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Home My WebLink About04_005 DH Resolution DH RESOLUTION NO. 2004-005 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TENIECULA APPROVING PLANNING APPLICATION NO. PA03-0673, A MINOR CONDITIONAL USE PERMIT TO ESTABL.lSH A BUDGET CAR RENTAL IN AN EXISTING 22,211 SQUARE FEET BUILDING LOCATED AT 40605 WINCHESTER ROAD AND KNOWN AS ASSESSORS PARCEL NO. 910-290- 009 WHEREAS, Budget Rent A Car, filed Planning Application No. PA03-0673, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA03-0673 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. PA03-0673 on February 19, 2004, 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 Director Hearing and after due consideration of the testimony, the Plannin¡ Director approved Planning Application No. PA03-0673 subject to the conditions after findin! that the project proposed in Planning Application No. PA03-0673 conformed to the City of Temecula General Plan and Subdivision Ordinance; 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. findinas. The Planning Director, in approving Planning Application No. PA03-0673 (Development Plan) hereby makes the following findings as required by Section 17.05.010F of the Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed çonditional use requests to establish a Budget Car Rental within an existing 22,211 square foot commercial building. The proposed use is consistent with the goals and policies stated in the Land Use element of the General Plan. The Land Use element øncourages a mixture of commercial uses within the Community Commercial (CC) designation. The proposed use is also consistent with the Development Code. The proposed conditional use exceeds the required parking as stated in 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. RIM C U P\2003103-0673 BUDGET RENT.A-CARIFINAL RESO AND COA'S.doc 1 As proposed the applicant is not requesting to alter the exterior of the building nor the previously approved site plan. The proposed conditional use will not adversely affect the surrounding properties. As a matter of fact the business has been operating with a temporary use permit for over two months without adversely affecting the surrounding uses. 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. As proposed th'3 applicant is not requesting to alter the exterior of the building nor the previously approved site plan. Staff has determined that the existing site meets all current Development Code standards in regards to yards, walls, fences, buffering areas and landscaping. Staff has utilized Table 17.24.040 of the Development Code and determined thai' the proposed use meets the off-street parking requirements. The project has also been determined to meet the loading area requirements for the type of use. D. 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 detElfmined that the Conditions of Approval placed on the project will insure that health, safety, and welfare for the community is maintained. E. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidences in view of the record as a whole before the Planning Dir,actor or the Planning Commission on appeal. The project ha$ been completely reviewed, as a whole, in reference to all applicable codes and ordinances before the Director of Planning. Section 3. ¡;:nvironmental Compliance. A Notice of Exemption for Planning Application No. PA03-0673 was made per the California Environmental Quality Act Guidelines Section 15332. Section 4. j)onditions. That the City of Temecula Director of Planning hereby approves Planning Application No. PA03-0673, A minor conditional use permit to establish a Budget Car Rental in an existing 22,211 square feet building, 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. R:IM C U P\2003103-0673 BUDGET RENT-A-CARIFINAL RESO AND COA'S.doc 2 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 19th day of February 2004. ~\J Dave Hogan, princiPall~ I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 2004-005 was duly and regularly adopted by the Director of Planning of the City of Temecula at a mgular meeting thereof held on the 19th day of February, 2004. R:IM C U P\2003103-0673 BUDGET RENT-A-CARIFINAL RESO AND COA'S.doc 3 EXHIBIT A CONDITIONS OF APPROVAL R:IM C U P\2oo3\03.0673 BUDGET RENT-A-CARIFINAL RESO AND COA'S.doc 4 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Applil~ation No: PA03-0673 (Minor Conditional Use Permit) Project Description: A Minor Conditional Use Permit to establish a Budget Rent A Car within an existing 22,211 square foot building located at 40605 Winchester Road Assessor's Parcel No: 910-290-1009 Approval Date: February 19, 2004 February 19, 2006 Expiration DatI!: PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant/c1eveloper 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-four 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 D,apartment - Planning Division the check as required above, the approval for the project !ranted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirement:s 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 '¡rom 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 actiol1s approved by the voters of the City, concerning the Planning Application. Th,a 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, R:IM C U P\2oo3\03-0673 BUDGET RENT-A-CARIFINAL RESO AND COA'S.doc 5 3. The applicant shall comply with their Statement of Operations dated November 6, 2003, on file with the Community Development Department - Planning Division, unless superceded by these conditions of approval. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 4. 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 6. Regular hours of operation shall be between 8:00 a.m. and 6:00 p.m. Monday through Friday, 8:00 a.rTI. and 4:30 p.m. Saturday and 8:30 a.m. and 4:00 p.m Sunday. The ten identified spaces for car rental storage shall be located at the most northerly portion of the site adjacent to Santa Gertrudis Creek as indicated on the approved site plan. (Added at the February 19, 2004 Director's Hearing meeting) 7. By placing my signature below, I confirm that I have read, I understand and I accept all the above-mentioned 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 Signature Date Applicant Printed Name R:IM C U P\2oo3\03-0673 BUDGET RENT-A-CARIFINAL RESO AND COA'S.doc 6