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HomeMy WebLinkAbout03-10 DH ResolutionDH RESOLUTION NO. 2003-010 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION PANO. 02-0714, MINOR CONDITIONAL USE PERMIT TO ESTABLISH AN AUTOMOBILE STORAGE AND EMPLOYEE PARKING LOT, LOCATED AT 26800 YNEZ ROAD, KNOWN AS APN: 921-750-011. WHEREAS, Paradise Chevrolet filed Planning Application No. PA02-0714, in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, Planning Application No. PA02-0714 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Director, at a regular meeting, considered Planning Application No. PA02-0714 on April 24, 2003, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Planning Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA02-0714, subject to the conditions after finding that the project proposed in Planning Application No. PA02-0714 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Director, in approving Planning Application No. PA02-0714 (Minor Conditional Use Permit) hereby makes the following findings as required by Section 16.09.140 of the Temecula Municipal Code: 1. The proposed conditional use is consistent with the general plan and the development code. Staff has reviewed the proposal and finds that the Minor Conditional Use Permit No.02-0714 for and automobile storage and employee parking is consistent with the General Plan and the Development Code. 2. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, building and structures and the proposed conditional use will not adversely affect the adjacent uses, building or structures. 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 proposed use is a permitted use in the service commercial zone and the project site is being development with afl improvements in place including parking and landscaping and the proposed use is an will not adversely affect the adjacent uses. 3. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, wails, 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 site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscape and other development features prescribed in the development code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood because the project site is currently existing and is being developed and the proposed use does not propose any additions or exterior alterations to the existing site. The proposed automobile storage and employee parking demand does not exceed the existing lot and therefore the site is adequate forthe proposed use. 4. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed use will not be detrimental to the health, safety and general welfare of the community. The Building Department and Fire Prevention Bureau have reviewed the project and determined that the Conditions of Approval placed on the project will insure that health, safety, and welfare for the community is maintained 5. That the decision to approve, conditional 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. This application has been brought before the Planning Director at a Public Hearing where members of the public have had an opportunity to be heard on this matter before the Director renders her/his decision. Development Plan (Section 17.05.010F) FINDINGS - DEVELOPMENT PLAN 6. The proposed use is in conformance with the General Plan for Temecu[a and with all applicable requirements of state law and other ordinances of the city. The proposed automobile storage and employee parking lot is consistent with the land use designation standards for an automobile storage and employee parking contained in the Commercial Zoning and the City's Development Code. The project is also consistent with the Commercial Zoning land use designation contained in the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of storage and employee parking development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, Ordinance No. 655 (Mt. Pa/omar Lighting Ordinance), the City's Water Efficient Landscaping provisions, and fire and building codes. 7. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overafl design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Section 3. Environmental Compliance. The project is eligible for categorical exemption (Class 32 - In-Fill Development) pursuant to section 15332 of the California Environmental Quality Act. Section 4. Conditions. That the City of Temecula Director of Planning hereby approves Planning Application No. PA02-0714 (Minor Conditional Use Permit) located at 26800 Ynez Road in Temecula, known as APN: 921-750-011, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 24th day of April 2003. ~~n,¢pal P~l~ner <~..~a~ ,Sm k'.ns Secreta of the Temecula D~rector s Heanng, do hereby ce~fy that DH Re~olfitien.N¢~2003-010 was duly and regularly adopted by the D~rector of Planning of the City ~f~me~dla at a regular meeting thereof held on the 24'~ day of April 2003. Annie Bostre-Le, Public Works Department EXHIBIT A CITY OFTEMECULA CONDITIONS OFAPPROVAL Planning Application No. 02-0714 (Minor Conditional Use Permit/ Development Plan) Project Description: Planning Application No. 02-0714, a Minor Conditional Use Permit / Development Plan to establish an automobile storage and employee parking lot, located at 26800 Ynez Road. Development Impact Fee Category: Service Commercial Assessor's Parcel No.: 921-0750-011 Approval Date: April 24, 2003 Expiration Date: April 24, 2005 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Fou r Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an 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 which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional R:kM C U P~2002\02-0714 Paradise storage parking lot~Approval Letter paradise Chevrolet.doc 2 deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harm less the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the lands use approval without further notice to the applicant. Within two (2) years of development plan approval, commencement of construction shall have occurred or the approval shall become null and void. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. Prior to Release of Planning Permits The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Community Development Department - Planning Division for their files. All parking lot lights and other exterior lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of the Riverside County Ordinance No. 655. 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. 9. Construction of landscape shall be reviewed and approved by the Planning Department. 10. The applicant shall provide verification of records of landscape easement with adjacent property owner signature. 11. Landscaping shall substantially conform to the approved Exhibit "F" (Landscape Plan). Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 12. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Community Development Department - Planning Division for approval. These plans shall conform substantially with the approved Exhibit "F", or as amended bythese conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). R:\M C U P~2002\02-0714 Paradise storage parking lot~Approval Letter Paradise Chevrolet.doc 3 One (1) copy of the approved grading plan. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Total cost estimate of plantings and irrigation (in accordance with the approved plan). A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. Prior to Release of Electrical Power 13. All required landscape planting and irrigation shall be installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 14. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. 15. 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 Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 16. Pedormance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Community Development Department - Planning Division for 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 Director of Planning, the bond shall be released upon request by the applicant. BUILDING AND SAFETY 17. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 18. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 19. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) R:XM C U P~2002\02-0714 Paradise storage parking lot~Approval Letter Paradise Chevrolet.doc 4 20. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 21. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 22. Provide electrical plan including Icad calculations and panel schedule for any proposed lighting. 23. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday -6:30 a.m. - 6:30 p.m. Saturday -7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays COMMUNITY SERVICES 24. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 25. All landscaping, on site lighting and fencing shall be maintained by the property owner or private maintenance association. DEPARTMENT OF PUBLIC WORKS 26, Unless otherwise noted, all conditions shall be completed by the 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. General Requirements 27, 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. 28. 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. Prior to Issuance of a Grading Permit 29. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. R:\M C U P~2002\02-0714 Paradise storage pm'king lot~Approval Letter Paradise Chevrolet.doc 5 30. 31. 32. 33. 34. 35. 36. 37. 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. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District ¢. Planning Department d. Department of Public Works The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. Precise grading plan shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. All street and driveway centerline intersections shall be at 90 degrees. All concentrated drainage directed towards the public street shall be conveyed through undersidewalk drains. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. R:hM C U 1~2002\024)714 Paradise storage parking lot~Approval Letter Paradise Chevrolet.doc 6 POLICE DEPARTMENT 38. Adequate temporary lighting will be placed strategically through the parking lot area so as to provide adequate lighting throughout the entire parking facility. Lighting should also comply with the Mt. Palomar Lighting Ordinance and should be illuminated with a minimum one (1) foot candle of light at ground level, evenly dispersed., 39. Organizers will be responsible for any cost incurred by the Police Depadment if additional officers are required because of traffic problems/congestions, public disturbance or where the need for police presence is required. By placing my signature below, I confirm that I have read, understand and accept al the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Name printed Date R:~Vl C U P~2002\02-0714 Paradise storage parldng lofiApproval Letter paradise Chevrolet.doc 7