HomeMy WebLinkAbout2023-02 DH ResolutionDH RESOLUTION NO.2023-02
A RESOLUTION OF THE DIRECTOR OF COMMUNITY
DEVELOPMENT OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. PA23-0025, A
CONDITIONAL USE PERMIT APPLICATION FOR AN
AUTO -BODY COLLISION REPAIR FACILITY LOCATED
AT 28418 FELIX VALDEZ AVENUE, AND MAKING A
FINDING OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-280-
007)
Section 1. Procedural Findings. The Director of Community Development of the City
of Temecula does hereby find, determine and declare that:
A. On January 12, 2023, Sean Oliver on behalf Auto Body of Temecula, filed Planning
Application No. PA23-0025, 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 May 4, 2023, 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 Planting Application No. PA23-
0025 subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PA23-0025, conformed to the City of Temecula's General Plan Development
Codel
Section 2. Further Findings. The Director of Community Development, in approving
Planning Application No. PA23-0025, 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 business will operate as an auto -body collision repair facility. This proposed use is
consistent with the City of Temecula General Plan and Development Code, which label the
project site as Service Commercial (SC). The General Plan and Development Code allow
for an automobile painting and body shop at the project site upon the approval of a
Conditional Use Permit.
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 conditional use will be located within an existing structure within a Service
Commercial (SC) zone. As conditioned, 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 surrounding area includes industrial uses and the building may accommodate
for the use.
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 application will allow for an auto -body collision repair facility within an existing
building. No modifications to the site are proposed Since the site andproposed conditional
use are consistent with the General Plan and Development Code requirements, the project
site is adequate to accommodate the proposed use as required by the Director of
Community Development in order 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 use, as conditioned, meets all requirements of the Development, Fire, and Building
Codes. These codes contain provisions designed to ensure the protection of the health,
safety, and general welfare of the community.
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 has
been based on substantial evidence in view of the record as a whole before the Director of
Community Development.
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 proposed use will be located within an existing building and is permitted upon the
approval of a Conditional Use Permit. The structure can already accommodate the use.
No modifications to the site or structure are needed in order for the use to operate.
Conditions of Approval have been implemented to ensure the project does not cause
adverse impacts to the surrounding area.
Section 4. Conditions. The Director of Community Development of the City of
Temecula approves Planning Application No. PA23-0025, a Conditional Use Permit to allow for
an auto -body repair facility located at 28418 Felix Valdez Avenue and makes a finding of
exemption under the California Environmental Quality Act (CEQA), subject to the Final
Conditions of Approval set forth on Exhibit A, Statement of Operations set forth on Exhibit B and
Plan Reductions set forth on Exhibit C, attached hereto, and incorporated herein by this reference
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Director of Community Development this 4th day of May, 2023
wk
Matt Peters
Assistant Community Development Director
I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that the
forgoing DH Resolution No. 2023-02 was duly and regularly adopted by the Director of
Community Development of the City of Temecula at a regular meeting thereof held on the 4th
day of May, 2023
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Denise Jaco o, Secretary
CITY OF TEMECULA
CONDITIONS OF APPROVAL ACCEPTANCE
Planning Application Number: PA23-0025
Parcel Number(s):
921-280-007
By signing below, I/we have agreed to the following Conditions of Approval, including (but not limited
to) any referenced documents, local state, or federal regulations, statement of operations, hours of
operation, floor plans, site plans, and Conditions that may require the payment or reimbursement
of fees, as described. I/we have read the attached Conditions of Approval and understand them.
I/we also understand that violations or non-compliance with these Conditions of Approval, may
delay a project, and/or result in the revocation of a permit in accordance with the Temecula
Municipal Code. I/we are also responsible for disclosing these Conditions of Approval to any
successive owners/operators. Uwe agree and commit to the City of Temecula that I/we will
implement and abide by the Conditions of Approval, including any indemnification requirements
imposed by those conditions.
Property Owner Printed Name
Applicant Printed Name
Property Owner Signature & Date
Applicant Signature & Date
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CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA23-0025
Project Description:
Auto Body of Temecula CUP: A Conditional Use Permit for an auto -body
collision repair facility located at 28418 Felix Valdez Avenue.
Assessor's Parcel No.:
921-280-007
MSHCP Category:
N/A (Existing Building/ No New Grading)
DIF Category:
N/A (Existing Building/ No New Grading)
TUMF Category:
N/A (Existing Building/ No New Grading)
Quimby Category:
N/A (Not a Residential Project)
New Street In -lieu of Fee:
N/A (Existing Building/ No New Square Footage)
Approval Date:
May 04, 2023
Expiration Date:
May 04, 2025
PLANNING DIVISION
Within 48 Hours of the Approval
Page 1 of 6
1. Applicant Filing Notice of Exemption. APPLICANT ACTION REQUIRED:
The applicantideveloper is responsible for filing the Notice of Exemption as required under
Public Resources Code Section 21152 and California Code of Regulations Section 15062 within
48 hours of the project approval. If within said 48-hour period the applicant, developer has not
filed the Notice of Exemption as required above, the approval for the project granted shall be
void due to failure of this condition. Failure to submit the Notice of Exemption will result in an
extended period of time for legal challenges.
FEES:
Fees for the Notice of Exemption include the Fifty Dollar County ($50.00) administrative fee.
The County of Riverside charges additional fees for credit card transactions.
FILING:
The City shall provide the applicant with a Notice of Exemption within 24 hours of approval via
email. If the applicant/developer has not received the Notice of Exemption within 24 hours of
approval, they shall contact the case Planner immediately. All CEQA documents must be filed
online with the Riverside County Assessor —County Clerk- Recorder. A direct link to the CEQA
filings page is available at TemeculaCA.gov/CEQA.
COPY OF FILINGS:
The applicant shall provide the City with a digital copy of the required filings within 48 hours.
General Requirements
2. Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and
Defense Costs, Including Attorneys' Fees, Incurred by the City. The Applicant shall defend,
indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers,
agents, and those City agents serving as independent contractors in the role of City officials
(collectively "Indemnitees') from and against any claims, damages, actions, causes of actions,
lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without
limitation, aftomeys' fees or court costs) in any manner arising out of or incident to the Planning
Commission's actions, this approval and the City Council's actions, related entitlements, or the
City's environmental review thereof. The Applicant shall pay and satisfy any judgment, award
or decree that may be rendered against City or the other Indemnitees in any such suit, action,
or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or
proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly
notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably
cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify,
or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of
its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all
legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Nothing in this condition shall be construed to require the Applicant
to indemnify Indemnitees for any claim arising from the sole negligence or willful misconduct of
the Indemnitees. In the event such a legal action is filed challenging the City's determinations
herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The
Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an
agreement with the City to pay such expenses as they become due.
Page 2 of 6
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. TimeExtension. 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 three 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. Signage Permits. A separate building permit shall be required for all signage.
7. Graffiti. All graffiti shall be removed within 24 hours on equipment, walls, or other structures.
8. Modifications or Revisions. The developer shall obtain City approval for any modifications or
revisions to the approval of this project.
9. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the
construction plans shall include all details of the trash enclosures, including the solid cover.
10. Statement of Operations. The applicant shall comply with their Statement of Operations dated
April 5th, 2023, 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.
11. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section
17.03.080 of the Citys Development Code.
12. Property Maintenance. All parkways, including within the right-of-way, entryway median,
landscaping, walls, fencing, recreational facilities, and on -site lighting shall be maintained by
the property owner or maintenance association.
13. Air Quali The applicant shall maintain air quality by operating under the set thresholds and
maintaining an active permit with Southern California Air Quality Management District
(SCAQMD).
14. Landscape Compliance. Prior to the final building inspection, the applicant is responsible of
scheduling a landscape inspection with the planning department. As evidence of compliance
with the approved plans under PA20-0652.
15. Modification Aoolication Required. Please be advised, a Modification Application for the
installation of the vent and trash enclosure prior to submitting plans to building and safety for
plan check is required.
BUILDING AND SAFETY DIVISION
General Requirements
Page 3 of 6
i6. Final Buildino 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.
17. 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.
18. 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 dose 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.
19. 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.
20. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit
approvals prior to commencement of any construction work.
21. 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.
22. Demolition. Demolition permits require separate approvals and permits.
23. 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
24. 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.
Page 4 of 6
25. Fire Requirement. Spray booth plans shall be submitted electronically to the Fire Prevention
Bureau for approval. Spray booth plans must be submitted by the installing contractor to the
Fire Prevention Bureau. Contractor must be certified to install the system that is being
installed. These plans must be submitted pdor to the issuance of building permit. The spray
booth extinguishing system will be required to be tied into the fire alarm system for monitoring.
Prior to Issuance of Building Permit(s)
26. Required Submittals (Fire Underaround Water). If the existing building is not equipped with
commercial fire sprinklers, the building will be required to be retrofitted to have commercial fire
sprinklers, which will then require an underground permit forthe fire service line coming into the
building. The developer shall furnish electronic copies of the water system plans to the Fire
Prevention Bureau for approval prior to installation for all private water systems. Plans shall
be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature
block, and conform to hydrant type, location, spacing and minimum fire flow standards.
Hydraulic calculations will be required to show the fire sprinkler flow demand can be met. The
plans must be submitted and approved prior to building permit being issued (CFC Chapter 33
and Chapter 5).
27. Required Submittals (Fire Sprinkler Systems). If the building is a non-sprinklered building, it
will be required to be retrofitted with a complete fire sprinkler system. If the building has existing
fire sprinklers, then a tenant improvement permit will be required. Fire sprinkler plans shall be
submitted electronically to the Fire Prevention Bureau for approval. 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. These plans are required an a sprinkler tenant
improvement will be required to show compliance for the auto body facility. Sprinkler upgrades
may be required, and this will be determined by the fire sprinkler contractor.
28. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted electronically
to the Fire Prevention Bureau for approval. 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
29. Hiah Piled Stock (Proposed). Buildings housing high -piles combustible stock shall comply with
the provisions of California Fire Code Chapter 32 and all applicable National Fire Protection
Association standards. For any plastic or high hazard commodities that are stored greater than
5-feet in height and more than 500 square feet, will require a high piled storage permit. The
storage of high -piled combustible stock may require structural design considerations or
modifications to the building. Fire protection and life safety features may include some or all
of the following: an automatic fire sprinkler system(s) designed for a specific commodity class
and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire
Department access doors and Fire Department access roads (CFC Chapter 32 and Temecula
Municipal Code Section 15.16.020).
30. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective
markers (blue dots) (Temecula Municipal Code Section 15.16.020).
31. 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).
Page 5 of 6
32. 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).
33. Site Plan. The applicant shall prepare and submit to the Fire Department for approval, a site
plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5).
34. Additional Submittals (Hazardous Materials). The applicant shall submit for review and
approval by the City Fire Department a Hazardous Material Inventory Statement and Fire
Department Technical Report. This is separate from the environmental health permit.
Information package is available online on the city website under fire prevention. A full
hazardous materials inventory report and color -coded floor plan is required for any building
storing or using hazardous materials (CFC Chapters 1 and 50 through 67 and Temecula
Municipal Code Section 15.16.020).
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