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HomeMy WebLinkAbout06_008 DH Resolution DH RESOLUTION NO. 06-008 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0020, A MINOR CONDITIONAL USE PERMIT FOR THE OPERATION OF A RENTAL CAR AGENCY WITHIN AN EXISTING MULTI-TENANT RETAIL BUILDING LOCATED AT 27645 JEFFERSON AVENUE, SUITE 113 WHEREAS, Karl Huy, representing RHL Design Group, Inc., filed Planning Application No. PA06-0020 on January 23,2006, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA06-0020 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. PA06-0020 on April 6, 2006, 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 Planning Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA06- 0020 subject to the Conditions of Approval after finding that the project proposed in Planning Application No. PA06-0020 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinas. The Planning Director, in approving Planning Application No. PA06-0020 (Minor Conditional Use Permit) hereby makes the following findings as required by Section 17.04.010.E of the Temecula Municipal Code. A. The proposal for a rental car agency is consistent with the land use designation and policies reflected in the Community Commercial (CC) land use standards in the City of Temecula General Plan, as well as the development standards for the Community Commercial (CC) zoning district contained in the City's Development Code. The project meets the minimum standards for parking and no modifications to the exterior building fayade have been proposed. B. Staff in its review of the project has determined that this conditional use will be compatible with adjacent uses in the surrounding area. The exterior portion of the building is not being changed and it currently is compatible with the surrounding buildings. The project as proposed will not adversely affect the adjacent uses, buildings or structures because the project has been determined to be a weekend user and will not conflict with the adjacent uses because of the differing time of use. G:\Planning\2006\PA06-OO20 Budget Rental Car - Minor CUPlPlanningIDH Reso.doc I C. . The proponent is requesting to move into an existing multi-tenant building. It has been determined by staff that this existing building will accommodate this conditional use and is adequate in size and shape to accommodate the yards, walls, fences, buffer areas and other features prescribed in the Development Code. The parking requirements for this use have been provided for and determined to meet the parking standards in the development code. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed conditional use has been reviewed by the Building, Fire and Community Services Departments and conditioned to insure that the health, safety, and general welfare of the community has been safeguarded. The building will be inspected by the Building Department and Fire Department prior to occupancy to insure that the project is in conformance with all applicable building codes. E. The project has been completely reviewed, as a whole, in reference to all applicable codes and ordinances before the Director of Planning. Section 3. Environmental Comoliance. A Notice of Exemption for Planning Application No. PA06-0020 was made per the California Environmental Quality Act Guidelines Section 15301 (Existing Facilities, Class 1). This project includes a minor interior modification of an existing building. Section 4. Conditions. That the City of Temecula Director of Planning hereby conditionally approves the Application, a request for a Minor Conditional Use Permit to operate a rental car agency within an existing multi-tenant retail building located at 27645 Jefferson Avenue, Suite 113, attached hereto on Exhibit A, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 6th day of April 2006. I, Cynthia M. Lariccia, Secretary of the Temecula Planning Director's Hearing, do hereby certify that DH Resolution No. 06-008 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 6th day of April 2006. , G:\Planning\2006\PA06-0020 Budget Rental Car - Minor CUPlPlanninglDH Reso.doc 2 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\Planning\2006\PA06-OO20 Budget Renlal Car - Minor CUPlPlannioglDH Reso.doc 3 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA06-0020 Project Description: A Minor Conditional Use Permit to establish a Budget Rent A Car agency within Old Adobe Plaza located at 27645 Jefferson Ave., Suite 113. Assessor's Parcel No. 921-480-048-058 N/A MSHCP Category: DIF Category: TUMF Category: N1A N/A Expiration Date: April 6, 2006 April 6, 2008 Approval Date: WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer 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 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developer 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)). G:\Planning\2006IPA06-0020 Budget Rental Car - Minor CUPlPlanninglFlNAL COAs-CUP.doc 1 GENERAL REQUIREMENTS G:\Plannlng\2006\PAOe-0020 Budget Rental Car. Minor CUPlPlanninglFlNAL COAs-CUP.doc 2 Planning Department 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection 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. The applicant shall comply with their Statement of Operations dated January 23, 2006 with the Planning Department, unless superseded by these Conditions of Approval. 4. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. .6. Regular hours of operation shall be Monday through Friday, 8:00 a.m. to 6:00 p.m., Saturday, 8:00 a.m. to 4:30 p.m. and Sunday, 10:00 a.m. to 2:00 p.m. seven days a week. 7. This Conditional Use Permit is valid for a maximum of 12 rental cars to be stored on site at any given time. (Added by Hearing Officer at April 4, 2006 Director's Hearing) Fire Prevention 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. 8. 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. 9. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications. (CFC art.87 et all 10. Provide a 2A:10BC fire extinguisher inside the sales office. Building and Safety 11. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. G:\Planning\2006\PA06-0020 Budget Rerital Car. Minor CUPIPlanningIFINAL COAs-CUP.doc 3 12. 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. As applicable to scope of work proposed. 13. Obtain all building plans and permit approvals prior to commencement of any construction work. As applicable to scope of work proposed. 14. Show all building setbacks. 15. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1 , 1998) As applicable to scope of work proposed. 16. Provide disabled access from the public way to the main entrance of the building. 17. Provide van accessible parking located as close as possible to the main entry. 18. Show path of accessibility from parking to furthest point of improvement. 19. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. As applicable to scope of work proposed. 20. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays At Plan Review Submittal 21. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 22. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. As applicable to scope of work proposed. 23. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. Prior to Permit Issuance 24. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. G:IPlanning\2006\PA06-0020 Budget Rental Car - Minor CUPlPlanninglFINAL COAs-CUP.doc 4 Prior to Beainnina Construction 25. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Community Services Department The following are some of the conditions of approval which will be required by TCSD. 26. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris for any tenant improvements. Only the City's franchisee may haul construction debris. 27. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website at www.citvoflemecula.ora; under Chapter 5.08 of the municipal code. 28. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris for tenant improvements. Police Department 29. Operation E.R.A.C.I.T. and philosophy; to cooperatively work with all businesses in the community ensuring responsible alcohol sales and practices within the City of Temecula. 30. Meet with the Special Teams Sergeant to provide information and discuss responsible business practices. Personnel from the Department of Alcoholic Beverage Control (ABC) will also be invited. 31. Schedule and on-site meeting to review security needs as well as Crime Prevention Through Environmental Design (CPTED). 32. Schedule an on-site Temecula Police Department training program with ABC. To review laws, regulations and responsible alcohol sales practices with business employees and management. 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 Signature Date Applicant's Printed Name G:IPlannlng12006IPA06-0020 Budget Rental Car - Minor CUPIPianningIFINAL COAs.CUP.doc 5