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HomeMy WebLinkAbout2020-01 DH ResolutionDH RESOLUTION NO. 2020-01 A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA19-1340, A CONDITIONAL USE PERMIT TO ALLOW FOR USED AUTOMOBILE SALES WITH INDOOR DISPLAY OF UP TO SIX VEHICLES WITHIN THE INDUSTRIAL SUITE OF THE PROPERTY LOCATED AT 43154 VIA DOS PICOS, SUITE A, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-040-014) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On October 9, 2019, Borhan Jangi on behalf of the Owner, filed Planning Application No. PA19-1340, 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 January 30, 2020, 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. PA19- 1340 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA19-1340, conformed to the City of Temecula's General Plan Development Code (Subdivision, Development Agreement). Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA19-1340, hereby makes the following findings as required by Development Code Section 17.04.010 (Conditional Use Permits). Code. A. The proposed use is in conformance with the General Plan and the Development The business will operate as a car dealership with vehicle storage. This 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 may accommodate 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 planning commission or council in order to integrate the use with other uses in the neighborhood. The application will allow for car sales and indoor storage of inventory 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 project has been reviewed to ensure consistency with the Development, Building, and Fire Codes. These codes contain provisions designed to ensure projects are not detrimental to 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 has been reviewed a whole before the Planning Director. 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 Califomia 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 will be 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. Conditions of Approval have been implemented to ensure the project does not cause adverse impacts to the surrounding area. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA19-1340, a Conditional Use Permit to allow for used automobile sales with indoor display of up to six (6) vehicles within the industrial suite of the property located at 43154 Via Dos Picos, Suite A, 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 30th day of January, 2020 Luke Watson Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 2020-01 was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 30th day of January, 2020 K-&tumi1/4g` ciat_sing) Denise Jac o, Secretary Planning Application No.: Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In -lieu of Fee: Approval Date: Expiration Date: PLANNING DIVISION General Requirements 1. 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. EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL PA19-1340 Dorsa's Auto Sale CUP: a Conditional Use Permit to allow for used automobile sales with indoor display of up to six (6) vehicles within the industrial suite of the property located at 43154 Via Dos Picos, Suite A. 921-040-014 N/A (No New Square Footage/ Grading) N/A (No New Square Footage) N/A (No New Square Footage) N/A (Not a Residential Project) N/A (Not Located Within the Uptown Temecula Specific Plan) January 30,2020 January 30, 2022 2. 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. A modification made to an approved development plan does not affect the original approval date of a development plan. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to three extensions of time, one year at a time. 4. 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. 5. Sionage Permits. A separate building permit shall be required for all signage. 6. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development 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. 7. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Statement of Operations. The applicant shall comply with their Statement of Operations dated October 9, 2019, 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. 10. Revocation of CUR. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 11. Property Maintenance. 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. 12. Sale Storage and Display of Vehicles. The sale, storage, and display of vehicles shall only occur inside the —1,745 SF storage area in the building located at 43154 Via Dos Picos Suite A. Vehicles being sold, stored, or displayed shall not be in parking stalls, landscaped areas, or in the public right of way. PUBLIC WORKS DEPARTMENT General Requirements 13. Conditions of Approval. The applicant shall comply with all Conditions of Approval and City codes/standards at no cost to any governmental agency. 14. Onsite Parking. The applicant shall ensure that there is an adequate number of on site parking spaces. If street parking is proposed, the applicant shall obtain approval from the Traffic Engineering Division prior to the event. 15. Signs. Signs advertising the business shall be placed on private property, consistent with Chapter 17.28 of the Temecula Municipal Code. 16. No Usage of Public Right -of -Way. Vendors and all activity shall occur on private property; no vendors shall be allowed within the public right-of-way. FIRE PREVENTION General Requirements 17. Fire Requirement. Each vehicle stored in the building will need to have no more than one quarter (1/4) of a tank of gas Each battery will need to be disconnected while the vehicle is stored inside. Chapter 3, Califomia Fire Code. f— LO©I > NO..V vss 1 { 1 $ (3)(kf f14 re { via D s picas r—- Sp a 4-fa 16 1-1- t P°trk crop _ _► Jj 5 yrq ?p+- -0 spar k C4 1 Fi 4- 0 13x t; C-r Sp„ .4- 4-2 par K «-r �3xtF� Sec fo perk Cc\ Y- 1 { { 1 l r 4.04Or.e 1 Dorsa's Smog Test Auto Sale will be selling used car to public and con ide as a used car dealership .Hours and days of operation will be Monday to Sunday from'%% 10 am to 4 pm and by appointment only.1 employee will work at the office and we may get 5 to 7customer a week . Total available parking spaces are 10. All vehicle inventory will be parked inside the building .And we will not have any food served or alcohol also we wont have any live entertainment. Thanks Borhan Jangi Hatunabad 951-5068400