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HomeMy WebLinkAbout04_024 DH Resolution . . DH RESOLUTION NO. 2004-024 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0639, A REQUEST FOR A MINOR CONDITIONAL USE PERMIT TO ALLOW FOR A VEHICLE IMPOUND FACILITY TO BE LOCATED AT 27495 DIAZ ROAD, GENERALLY LOCATED AT THE NORTHWEST CORNER OF DIAZ ROAD AND SARAH WAY, KNOWN AS ASSESSOR PARCEL NO. 921-030-018. WHEREAS, Frank Bulleit, representing Gosch Towing, filed Planning Application No. PA03-0639 in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA03-0639 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. PA03-0639 on August 5, 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 Planning Director approved Planning Application No. PA03-0639 subject to the conditions of approval after finding that the project proposed in Planning Application No. PA03- 0639 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE PLANNING DIRECTOR 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. PA03-0639 (Minor Conditional Use Permit) hereby makes the following findings as required by Section 17.04.010.E of the Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the General Plan (Business Park) and Zoning (Light Industrial), as well as the standards within the Development Code. The vehicle impound area is confined to the rear of the principal structure, within the rear two-thirds of the lot. The vehicle impound area is located on appropriate paving and is screened from public view and from adjoining properties by appropriately designed walls and fencing. B. The proposed minor conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed minor conditional use will not adversely affect the adjacent uses, buildings or structures. RIM C U P\2003\O3.0639 Gosch Towing Impound YardlFinal DH Reso w- conditions.doc 1 The proposed project is compatible with the nature, condition and development of adjacent uses, buildings, and structures. The vehicle impound area was previously used for the storage and staging of industrial supplies and products for the business within the existing building and adequate space is remaining within the existing fenced industrial yard for this use. The fenced industrial yard provides adequate screening of the vehicle impound area. 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 Director in order to integrate the use with other uses in the neighborhood. An existing building and fenced industrial yard at the site adequately provide all improvements including yards, walls, fences, parking and loading facilities, buffer area, landscaping and all other features as required in the Development Code and by the Planning Director in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare of the community because the project will provide an impound yard for the community at a convenient location. In addition, the City Police Department has reviewed the proposed project and has issued conditions for approval that further safeguard the public. 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 or Planning Commission on appeal. The project has been reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Director. Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No. PA03-0639 was made per the California Environmental Quality Act Guidelines Section 15301 (Existing Facilities, Class 1). The proposed project will not add square footage to an existing industrial building, located at 27495 Diaz Road (A.P.N. 921-030-018). Section 4. Conditions. That the City of Temecula Planning Director hereby conditionally approves the Planning Application No. PA03-0639 , a request for a Minor Conditional Use Permit, to allow for a vehicle impound facility to be located at 27495 Diaz Road, generally located at the northwest corner of Diaz Road and Sarah Way, known as Assessor Parcel No. 921-030-018, 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\2003103-0639 Gosch Towing Impound YardlFinal DH Reso w- conditions.doc 2 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Director on this 5th day of August 2004. Don Haz , I, Adria Y. McClanahan, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 2004-024 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 5th day of August 2004, by the following vote: R:IM C U P\2003103-0639 Gosch Towing Impound YardIFinal DH Reso w- conditions.doc 3 EXHIBIT A CONDITIONS OF APPROVAL R:IM C U P\2003103-0639 Gosch Towing Impound YardIFinal DH Reso w- conditions.doc 4 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA03-0639 Project Description: A Minor Conditional Use Permit to allow for a vehicle impound facility to be located at 27495 Diaz Road, generally located at the northwest corner of Diaz Road and Sarah Way, known as Assessor Parcel NO. 921- 030-018. Assessor's Parcel No.: 921-030-018 Approval Date: August 5, 2004 Expiration Date: August 5, 2006 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicanVdeveloper shall deliver to the Planning Department 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 211 08(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicanVdeveloper has not delivered to the Planning Department 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 2. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed copy to the Planning Department for their files. 3. The applicant shall comply with the statement of operations (attached) for PA03-0639 on file with the 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 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 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 R:IM C U P\2003103.0639 Gosch Towing Impound YardlFinal DH Reso w- conditions.doc 5 6. 7. 8. 9. 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. Within two years of approval of this permit, commencement of the use shall have occurred or the approval shall be subject to expiration. If commencement of the use has not occurred within two years of approval of this permit, the permittee may, prior to the expiration of the conditional use permit, apply for up to three one-year extensions of time. Each extension of time shall be granted in one-year increments only. The city, and its planning director, 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 the business, a change in scope, emphasis, size or 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 planning director, planning commission, and city council is in addition to, and not lieu of, the right of the city, its director of planning, planning commission, and city council to review and 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. This vehicle impound yard is limited to a maximum of 42 vehicles to be stored on site at anyone time. 10. To further screen the impound yard, slats (to match the south facing fence at the impound yard) shall be added to the chain link fence that separates the industrial yard from the impound yard and to the chain link fence that separates the impound yard from adjacent properties (bold text added by Planning Director at August 5, 2004 Director's Hearing). 11. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 12. PUBLIC WORKS 13. The project proponent shall implement post-construction pollution prevention measures consisting of on-site source control and on-site treatment control best management practices (BMPs) to reduce contaminants (e.g., gasoline, motor oil, antifreeze and other such fluids) from commingling with wet weather runoff and to treat unfiltered urban runoff R:IM C U P\2003103-0639 Gosch Towing Impound YardlFinal DH Reso w- conditions.doc 6 prior to entering a storm drain. Plans for such improvements shall be submitted to, and subject to the approval of, the City Engineer. Said plans may include, but not be limited to, structural BMPs and providing proof of a mechanism to ensure on-going and long- term maintenance of these BMPs. Resources that may be useful in satisfying this condition of approval can be found in the "California Stormwater Best Management Practices Handbooks" (www.cabmphandbooks.com). POLICE DEPARTMENT 14. 15. 16. Lighting shall be placed strategically throughout 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. Applicant will post a 24-hour contact notice in a visible area indicating a point of contact person and a 24-hour telephone number in case of emergencies for police contact. Applicant will be responsible for any cost incurred by the Police Department if additional officers are required because of traffic problems/congestions, public disturbance or where the need for police presence is required. FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 17. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. Special Conditions 18. 19. 20. Fire department access road, a minimum of 24 feet of unobstructed width shall be maintained up to parking area. (CFC 902.2.2.1) Post 'NO SMOKING' signs in the parking area. (CFC 3215) Provide fire extinguishers in the vendor area spaced no more than 75 feet from any location in the yard/parking area as follows: (CFC 2504.2.3.2 & 3208) a. Two 2-A:10-B:C 21. All flammable vegetation within 30 of any the parking area (up to property lines) shall be removed. (CFC 3221.2) BUILDING & SAFETY DEPARTMENT 22. 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. R:IM C U P\2003103-0639 Gosch Towing Impound YardIFinal DH Reso w- conditions.doc 7 23. 24. 25. 26. 27. 28. 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 street-lights 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. If exterior lighting modifications are proposed. Obtain all building plans and permit approvals prior to commencement of any construction work. For any work proposed requiring a building permit. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1,1998) Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. As applicable. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. As applicable. 29. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. As applicable. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. As applicable. 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's Printed Name Date Applicant's Signature R:IM C U P\2003103-0639 Gosch Towing Impound YardlFinal DH Reso w- conditions.doc 8