DRAFT CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-2467 MARCH 13, 2024 The approval of Conditional Use Permit (CUP-2021-2467) allows for the operation of an express car wash tunnel attached to the adjacent convenience store (“Project”) proposed in conjunction with Development Plan 2021-2466, Phasing Plan 2021-2470 and Tentative Parcel Map (TPM-2021-2468) 38837. The project includes the construction of the structure, on-site parking lot, landscaping, and associated improvements located northeast of the intersection of Clinton Keith Road and Mitchell Road (APN: 392-230-035). This permit runs with the land and shall be binding upon the owner of the subject property (“Permittee”) and all subsequent successors in interest.
PLANNING DIVISION
General Requirements
The Permittee/Owner shall defend (with attorneys approved by the City), indemnify and hold harmless the City of Murrieta, its agents, officers, and employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this approval Conditional Use Permit 2021-2467. The City will promptly notify the Permittee of any such claim, action, or proceeding against the City and will cooperate fully in the defense.
Any fees due to the City of Murrieta for processing this project shall be paid to the City within thirty (30) calendar days of final action by the approval authority. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted. No permits, site work, or other actions authorized by this action shall be processed by the City, nor permitted, authorized or commenced until all outstanding fees are paid to the City.
Pursuant to Section 711.4 of the State of California Fish and Game Code, the applicant is required to pay a $50.00 handling fee. Said fees shall be paid to the Clerk/Recorder of the County of Riverside at the time the Notice of Determination is filed pursuant to Section 21152 of the Public Resources Code. If this fee is not paid, the approval of this project shall not be operative, vested, or final. In order to comply with State mandated time lines for filing of a Notice of Determination the above fee must be delivered to the Planning Division within two (2) working days after the Effective Date.
The development of these premises shall comply with the standards of the City’s Development Code and all other applicable State and Federal codes.
In the event the use hereby permitted under this permit is: (a) found to be in violation of the terms and conditions of this permit; (b) found to have been obtained by fraud or perjured testimony; or (c) found to be detrimental to the public health, safety or general welfare, or a public nuisance; this permit shall be subject to the revocation procedures in Section 16.82 of the Development Code.
The Permittee/Owner shall obtain approval of all necessary plans for the construction of structures on the subject property in accordance with the Murrieta Development Code.
Such plans include, but are not limited to, site plans, floor plans, building elevations, grading plans and landscaping plans.
This approval shall be used within three (3) years of approval date, otherwise it shall become null and void and of no effect whatsoever in accordance with Development Code Section 16.52.060.B.
Prior to the expiration of this approval, the Permittee may request an extension of time in which to use this approval in accordance with Development Code Section 16.80.
The project conditionally permitted with this application is for a car wash. The business shall be operated in compliance with the statement of operations (attached to the Resolution Exhibit E and incorporated herein by this reference).
All descriptions of operations shall be maintained throughout the life of the Conditional Use Permit, unless a revision is approved by the Planning Division. Any proposed change substantially different than the approved plan shall require an amendment to this approval in accordance with the Development Code.
The use shall be considered to have expired if the use for which this Conditional Use Permit was granted ceased or was suspended for at least 180 successive days, in accordance with Development Code Section 16.52.060.G.
The project shall comply with the provisions pertaining to noise as stated in Section
16.30 of the City of Murrieta Municipal Code.
The project site shall be the point-of-sale for the purpose of collecting any sales tax on goods that are sold, delivered or rented on the site.
The hours of operation for the car wash tunnel and vacuums shall be limited to 7 a.m. to 9 p.m. daily.
No outdoor drive-thru speakerphone is approved as part of this entitlement.
The project shall utilize one AquaDri FS-40 Dryer system as specified in the noise study. This unit shall not exceed 89 dBA at a distance of 10 feet from the source. If a different equipment unit is proposed that creates a higher noise impact and staff is unable to determine whether noise levels are met at the construction drawing review, then a noise memorandum or a revised noise study shall be provided to staff for review prior to Building Permit issuance.
The vacuum unit utilized shall not exceed the maximum level of 72 dBA at a distance of 10 feet from the source as specified in the noise study. If the noise source for the specific equipment exceeds 72 dBA, a noise memorandum or a revised noise study shall be provided to staff for review prior to Building Permit issuance If the noise source for the specific equipment exceeds this level. A noise memorandum or a revised noise study shall be provided to staff for review prior to Building Permit issuance.
The project must utilize the design features; as well as the construction operations practices that are specified in the noise study.
Final Inspection:
Unless otherwise indicated, all conditions shall be fully constructed and implemented prior to final inspection of the building and/or site improvements.
All existing outdoor advertising displays, signs or billboards shall be removed, except for signs permitted by the Development Code.
END OF CONDITIONS
Exhibit CExhibit C
Exhibit C
Exhibit C
Conditions of Approval Conditional Use Permit 2021-2467March 13, 2024Page 2 of 3Conditions of Approval Conditional Use Permit 2021-2467March 13, 2024Page 2 of 3 Conditions of Approval Conditional Use Permit 2021-2467 March 13, 2024
Conditions of Approval Conditional Use Permit 2021-2467 March 13, 2024