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HomeMy WebLinkAbout11182021 DH AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING MEETING TEMECULA CITY HALL COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 18, 2021 - 1:30 PM CALL TO ORDER: Luke Watson, Director of Community Development PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Community Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Director about an item not listed on the Agenda, a white "Request to Speak" form may be filled out and filed with the Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 PM Project Number: PA21-0881 Project Type: Conditional Use Permit Project Title: Car Dealer CUP Applicant: Ahmad Youssufzay Project Description: Planning Application Number PA21-0881, a Conditional Use Permit application to allow for an indoor used car dealership. The project is located at 27491 Diaz Road. Environmental Action: Section 15301, Class 1, Existing Facilities Project Planner: Eric Jones, Case Planner ADJOURNMENT NOTICE TO THE PUBLIC The full agenda packet (including staff reports and any supplemental material available after the original posting of the agenda), will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City’s website at TemeculaCA.gov. If you have questions regarding an item on the agenda, please contact the Community Development Department at (951) 694-6400. ITEM 1 STAFF REPORT – PLANNING CITY OF TEMECULA DIRECTOR'S HEARING TO: Luke Watson, Deputy City Manager FROM: Eric Jones, Associate Planner DATE OF MEETING: November 18, 2021 PREPARED BY: Eric Jones, Case Planner PROJECT SUMMARY: Planning Application Number PA21-0881, a Conditional Use Permit application to allow for an indoor used car dealership. The project is located at 27491 Diaz Road. RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Ahmad Youssufzay General Plan Designation: Industrial Park (IP) Zoning Designation: Light Industrial (LI) Existing Conditions/ Land Use: Site: Existing Industrial Park / Industrial Park (IP) North: Existing Industrial Structures / Industrial Park (IP) South: Existing Industrial Structures / Industrial Park (IP) East: Diaz Road, Murrieta Creek / Specific Plan Implementation (SPI) West: Existing Industrial Structure / Industrial Park (IP) Existing/Proposed Min/Max Allowable or Required Lot Area: 5.13 Acres Existing 0.91 Acres R:\1DIRECTOR'S HEARING\PHN\2021\111821\Eric's Revisions (per Luke)\0 DH Staff Report.docx 2 Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Provided/Required: 8 Space Required 16 Spaces Provided AFFORDABLE/WORKFORCE HOUSING Located in Affordable Housing Overlay Zone (AHOZ)? Yes No AHOZ Gain/Loss: +/- N/A BACKGROUND SUMMARY On June 29, 2021, Ahmad Youssufzay, submitted Planning Application PA21-0881, a Conditional Use Permit (CUP). The CUP will allow for a used car dealership to be located within an existing industrial building. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The business will sell used cars from an indoor showroom. Up to thirty cars can be parked inside the suite leased for the business. All vehicles for sale will be stored, parked and displayed indoors only per Condition of Approval no. 11. Hours of operations are Monday through Saturday from 10:00 AM to 5:00 PM. The business estimates to have one to three customers per day by appointment only. A Condition of Approval (no. 10) has been added to ensure customers are scheduled for an appointment before visiting the business. The business anticipates employing five people. The project proposes no modifications to the site or structure. Customers and employees of the business will utilize the two existing vehicular access points currently servicing the project site. These access points will lead into the existing parking lot that contains two-hundred and two parking spaces. Parking requirements for the project have been broken down in the following manner: Use Type Spaces Required Auto Warehouse 5 Mezzanine 1.5 Office 1.3 Total 8 R:\1DIRECTOR'S HEARING\PHN\2021\111821\Eric's Revisions (per Luke)\0 DH Staff Report.docx 3 Sixteen of the existing parking spaces have been reserved for the project per the recorded Covenants, Conditions and Restrictions document (CC&Rs) for the site. These sixteen spaces will be used for customers and employees and not for the display or storage of vehicles for sale. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in The Press-Enterprise on November 4, 2021 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION 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 project will allow for a used car dealership with indoor only display of vehicles. These types of uses are permitted and common within Industrial Park (IP) zones upon approval of a Conditional Use Permit. In addition, the use is not proposing any modifications to the existing site or structure as part of the application. The use represents a negligible expansion to the existing uses. FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. The conditional use will allow for a used car dealership with indoor storage. The project site has a General Plan designation of Industrial Park (IP) and a Development Code zoning designation of Light Industrial (LI). Automotive sales are permitted within IP and LI designated areas upon the approval of a Conditional Use Permit. In addition, the project is proposing no modifications to the existing structure or site. As conditioned, the use is consistent with General Plan and Development Code requirements. 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 proposed conditional use will not require revisions to the existing structure or site. Used car dealerships are common within Light Industrial zoning districts. As conditioned, the use will be compatible with the with the nature, condition and development of adjacent uses, buildings, and structures. Furthermore, the use will not adversely affect the adjacent uses, buildings, or structures. 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 the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. R:\1DIRECTOR'S HEARING\PHN\2021\111821\Eric's Revisions (per Luke)\0 DH Staff Report.docx 4 The conditional use will not require modifications to the existing site or structure. Therefore, the site 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 the Development Code and required to integrate the use with other uses in the neighborhood. 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 and conditioned to ensure conformance with the Building, Development, and Fire Codes. These codes contain provisions designed to provide for the health, safety, and general welfare of the community. Negative impacts are not anticipated. 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 is based on substantial evidence in view of the record as a whole before the Planning Director. ATTACHMENTS: 1. Vicinity Map 2. Plan Reductions 3. Statement of Operations 4. DH Resolution 5. Exhibit A - Draft Conditions of Approval 6. Notice of Public Hearing 7. Draft Notice of Exemption B USI NESSPARKDRDIA Z R D VIADOSPICOSRANCHO WAYProject Site CITY O F TEMEC ULA PA21-0881 0 400200 Feet\Date Created: 10/20/2021 1:2,4001 inch = 200 feet 921-040 -003 The map PA21-0881.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis Ariana Motors 28733 Via Montezuma, Suite A Temecula, CA 92590 SECTION C: STATEMENT OF OPERATIONS 16 August 2021 We are purchasing 27941-A Diaz Rd and looking to start a used car dealership. We are currently in escrow and we would like to obtain the CUP as soon as possible. The building will be used to sell used vehicles indoor. The hours of operation will be Monday through Saturday 10am to 5pm. We will have 5 employees. There will not be a proposed private security onsite. We estimate to have 1 to 3 customers daily by appointment. We will have a total of 16 parking spaces available for customers/employees to park in. We will not be serving food, alcohol or have any sort of live entertainment on site. There will not be any site or building exterior modifications as part of the project. We will have a total of 400sf of open office space. The mezzanine will be used as a file room for our documents. We will store 25 – 30 cars in the building at any given time. When vehicles are stored inside they will have less then 5 gallons of gas in the tank at any given time. Condo Map shows 27941-A Diaz Rd as Building E and we would be occupying unit E1 (not the entire structure), please see page 21 and 22 of the condo map. Parking agreement is provided to show that unit E1 will have 16 open parking spaces. Please see attachment ‘PARKING AGREEMENT - Diaz Business Park CCR Amendment-1’ page 2. Fire Sprinkler riser is located in the back of the building near the exit door, please see condo map page 21 and click on the comment icon. Also please see attachment FIRE - Sprinkler Locations and Riser. The fire Sprinklers are drawn in as red dots and the riser is at the back of the unit (Pictures also included). If you have any questions or concerns please reach out to me directly at 760-880-3914 DH RESOLUTION NO. 2021- A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA21-0881, A CONDITIONAL USE PERMIT APPLICATION TO ALLOW FOR AN INDOOR USED CAR DEALERSHIP AT 27491 DIAZ ROAD AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-040-003) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On June 29, 2021, Ahmad Youssufzay, filed Planning Application No. PA21-0881, 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 November 18, 2021, 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. PA21- 0881, subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA21-0881, conformed to the City of Temecula’s General Plan Development Code. Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA21-0881, 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 conditional use will allow for a used car dealership with indoor storage. The project site has a General Plan designation of Industrial Park (IP) and a Development Code zoning designation of Light Industrial (LI). Automotive sales are permitted within IP and LI designated areas upon the approval of a Conditional Use Permit. In addition, the project is proposing no modifications to the existing structure or site. As conditioned, the use is consistent with General Plan and Development Code requirements. 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 proposed conditional use will not require revisions to the existing structure or site. Used car dealerships are common within Light Industrial zoning districts. As conditioned, the use will be compatible with the nature, condition and development of adjacent uses, buildings, and structures. Furthermore, the use will not adversely affect the adjacent uses, buildings, or structures. 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 conditional use will not require modifications to the existing site or structure. Therefore, the site 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 the Development Code and required 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 and conditioned to ensure conformance with the Building, Development, and Fire Codes. These codes contain provisions designed to provide for the health, safety, and general welfare of the community. Negative impacts are not anticipated. 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 commission, or city council on appeal. The decision to conditionally approve the application for a Conditional Use Permit is based on substantial evidence in view of the record as a whole before the . 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 project will allow for a used car dealership with indoor only display of vehicles. These types of uses are permitted and common within Industrial Park (IP) zones upon approval of a Conditional Use Permit. In addition, the use is not proposing any modifications to the existing site or structure as part of the application. The use represents a negligible expansion to the existing uses. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA21-0881, a Conditional Use Permit application to allow for a used car dealership located at 27491 Diaz Road, 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 18th day of November, 2021. 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. 2021- was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 18th day of November, 2021. Denise Jacobo, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: Project Description: PA21 -0881 Used Car Dealership Conditional Use Permit: A Conditional Use Permit application to allow for a used car dealership. The project is located at 27941 Diaz Road. Assessor's Parcel No.: 921-040-003 N/A (No New Square Footage or Grading) MSHCP Category: N/A (No New Square Footage) DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: Per WRCOG Requirements N/A (Non-Residential Project) November 18, 2021 November 18, 2023 New Street In-lieu of Fee: N/A (Not Located within the Uptown Temecula Specific Plan) PLANNING DIVISION Within 48 Hours of the Approval Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashier’s 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 Determination 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)). 1. General Requirements 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. 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 five extensions of time, one year at a time. A modification made to an approved development plan does not affect the original approval date of a development plan. 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. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 6. Statement of Operations. The applicant shall comply with their Statement of Operations dated August 16, 2021, 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. 7. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City’s Development Code. 8. 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. 9. Appointments. Per the Statement of Operations, customers shall visit the business by appointment only. 10. Vehicle Storage/Parking/Display. All vehicles for sale shall be stored, parked, or displayed indoors only. At no time shall vehicles be stored, parked, or displayed outdoors. 11. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 12. BUILDING AND SAFETY DIVISION General Requirements Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. 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. 13. Compliance with Code. All design components shall comply with applicable provisions of the most current edition of the California Building, Plumbing and Mechanical Codes; California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and Temecula Municipal Code as identified in Title 15 of the Temecula Municipal Code. 14. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on 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 entrance of the building. c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right-of-way to all public areas on site, such as trash enclosures, clubhouses, and picnic areas. 15. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below. 16. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 17. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 18. Demolition. Demolition permits require separate approvals and permits. 19. 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 Code Section 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 20. FIRE PREVENTION General Requirements Fire Dept. Plan Review. 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. 21. Fire Requirement. Each Vehicle will have less than 5 gallons of gasoline while they are stored within the buildings. 22. Prior to Issuance of Building Permit(s) Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval for any changes, modifications or alternations to the existing fire alarm system. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 23. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval for any changes, modifications or alternations to the existing fire alarm system. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. 24. Prior to Issuance of Certificate of Occupancy Gates and Access. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC Chapter 5). 25. 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). 26. Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial, multi-family residential and industrial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6-inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have 4-inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC Chapter 5 and Temecula Municipal Code Section 15.16.020). 27. File Format Requirements. A simple plot plan and a simple floor plan, each as an electronic file of the .DWG format, must be submitted to the Fire Prevention Bureau. Contact Fire Prevention for approval of alternative file formats which may be acceptable 28. POLICE DEPARTMENT General Requirements Alarm System. The buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Sheriff’s Station of any intrusion. All multi-tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7 or is a stand-alone business. 29. 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. 30. Private Security Personnel. Are recommended to provide security during non-work hours. Private security officers shall be unarmed and the security company must be licensed, bonded and insured. This condition is not required if the establishment has trained security staff whose primary duty is to maintain peace and order within the establishment, this requirement is not required. 31. Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula DIRECTOR OF COMMUNITY DEVELOPMENT to consider the matter described below: CASE NO: PA21-0881 APPLICANT: Amad Youssufzay PROPOSAL: A Conditional Use Permit application to allow for an indoor used car dealership. The project is located at 27491 Diaz Road. ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1, Existing Facilities) CASE PLANNER: Eric Jones, (951) 506-5115 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: November 18, 2021 TIME OF HEARING: 1:30 PM The complete agenda packet (including any supplemental materials) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Director of Community Development Meeting. At that time, the packet may also be accessed on the City’s website – TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to the Director regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. – 5:00 p.m. In addition, such material will be made available on the City’s website – TemeculaCA.gov – and will be available for public review at the meeting. Any petition for judicial review of a decision of the Director of Community Development shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Director of Community Development shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400. City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • TemeculaCA.gov November 18, 2021 Ms. Rosemarie M. Anderson Supervising Legal Certification Clerk County of Riverside P.O. Box 751 Riverside, CA 92501-0751 SUBJECT: Filing of a Notice of Exemption for Planning Application Number PA21-0881, a Conditional Use Permit application to allow for an indoor used car dealership. The project is located at 27491 Diaz Road. Dear Ms. Anderson: Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) please find a check in the amount of $50.00, for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The City of Temecula is paying the $50.00 filing fee under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee. Also, please return a stamped copy of the Notice of Exemption within five working days after the 30-day posting in the enclosed self-addressed stamped envelope. If you have any questions regarding this matter, please contact Eric Jones at (951) 506-5115. Sincerely, Luke Watson Deputy City Manager Enclosures: Check Copies of this letter (2) Self-addressed stamped envelopes (2) Previous Filing Fee Receipt (if applicable) City of Temecula Community Development Planning Division Notice of Exemption TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula P.O. Box 751 41000 Main Street Riverside, CA 92501-0751 Temecula, CA 92590 Project Title: Used Car Dealership (PA21-0881) Description of Project: A Conditional Use Permit application to allow for a used car dealership. Project Location: 27491 Diaz Road Applicant/Proponent: Ahmad Youssufzay The Community Development Director approved the above described project on November 18, 2021 and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended. Exempt Status: (check one) Ministerial (Section 21080(b)(1); Section 15268); Declared Emergency (Section 21080(b)(3); Section 15269(a)); Emergency Project (Section 21080(b)(4); Section 15269(b)(c)); Statutory Exemptions (Section Number: ) Categorical Exemption: (Section 15301, Class 1, Existing Facilities) Other: Section 15162 Categorical Exemption Statement of Reasons Supporting the Finding that the Project is Exempt: The project will allow for a used car dealership with indoor only display of vehicles. These types of uses are permitted and common within Industrial Park (IP) zones upon approval of a Conditional Use Permit. In addition, the use is not proposing any modifications to the existing site or structure as part of the application. The use represents a negligible expansion to the existing uses. Contact Person/Title: Eric Jones, Associate Planner Telephone Number (951) 506-5115 Signature: Date: Luke Watson, Deputy City Manager Date received for filing at the County Clerk and Recorders Office: