Temecula. Both licenses shall be provided to the Planning Department prior to activation of the Conditional Use Permit." Principal Planner, Don Hazen, approved PA03-0364 subject to the conditions of approval. Item No. 2: Planninq Application No. PA03-0166, A Conditional Use Permit and Development Plan Application for a 6,256 square foot self-serve car wash facility Located on the South side of Via Rio Temecula, approximately 160 feet west of Redhawk Parkway. Associate Planner, Dan Long, presented the staff report. Principal Planner, Don Hazen, referenced the Development Code regulations relating to car wash facilities and asked Dan Long whether the application complied with each regulation: All car wash facilities whether self serve or full serve must be located 200 feet from any residential district. Dan Long, Associate Planner, confirmed the project meets requirement; Stating that the nearest residential lot is 700-800 feet away from proposed project. 2. Wash basin and vacuum areas are screened from public view. Dan Long, Associate Planner, confirmed that there is landscaping on the front and rear of the site. Regular monitoring of the fadlity by an attendant shall be provided during business hours to control, noise, litter and other nuisances. Dan Long, Associate Planner, confirmed that a part-time employee would be on site to control noise, litter and other nuisances. He later clarified that the project was conditioned to have a full-time employee. 4. Hours of operation limiled to 7:00 AM to 10:00 PM. Dan Long, Associate Planner confirmed that the applicant modified the hours of operation to 7:00 AM to 9:00 PM. Principal Planner, Don Hazen, opened the public headng at 2:07 PM. Larry Markham, 41635 Enterprise Circle North, Temecula, California, representing the applicant, agreed with the staff report. Mr. Markham requested a break to provide an opportunity for the public to review the plans for the proposed car wash facility. After a bdef recess, Betty Johnson, 44728 Corte Valencia, in Redhawk, expressed opposition to the proposed car wash. Ms. Johnson stated that between the County of Riverside approval of a nearby car wash facility and this proposed project, there would be three car washes within a one-half mile area. Ms. Johnson expressed concerns about drug abuse and safety issues. P:~PLAN NIN G~DIRH EAR~41N UTES~003',08-21.03 minutes.doc 2 · Jeff Digby, owner of Ramona Tire, 31955 Via Rio Temecula Road, expressed opposition to the proposed project because of the already approved car wash being built on the other side of Ramona Tire. Mr. Digby also expressed safety concerns due to the late houm of operation. Don Macek, 3615 Monte Real, Escondido, California, owner of the currently approved car wash already being built next to Ramona Tire, expressed extreme opposition to the proposed application. Mr. Macek believed this proposed car wash fadlity would prevent his business from being a viable economic contribution to the City of Temecula. Larry Markham addressed all concerns by stating the design team went to great lengths to design the proposed car wash to meet the requirements in the conditions of approval. Mr. Markham addressed issues regarding noise and litter after hours of operation. Landscape Architect, Vince DiDonato , at the request of Pdndpal Planner, Don Hazen, presented information on the types trees that would provide screening for the proposed car wash facility. Principal Planner, Don Hazen, dosed the Public Headng at 2:44 PM and addressed all issues. Principal Planner, Don Hazen, first addressed Mr. Macek from a legal standpoint, stating a property owner has a dght to pursue his development of choice provided that business meets the City's development requirements. Principal Planner, Don Hazen, informed Mr. Macek that a previous approval from the County of Riverside to build his car wash facility is not a valid reason to deny the application to build the proposed car wash facility. The proposed car wash facility meets the requirements submitted by the City of Temecula. According to Principal Planner, Don Hazen, he has reviewed the digilal photo simulation regarding the landscaping of the side and rear of the facility. The City's Landscape Architect has also given validity to the landscape plan. Mr. Hazen is encouraged by the fact that there is a park across the creek and creek vegetation, to provide landscape screening of the loading base from public view. Pdndpal Planner, Don Hazen, finds that the proposed car wash tadlity is consistent with the City's regulations. Principal Planner, Don Hazen, approved the Development Plan and Conditional Use Permit PA03-0166 with the conditions as proposed and one modification. Principal Planner, Don Hazen, is concerned about the maintenance of the landscaping along the rear and the side of the proposed facility if there is a business failure in the future. In order to make sure that the landscaping does not die, and to protect the view, Principal Planner, Don Hazen, amended condition # 16 to read: "The property owner shall fully install all required landscaping and irrigation, and submit a landscape maintenance bond in a form and amount approved by the Planning Department for a period of c=c three-years and post one-year bonds each year thereafter up to a maximum of ten years from the date of the first occupancy permit Principal Planner, Don Hazen, approved PA03-0166 subject to the conditions of approval. With no other item., on//tl~e agenda, incipal Planner the meeting was adjourned at 2:54 PM. P:~PLANNi N G~DIRH EAR'tMINUTES~2003~08-21-03 minutes.doc 3 ATTACHMENT NO. 6 LETTERS RECEIVED R:\C U P~2003~03-0166, Via Rio Temecula Car Wash\PC Appeal Report.doc 32 Don Macek 10641 Camino Ruiz San Diego, California 92126 619-726-6593 August 16, 2003 Dan Long City Of Temecula, Planning Department 43200 Business Park Drive Temecula Ca. 92029 RE: Case No. PA03-0166 Dear Mr. Long, I am submitting this letter of protest to oppose the car wash facility proposed on Via Rio Temecula Rd. The purpose for my objection may at first seem selfish, but the project will have a negative impact on surrounding businesses and homes in the Temecula community. As I have recently undergone construction on a seven bay self-serve car wash located at 31955 Via Rio Temecula Rd. Only one parcel of land to the east lies between my project and this proposed site. The County of Riverside approved my project long ago, and I doubt that the applicant or planning department of the City of T~mecula is aware of this situation. It is difficult to believe that the applicant would wish to follow through with knowledge of this situation. More importantly the planning department must understand the full magnitude of problems that occur when a poorly conceived project such as this proposed site would cause to the community. I admittedly have vested interest in seeing this proposal denied due to obvious concerns in proximity of location. It must be noted that my concerns go far beyond additional competition. I am an experienced car wash developer and operator with fifteen years of experience in the business and currently own and operate multiple locations in San Diego County. I spend a great deal of time in site analysis for myself, and consult for other operators. On occasion I have offered my opinion to financial lenders who are aware of my expertise in this area. I clearly understand the key aspects of site analysis and it is my strong opinion that this proposed site could be a textbook study as where not to locate a self-serve car wash. I realize your main concern is how this project will directly affect the City of Temecula at large. Due to the isolation of this projects location, the project will never be economically feasible. The subject location lacks any clear visibility or street traffic, and this aspect is the only effective advertising device in the self serve industry. This leads to a low volume of customers at the car wash because most people will never be aware of its location and those who are aren't comfortable washing their cars in isolated location where they feel unsafe. This scenario aids to promote unsavory criminal activity on the property as vagabonds and transients flock to these isolated car washes. Naturally when a car wash is not economically feasible, proper staffing is unaffordable. This leads to poor maintenance, trash, and pollution of the surrounding grounds. Car repair, drug dealing and usage become common practices. These poorly located washes become hotbeds for, criminal activity. Ultimately the situation results in a series of bankruptcies and owners that "give it a try" but ultimately realize the inability to salvage a car wash with a poor location. It is important to note that these car washes are single purpose buildings and that the problems will still exist years at, er the developer is gone. When a municipality approves a ear wash in this kind of location you are perpetuating the type of unsavory activity the community is trying to avoid. This situation will have a negative impact on the residences and business in the immediate proximity of this area, including mine. This project will also leave a bad reflection on the self-serve car wash industry that would assuredly have a negative impact on my facility. It would be a mistake to discount the issues and opinions that I raise in this argument, as you may feel that my only concern is additional competition. I am considered an expert in this field of site analysis as much as anyone in Southern California. As I previously stated, I am an experienced operator, with multiple car wash locations. I am adept to competing with dkect competition. The site that I am developing is a vastly superior to the subject's site because my site contains th6 critical aspects that the subject's site does not include, such as high traffic count and excellent visibility. The car wash I am building will be the most "state of the art" technologically advanced self-serve car wash facility in Southern California. I would compete favorably with this additional site. Even if my project was non-existent, the subject's site would still have a difficult time surviving, and the same problems and issues I have pointed out would still arise. There isn't an experienced car wash operator in thek right mind that would build a car wash at the subject location. If you have any questions or concerns to the issues that I have raised, please do not hesitate to contact me. .~.~ ~ff] ~Sincerely, Don Macek P.O. BOX 960 * HEMET, CA 92546 · TEL (909) 652-4363 · FAX (909) 766-8369 August 13, 2003 Mr. Dan Long, Associate Planner City of Temecula 43200 Business Park Drive Temecula, CA 92590 RE: Case No. PA03-0166 Dear Mr. Long: I own and operate the Ramona Tire & Service Center located at 31955 Via Rio Temecula Road, Temecula. I am writing in opposition to your recommended approval of the above referenced project. First, I would like to make you aware that I already have approved building plans (County of Riverside) to'conStruct aself-s6rvice car wash facility on my site, and secondly, that construction has already commenced;. I realize that competition, in and of itself is not enough of a reason to deny an application, however the resulting problems associated should be. I do not believe that the area will support two identical businesses located less than 100 yards apart. I believe that what you will end up with is one or more under-performing businesses. As I am sure you are aware, a business that is not in sound financial condition does not perform the necessary maintenance and/or continue to operate. The last thing the residents of Temecula and Redhawk are going to want to see is a neglected or abandoned ear wash in their neighborhood. Finally, even if I were not constructing an identical business, I would still object to this particular use on that site. I feel that the site is far too hidden to be a safe and secure location for a self-service car wash. When self-serve car washes are not highly visible from a main artery, they tend to attract undesirable elements and nefarious activities. Thank you for your consideration. Sincerely, Cc: Fred Grimes, Don Macek August 21, 2003 To the City of Temecula Planning Commissioners, I am Betty Johnson and I live in Redhawk, across the river fi.om the proposed car wash. I am not in favor of a car wash in this particular spot. I believe the city and the county have not done a good job in coordinating the businesses on this particular stretch of land. The county has akeady approved a selfse~e car wash just two doors down from this property. Down about a half mile is a full serve car wash at the Ultra-Mar Station. Three ear washes within a half mile area would seem to be a hardship on all of them. This could doom this business before it ever got started. Another problem that I see is one of crime. We live in times where it seems a lot ofteenager3are using drags. People look for the best place they can find to sell and use these drags. It seems that the city, the county, and the residents all have an obligation to try to prevent this kind of thing from happening. How do we do this? I think by thinking through each project very carefully. A business that is lit up and open all day and all night without an adult attendant seems like the ideal place for drag transfers to be made. Is there really a need to have an unsupervised business open beyond the shopping center hours? An attendant taking care of the property at all times when it is open, would also go a long way toward preventing a bad-situation. I think there should be some way to lock up this facility when it is closed. Please consider this carefully before you make a decision. Thank you, Betty Johnson 44728 Corte Valencia Temecula, Calif. 92592 909-302-2646 AUG 2 August lB, 2003 City of TemecuLa 43200 Business Park Dr. Temecula, Ca. 92590 To Whom It ~Aay Concern, We the residents of the Ranch Atmos section of Redhawk residential development in Temecula Ca. oppose the proposition of an additona[ car wash on Via Rio TemecuJa Rd. (case no. PA 03-0166). Our homes are Located directly across the riverbed at the proposed Location. This is a potential public nuisance that wiLL adversely affect our property value. Signature Street Address ~ ZO-T q August 18, 2003 City of Temecuta 43200 Business Park Dr. Temecuta, Ca. 92590 AUG 2 I ~0~ ~/ By_ To Whom It May Concern, We the residents of the Ranch Atmos section of Redhawk residential devetopment in Temecuta Ca. oppose the proposition of an additona[ car wash on Via Rio Temecuta Rd. (case no. PA 03-0166). Our homes are located directty across the riverbed at the proposed tocation. This is a potentiat public nuisance that wit[ adversely affect our property value. Si§nature Ausust 18, 2003 City of Temecula 43200 Business Park Dr. Temecu[a, Ca. 92590 To Whom It May Concern, By_ We the residents of the Ranch Almos section of Redhawk residential development in Temecu[a Ca. oppose the proposition of an additona[ car wash on Via Rio Temecula Rd. (case no. PA 03-0166). Our homes are located directly across the riverbed at the proposed location. This is a potentiat public nuisance that witl adversely affect our property value. Signature Street Address ~2 03 'i2:lOp Rv~S~n: Hgmt ~' 909- Regamak Association Cato Avalon Management 29379 Rancho California Road Temecula, California 92591 9-0522 August 19, 2003 City of Temecula Attm Dan Long, Associate Planner 43200 Business Park Drive Temecula, California 92590 Re: Case No. PA03-0166 Dear Mr. Long, Please consider this letter to be our written comments to the Plannhg Director for the public hearing to be held on August 21, 2003 for the above ~-eferenced case number. The.Redhawk CommunltyAssodation understands that this hearing is to add an additional self- sernce car wash to the area. It is also our understanding that mother one is currently under construction, and that one will have an attendant present during most of the hours of operations. Based upon our understandings, we request that the City of Temecuh consider not approving an additional self-service car wash at this location. Should the City of Temecula go ahead with the approv, al, we would request that the owner be required to provide an attendant during the hours of operanons. The Redhawk CommunityAssociafion appreciates your consideration of these concerns. Vet)' truly yours, Mark Jones, as Agent for the Board of Direct6rs Redhawk Community Association