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HomeMy WebLinkAbout2021-06 DH Resolution DH RESOLUTION NO. 2021-06 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 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. 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 (JP) 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 ❑eve pm. this 18'h day of November, 2021. Luaatson Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 2021-06 was duly and regularly adapted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 18tn day of November, 2021. cl u Denise Jacobo, Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA21-0881 Project Description: 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 MSHCP Category: N/A(No New Square Footage or Grading) DIF Category: N/A(No New Square Footage) TUMF Category: Per WRCOG Requirements Quimby Category: N/A (Non-Residential Project) New Street In-lieu of Fee: N/A (Not Located within the Uptown Temecula Specific Plan) Approval Date: November 18, 2021 Expiration Date: November 18, 2023 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Deteri-nination. 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)). General Requirements 2. 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. 3. 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. 4. 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. 5. 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. 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 7. 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. 8. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 9. 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. 10. Appointments. Per the Statement of Operations, customers shall visit the business by appointment only. 11. Vehicle StoragelParkinglDisplay. All vehicles for sale shall be stored, parked, or displayed indoors only.At no time shall vehicles be stored, parked, or displayed outdoors. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 12. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DIVISION General Requirements 13. Final Building an afety 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. 14. 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. 15. 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. 16. 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. 17. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 18. 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. 19. Demolition. Demolition permits require separate approvals and permits. 20. 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. FIRE PREVENTION General Requirements 21. 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. 22. Fire Requirement. Each Vehicle will have less than 5 gallons of gasoline while they are stored within the buildings. Prior to Issuance of Building Permit(s) 23. Re uired 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. 24. 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 Prior to Issuance of Certificate of Occupancy 25. 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). 26. 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). 27. 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). 28. 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 POLICE DEPARTMENT General Requirements 29. 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. 30. 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. 31. 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.