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HomeMy WebLinkAbout110310 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694 -6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS NOTICE TO THE PUBLIC TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE NOVEMBER 3, 2010 — 6:00 PM Earlene Bundy Commissioner Carey Carey, Guerriero, Harter, Kight, and Telesio CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of October 20, 2010 1 Next in Order: Resolution: 10 -19 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 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 - minute time limit for individual speakers. 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.. 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. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 2 A Specific Plan Amendment to the Roripaugh Estates Specific Plan to conditionally permit automated car washes associated with automobile service stations, and a Development Plan and Conditional Use Permit for the construction of a drive - through automated car wash at the existing Arco Gas Station located at the southwest corner of Winchester and Nicolas Roads, Matt Peters RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE RORIPAUGH ESTATES SPECIFIC PLAN TO ALLOW AUTOMOBILE SERVICE STATIONS WITH OR WITHOUT A CAR WASH IN PLANNING AREA 10 UTILIZING THE DEVELOPMENT STANDARDS OF THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT" 2.2 Adopt a resolution entitled: PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09- 0287, A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF A 946- SQUARE FOOT DRIVE -THRU CAR WASH AT THE EXISTING ARCO AM /PM GAS STATION LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER AND NICOLAS ROADS, ADDRESSED AS 40212 WINCHESTER ROAD (APN 920 - 100 - 048)" 2.3 Adopt a resolution entitled: 2 PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09- 0288, A DEVELOPMENT PLAN TO CONSTRUCT A 946- SQUARE FOOT DRIVE -THRU CAR WASH AT THE EXISTING ARCO AM /PM GAS STATION LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER AND NICOLAS ROADS, ADDRESSED AS 40212 WINCHESTER ROAD (APN 920 - 100 - 048)" 2.4 Adopt a resolution entitled: PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING PROGRAM FOR THE CONSTRUCTION AND OPERATION OF A 946 SQUARE FOOT DRIVE -THRU CAR WASH AT THE EXISTING ARCO AM /PM GAS STATION LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER AND NICOLAS ROADS, ADDRESSED AS 40212 WINCHESTER ROAD (APN 920 - 100 - 048)" REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, November 17, 2010, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. NOTICE TO THE PUBLIC - The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. Additionally, any supplemental material distributed to a majority of the Commissioners regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the locations indicated above. The packet will be available for viewing the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.orq. 3 PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of October 6, 2010 APPROVED 4- 0 -1 -0, MOTION BY COMMISSIONER HARTER, SECOND BY COMMISSIONER GUERRIERO; VOICE VOTE REFLECTED APPROVAL; CAREY ABSENT FOR VOTE 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File Director's Hearing Summary Report APPROVED 4- 0 -1 -0, MOTION BY COMMISSIONER HARTER, SECOND BY COMMISSIONER GUERRIERO; VOICE VOTE REFLECTED APPROVAL; CAREY ABSENT FOR VOTE PUBLIC HEARING ITEMS Earlene Bundy RECOMMENDATION: Commissioner Kight 3 Planning Application No. 10 -0002, a Minor Conditional Use Permit to allow Mimi's Cafe to upgrade their existing liquor license from a Type 41 to a Type 47 and install a small entrance gate to the existing outdoor patio area located at 40705 Winchester Road, Eric Jones APPROVED 4- 0 -0 -1, MOTION BY COMMISSIONER TELESIO, SECOND BY COMMISSIONER GUERRIERO; VOICE VOTE REFLECTED APPROVAL; CAREY ABSTAINED 3.1 Adopt a resolution entitled: ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 20, 2010 — 6:00 PM Carey, Guerriero, Harter, Kight, and Telesio Commissioner Carey arrived during Item # 3 vote 1 Next in Order: Resolution: 10 -18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10 -0002, A MINOR CONDITIONAL USE PERMIT TO ALLOW MIMI'S CAFE TO UPGRADE THEIR EXISTING LIQUOR LICENSE FROM A TYPE 41 TO A TYPE 47 AND INSTALL A SMALL ENTRANCE GATE TO THE EXISTING OUTDOOR PATIO AREA GENERALLY LOCATED 1,200 FEET EAST OF THE WINCHESTER ROAD AND YNEZ ROAD INTERSECTION AT 40705 WINCHESTER ROAD (APN 910 - 290 -019) REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, November 3, 2010, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. Carl Carey Chairman PC RESOLUTION 10 -18 2 Patrick Richardson Director of Planning and Redevelopment DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Site: North: South: East: West: -STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION November 3, 2010 Matt Peters, Associate Planner Planning Application Nos. PA09 -0246, a Specific Plan Amendment (text only) to change the permitted uses /development standards for Planning Area 10 of the Roripaugh Estates Specific Plan to the standards of the Neighborhood Commercial zoning district with the addition to conditionally permit automobile service stations with or without an automated car wash. Project proponent proposes future car wash at the existing Arco AM /PM PA09 -0287, a Conditional Use Permit to allow for the operation of a 946 square foot drive -thru car wash at the existing Arco AM /PM gas station PA09 -0288 a Development Plan to construct a 946- square foot drive -thru car wash at the existing Arco AM /PM gas station Approve with Conditions Mitigated Negative Declaration with Mitigation Monitoring Plan Gregory Hann SP -1, Roripaugh Estates NC — Neighborhood Commercial The project site is developed with an Arco AM /PM fueling station and associated convenience market. The site is surrounded by development on all sides. Across Nicolas Road, Rancho Temecula Town Center Shopping Center (Roripaugh Estates Specific Plan) Jack -in- the -Box drive -thru fast food restaurant and office building (Roripaugh Estates Specific Plan) Across Winchester Road, Chaparral High School (Community Commercial zoning /Public Institutional Facilities land use) Chaparral Village Shopping Center (Roripaugh Estates Specific Plan) 1 Existinq /Proposed Min /Max Allowable or Required Lot Area: 1.15 acres existing 30,000 sq. ft. minimum lot size Total Floor Area /Ratio: .12 existing /14 proposed .25 target F.A.R. Landscape Area /Coverage: 25% existing 25% required Parking Required /Provided: 10 existing /12 proposed 12 required (1 being ADA parking) BACKGROUND SUMMARY Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Specific Plan Amendment (SPA) The Specific Plan Amendment is intended to clarify that the uses permitted in Planning Area 10 of Specific Plan No. 164 shall be the same as those permitted in Section 17.080.030 of the City of Temecula Development Code under the NC — Neighborhood Commercial zoning designation. In addition, automobile service stations with or without an automated car wash may be allowed subject to a Conditional Use Permit (CUP). Furthermore, the SPA will clarify that the Development Standards in Section 17.080.040 under Neighborhood Commercial shall apply. Conditional Use Permit (CUP) The proposed self serve, automated, roll -over car wash hours are to be 7 a.m. to 7 p.m. The existing convenience store and fueling facility is open 7 a.m. to 10 p.m., however staff recommended closing the car wash at 7 p.m. in order to minimize impacts to neighboring residential development. The 7 a.m. to 7 p.m. operating time has been included as a Condition of Approval. Development Plan (DP) Site Plan The project features a 946- square foot car wash located on the south side of the existing Arco AM /PM gas station located at the southeast corner of Nicolas and Winchester Roads. This location is appropriate considering that an existing convenience store and 12- station gas pump canopy already occupy much of the site. Good overall vehicular circulation will be maintained at the site with the addition of the car wash given that it will be located on an existing drive aisle that goes around the east and south sides of the building. In addition, access to the site and parking will not be impeded as a result of the project. The car wash is of a design typical to gas stations in that customers remain in their cars while an automated machine assembly completes the washing and drying of the vehicle. An existing vacuum cleaner along Winchester Road will be relocated by the existing pay phone and air /water station. In addition, two new vehicle parking spaces were added to comply with parking requirements. A monument sign is proposed for the corner of Nicolas and Winchester Roads. Staff included a condition of 2 approval that this will be addressed under a separate permit and consistent with the Sign Standards in the Development Code. Architecture The car wash has been designed to aesthetically integrate with the existing gas station convenience store. The overall design theme of the car wash incorporates basic Spanish architectural elements. The stucco finish, paint colors and s -tile roofing will match the existing building. An upgraded solid metal garage door has been included to maintain the design integrity of the building. Landscaping and Sound Wall Minor changes to the landscaping planters and relocation of the existing trash enclosure were required to accommodate the car wash. In addition, a Noise Study prepared for this project indicated a 6' high sound wall was necessary to mitigate noise for the neighboring Jack- in -the- Box drive - through window and neighboring residents. The sound wall has been architecturally integrated with the rest of the building and will contain recesses to accommodate landscaping and vines to "soften" the wall. In addition, an eight -foot wide decomposed granite path will accommodate the heavy foot traffic from the Chaparral High School students who regularly cut through the existing landscaping to get from the sidewalk to the convenience store. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on October 12, 2010 and mailed to the property owners within the required 600 -foot radius. ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and based on an initial study, a Mitigated Negative Declaration has been prepared for the project. A summary of the Mitigation Plan is included below. Cultural Resources General Impact: Directly or indirectly destroying any unique paleontological or archaeological resources. Summary of Mitigation: If any cultural resources are exposed during initial grading and ground disturbance activities the City will be contacted, and a qualified archaeologist will evaluate the resources in consultation with the Pechanga Band of Luiseno Indians. Hazards and Hazardous Materials General Impact: Directly or indirectly exposing people or structures to potential adverse effects from being located within Zone E of the French Valley Airport Influence Area. Summary of Mitigation: The project shall be reviewed and conditioned by ALUC prior to the issuance of any grading or building permits. 3 Noise General Impact: Substantial temporary or periodic increase in ambient noise. Summary of Mitigation: Six -foot high sound wall extending approximately 50 feet to the east and west sides of both entry and exit garage doors of the car wash. FINDINGS Specific Plan Amendment The proposed specific plan amendment is consistent with the General Plan and Development Code. The Specific Plan Amendment identifies a car wash as requiring a Conditional Use Permit and clarifies that the property will be subject to the Development Standards identified for the NC- Neighborhood Commercial zoning district. Car washes are a common ancillary use for a gas station and this proposal meets the development standards for car washes under section 17.08.040.D of the Development Code. The project has been reviewed and conditioned for approval by Building and Safety, Fire, Police, Public Works, and Planning through the Development Review Process (DRC) to ensure compliance with the General Plan, Development Code and all applicable requirements of state law and other ordinances of the City. The proposed Specific Plan Amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City. The Specific Plan Amendment has been reviewed and conditioned by Building and Safety, Fire, Police, Public Works and Planning to ensure that the use will not be detrimental to the health, safety, and general welfare of the community. Furthermore, the project is consistent with the requirements of the General Plan and Development Code, which contain provisions to protect the health, safety, and general welfare of the community. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. The Specific Plan Amendment would facilitate development of an automated car wash attached to an existing gas station. The site is adequate in size and shape to accommodate the car wash, Loading, parking, and vehicular circulation will not be adversely affected by the project as determined by Building and Safety, Fire, Police, Public Works, and Planning through the Development Review Process (DRC), The project will adhere to all other development features described in the Development Code. The proposed Specific Plan Amendment shall ensure development of a desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. 4 The Specific Plan Amendment would allow a car wash to be located within PA90 of the Roripaugh Estates Specific Plan, which is within a heavily traveled commercial corridor that is fully developed. Surrounding uses include a high school, commercial and residential development. An Initial Study has been prepared and mitigation measures have been included to address noise impacts from the car wash blowers on surrounding commercial and residential development. With these and other mitigation measures identified, the project will not adversely affect adjacent uses, buildings or structures. Conditional Use Permit The proposed conditional use is consistent with the General Plan and the Development Code. The proposal, a request for a 946 - square foot automated car wash is consistent with the General Plan and Development Code. This Conditional Use Permit application is accompanied by Specific Plan Amendment and Development Plan applications. The Specific Plan Amendment identifies a car wash as a Conditional Use Permit and clarifies that the property will be subject to the Development Standards identified for the NC- Neighborhood Commercial zoning district. Car washes are a common ancillary use for a gas station and this proposal meets the development standards for car washes under section 17.08.040.D of the Development Code. 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 proposed car wash is to be located on a heavily traveled commercial corridor that is fully developed. Surrounding uses include a high school, commercial and residential development. An Initial Study has been prepared and mitigation measures have been included to address noise impacts from the car wash blowers on surrounding commercial and residential development. With these and other mitigation measures identified, the project will not adversely affect adjacent uses, buildings or structures. 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 for the proposed conditional use is adequate in size and shape to accommodate the car wash. Loading, parking, and vehicular circulation will not be adversely affected by the project as determined by Building and Safety, Fire, Police, Public Works, and Planning through the Development Review Process (DRC). The project will adhere to all other development features described in the Development Code. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community. The conditional use has been reviewed and conditioned by Building and Safety, Fire, Police, Public Works and Planning to ensure that the conditional use is not detrimental to the health, safety, and general welfare of the community. Furthermore, the project is consistent with the requirements of the General Plan and Development Code, which contain provisions to protect the health, safety, and general welfare of the community. 5 That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to approve, conditionally approve, or deny the application is based on substantial evidence in view of the record as a whole before the Planning Commission and City Council. Development Plan The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. This application is accompanied by a Specific Plan Amendment, Conditional Use Permit application, and Mitigated Negative Declaration, The Specific Plan Amendment identifies a car wash as requiring a Conditional Use Permit and clarifies that the property will be subject to the Development Standards identified for the NC- Neighborhood Commercial zoning district. Car washes are a common ancillary use for a gas station and this proposal meets the development standards for car washes under section 17.08.040. D of the Development Code. The project has been reviewed and conditioned for approval by Building and Safety, Fire, Police, Public Works, and Planning through the Development Review Process (DRC) to ensure compliance with the General Plan and all applicable requirements of state law and other ordinances of the City. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The Development Plan has been reviewed and conditioned by Building and Safety, Fire, Police, Public Works and Planning to ensure that the use will not be detrimental to the health, safety, and general welfare of the community. Furthermore, the project is consistent with the requirements of the General Plan and Development Code, which contain provisions to protect the health, safety, and general welfare of the community. ATTACHMENTS Aerial Map Plan Reductions Resolution — Specific Plan Amendment Exhibit A — Proposed Text for Specific Plan Amendment Exhibit B — Draft City Council Ordinance Resolution — Conditional Use Permit Exhibit A — Draft Conditions of Approval Exhibit B — Draft City Council Resolution Resolution — Development Plan Exhibit A — Draft Conditions of Approval Exhibit B — Draft City Council Resolution Resolution — Mitigated Negative Declaration Exhibit A — Initial Study 6 Exhibit B — Mitigation Monitoring Plan Exhibit C — Draft City Council Resolution Copy of Letter Sent to Surrounding Landowners Summary of Public Informational Meeting Notice of Public Hearing City of Temecula of TENtp \ I 989 0 125 250 PA09 -0288 500 Feet This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. Data and information represented on this map are subject to update and modification. The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale. CARWASH / C -STORE 30UTH ELEVATION A CARWASH / C -STORE WEST ELEVATION CARWASH / C -STORE EAST ELEVATION OM 0 Miami ELI 0 WW1 a I.. N1 VA GA HMI .KL M W-011-1 ��......, car a»a er Of Of WO WOO of RONII mmo EMPIRE DESIGN GROUP.. WINCHESTER ROAD SITE PLAN I$ECT 0� _ —B" CROSS SECTIONS m ovr)ss v 9457,:::90.0 L _ .. cys ccM1nFfdl' SFCT1 _t0 NA — A " 8 1 Lt. 11>H ur 8 i3ii..L9d lu_ SE DATA RAM, 10212 VAORSTER IMMIX, en MA• 920-102-044 MAMMA C-STOM; IMO S9 C.00 1000 St 944 I70 CC. C40(04 TM TM TM 0 CM CAM MI 9-14 409-5 CCM, 591 09.1 MIAMC • .CRIa mvo� 950. ..M auw.m 2.409 /790 S 4904 imam ( :4000300 ,099. OH v 9 MOVED TCITN MS. OWNE9/APPLICAM t' 9,99999: 99901:4;499 OL ENCHEIER 17109107940:14 KAM 4 CA 92614 MOM: (90) 9924 MC 9 LL o:a .i:'�oz. SCOPE OF WOF C - 5 4 Silgt 0, 4 9cang c lIg e ,11 0 4 i 4r2 , 424) 00 9941904 PDEX OF DRAW1NO9 As WE PU40 90 CM 99514 00041 PLAN A 19 CM WM41 AMC MIN VIaNRY MAP a HM P [R11 DESIGN CROUP._ `/ ARCO O ¢ O Z M Iy • CE ce F 0 QN s =v 2 -J ¢ H 0 iD N w ¢ N ~ O V • SIT E9u.. AS 1 nnnnn9niminunnnnmmminiuinnnninini CARNA9-1 BAY CARWASH FLOOR PLAN 0 WALL LEGEND: EMPIRE DESIGN GROUP... lall ARCO .` u. A1.OJ EXISTING CONVENIENCE STORE TO REMAIN CARWASH ROOF PLAN 0 s✓.c:v. - - o KEYED NOTES: C) an.o th, a sum.. K100-Y[ SEW A 1.0 0 w Al w[-1a w[a ocsrm cmar 0 9 0 ROSE AT 0 PUN - WT. am s w c -aa WALL LEGEND: E MPIRE \ DESIGN 11 al GROUP,., AhL ARCO oxen, we/ lo flW Ali 2 CARWASH / C -STORE SOUTH ELEVATION CARWASH / C -STORE WEST ELEVATION O D CARWASH / C -STORE EAST ELEVATION KEYED NOTES: O mu.Txr ra wrc sTeco n..m p wt two Di ¢werem ma mm ms,auTm -m xtT A ra Q 9./.991 CIA? Tit KOISG -r0 UMW MT.; C-S7CI Q. wruv rrra Orommas- u¢T..Ia•essm Qi wT wn uura-ra¢rc¢&oitg€ran So GENERAL NOTES: ■M••M MTh 1•••I MM■EM .O■■. MEW .sn• PX ,. ears. 1 FREE STANDING TRELLIS DETAIL EMP1R6� DESIGN ARCO a "'0¢ O ° IIJ O ce 4t U— Q W V Z: Q H 0 N W G N i — O E M A 4.0 555 ,55514511 m ot 4A o nn !MP 111111=1 I I • v EXISTING C -STORE FRONT ELEVATION EXISTING C - STORE SOUTH ELEVATION O EXISTING C -STORE EAST ELEVATION KEYED NOTES: Q t m ` axe d o t ssu¢ w snr mmon rou O cm: :vmaI WOO, srsm.a mvu GENERAL NOTES: EMPIRE \ DESIGN GROUP,., - MI ate T 44- ARCO A4.1 J D TRELLIS • BEAM /COLUMN TRELLIS • BEAM /COLUMN PROPOSED TRASH ENCLSURE FLOOR PLAN PROPOSED TRASH ENCLOSURE SIDE ELEVATION PROPOSED TRASH ENCLOSURE FRONT ELEVATION KEYED NOTES: p mm: d.9. uaoan azw.m Q✓FO mxv(m.a ::a out,a'Cltm1 © maven ou nu-our w.4W W,UQ Q 1.110:0 P05110 x oonwm me [iSM1C,m a wx Qe t qn ¢w. /500'00' Q m macs m,1116 ac C w cm ® Owe aww waer o0am�,0 row. © oaam,n[ a rnr+m wrs 00000 GENERAL NOTES: PANI (.1.91EMCPAt TA MS 'at TO. P E SIG N sopa Es.. GROUP... A4.2 iL Fi U Ft in milamm V U 11 V U U V V D TRELLIS • BEAM /COLUMN TRELLIS • BEAM /COLUMN PROPOSED TRASH ENCLSURE FLOOR PLAN PROPOSED TRASH ENCLOSURE SIDE ELEVATION PROPOSED TRASH ENCLOSURE FRONT ELEVATION KEYED NOTES: p mm: d.9. uaoan azw.m Q✓FO mxv(m.a ::a out,a'Cltm1 © maven ou nu-our w.4W W,UQ Q 1.110:0 P05110 x oonwm me [iSM1C,m a wx Qe t qn ¢w. /500'00' Q m macs m,1116 ac C w cm ® Owe aww waer o0am�,0 row. © oaam,n[ a rnr+m wrs 00000 GENERAL NOTES: PANI (.1.91EMCPAt TA MS 'at TO. P E SIG N sopa Es.. GROUP... A4.2 0 PROPOSED MONUMENT SIGN ■ ep I EXISTING CANOPY EAST ELEVATION TO REMAIN S EXISTING CANOPY NORTH ELEVATION TO REMAIN KEYED NOTES: GENERAL NOTES: DESIGN GROUP. -. ARCO CA 2.0 z1L. am p mp `w.N OW NF 1N1 =';'" k3Pk:34 Car Wash 0 PROPOSED MONUMENT SIGN ■ ep I EXISTING CANOPY EAST ELEVATION TO REMAIN S EXISTING CANOPY NORTH ELEVATION TO REMAIN KEYED NOTES: GENERAL NOTES: DESIGN GROUP. -. ARCO CA 2.0 55' Underground Service Alert CALL' TOLL FREE 1- 600 -422 -4133 180' 30' I I _... s1ou N59'19' 6 I � L - - - -- 85.21 \) STATE HIGHWAY 79 12'13'13 "E 03'1857•[ 15306 8=253 / — - .. / Rm18A.00' u osoo'a1'as' BIERS sterner met Four coroco wx0L LANDSCAPE seer MEP1D MALE CWM14AK AND P.4 0.8 ORS Wn'x 00 L000S/tt nW LEGETATNE RUMP ® s. 1FRE0100 [E U� ' rt /PL SAND Riuu010R ®.uv5 RRM/80c± W/a SR CEThC HEREON 'S RO POOP DRAM LANOSEAPE NAG RECON140.902 BY' ACCEPTED Re Q $E \D 0000x/00¢ covm cowntweret eo.434Y I CONCRETE a SECTION "A —A" 8170 FILTER 3 6 • 0 0R80A A,£T /WREO 000JL SECTION B—H 2WIDE CURB OPENNING PP DEP 6• &L OF Pu8 BU 0188 AND W OY P PUry CARWASH KC or nn0"004PP0000 08 a5 RD. TERESA, WQMP of I 00001 Pi ar.. = i =ry • • WINCHESTER ROAD 0 LANDSCAPE PLANTING PLAN 5�.,.,o.o 1110 10 PROTECT IN .51 3t12 MIER C0 WOW 004.0 P toot mom .5 0s5tts 52 (150).21 -2611. COW. 1111MILER 5111. ALDAGE103. ffn....00wAW ,K 6 . 5«, ALI4 ..m nantiO LE GEND (WOOL M050010 lwr /rOgvOo Y /VE 10 05wlry X 01R 00:2 0 l ▪ 50055 6 10035 M O twee no550 4 50,01050 4 24 800 5 LOX 0 =I= 3500 0.0/05A .. ..4c ./ 00500, 0 0000°"°«. 919V® O 020, Po'am+mn.: Au welted 4 5000 4 CO S AGA 100000510 01011001 bus), sale MINit 11111 501 3 110 5cu 1 rt0 yr0w 1 axrn 1nu xn 100 5 C.1, LOW 5 CAA LOW 5 GAL LOX w 0400020 . w , L'" 1 w LOX mlapv01 Porva'um 1 GAL LOW EMP12E DESIGN 0000UP... ARCO Q Q 10 o Q o Z M H W n tt 1 4 = • V Q F V K ti W C 0 60/ 03002 L1 NaNG P,3 WARTA ROVE cOSfN< 3 roamwJs WINCHESTER ROAD LANDSCAPE DEMOLITION PLAN P I ixOS KAWnvnki RTTZCIn PLAa 1 Pp WIR%a� s EMPIRE DESIGN GROUP ... 4 Y t^— ARCO 0 '° I w � DJ = U Q ~ V 0 Ere N W Q N 5- O d' yttro L2 k MOM -II Ir tur \ppp CARWASH t SOUND WALL SOUTH ELEVATION CARWASH t SOUND WALL FLOOR PLAN vAQIY C. OVER (III ROI PARC a CMU SOUND WALL AND FOUNDATION KEYED NOTES: GENERAL NOTES: E M PI RF; DESIGN G R 0 UP r itt. ;42 kV :"24 =— ARCO ' Z ez ce W O ¢ W W L) U V Z D ¢ H L) tJJ O < J 1- N O V sa.m E.flAm eu:<,wss A 4.2 PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE RORIPAUGH ESTATES SPECIFIC PLAN TO ALLOW AUTOMOBILE SERVICE STATIONS WITH OR WITHOUT A CAR WASH IN PLANNING AREA 10 UTILIZING THE DEVELOPMENT STANDARDS OF THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 4, 2009, Mr. Gregory Hann filed Planning Application No. PA09 -0246, Specific Plan Amendment and on September 22, 2009 Planning Application Nos. PA09 -0287, Conditional Use Permit and PA09 -0288, Development Plan, in a manner in accord with the City of Temecula General Plan and Development Code. B. On November 3, 2010, the Planning Commission recommended approval of Planning Application Nos. PA09 -0246, Specific Plan Amendment; PA09 -0287, Conditional Use Permit; and PA09 -0288 Development Plan C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on November 3, 2010, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of Planning Application Nos. PA09 -0246, Specific Plan Amendment; PA09 -0287, Conditional Use Permit; and PA09- 0288 Development Plan, with a Mitigated Negative Declaration and Mitigation Monitoring Program subject to and based upon the findings set forth thereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of the Application hereby finds, determines and declares that: Specific Plan Amendment Application No. PA09 -0246 is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The proposed Specific Plan Amendment is consistent with the General Plan and Development Code; The Specific Plan Amendment identifies a car wash as requiring a Conditional Use Permit and clarifies that the property will be subject to the Development Standards identified for the NC- Neighborhood Commercial zoning district. Car washes are a common ancillary use for a gas station and this proposal meets the development standards for car washes under section 17.08.040.D of the Development Code. The project has been reviewed and conditioned for approval by Building and Safety, Fire, Police, Public Works, and Planning through the Development Review Process (DRC) to ensure compliance with the General Plan, Development Code and all applicable requirements of State law and other Ordinances of the City. B. The proposed Specific Plan Amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City; The Specific Plan Amendment has been reviewed and conditioned by Building and Safety, Fire, Police, Public Works and Planning to ensure that the use will not be detrimental to the health, safety, and general welfare of the community. Furthermore, the project is consistent with the requirements of the General Plan and Development Code, which contain provisions to protect the health, safety, and general welfare of the community. C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments; The Specific Plan Amendment would facilitate development of an automated car wash attached to an existing gas station. The site is adequate in size and shape to accommodate the car wash. Loading, parking, and vehicular circulation will not be adversely affected by the project as determined by Building and Safety, Fire, Police, Public Works, and Planning through the Development Review Process (DRC). The project will adhere to all other development features described in the Development Code. D. The proposed Specific Plan Amendment shall ensure development of a desirable character which will be compatible with existing and proposed development in the surrounding neighborhood; The Specific Plan Amendment would allow a car wash to be located within PA10 of the Roripaugh Estates Specific Plan, which is within a heavily traveled commercial corridor that is fully developed. Surrounding uses include a high school, commercial and residential development. An Initial Study has been prepared and mitigation measures have been included to address noise impacts from the car wash blowers on surrounding commercial and residential development. With these and other mitigation measures identified, the project will not adversely affect adjacent uses, buildings or structures. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Specific Plan Amendment Application, PA09 -0246: A. Pursuant to California Environmental Quality Act ( "CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Specific Plan Amendment Application, as described in the Initial Study ( "the Project "). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on October 12, 2010, and expired on November 1, 2010. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 43200 Business Park Drive, Temecula, California 92590. C. No written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the November 3, 2010 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby recommends adoption of the Mitigated Negative Declaration prepared for this project. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends approval of Planning Application No. PA09 -0246, Specific Plan Amendment. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 3rd day of November 2010. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss Carl Carey, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 10- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of November 2010, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Patrick Richardson, Secretary j. Planning Area 10. (Neighborhood Commercial) (1) The uses permitted in Planning Are 10 of Specific Plan No. 164 shall be the same as those uses permitted in Section 17.08.030 of the City of Temecula Development Code. In addition, automobile service stations with or without an automated car wash may be allowed subject to a conditional use permit (C.U.P.). (2) The development standards for Planning Are 10 of Specific Plan No. 164 shall be the same as those standards indentified in Section 17.080.040 of the City of Temecula Development Code. A. The front yard shall be not less than twenty -five feet (25') and the rear yard shall be not less than twenty feet (20'). The front yard setback shall be measured from the specific plan street line. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as required for a front setback. B. There are no side yard requirements, except where the side yard abuts a residentially zoned area, in which case buildings shall be set back twenty -five feet (25') from the side lot line. Each side setback shall be measured from side lot line, or from the specific plan street line. In addition, the following standards shall also apply: AA. No lot shall have more than fifty percent (50 %) of its net area covered by buildings or structures. BB. The minimum frontage of a lot shall be twenty -five feet (25') CC. The minimum average width of that portion of a lot to be used as a building site shall be twenty -five feet (25') with a minimum average depth of one hundred feet (100') (3) Except as provided above, all other zoning requirements shall be the same as those requirements indentified in Article IX of Ordinance No. 348. ORDINANCE NO. 10- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE RORIPAUGH ESTATES SPECIFIC PLAN TO ALLOW AUTOMOBILE SERVICE STATIONS WITH OR WITHOUT A CAR WASH IN PLANNING AREA 10 UTILIZING THE DEVELOPMENT STANDARDS OF THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On November 3, 2010, the Planning Commission recommended approval of Planning Application Nos. PA09 -0246, Specific Plan Amendment; PA09 -0287, Conditional Use Permit; and PA09 -0288 Development Plan B. The proposed amendment to the Roripaugh Estates Specific Plan will amend the permitted uses and development standards for Planning Area 10 to the standards of the Neighborhood Commercial zoning district with the addition to allow automobile service stations with or without and automated car wash. In addition, the Specific Plan Amendment application is accompanied by a Conditional Use Permit and Development Plan application. C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ( "CEQA ") and circulated for public review from October 12, 2010 through November 1, 2010 for a 20 -day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 43200 Business Park Drive, Temecula, California 92590. E. On November 3, 2010, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on November 3, 2010, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration and adopt a Mitigation Monitoring and Reporting Program for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application No's. PA09 -0246, Specific Plan Amendment; PA09 -0287, Conditional Use Permit; and PA09 -0288 Development Plan. H. On , the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. Following the public hearing, the Council adopted Resolution No. 10- adopting the Mitigated Negative Declaration and adopted a Mitigation Monitoring and Reporting Program. J. All legal preconditions to the adoption of this Ordinance have occurred. Section 2. Legislative Findings. The City Council in approving the Project hereby finds, determines and declares that: A. The proposed Specific Plan Amendment is consistent with the General Plan and Development Code [Subsection 17.16.20 (Procedures) of Chapter 17.16 (Specific Plan Zoning District) of Title 17 of the Temecula Municipal Code]. B. The proposed Specific Plan Amendment is consistent with the General Plan and Development Code; The Specific Plan Amendment identifies a car wash as requiring a Conditional Use Permit and clarifies that the property will be subject to the Development Standards identified for the NC- Neighborhood Commercial zoning district. Car washes are a common ancillary use for a gas station and this proposal meets the development standards for car washes under section 17.08.040.D of the Development Code. The project has been reviewed and conditioned for approval by Building and Safety, Fire, Police, Public Works, and Planning through the Development Review Process (DRC) to ensure compliance with the General Plan, Development Code and all applicable requirements of State law and other Ordinances of the City. C. The proposed Specific Plan Amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City: The Specific Plan Amendment has been reviewed and conditioned by Building and Safety, Fire, Police, Public Works and Planning to ensure that the use will not be detrimental to the health, safety, and general welfare of the community. Furthermore, the project is consistent with the requirements of the General Plan and Development Code, which contain provisions to protect the health, safety, and general welfare of the community. D. The subject property is physically suitable for the requested land use designations and the anticipated land use developments; The Specific Plan Amendment would facilitate development of an automated car wash attached to an existing gas station. The site is adequate in size and shape to accommodate the car wash. Loading, parking, and vehicular circulation will not be adversely affected by the project as determined by Building and Safety, Fire, Police, Public Works, and Planning through the Development Review Process (DRC). The project will adhere to all other development features described in the Development Code. E. The proposed Specific Plan Amendment shall ensure development of a desirable character which will be compatible with existing and proposed development in the surrounding neighborhood; The Specific Plan Amendment would allow a car wash to be located within Planning Area 10 of the Roripaugh Estates Specific Plan, which is within a heavily traveled commercial corridor that is fully developed. Surrounding uses include a high school, commercial and residential development. An Initial Study has been prepared and mitigation measures have been included to address noise impacts from the car wash blowers on surrounding commercial and residential development. With these and other mitigation measures identified, the project will not adversely affect adjacent uses, buildings or structures. Section 3. The City Council hereby amends the existing Roripaugh Estates Specific Plan on file with the City of Temecula City Clerk's office. Section 4. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2010. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Jeff Comerchero, Mayor I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 10- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0287, A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF A 946- SQUARE FOOT DRIVE - THRU CAR WASH AT THE EXISTING ARCO AM /PM GAS STATION LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER AND NICOLAS ROADS, ADDRESSED AS 40212 WINCHESTER ROAD (APN 920 - 100 - 048)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 4, 2009, Mr. Gregory Hann filed Planning Application No. PA09 -0246, Specific Plan Amendment and on September 22, 2009 Planning Application Nos. PA09 -0287, Conditional Use Permit and PA09 -0288, Development Plan in a manner in accord with the City of Temecula General Plan and Development Code. B. On November 3, 2010, the Planning Commission recommended approval of Planning Application Nos. PA09 -0246, Specific Plan Amendment; PA09 -0287, Conditional Use Permit; and PA09 -0288 Development Plan C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on November 3, 2010, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of Planning Application Nos. PA09 -0246, Specific Plan Amendment; PA09 -0287, Conditional Use Permit; and PA09- 0288 Development Plan with a Mitigated Negative Declaration and Mitigation Monitoring Program subject to and based upon the findings set forth thereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of the Application hereby finds, determines and declares that: Conditional Use Permit Application PA09 -0287 is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposal, a request for a 946- square foot automated car wash is consistent with the General Plan and Development Code. This Conditional Use Permit application is accompanied by Specific Plan Amendment and Development Plan applications. The Specific Plan Amendment identifies a car wash as a Conditional Use Permit and clarifies that the property will be subject to the Development Standards identified for the NC- Neighborhood Commercial zoning district. Car washes are a common ancillary use for a gas station and this proposal meets the development standards for car washes under section 17.08.040.D of the Development Code. 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 proposed car wash is to be located on a heavily traveled commercial corridor that is fully developed. Surrounding uses include a high school, commercial and residential development. An Initial Study has been prepared and mitigation measures have been included to address noise impacts from the car wash blowers on surrounding commercial and residential development. With these and other mitigation measures identified, the project will not adversely affect 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 for the proposed conditional use is adequate in size and shape to accommodate the car wash. Loading, parking, and vehicular circulation will not be adversely affected by the project as determined by Building and Safety, Fire, Police, Public Works, and Planning through the Development Review Process (DRC). The project will adhere to all other development features described in the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community; The conditional use has been reviewed and conditioned by Building and Safety, Fire, Police, Public Works and Planning to ensure that the conditional use is not detrimental to the health, safety, and general welfare of the community. Furthermore, the project is consistent with the requirements of the General Plan and Development Code, which contain provisions to protect the health, safety, and general welfare of the community. E. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to approve, conditionally approve, or deny the application is based on substantial evidence in view of the record as a whole before the Planning Commission and City Council. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application, PA09 -0287: A. Pursuant to California Environmental Quality Act ( "CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Specific Plan Amendment Application, as described in the Initial Study ( "the Project "). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on October 12, 2010, and expired on November 1, 2010. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 43200 Business Park Drive, Temecula, California 92590. C. No written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the November 3, 2010 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby recommends adoption the Mitigated Negative Declaration prepared for this project. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends approval of Planning Application No. PA09 -0287, Conditional Use Permit. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 3rd day of November 2010. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA Carl Carey, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 10- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of November 2010, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Patrick Richardson, Secretary Planning Application No.: PA09 -0287 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Project Description: A Conditional Use Permit to allow for the operation of a 946- square foot drive -thru car wash at the existing Arco AM /PM gas station Assessor's Parcel No.: 920 - 100 -048 MSHCP Category: Commercial — to be paid under PA09 -0288, Development Plan DIF Category: Retail Commercial — to be paid under PA09 -0288, Development Plan TUMF Category: Retail Commercial —to be paid under PA09 -0288, Development Plan Approval Date: November 3, 2010 Expiration Date: November 3, 2012 PLANNING DEPARTMENT General Requirements PL -1. All Conditions of Approval for PA09 -0288, Development Plan for the Car Wash at an existing Arco AM /PM shall apply to the Conditional Use Permit. PL -2. The attached Statement of Operations shall be amended to reflect revised hours of operation from 7 a.m. to 7 p.m. (not 10 p.m.). PL -3. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, 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 condition or other code violation thereon. PL -4. 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 instrumentalitythereof, 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. PL -5. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -6. This approval shall be used within two 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 year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -7. The Planning Director may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one -year extensions of time, one year at a time. PL -8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department (PA09- 0288). PL -9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. June 3, 2010 EMPIRE DrsIiN GROUP, INC. City of Temecula Planning Department 43200 Business Park Drive Temecula, California 92589 Re: Proposed Car Wash Addition Existing ARCO Facility # 06305 40212 Winchester Road Temecula, CA 92591 EDG #3029 24861 Washington Ave, Murrieta CA 92562 MAILING ADDRESS: P.O. Box 944 Murrieta CA, 92564 Ph (951) 696 -1490 Fax (951) 696 -1443 ghannPempirexr.biz STATEMENT OF OPERATIONS The proposed car wash hours of operation are to be 7am to 1 Opm as is the existing convenience store and fueling facility. There are no employees required as this will be a self - serve roll -over car wash. Two additional parking spaces will be added to allow for customer vacuuming. The majority of the traffic generated for the car wash is from existing customers on- site. The car wash equipment is pre- manufactured and assembled on site. All water used to operate the car wash is to be recycled. If there are any further questions please do not hesitate to contact our office. Gregory S. Hann, Architect State of California License # 26663 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0287, A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF A 946- SQUARE FOOT DRIVE -THRU CAR WASH AT THE EXISTING ARCO AM /PM GAS STATION LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER AND NICOLAS ROADS ADDRESSED AS 40212 WINCHESTER ROAD (APN 920- 100 -048) Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On August 4, 2009, Mr. Gregory Hann filed Planning Application No. PA09 -0246, Specific Plan Amendment and on September 22, 2009 Planning Application Nos. PA09 -0287, Conditional Use Permit and PA09 -0288, Development Plan in a manner in accord with the City of Temecula General Plan and Development Code. B. On November 3, 2010, the Planning Commission recommended approval of Planning Application Nos. PA09 -0246, Specific Plan Amendment; PA09 -0287, Conditional Use Permit; and PA09 -0288 Development Plan C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ( "CEQA ") and circulated for public review from October 12, 2010 through November 1, 2010 for a 20 -day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 43200 Business Park Drive, Temecula, California 92590. E. On November 3, 2010, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on November 3, 2010, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA09 -0287, Conditional Use Permit and PA09 -0288, Development Plan in a manner in accord with the City of Temecula General Plan and Development Code. H. On , the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. Following the public hearing, the Council adopted Resolution No. 10- adopting the Mitigated Negative Declaration, and Mitigation monitoring Program. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Conditional Use Permit hereby finds, determines and declares that: A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposal, a request for a 946- square foot automated car wash is consistent with the General Plan and Development Code. This Conditional Use Permit application is accompanied by Specific Plan Amendment and Development Plan applications. The Specific Plan Amendment identifies a car wash as a Conditional Use Permit and clarifies that the property will be subject to the Development Standards identified for the NC- Neighborhood Commercial zoning district. Car washes are a common ancillary use for a gas station and this proposal meets the development standards for car washes under section 17.08.040.D of the Development Code. 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 proposed car wash is to be located on a heavily traveled commercial corridor that is fully developed. Surrounding uses include a high school, commercial and residential development. An Initial Study has been prepared and mitigation measures have been included to address noise impacts from the car wash blowers on surrounding commercial and residential development. With these and other mitigation measures identified, the project will not adversely affect 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 for the proposed conditional use is adequate in size and shape to accommodate the car wash. Loading, parking, and vehicular circulation will not be adversely affected by the project as determined by Building and Safety, Fire, Police, Public Works, and Planning through the Development Review Process (DRC). The project will adhere to all other development features described in the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community; The conditional use has been reviewed and conditioned by Building and Safety, Fire, Police, Public Works and Planning to ensure that the conditional use is not detrimental to the health, safety, and general welfare of the community. Furthermore, the project is consistent with the requirements of the General Plan and Development Code, which contain provisions to protect the health, safety, and general welfare of the community. E. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to approve, conditionally approve, or deny the application is based on substantial evidence in view of the record as a whole before the Planning Commission and City Council. Section 3. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2010. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Jeff Comerchero, Mayor I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2010, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0288, A DEVELOPMENT PLAN TO CONSTRUCT A 946- SQUARE FOOT DRIVE -THRU CAR WASH AT THE EXISTING ARCO AM /PM GAS STATION LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER AND NICOLAS ROADS, ADDRESSED AS 40212 WINCHESTER ROAD (APN 920 - 100 - 048)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 4, 2009, Mr. Gregory Hann filed Planning Application No. PA09 -0246, Specific Plan Amendment and on September 22, 2009 Planning Application Nos. PA09 -0287, Conditional Use Permit and PA09 -0288, Development Plan, in a manner in accord with the City of Temecula General Plan and Development Code. B. On November 3, 2010, the Planning Commission recommended approval of Planning Application Nos. PA09 -0246, Specific Plan Amendment; PA09 -0287, Conditional Use Permit; and PA09 -0288 Development Plan C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on November 3, 2010, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of Planning Application No's. PA09 -0246, Specific Plan Amendment; PA09 -0287, Conditional Use Permit; and PA09- 0288 Development Plan with a Mitigated Negative Declaration and Mitigation Monitoring Program subject to and based upon the findings set forth thereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of the Application hereby finds, determines and declares that: Development Plan Application PA09 -0288 is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; This application is accompanied by a Specific Plan Amendment, Conditional Use Permit application, and Mitigated Negative Declaration. The Specific Plan Amendment identifies a car wash as requiring a Conditional Use Permit and clarifies that the property will be subject to the Development Standards identified for the NC- Neighborhood Commercial zoning district. Car washes are a common ancillary use for a gas station and this proposal meets the development standards for car washes under section 17.08.040.D of the Development Code. The project has been reviewed and conditioned for approval by Building and Safety, Fire, Police, Public Works, and Planning through the Development Review Process (DRC) to ensure compliance with the General Plan and all applicable requirements of State law and other Ordinances of the City. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The Development Plan has been reviewed and conditioned by Building and Safety, Fire, Police, Public Works and Planning to ensure that the use will not be detrimental to the health, safety, and general welfare of the community. Furthermore, the project is consistent with the requirements of the General Plan and Development Code, which contain provisions to protect the health, safety, and general welfare of the community. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan Application, PA09 -0288: A. Pursuant to California Environmental Quality Act ( "CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Specific Plan Amendment Application, as described in the Initial Study ( "the Project "). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a (Mitigated) Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on October 12, 2010, and expired on November 1, 2010. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 43200 Business Park Drive, Temecula, California 92590. C. No written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the November 3, 2010 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby recommends adoption of the Mitigated Negative Declaration prepared for this project. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends approval of Planning Application No. PA09 -0288, Development Plan with Mitigated Negative Declaration and Mitigation Monitoring Program. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 3rd day of November 2010. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss Carl Carey, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 10- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of November 2010, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Patrick Richardson, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09 -0288 Project Description: A Development Plan to construct a 946- square foot drive -thru car wash at the existing Arco AM /PM gas station Assessor's Parcel No.: 920 - 100 -048 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Approval Date: November 3, 2010 Expiration Date: November 3, 2012 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. 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 Two Thousand Seventy -Four Dollars and Twenty -Five Cents ($2,074.25) which includes the Two Thousand Ten Dollar and Twenty -Five Cent ($2,010.25) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty -Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 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 due to failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements PL -2. 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 instrumentalitythereof, 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. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two 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 year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one -year extensions of time, one year at a time. PL -6. This project and all subsequent projects within this site shall be consistent with Specific Plan No. SP -164, Roripaugh Estates and as amended by PA09 -0246, Specific Plan Amendment (text only) to change the permitted uses /development standards for Planning Area 10 of the Roripaugh Estates Specific Plan to the standards of the Neighborhood Commercial zoning district with the addition to conditionally permit automobile service stations with or without an automated car wash. PL -7. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the associated Mitigated Negative Declaration for this project. PL -8. A separate building permit shall be required for all signage. PL -9. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -10. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director 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. PL -11. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -12. The "crushed rock" path indicated on the Landscape Plan at the corner of Nicolas and Winchester Roads shall be decomposed granite or other material that meets ADA accessibility standards satisfactory to the Building Department. PL -13. The applicant shall paint a three -foot by three -foot section of the building for Planning Department inspection, prior to commencing painting of the building. PL -14. The applicant shall submit to the Planning Department for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and Elevations shall be readable on the photographic prints. PL -15. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. MATERIAL COLOR Decorative Solid Metal Garage Door To Match Field Color on existing c -store Exterior Stucco Finish (body and trim) Paint to match existing c -store Clay Spanish Tile To match existing c -store Sound Wall and Tile Paint to match existing c -store with porcelain glazed tile — Chianti color PL -16. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL -17. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Planning Director. PL -18. The applicant shall comply with their Statement of Operations dated June 3, 2010, except as amended under PA09 -0287 to specify hours of operation from 7 a.m. to 7 p.m. (not 10 p.m.), on file with the Planning Department, unless superseded by these Conditions of Approval. PL -19. This Conditional Use Permit associated with this project under PA09 -0287 may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -20. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, 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 condition or other code violation thereon. PL -21. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. PL -22. The applicant shall comply with the Public Art Ordinance. PL -23. All parkways, including within the right -of -way, entryway median, landscaping, walls, fencing, recreational facilities and on -site lighting shall be maintained by the property owner or maintenance association. PL -24. All costs associated with the relocation of any existing streetlights shall be paid for by the developer. PL -25. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. PL -26. Regular monitoring of the facility by an attendant shall be provided during business hours to control noise, litter and other nuisances. Prior to Issuance of Grading Permit(s) PL -27. The applicant shall have the project reviewed and conditioned by the French Valley Airport Land Use Commission (ALUC). PL -28. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. PL -29. Double detector check valves shall be installed internal to the project site at locations not visible from the public right -of -way, subject to review and approval by the Planning Director. PL -30. The applicant shall comply with the Cultural Resources Mitigation Measures identified in the MND for this project. PL -31. The following shall be included in the Notes Section of the Grading Plan: "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 Planning Director at his /her sole discretion may require the property owner 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 discovery is not an archaeological/ cultural resource, the Planning Director 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 Planning Director 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 Planning Director." PL -32. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. PL -33. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit(s) PL -34. The applicant shall have the project reviewed and conditioned by the French Valley Airport Land Use Commission (ALUC). PL -35. All downspouts shall be internalized. PL -36. Four copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. PL -37. The Landscaping and Irrigation Plans shall provide a minimum five -foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. PL -38. The Landscaping and Irrigation Plans shall include a note stating that "Three landscape site inspections are required. The first inspection will verify that the irrigation mainline is capable of being pressurized to 150 psi fora minimum period of two hours without loss of pressure, which will require inspection of irrigation installation of open trenches. The second inspection will verify that all irrigation systems have head -to -head coverage, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify proper landscape maintenance for release of the one year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL -39. The Landscaping and Irrigation Plans shall include a note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." PL -40. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. PL -41. 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. PL -42. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL -43. All WQMP treatment devices, including design details, shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Planning Director. PL -44. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three -foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after - thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. PL -45. Building plans shall indicate that all roof hatches shall be painted "International Orange." Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -46. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right -of -ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right -of -way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Planning Director. PL -47. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Planning Director. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL -48. Performance securities, in amounts to be determined by the Planning Director, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Planning Director, the bond shall be released upon request by the applicant. PL -49. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off - street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: PL -50. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. PL -51. All site improvements including but not limited to parking areas and striping shall be installed. PL -52. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696- 3000." PL -53. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated October 14, 2009, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT General Conditions /Information B -1. Obtain street addressing for all proposed buildings. B -2. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B -3. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. B -4. Obtain all building plans and permit approvals prior to commencement of any construction work. B -5. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B -6. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one - quarter mile of an occupied residence. The permitted hours of construction are Monday through Friday from 7:00 a.m. to 6:30 p.m., and Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. B -7. The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Ordinance 03 -01 and the fee schedule in effect at the time of building permit issuance. At Plan Review Submittal B -8. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B -9. Provide truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Building Permit(s) B -10. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B -11. A pre- construction meeting is required with the building inspector priorto the start of the building construction. FIRE PREVENTION General Requirements F -1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. F -2. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5, Section 503.4). F -3. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5, Section 503.2, 503.4 and Temecula City Ordinance 15.16.020 Section E). F -4. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers. (CFC Chapter 5, Section 505.1 and Temecula City Ordinance 15.16.020 Section E). PUBLIC WORKS DEPARTMENT General Requirements PW -1. Unless otherwise noted, all conditions shall be completed bythe developer at no cost to any Government Agency. It is understood that the developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PW -2. A Grading Permit for 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. PW -3. 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. PW -4. 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. PW -5. The project shall include construction -phase pollution prevention controls and permanent post- construction water quality protection measures into the design of the project to prevent non - permitted runoff from discharging off site or entering any storm drain system or receiving water. PW -6. A Water Quality Management Plan (WQMP) must be accepted by the City prior to the initial grading plan check. The WQMP will be prepared by a registered civil engineer and include site design Best Management Practices, (BMPs) source controls, and treatment mechanisms. Prior to Issuance of Grading Permit(s) PW -7. A grading plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards, and shall be reviewed and approved by the Department of Public Works prior to the commencement of grading. The grading plan shall include all necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion. PW -8. 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 in accordance with Grading Ordinance Section 18.24.120. PW -9. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soil conditions of the site, and provide recommendations forthe construction of engineered structures and pavement sections. PW -10. 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. PW -11. PW -12. PW -13. PW -16. PW -17. PW -18. Construction -phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the San Diego Regional Water Quality Board, Riverside County Flood Control and Water Conservation District, Planning Department, or other affected agencies. PW -14. 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. PW -15. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. The developer shall obtain letters of approval for any off site work performed on adjoining properties. The letters shall be in format as directed by the Department of Public Works. 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. PW -19. Prior to Issuance of Building Permit PW -20. PW -21. PW -22. PW -23. PW -24. Prior to Issuance of Certificate of Occupancy PW -25. PW -26. PW -27. The site is in an area identified on the Flood Insurance Rate Map. This project shall comply with Chapter 15.12 of the Temecula Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. The developer shall dedicate an additional 25 feet of right -of -way along its property frontage on Winchester Road. The right -of -way dedication shall be submitted and approved by the Department of Public Works. A construction area Traffic Control Plan shall be designed by a registered civil or traffic engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 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. 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. 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. The project shall demonstrate the pollution prevention BMPs outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. As deemed necessary by the Department of Public Works the developer shall receive written clearance from Rancho California Water District, Eastern Municipal Water District, or other affected agencies. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. PW -28. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. L� City of Temecula Planning Department c/o Cheryl Kitzerow/Matt Peters PO BOX 9033 Temecula, CA 92589 -9033 14 October 2009 RE: PA09 -0246 COU1ffY OF RIVERSIDE • COMMUAITY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH Associated with PA09 -0287 and PA09 -0288. RECEIVED OCT 21 ,.e.9 By The Department of Environmental Health (DEH) has received and reviewed the PA09- 0246 for the Specific Plan Amendment (SPA) (text only) to change the permitted uses /development standards for Planning Area 10 of the Roripaugh Estates Specific Plan to the standards of the Neighborhood Commercial zoning district with the addition to permit automobile service stations with or without an automated car wars. Project proponent proposes future car wash at the existing Arco AM/PM at the southeast comer of Winchester & Nicolas Roads, located at 40212 Winchester Road (APN 920100 - 048). The SPA is filed under the applicant: Gregory S. Hann. The DEH has reviewed the SPA and has no objections. Sanitary sewer and potable water are available in this area. The sewer purveyor will be required to condition the car wash so that the collection pits serving the recycled water will not overflow. Frequent pumping may be required. Flow meter readings from other such facilities (PP 10700- Shell Station at Box Springs) revealed 343 gallons per day from the Mart, 300 gallons per day from the Restrooms and 514 gallons per day from the Car Wash. An interceptor designed to the standards of the purveyor at time of building permit issuance will be required for the proposed car wash. If your have any questions, please do not hesitate to call me at 951.955.8980 regor Dellenbach, REHS EHS091019 Local Enfor cement..Agency • h.U. Bo); 1280, Riverside. CA 92502•1' 51 955 -8952 • FAX (951) 8 1 -S)66 • 4080 L.:mc;r Street. 9th Ho() nor. R do Lcind 11se and Water Engineering POD •Box •i206. Riverside. CA 92502 955 -8980 A.v t95 955-89 03 • 4080 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0288, A DEVELOPMENT PLAN TO CONSTRUCT A 946 SQUARE FOOT DRIVE -THRU CAR WASH AT THE EXISTING ARCO AM /PM GAS STATION LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER AND NICOLAS ROADS, ADDRESSED AS 40212 WINCHESTER ROAD (APN 920 - 100 -048) Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On August 4, 2009, Mr. Gregory Hann filed Planning Application No. PA09 -0246, Specific Plan Amendment and on September 22, 2009 Planning Application Nos. PA09 -0287, Conditional Use Permit and PA09 -0288, Development Plan, in a manner in accord with the City of Temecula General Plan and Development Code. B. On November 3, 2010, the Planning Commission recommended approval of Planning Application Nos. PA09 -0246, Specific Plan Amendment; PA09 -0287, Conditional Use Permit; and PA09 -0288 Development Plan C. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ( "CEQA ") and circulated for public review from October 12, 2010 through November 1, 2010 for a 20 -day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 43200 Business Park Drive, Temecula, California 92590. E. On November 3, 2010, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on November 3, 2010, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including Planning Application Nos. PA09 -0287, Conditional Use Permit and PA09 -0288, Development Plan in a manner in accord with the City of Temecula General Plan and Development Code. H. On , the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. Following the public hearing, the Council adopted Resolution No. 10- adopting the Mitigated Negative Declaration and Mitigation Monitoring Program. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Development Plan hereby finds, determines and declares that: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; This application is accompanied by a Specific Plan Amendment, Conditional Use Permit application, and Mitigated Negative Declaration. The Specific Plan Amendment identifies a car wash as requiring a Conditional Use Permit and clarifies that the property will be subject to the Development Standards identified for the NC- Neighborhood Commercial zoning district. Car washes are a common ancillary use for a gas station and this proposal meets the development standards for car washes under Section 17.08.040.0 of the Development Code. The project has been reviewed and conditioned for approval by Building and Safety, Fire, Police, Public Works, and Planning through the Development Review Process (DRC) to ensure compliance with the General Plan and all applicable requirements of State law and other Ordinances of the City. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The Development Plan has been reviewed and conditioned by Building and Safety, Fire, Police, Public Works and Planning to ensure that the use will not be detrimental to the health, safety, and general welfare of the community. Furthermore, the project is consistent with the requirements of the General Plan and Development Code, which contain provisions to protect the health, safety, and general welfare of the community. Section 2. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2010. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Jeff Comerchero , Mayor I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2010, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING PROGRAM FOR THE CONSTRUCTION AND OPERATION OF A 946 SQUARE FOOT DRIVE -THRU CAR WASH AT THE EXISTING ARCO AM /PM GAS STATION LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER AND NICOLAS ROADS, ADDRESSED AS 40212 WINCHESTER ROAD (APN 920 - 100 - 048)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 4, 2009, Mr. Gregory Hann filed Planning Application No. PA09 -0246, Specific Plan Amendment and on September 22, 2009 Planning Application Nos. PA09 -0287, Conditional Use Permit and PA09 -0288, Development Plan. in a manner in accord with the City of Temecula General Plan and Development Code. B. On November 3, 2010, the Planning Commission recommended approval of Planning Application Nos. PA09 -0246, Specific Plan Amendment; PA09 -0287, Conditional Use Permit; and PA09 -0288 Development Plan C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on November 3, 2010, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of Planning Application Nos. PA09 -0246, Specific Plan Amendment; PA09 -0287, Conditional Use Permit; and PA09- 0288 Development Plan with a Mitigated Negative Declaration and Mitigation Monitoring Program subject to and based upon the findings set forth thereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of Planning Application No's PA09 -0287, Conditional Use Permit and PA09 -0288, Development Plan A. Pursuant to California Environmental Quality Act ( "CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Specific Plan Amendment Application, as described in the Initial Study ( "the Project "). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a (Mitigated) Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on October 12, 2010, and expired on November 1, 2010. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 43200 Business Park Drive, Temecula, California 92590. C. No written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the November 3, 2010 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby adopts the Mitigated Negative Declaration prepared for this project. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 3rd day of November 2010. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss Carl Carey, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 10- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of November 2010, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Patrick Richardson, Secretary City of Temecula P.O. Box 9033, Temecula, CA 92589 -9033 Environmental Checklist Project Title Roripaugh Estates Specific Plan Amendment, Conditional Use Permit and Development Plan for a Drive Through Car Wash at ARCO AM /PM Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589 -9033 Contact Person and Phone Number Matt Peters (951) 694 -6408 Project Location The project site is located at the southeast corner of Winchester Road and Nicolas Road in the City of Temecula, addressed as 40212 Winchester Road Project Sponsor's Name and Address Gregory Hann, 41891 Kalmia St., Murrieta CA 92562 General Plan Designation Neighborhood Commercial (NC) Zoning Specific Plan 1, Roripaugh Estates Specific Plan Description of Project PA09 -0246 - A Specific Plan Amendment (text only) to change the permitted uses /development standards for Planning Area 10 of the Roripaugh Estates Specific Plan to the standards of the Neighborhood Commercial zoning district with the addition to conditionally permit automobile service stations with or without an automated car wash. Project proponent proposes future car wash at the existing Arco AM /PM PA09 -0287 - A Conditional Use Permit to allow for the operation of a 946 square foot drive -thru car wash at the existing Arco AM /PM gas station PA09 -0288 - A Development Plan to construct a 946 square foot drive -thru car wash at the existing Arco AM /PM gas station Surrounding Land Uses and Setting The project site is developed with an Arco AM /PM fueling station and associated convenience market. The site is surrounded by development on all sides. North — Across Nicolas Road, Rancho Temecula Town Center Shopping Center (Roripaugh Estates Specific Plan) South — Jack -in- the -Box drive through fast food restaurant and office building (Roripaugh Estates Specific Plan) East — Across Winchester Road, Chaparral High School (Community Commercial zoning /Public Institutional Facilities land use) West — Chaparral Village Shopping Center (Roripaugh Estates Specific Plan) Other public agencies whose approval is required None Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Mineral Resources Agriculture Resources X Noise Air Quality Population and Housing Biological Resources Public Services X Cultural Resources Recreation Geology and Soils Transportation /Traffic X Hazards and Hazardous Materials Utilities and Service Systems Greenhouse Gas Emissions Mandatory Findings of Significance Hydrology and Water Quality None Land Use and Planning Determination (To be completed by the lead agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Printed Name Date For 1. AESTHETICS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Have a substantial adverse effect on a scenic vista? x b Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? x c Substantially degrade the existing visual character or quality of the site and its surroundings? x d Create a new source of substantial Tight or glare which would adversely affect day or nighttime views in the area? x Comments: 1.a. No Impact: There are no designated scenic vistas affected by the project. The Community Design Element of the City of Temecula's General Plan identifies important scenic viewsheds to ensure that all new public and private development projects will not obstruct the public views of scenic resources. According to the General Plan exhibit on page CD -5, the subject property has not been identified as a viewshed, nor is the project located in close proximity to an identified viewshed. Therefore, no scenic vistas or identified viewsheds will be affected by the proposed drive - through car wash at the existing fueling station. 1.b. No Impact: The project site is not located on a scenic highway. No trees, rock outcroppings or historic buildings will be affected by the proposed project. The project site is flat and fully developed. As addressed above in section 1.a. and according to the General Plan, the project site contains no scenic vistas or viewsheds. There are no historical buildings that exist on site and no tree resources that would be impacted on the property, therefore no impact is anticipated and no mitigation measures are required. 1.c. Less than Significant Impact: The site has been disturbed and is developed. Planning staff has reviewed the proposed Specific Plan Amendment, Development Plan and Conditional Use Permit, and has determined that the project will not degrade the existing visual character or quality of the site or its surroundings given the intensity of surrounding development. The project is consistent with the existing visual character in this area of the City. The project will not degrade the existing character of the community or the immediately surrounding areas, as the proposed drive - through will be located at the rear of the property and will be architecturally compatible with the existing convenience market on -site. A less than significant impact is anticipated. 1.d. Less than Significant Impact: The proposed project will create minimal new sources of substantial light or glare that may adversely affect the day or nighttime views within the project area. The project will include the construction of a new 946 square foot drive - through car wash. The construction of this commercial use will introduce new sources of light and glare typically associated with new development; however the City of Temecula requires all new development to comply with the Palomar Lighting Ordinance (Ordinance 655). Ordinance 655 requires that all lighting be shielded and directed downward to avoid glare on adjacent properties, and ensure low levels of glare in the sky. Lighting issues will be addressed, during the building plan check and inspection process, prior to the issuance of any building permits for the new building. Therefore, since the project will be required to be in compliance with Ordinance 655, it will not adversely affect the day or nighttime views or create substantial light or glare, resulting in a less than significant impact. 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? x b Conflict with existing zoning for agricultural use, or a Williamson Act contract? x c Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? x Comments: 2.a, c. No Impact: The project site is not currently in agricultural production and will not convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to a non - agricultural use. This property is not considered Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, pursuant the Farmland Mapping and Monitoring Program of the California Resources Agency or the City of Temecula's General Plan. Therefore, there are no impacts related to this issue. 2.b. No Impact: The project site does not have an agricultural zoning designation by the City of Temecula, and the site is not regulated by a Williamson Act contract. Consequently, there are no impacts related to this issue. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Conflict with or obstruct implementation of the applicable air quality plan? X b Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X d Expose sensitive receptors to substantial pollutant concentrations? X e Create objectionable odors affecting a substantial number of people? X Comments: A Statement of Overriding Considerations was adopted with the City's General Plan EIR for City -wide Air Quality impacts, primarily from mobile sources. 3.a. -c.: Less then Significant Impact: The project site is located within the Temecula Planning Area which is surrounded by mountains to the west, east and south. The project site is located within the southernmost portion of the South Coast Air Quality Basin. The South Coast Air Quality Management District (SCAQMD) has jurisdiction over stationary source air quality emissions and issues within the South Coast Air Quality Basin. The proposed project will not conflict with any applicable air quality plans nor violate air quality or pollution standards. The City of Temecula General Plan EIR states that air pollutant levels in the basin regularly exceed State and Federal air quality standards. Development forecast for the region will generate increased emission levels from construction, transportation, and stationary sources. Cumulative impacts will be partially reduced by the implementation and achievement of emissions levels identified in the South Coast Air Quality Management Plan and air quality components within the County of Riverside General Plan and General Plans of other local jurisdictions. However, combined emissions from Temecula and other developed areas within the basin are expected to continue to exceed State and Federal standards. The applicant contacted Gordon Mize from SCAQMD and was directed to complete an URBEMIS Report. The report concluded that there will not be a significant change in emissions due to the addition of the car wash. The implementation of the goals and policies of the General Plan, and the continued implementation of the associated mitigation measures adopted with the General Plan EIR, will result in a less than significant impact as a result of this project. 3.d. Less Than Significant Impact: Sensitive receptors include the very young, elderly, and persons suffering from illness and are normally associated with locations such as schools, daycare facilities, convalescent care facilities, medical facilities, and residential areas. Sensitive Receptors as shown on page AQ -7, Figure AQ -2 "Sensitive Receptors," within the Air Quality and Land Use Element of the City of Temecula General Plan are located across Winchester Road from the project site (Chaparral High School). All development projects are subject to the implementation of BMP's. Any potential nuisance during construction can be minimized by the combination of mandatory control programs (Best Management Practices, BMP's) as required in the project- related SWPPP (Storm Water Pollution Prevention Plan) and by SCAQMD (South Coast Air Quality Management District), some of which are listed below: Construction BMP's • Use of Best Available Control Measures pursuant to Air Quality Management District guidelines for PM -10 and for diesel equipment exhaust; and during all grading activities • Water all active construction areas three times daily • Cover all haul trucks or wet down dirt maintaining at least two feet of freeboard • Pave or apply water four times daily to all unpaved parking or staging areas • Reduce speed on unpaved areas of the project site to less than 15 miles per hour • Sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material • Suspend all operations on any unpaved surface if winds exceed 25 miles per hour • Hydroseed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed • 90 -day low -NOx Tune up for all off -road equipment • Trucks and heavy equipment shall idle no more than five minutes • Park construction vehicles off traveled roadways • Wash or sweep access points daily • Sandbag construction sites for erosion control • Limit lane closures to off -peak traveled roadways With the required BMPs specified above, no SCAQMD emission threshold will be exceeded during construction or operation of the proposed project. Thus, the air quality impacts from the project are anticipated to be less than significant. 3.e. Less than Significant Impact: Future construction associated with the development of the project will not create any considerably objectionable odors that will affect a substantial number of people in the surrounding community. In considering the scope of the project and the fact that construction activities will occur on a temporary basis, the impact is anticipated to be less than significant. 4. BIOLOGICAL RESOURCES. Would the project? Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X b Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Comments: 4.a -f. No Impact: The proposed project consists of a 946 square foot drive -thru car wash attached to an existing Arco Service Station. The car wash addition will be attached to the existing building and developed on previously graded and paved land surrounded by commercial and residential development. The proposed project does not interfere with any local or State conservation plans or policies. The project is not in an MSHCP Criteria cell and does not contain any riparian habitat, federally protected wetlands, or native species. C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 8 5. CULTURAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? X b Cause a substantial adverse change in the significance of an archaeological resource •ursuant to Section 15064.5? X c Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d Disturb any human remains, including those interred outside of formal cemeteries? X Comments: 5.a -c. Potentially Significant Impact Unless Mitigation incorporated: The project site consists of an existing automobile service station (2,800 square foot convenience store) and 12 fueling stations. Development of the 946 square foot drive -thru car wash is to be attached to the Arco Service Station and occur on previously graded and currently paved land. The City of Temecula General Plan does not identify the subject parcel as a sensitive archeological resource area; however the subject parcel is identified as being in a highly sensitive paleontological area. The University of California, Riverside's Eastern Information Center (EIC) has reviewed the proposal and confirmed that a Phase 1 cultural study identified no cultural resources and further study is not recommended. The project will be conditioned that if, during construction, cultural resources are encountered, work should be halted or diverted in the immediate area while a qualified archaeologist evaluates the finds and makes recommendations. The likelihood of encountering any cultural resources is low. However, there is potential, as with any project involving earth moving activities, to uncover unknown subsurface cultural resources. Therefore, mitigation has been provided below: Mitigation Measure CultRes 1: The Pechanga Band of Luiseno Indians shall be contacted to develop a management plan for any resources that may be unearthed, to afford the Band an opportunity to monitor ground- disturbing activities and to participate in the decisions regarding collection and curation of any such resources. If any cultural resources are exposed during initial grading and ground disturbance activities the City will be contacted, and a qualified archaeologist will evaluate the resources. If any resources are discovered, the archaeologist shall prepare a final report regarding the resources in accordance with standard archaeological management requirements. Mitigation Measure CultRes 2: If any human remains are encountered during initial grading activities, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office will be contacted to manage such remains. C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 9 6. GEOLOGY AND SOILS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: x i. Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. x ii. Strong seismic ground shaking? x iii. Seismic - related ground failure, including liquefaction? x iv. Landslides? x b Result in substantial soil erosion or the loss of topsoil? x c Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? x d Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? x e Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? x Comments: 6.a.i.,ii, iii, c. and d. Less than Significant Impact: The subject property is not located on a fault line or fault zone. Soil liquefaction is caused by the loss of soil strength, which is a result of increased pore water pressures related to significant seismic activity. This phenomenon occurs primarily in loose to somewhat dense cohesion -less soils, which are located within a groundwater zone. When seismic shaking occurs a rearrangement of the soil particles take place, putting them into a denser condition, which results in the localized settlement, sand boils and /or flow failures. The subject property is located in a seismically active area, as is the majority of southern California. The project has been reviewed and conditioned by the Building and Safety Department to be constructed to the standards of the Uniform Building and Safety Code (UBSC). 6.a.iv. Less than Significant Impact: Landslide hazard areas are generally considered to exist when substantial slopes are located on or immediately adjacent to a subject property. There are no substantial slopes located within or near the project site that could potentially create a hazard associated with landslides. The potential for landslides to occur at the site is considered less than significant. 6.b. Less than significant impact: The site may be susceptible to soil erosion during the short -term construction activities. Short -term erosion effects during the construction phase of the project would be prevented through implementation of a Storm Water Pollution Prevention Plan (SWPPP), which is required in accordance with the Countywide National Pollutant Discharge Elimination System (NPDES) General Construction Activities Permit. The SWPPP includes standard construction methods such as sandbags, silt fencing, and temporary detention basins to control on -site and off -site erosion. C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 10 Therefore, with implementation of an approved SWPPP, impacts resulting from erosion during construction would be less than significant. 6.e. No impact: The project will not require the use of septic tanks or other wastewater disposal systems. C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 11 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? X b Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? X d Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X f For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? X g Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Comments: 7.a -d, g, h. Less than Significant Impact: The project will not create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials and the project area is not known to contain any hazardous soils or other hazardous materials onsite. The project will not create a significant hazard to the public or the environment through reasonably foreseeable upset or accident conditions involving the release of hazardous materials into the environment. The project will not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school. The project is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would not create a significant hazard to the public or the environment. The project would not impair the implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan. The project would not expose people or structures to a significant risk or loss, injury or death involving wild land fires, including where wild lands are adjacent to urbanized areas or where residences are intermixed with wild lands. C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 12 7.e. Potentially Significant Impact Unless Mitigation Incorporated: The City's GIS mapping system identifies the project area as being located within the French Valley Airport Influence Area. Specifically, the project is located in Zone E, Other Airport Environs Zone, which is the least restrictive of all the zones. The project is subject to review and comment by the Riverside Airport Land Use Commission (ALUC). The City of Temecula will require the project to be reviewed and conditioned by ALUC prior to issuance of any permits. As previously provided for other projects in Zone E in the City of Temecula, the following standard mitigation measures will be required: Mitigation Measure Haz 1: The project shall be reviewed and conditioned by ALUC prior to the issuance of any grading or building permits. Mitigation Measure Haz 2: The following uses shall be prohibited: Any use which would direct steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward and aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA approved navigational signal light or visual approach slope indicator. Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. Any use which would generate electrical interference that may be detrimental to the operation of aircraft and /or aircraft instrumentation. Any outdoor lighting that is installed shall be hooded or shielded so as to prevent either the spillage of lumens or reflection into the sky. The attached notice shall be provided to all potential purchasers and tenants of the property and shall be recorded as a deed notice: "This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. Business and Profession Code 11010 12 (A)." 7 f. No Impact: The project is not located within the vicinity of a private airstrip. The project will not result in a safety hazard for people residing or working in the project area as a result of the private airfield. No impact is anticipated. C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 13 8. GREENHOUSE GAS EMISSIONS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X Comments: 8.a.b. Less Than Significant Impact: At this time there are no adopted statewide guidelines for greenhouse gas emission (GHG) impacts, but this is being addressed through the provisions of Senate Bill 97 (SB 97). For the proposed project, the project would be considered to have a significant impact if the project would be in conflict with the AB 32 State goals for reducing GHG emissions and have. Staff assumes that AB 32 will be successful in reducing GHG emissions and reducing the cumulative GHG emissions statewide by 2020. It is not anticipated that the project could have a major impact (either positively or negatively) on the global concentration of GHG. GHG impacts are considered to be exclusively cumulative impacts; there are no non - cumulative greenhouse gas emission impacts from a climate change perspective (CAPCOA, 2008). The proposed project would contribute to global climate change as a result of emissions of GHGs, primarily 00 emitted by construction activities. However, the project will not conflict with the CARB's thirty -nine (39) recommended actions in California's AB 32 Climate Change Scoping Plan. The project will also not exceed the SCAQMD GHG screening threshold (3,000 metric tons CO /yr). In addition, the City of Temecula does not have any plans, policies, or regulations adopted for the purpose of reducing the emissions of GHGs. The project is expected to have a less than significant impact with regard to greenhouse gas emissions. C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 14 9. HYDROLOGY AND WATER QUALITY. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Violate any water quality standards or waste discharge requirements or otherwise substantially degrade water quality? X b Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X c Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on or off - site? X d Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? X e Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X f Require the preparation of a project- specific WQMP? X g Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X h Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X I Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X j Inundation by seiche, tsunami, or mudflow? X Comments: 9.a. Less than Significant Impact: The project will not violate water quality standards or waste discharge requirements. The project is required to comply with all current soil erosion and national pollutant discharge elimination system standards in effect at the time of grading permit issuance. As a condition of approval for this project the developer will be required to comply with the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit from the State Water Quality Resources Control Board. A less than significant impact is anticipated. 9.b. Less than Significant Impact: The project will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 15 which permits have been granted) because the project is anticipated to use 514 gallons per day according to the Department of Environmental Health. A less than significant impact is anticipated. 9.c -e. Less than Significant Impact: A Water Quality Management Plan (WQMP) was reviewed and approved for this project. In addition, any erosion and siltation issues will be controlled to a less than significant level of impact by implementing best management practices (BMP's) during construction and earthmoving activities, as related to the potential for erosion or siltation on or off -site. In addition, the adequacy of the capacity of existing downstream drainage facilities shall be verified and any upgrading or upsizing of those facilities, as required, will be incorporated as part of the project. Less than significant impacts are anticipated. 9.f. No Impact: The project will not violate any water quality standards or waste discharge requirements established by the State of California. However, the project is required to prepare a Water Quality Management Plan (WQMP) pursuant to the Municipal Separate Storm -Sewer permit (MS4 permit) issued by the San Diego Regional Water Quality Control Board. The WQMP was submitted on September 22, 2009 and conceptually accepted by the Public Works Department. The water quality control measures identified in the WQMP have either been incorporated into the design of the project or will be added to the project with specific conditions of approval and are expected to eliminate potential adverse impacts to receiving waters. No impact is anticipated. 9.g -h. No Impact: According to the City's General Plan the project will not involve the placement of residences or structures in a 100 year floodplain hazard area. The project is not within an area identified on the Federal Emergency Management Agency (FEMA) maps for flooding. No significant flood hazards are expected to occur from developing the project site as proposed, therefore no impact is anticipated. 9.i. Less Than Significant: The subject property is located within a dam inundation area per the City's General Plan. However, the proposed project consists of a 946 square foot drive -thru car wash attached to an existing Arco Gas Station. The car wash is not a habitable structure and does not contain critical or essential facilities, therefore a less than significant impact is anticipated. 9.j. No Impact: Due to the project area's distance from the ocean and higher elevation, there is no potential for a tsunami. The project area is not located near a large surface water body and there is no potential for inundation by seiche or mudflow due to the topography of the site. C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 16 10. LAND USE AND PLANNING. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Physically divide an established community? x b Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? x c Conflict with any applicable habitat conservation plan or natural community conservation plan? X Comments: 10.a. No Impact: The addition of a 946 square foot drive -thru car was to an existing automobile service station at the corner of Winchester and Nicolas Roads will not divide an established community. 10.b. No Impact: The project requires a Specific Plan Amendment to identify the drive -thru car wash as a Conditional Use and requires a Conditional Use Permit to be approved with a Development Plan. Thus, the approval process necessary for entitlement and construction requires the City to make consistency findings that avoid conflicts between any applicable plans, policies or regulations. This project also requires an Initial Study per CEQA and any impacts must be identified and mitigation must be incorporated. Without the appropriate approvals there will be no project. Therefore, no impacts are anticipated. 10.c. No Impact: The project would not conflict with any habitat conservation plan or natural community conservation plan (see discussion under "Biological Resources ") C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 17 11. MINERAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b Result in the Toss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Comments: 11.a /b. No Impact: According to the California Geological Survey, no known mineral resources exist in the City of Temecula. This project is not anticipated to result in the loss of a known mineral resource that would be of value to the region or to the residences of the State, or locally important. According to the General Plan, the State Division of Mines and Geology has prepared a mineral resources report entitled, Mineral Land Classification of the Temescal Valley Area, Riverside County, California, Special Report 165, which evaluated mineral deposits within the Temecula Planning Area. According to the State Geologist, the Temecula Planning Area was classified as a Mineral Resources Zone -3a (MRZ -3a), which determined that the area contains sedimentary deposits which have the potential to supply sand and gravel for concrete and crushed stone for aggregate, however these areas are not considered to contain mineral resources of significant economic value. No impact is anticipated. C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 18 12. NOISE. Would the project result in: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? X c A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X e For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X f For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Comments: 12.a.- d. Potentially Significant Unless Mitigation Incorporated: The project is anticipated to have noise impacts during construction and as a result of the construction and operation of the automated drive -thru car wash. The following mitigation measures are required as identified in the Noise Impact Analysis prepared by A.J. Koltavary/Civil and Environmental Engineers: Mitigation Measure Noise 1: Construction will be limited in the hours of 7 am and 7 pm Monday through Friday for any on -site or off -site work within 500 feet of any residential unit. Construction outside of these hours may be approved through a development permit based on a site - specific construction noise mitigation plan and a finding by the Director of Planning, Building and Code Enforcement that the construction noise mitigation plan is adequate to prevent noise disturbance of affected residential areas. Mitigation Measure Noise 2: The contractor shall use "new technology" power construction equipment with state -of- the -art noise shielding and muffling devices. All internal combustion engines used on the project site shall be equipped with adequate mufflers and shall be in good mechanical condition to minimize noise created by faulty or poor maintained engines or other components. Mitigation Measure Noise 3: A 6' masonry wall shall be constructed from the end of the car wash to 50' feet beyond the entry and exit. C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 19 12.e. and f. Less than Significant Impact: The project is located within the French Valley Comprehensive Land Use Plan issued by the Riverside County Airport Land Use Commission. The plan divides the area surrounding the airport into six zones. Many of these zones prohibit the development of highly noise - sensitive outdoor nonresidential uses. According to this plan, the project is located in Zone E. This zone does not include the prohibition of highly noise - sensitive nonresidential uses. The French Valley airport is the only airstrip located in the vicinity of the project site. The project is not located within the French Valley Airport Noise Contours exhibit provided on page N -13 of the City of Temecula General Plan. A less than significant impact is anticipated. C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 20 13. POPULATION AND HOUSING. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Comments: 13.a.- c: No Impact: The project does not include a residential component or involve the displacement of any existing housing, nor does the project consist of the construction of replacement housing elsewhere. The construction of a 946 square foot drive -thru car wash is not expected to have any impacts on the City's population and housing. No impacts are anticipated as a result of this project. C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 21 14. PUBLIC SERVICES. Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? x Police protection? x Schools? x Parks? x Other public facilities? x Comments: 14.a. -e: Less than Significant Impact: This addition of a 946 square foot drive -thru car wash will have a less than significant impact upon, or result in a need for new or altered fire, police, recreation or other public facilities. The project will incrementally increase the need for some public services. However, the increase is expected to a very small and so as not to impact the City's budget process. As a result, the project will have a less than significant impact upon the need for new or altered public facilities. The project will not have an impact upon, and will not result in the need for new or altered public facilities. The Rancho California Water District and Eastern Municipal Water District have been made aware of this project. Sewer and water is currently provided to the subject property so service to the car wash addition is possible. Less than significant impacts are anticipated as a result of this project. C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 22 15. RECREATION. Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? x b Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? x Comments: 15.a. Less Than Significant Impact: The construction of a 946 square foot drive -thru car wash is an incidental use to the automobile service station and is not expected to increase the use of any neighborhood or regional parks. The traffic analysis indicates that the minor increases in traffic will not be noticeable to the average driver and are thus considered to be insignificant. 15.b. No Impact: The project will not include or require the construction or expansion of additional recreational facilities. No new construction of recreational facilities and no expansion of existing recreational facilities are proposed as a part of this project, therefore no impacts are anticipated. C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 23 16. TRANSPORTATION /TRAFFIC. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? x b Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? x c Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? x d Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? x e Result in inadequate emergency access? x f Result in inadequate parking capacity? x g Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? x Comments: 16.a. Less than Significant Impact: The project will create a less than significant increase in traffic volume in relation to the existing traffic load and capacity of the street system. As stated in the Traffic Analysis completed by Darnell and Associates, Inc., "Based on trip generation rates published by the ITE, increases in traffic will not be noticeable to the average driver and are thus considered to be insignificant." 16.b. Less than Significant Impact: The project will not exceed, either individually or cumulatively, the level of service standard established by the county congestion management agency for designated roads or highways, as the project includes the construction of a 946 drive - through car wash at a developed site. Current level of service standards are anticipated to be maintained as consistent with the General Plan. A less than significant impact is anticipated. 16.c. Less then Significant Impact: The project site and associated roadways will be improved pursuant to Public Works standards and requirements. No significant change in air traffic patterns, traffic levels or locations that result in a substantial safety risk is anticipated as a result of this project; therefore a less than significant impact is anticipated. 16.d. Less than Significant Impact: The project has been reviewed by Public Works, Planning, Fire and the Building and Safety Departments and will not involve a substantial increase in hazards due to design or incompatible uses. A less than significant impact is anticipated as a result of this project. 16.e. Less than Significant Impact: This project has been reviewed and conditioned by the Fire Prevention Bureau to ensure that all access to the site meets all applicable standards and requirements. Safe and adequate emergency access will be ensured, as all streets and driveways will be required to be C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 24 improved to meet all applicable all City standards for width, grade and length. A less than significant impact is associated as a result of this project. 16.f. No Impact: The project has been reviewed to ensure that sufficient parking is being provided consistent with the development code's requirements for commercial development, including gas stations and car washes. Therefore, the proposed project will not result in inadequate parking facilities. No Impact is anticipated. 16.g. No Impact: The project does not include the addition of alternative transportation methods; The project does not conflict with any adopted plans, policies or programs in regards to alternative transportation. All dedications and /or easements will be required to be provided where necessary. No impact is anticipated a result of this project. C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 25 17. UTILITIES AND SERVICE SYSTEMS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X f Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X g Comply with federal, state, and local statutes and regulations related to solid waste? X Comments: 17.a,b,e. Less than Significant Impact: The proposed project will not exceed applicable wastewater treatment requirements, require the construction of new treatment facilities, nor affect the capacity of treatment providers. The project will meet all Regional Water Quality Control Board standards. The Riverside County Department of Environmental Health has reviewed the proposal and indicated that sanitary sewer and potable water are available in this area. The sewer purveyor will be required to condition the car was so that the collection pits serving the recycled water will no overflow. An interceptor designed to the standards of the purveyor at time of building permit issuance will be required for the proposed car wash. 17.c. Less than Significant Impact: It is not anticipated that the project will not create a significant amount of storm water to require or result in the expansion of existing facilities, the construction of which could cause significant environmental effects. A Water Quality Management was prepared and the project has been reviewed and conditioned by the City's WQMP Engineer. Considering the limited scope of the project, and the required Conditions of Approval, the project is anticipated to have a less then significant impact. 17.d. No Impact: The project will not have a significant impact on the water supply for the area. No new or expanded facilities are anticipated to be constructed as a result of the proposed project. 17.f. No Impact: The proposed project is not anticipated to create a significant amount of solid wastes. The project will be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs. C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 26 17.g. No Impact: The project will comply with federal, state, and local statutes and regulations related to solid waste. No impacts are anticipated for the proposed project. C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 27 18. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b Does the project have impacts that are individually limited, but cumulatively considerable ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X c Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Comments: 18.a. Less than Significant Impact: No sensitive, threatened or endangered wildlife or plant species are expected to occur at the project site because of a lack of suitable habitat. Because the project site is located in a primarily urban environment supporting few native vegetation communities, and is paved and landscaped, the potential for sensitive species to use the site is very low. 18.b. Less than Significant Impact: The project does not have, either individually or cumulatively, a significant adverse impact on the environment. The project has been designed to avoid any significant impacts to the area individually and cumulatively, and has been conditioned to avoid these impacts. A less than significant impact is anticipated as a result of the proposed project. 18.c. Less than Significant Impact: The project will not have significant environmental impacts that will cause substantial adverse effects on human beings, either directly or indirectly, because the project site is zoned for commercial use. All building and structures that will be built on site shall be required be in compliance with the California Uniform Building Code, and Conditions of Approval have been incorporated and the project has been designed to protect the public health, safety and welfare and to avoid any impacts to other persons directly and /or indirectly. A less than significant impact is anticipated as a result of the proposed project. 19. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a Earlier analyses used. Identify earlier analyses and state where they are available for review. C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc 28 b Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. 19.a.b.c. The sources below were used to prepare this Initial Study. They are available for review at the City of Temecula Planning Department located at 43200 Business Park Drive in Temecula. The Geographic Information Map Sets are available online at www.cityoftemecula.orq Mitigation measures were included in the Noise, Hazards and Hazardous Materials, and Cultural resources sections of this Initial Study. C:1Program Files\Neevia.Com\Document Converter\temp1981585.doc SOURCES 1. City of Temecula General Plan 2. City of Temecula General Plan Final Environmental Impact Report 3. City of Temecula GIS 4. South Coast Air Quality Management District CEQA Air Quality Handbook 5. Empire Design Group, Inc. URBEMIS Report 6. Darnell and Associates, Inc. Traffic Analysis Letter 7. A.J. Koltavary / Civil and Environmental Engineers Noise Impact Analysis 29 CULTURAL RESOURCES General Impact: Directly or indirectly destroying any unique paleontological or archaeological resources. Mitigation Measures Specific Process: Mitigation Monitoring Program ARCO AM /PM Car Wash SPA/CUP /DP Planning Application Nos. PA09 -0246, PA09 -0287, PA09 -0288 The Pechanga Band of Luiseno Indians shall be contacted to develop a management plan for any resources that may be unearthed, to afford the Band an opportunity to monitor ground- disturbing activities and to participate in the decisions regarding collection and curation of any such resources. If any cultural resources are exposed during initial grading and ground disturbance activities the City will be contacted, and a qualified archaeologist will evaluate the resources. If any resources are discovered, the archaeologist shall prepare a final report regarding the resources in accordance with standard archaeological management requirements. If any human remains are encountered during initial grading activities, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office will be contacted to manage such remains. Planning staff will verify compliance with the above mitigation measure as part of the grading plan check review process. Mitigation Milestone: Prior to issuance of a grading permit/during grading activity. Responsible Monitoring Party: Planning and Public Works Departments HAZARDS General Impact: Directly or indirectly exposing people or structures to potential adverse effects from being located within Zone E of the French Valley Airport Influence Area. Mitigation Measure: The project shall be reviewed and conditioned by ALUC prior to the issuance of any grading or building permits. The following uses shall be prohibited: • Any use which would direct steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward and aircraft engaged in a straight final approach toward a landing at an airport, other than Specific Process: Responsible Monitoring Party: Planning Department an FAA approved navigational signal light or visual approach slope indicator. • Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. • Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. • Any use which would generate electrical interference that may be detrimental to the operation of aircraft and /or aircraft instrumentation. • Any outdoor lighting that is installed shall be hooded or shielded so as to prevent either the spillage of lumens or reflection into the sky. The attached notice shall be provided to all potential purchasers and tenants of the property and shall be recorded as a deed notice: • "This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. Business and Profession Code 11010 12 (A)." Planning staff will verify compliance with the above mitigation measure as part of the building and grading plan check review process. Mitigation Milestone: Prior to issuance of a building or grading permit. NOISE General Impact: Directly or indirectly exposing people to excessive noise levels during construction and operations Mitigation Measure: Specific Process: Mitigation Measure: Construction will be limited in the hours of 7 am and 7 pm Monday through Friday for any on -site or off -site work within 500 feet of any residential unit. Construction outside of these hours may be approved through a development permit based on a site - specific construction noise mitigation plan and a finding by the Director of Planning, Building and Code Enforcement that the construction noise mitigation plan is adequate to prevent noise disturbance of affected residential areas. The contractor shall use new technology" power construction equipment with state -of- the -art noise shielding and muffling devices. All internal combustion engines used on the project site shall be equipped with adequate mufflers and shall be in good mechanical condition to minimize noise created by faulty or poor maintained engines or other components. A 6' masonry wall shall be constructed from the end of the car wash to 50' feet beyond the entry and exit. Public Works Department will monitor construction activity and equipment. Planning Department will ensure construction of sound wall. Mitigation Milestone: Prior to issuance of a grading permit and during grading /construction activity. Responsible Monitoring Party: Public Works and Planning Departments NOISE General Impact: Result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project on a short -term basis Mitigation Measure NOISE -1: All construction equipment shall be properly maintained with operating mufflers and air intake silencers, no less effective than those originally installed by the manufacturer. This measure shall be implemented to the satisfaction of the Planning Director. Mitigation Measure NOISE -2: As required by the City of Temecula Municipal Code (Section 8.32.020), the developer shall require that all construction equipment activities are restricted to occur only between the hours of 6:30 a.m. to 6:30 p.m. weekdays and Saturdays. Mitigation Milestone: During construction Responsible Monitoring Party: Public Works Department Construction activities shall not occur on Sundays or Holidays. This measure shall be implemented to the satisfaction of the Planning Director. Mitigation Measure NOISE -3: Noise levels of all construction activities will not exceed 86 dB measured at 50 feet. Specific Process: Public Works inspectors will verify compliance during construction RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING PROGRAM FOR THE CONSTRUCTION AND OPERATION OF A 946- SQUARE FOOT DRIVE -THRU CAR WASH AT THE EXISTING ARCO AM /PM GAS STATION LOCATED AT THE SOUTHEAST CORNER OF WINCHESTER AND NICOLAS ROADS, ADDRESSED AS 40212 WINCHESTER ROAD (APN 920 - 100 -048) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On August 4, 2009, Mr. Gregory Hann filed Planning Application No. PA09 -0246, Specific Plan Amendment and on September 22, 2009 Planning Application Nos. PA09 -0287, Conditional Use Permit and PA09 -0288, Development Plan. in a manner in accord with the City of Temecula General Plan and Development Code. B. On November 3, 2010, the Planning Commission recommended approval of Planning Application Nos. PA09 -0246, Specific Plan Amendment; PA09 -0287, Conditional Use Permit; and PA09 -0288 Development Plan C. The Project was processed, including but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs. § 15000 et seq. (collectively referred to as "CEQA ") D. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. E. On November 3, 2010, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on November 3, 2010, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. F. The Planning Commission reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the November 3, 2010 public hearing, and based on the whole record before it finds 1 that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. G. Based on the findings set forth in the Resolution, the City Council hereby adopts the Mitigated Negative Declaration prepared for this project. 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2010. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Jeff Comerchero, Mayor I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2010, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: 3 Susan W. Jones, MMC City Clerk September 08, 2010 To Whom It May Concern EMPIRE Drsi uNc. 24861 Washington Ave, Murrieta CA 92562 MAILING ADDRESS: P.O. Box 944 Murrieta CA, 92564 Ph (951) 696 -1490 Fax (951) 696 -1443 ghann@empiregr.biz Re: Proposed Car Wash Addition Existing ARCO Facility # 83174 40212 Winchester Road (Southeast corner of Winchester Rd & Nicolas Rd) Temecula, CA 92591 EDG #3029 We would like inform you of the proposed car wash development on the commercial property referenced above. The ARCO ampm located at 40212 Winchester Road, Temecula is proposing a drive -thru car wash that will require a change to the Roripaugh Estates Specific Plan. A Development Plan and a Conditional Use Permit is also required and will need to be processed through the city of Temecula. The project has been submitted for review to the City of Temecula and is pending approval by the Planning Commission and City Council. The hours of operation for the car wash are to be from 7 am to 7 pm. There are no additional employees required as this will be a self - serve roll -over car wash. Attached are exhibits that reflect the proposed car wash development. A meeting is scheduled with the adjacent homeowners and businesses regarding the proposed development and will be held at the ARCO ampm site on Tuesday September 28 at 7 pm. Please feel free to contact us if you have any questions, comments or concems regarding the proposed project or upcoming meeting. Sincerely, Gregory a n, Architect A.I.A. State of California License # 26663 cc: Mr. Jack Kofdarali - J and T Management City of Temecula - Planning Department g OFI 6 1 7.1 1 40.: 1 11 1 1 Ii QVOZI d3.1.531-19NIM ZIZOV VNIZIO.J11V 'YlN3W31 GO£90 #YeA WdWY OtiW F / Z " 144 &MO XPIrt 11 1/1140 stem 'El " : : 1 ...- iii141 4/ itiiiii !Alb --- 1 1 11 ! ! ! VNI2JOgI1d YIN3W31 1 :11 , Mi b31.53HDNIM 2IZOtr GOE90#W.d WdWd 03bV 7 ' ' \ ' • ,„ -, _ 2. oe 00000e0 a T :12 - - - --(4?” rc October 11, 2010 Mr. Matt Peters, Case Planner City of Temecula 43200 Business Park Drive Temecula, Ca 92590 Re: Proposed Car Wash Addition Case Number PA09-0246, PA09-0287, and PA09-0288 Existing ARCO Facility # 83174 40212 Winchester Road (Southeast corner of Winchester Rd & Nicolas Rd) Temecula, CA 92591 EDG #3029 Dear Matt, On Tuesday, September 28, 2010 I attended a meeting for the surrounding property owners of the above project. In attendance were myself and two (2) Arco ampm employees, Connie Guerrieri and Debra Volk, as witnesses. The meeting was scheduled to begin at 7:00 pm as noticed. We waited until 7:30 pm and no one showed up to attend the meeting. Please feel free to contact me if you have any questions, comments or concerns regarding the proposed project or upcoming meeting. Sincerely, EMPIRE DESIGN GROUP, INC. Gregory S. Hann, Architect A.I.A. State of California License # 26663 • 4 24861 Washington Ave, Murrieta CA 92562 MAIUNG ADDRESS: P.O. Box 944 Murrieta CA, 92564 Ph (951) 696-1490 Fax (951) 696-1443 ghann@empiregr.biz S. gams cc: Mr. Jack Kofdarali - J and T Management Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below Case No: PA09 -0246, PA09 -0287, and PA09 -0288 Applicant: Gregory Hann, on behalf of AM/PM ARCO Proposal: A Specific Plan Amendment (PA09 -0246) (text only) to change the permitted uses /development standards for Planning Area 10 of the Roripaugh Estates Specific Plan to the standards of the Neighborhood Commercial zoning district with the addition to conditionally permit automobile service stations with or without an automated car wash. Project proponent proposes future car wash at the existing Arco AM/PM. A Conditional Use Permit (PA09 -0288) and Development Plan (PA09 -0288) to allow for the operation of a 946- square foot drive -thru car wash at the existing Arco AM/PM gas station In accordance with the California Environmental Quality Act (CEQA), the proposed project will not have a significant impact upon the environment based upon a completed Environmental Initial Study and Mitigation Monitoring Plan. As a result, a Mitigated Negative Declaration will be adopted in compliance with CEQA. Matt Peters, (951) 694 -6408 City of Temecula, Council Chambers November 3, 2010 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 694 -6408.