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HomeMy WebLinkAbout19-02 DH Resolution DH RESOLUTION NO. 19-02 A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-1576, A CONDITIONAL USE PERMIT TO ALLOW AUTOMOBILE SALES WITH INDOOR DISPLAY OF VEHICLES AT THE PROPERTY LOCATED AT 43214 BLACKDEER LOOP, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-030-011) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On November 26, 2018, Dmitriy Isayev, on behalf of Destination Motors, filed Planning Application No. PA18-1576, a Conditional Use Permit Application, in a manner in accord with the City of Temecula General Plan and Development Code B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Director of Community Development, at a regular meeting, considered the Application and environmental review on March 21, 2019, 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. D At the conclusion of the Director's Hearing and after due consideration of the testimony, the Director of Community Development approved Planning Application No. PA18-1576 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA18-1576, conformed to the City of Temecula's General Plan and Development Code. Section 2 Further Findings The Director of Community Development, in approving Planning Application No. PA18-1576, hereby makes the following findings as required by Development Code Section 17 04 010 (Conditional Use Permits). A. The proposed use is in conformance with the General Plan and the Development Code; The business will operate as a car dealership. The proposed conditional use is consistent with the City of Temecula General Plan and Development Code, which label the project site as Industrial Park (IP) and Light Industrial (LI) respectively The General Plan and Development Code allow for the sale and storage of automobiles at the project site upon the approval of a Conditional Use Permit. 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 conditional use will be located within an existing structure within a Light Industrial (LI) zone. As conditioned, 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 because the surrounding area includes similar uses and the building is designed for the use. 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 Director of Community Development, Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The application will allow for an automobile sales business within an existing industrial building. No modifications to the structure or site are proposed. Since the site and proposed conditional use are consistent with the General Plan and Development Code requirements, the project site is adequate to accommodate the proposed use as required by the Director of Community Development in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community The use as conditioned meets all requirements of the Development, Fire, and Building Codes. These codes contain provisions designed to ensure for the protection of 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 director, planning commission, or city council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Director of Community Development. Section 3. Environmental Findings. The Director of Community Development hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities) The proposed use is located within an existing industrial building and is permitted upon the approval of a Conditional Use Permit. The structure can already accommodate the use. No modifications to the site or structure are needed in order for the use to operate. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA18-1576, a Conditional Use Permit to allow automobile sales with indoor display of vehicles at the property located at 43214 Blackdeer Loop, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5 PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Community Development this 21st day of March, 2019 Lu atson Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No 19-02 was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 21st day of March, 2019. 0 enise Jacobo, Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA18-1576 Project Description: Destination Motors: a Conditional Use Permit to allow automobile sales with indoor display of vehicle at the property located at 43214 Blackdeer Loop Assessor's Parcel No.: 921-030-011 MSHCP Category: N/A(No New Square Footage or Grading) DIF Category: N/A(No New Square Footage) TUMF Category: N/A(No New Square Footage) Quimby Category: N/A(Non-Residential Project) New Street In-lieu of Fee: N/A(Not Located within the Uptown Temecula Specific Plan) Approval Date: March 21, 2019 Expiration Date: March 21, 2021 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of " Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711 4(c)) General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards,judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3 Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means 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, or use of a property in conformance with a Conditional Use Permit. 4 Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 5. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division 6. Water Quality and Drainage. 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 To ensure compliance with this Condition of Approval. a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. Statement of Operations. The applicant shall comply with their Statement of Operations dated November 15, 2018, on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 9 Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 10 City Review and Modification of CUP. The City, its Director of Community Development, 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 Director of Community Development, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its Director of Community Development, 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. PUBLIC WORKS DEPARTMENT General Requirements 11. Signs. Signs advertising the business shall be placed on private property 12. No Usage of Public Right-of-Way All activity shall occur on private property; no activity shall be allowed within the public right-of-way BUILDING AND SAFETY DIVISION General Requirements 13. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building plans are reviewed and submitted to Building and Safety. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal If not doing a tenant improvement, disregard comment. 14 Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes, 2016 California Electrical Code, California Administrative Code,2016 California Energy Codes, 2016 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. 15 ADA Access. Provide details of all applicable disabled access provisions and building setbacks on the plans to include: a. Disabled access from the public way to the main entrance of the building b. Van accessible parking located as close as possible to the main entry c. Path of accessibility from parking to furthest point of improvement. 16 Obtain Approvals and Permits. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 17. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating 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 Saturday from TOO a.m. to 6:30 p m No work is permitted on Sundays and nationally recognized Government Holidays. 18 Non-construction C of O. A non-construction Certificate of Occupancy shall be required prior to the release of the tenant space for operation. FIRE PREVENTION General Requirements 19 Fire Requirement. Fire extinguishers will be required every 75-feet. A 2A10BC type extinguishers are required 20 Fire Requirement. Each vehicle can have no more than 5 gallons of gas in it. Absolutely no refueling of any vehicle will occur inside the building Prior to Issuance of Certificate of Occupancy 21 Knox Box. A"Knox-Box" shall be provided The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). POLICE DEPARTMENT General Requirements 22 Alarm System. All buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. 23 Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773.