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HomeMy WebLinkAbout07_011 DH Resolution DH RESOLUTION NO. 07-011 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0174, A MINOR CONDITIONAL USE PERMIT TO ALLOW USED AUTO SALES TO BE CONDUCTED WITHIN A MULTI-TENANT BUILDING. TOTALING 1,080 SQUARE FEET INCLUDING AN OFFICE, WAREHOUSE SPACE, AND A RESTROOM, WITH ALL VEHICLES BEING STORED IN THE WAREHOUSE, GENERALLY LOCATED ON THE SOUTH SIDE OF RIO NEDO, APPROXIMATELY 700 FEET WEST OF DIAZ ROAD AT 42103 (APN: 909-255-010) Section 1. Procedural Findinqs. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On June 11, 2007, Salim Purmul, filed Planning Application No. PA07- 0174, a Minor Conditional Use Permit, 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 Planning Director, at a regular meeting, considered the Application and environmental review on October 11, 2007 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 Planning Director approved Planning Application No. PA07-0174 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0174 conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findinqs. The Planning Director, in approving the Planning Application No. PA07-0174 hereby makes the following findings as required by Section 17.040.010.E (Conditional Use Permit) of the Temecula Municipal Code: Minor Conditional Use Permit I Section 17.040.010.E A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinance of the City; The proposed use in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinance of the City. The project site is zoned Light Industrial and the General Plan Designation for the site is Industrial Park, which allows for used automobile dealers with no outdoor G:\Planning\2007\PA07-0174 Indoor Auto Sale\Planning\DH RESOLUTION EXEMPT FROM CEQA.doc I The decision to approve, conditionally approve, or deny 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 Planning, Planning Commission or City Council on appeal. Section 3. Environmental Findinqs. The Director of Planning hereby makes the following environmental findings and determinations in connection with the approval of the Minor Conditional Use 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 facility is located in an existing multi-tenant building within a light industrial district. In addition, the site contains sufficient parking spaces and improvements for both the existing and proposed uses. No expansion of the building is proposed for the used car facility, which is minor in nature and will not cause negative impacts to traffic, or a nuisance to neighbors. Conditions of Approval have been implemented to ensure the project does not cause adverse impacts to the surrounding area. Section 4. Conditions. That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0174, a Minor Conditional Use Permit to allow auto sales to be conducted within a multi-tenant building located at 42103 Rio Nedo, Suite 102. The suite totals 1,080 square feet and includes an office, warehouse space, and a restroom. All vehicles will be stored in the warehouse portion of the suite, 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 Planning Director of cula this 11 th day of October 2007. Patrick Richardson, Principal Planner I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 07-011 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting. thereof held on the 11th day of October 2007. ' r G:\Planning\2007\PA07-0174 Indoor Auto Sale\Planning\DH RESOLUTION EXEMPT FROM CEQA.doc 3 display provided a Conditional Use Permit is issued and the parking is consistent with the required demand. The number of parking spaces existing on the site meets the parking required for the existing and proposed tenants together. Therefore, the project is consistent with the parking standards within the Development Code. 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 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 proposed use is a conditionally permitted use in the Light Industrial zone and the project site is currently developed with all improvements in place including parking. Furthermore, the scope of the proposed use is minor in nature and will not generate a traffic problem within the center. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking 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 site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking 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. This is because the project site is currently existing and developed and the proposed use does not propose any additions or exterior alterations to the building site. The proposed parking demand does not exceed the existing parking spaces. Therefore, the site is adequate for the proposed use. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of community; The nature of the proposed conditional use is not detrimental to the health safety and general welfare of the community because the project has been reviewed and conditioned by all the appropriate government agencies. In addition, the project site is adequate for the size and scope of the project. 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. G:\Planning\2007\PA07-0 174 Indoor Auto Sale\Planning\DH RESOLUTION EXEMPT FROM CEQA.doc 2 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\Planning\2007\PA07-01741ndoor Auto Sale\Planning\COA-CUP.doc 1 SCANNED: G DRIVE: PERMITS PLUS: 1/-t,-07 /1-~-1J7 ~ 't -1.-1/1 ACCEPTANCE OF CONDITIONS OF APPROVAL I, Salim Purmul, understand that Planning Application No. PA07-0174 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No. 07-011 and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. ~~ .--. 0- SIGNA RE --.. ~ 1/~!{-o7 DATE G:\Planning\2007\PA07-0174 Indoor Auto Saie\Planning\COA-CUP.doc 2 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07.0174 Project Description: A Minor Conditional Use Permit to allow used auto sales to be conducted within a multi-tenant building, totaling 1,080 square feet including an office, warehouse space, and a restroom, with all vehicles being stored in the warehouse portion of the suite, generally located on the south side of Rio Nedo, approximately 700 feet west of Diaz Road, at 42103 Rio Nedo, Suite 102 Assessor's Parcel No. 909-255-010 Approval Date: October 11, 2007 Expiration Date: October 11, 2009 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicanUdeveloper 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 applicanUdeveloper 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)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. G:\Planning\2007\PA07-0174 Indoor Auto Sale\Planning\COA-CUP .doc 3 GENERAL REQUIREMENTS G;\Planning\2007\PA07.0174 Indoor Auto Sale\Planning\COA-CUP.doc 4 Planning Department 3. The applicant and .owner .of the real property subject te this cendition shall hereby agree te indemnify, protect, held harmless, and defend the City with Legal Ceunsel .of the City's .own selectien frem any and all claims, actiens, awards, judgments, or proceedings against the City to attack, set aside, annul, .or seek menetary damages resulting, directly .or indirectly, from any actien in furtherance .of and the appreval .of the City, .or any agency .or instrumentality thereef, advisery agency, appeal beard .or legislative bedy including actiens approved by the veters .of the City, cencerning the Planning Applicatien. The City shall be deemed fer purpeses .of this cenditien, te include any agency .or instrurnentality thereef, .or any .of its elected or appeinted .officials, .officers, ernpleyees, consultants, centracters, legal ceunsel, and agents. City shall promptly netify beth the applicant and landewner .of any claim, actien, .or proceeding te which this cenditien is applicable and shall further ceeperate fully in the defense .of the actien. The City reserves the right te take any and all actien the City deerns te be in the best interest .of the City and its citizens in regards te such defense. 4. The appiicant shall cemply with their Statement .of Operatiens dated June 11,2007, en file with the Planning Department, unless superseded by these Cenditiens .of Approval. 5. This Cenditienal Use Permit may be reveked pursuant te Sectien 17.03.080 .of the City's Develepment Cede. 6. The City, and its Planning Directer, Planning Cemmissien, and City Ceuncil retain and reserve the right and jurisdictien te review and medify this Cenditienal Use Permit (including the Cenditiens .of Appreval) based en changed circumstances. Changed circumstances include, but are net limited te, the medificatien of the business, a change in scepe, emphasis, size .or nature .of the business, and the expansien, alteratien, recenfiguratien .or change .of use. The reservatien .of right te review any Cenditienal Use Permit granted .or approved .or cenditienally approved hereunder by the City, its Planning Directer, Planning Cemmissien, and City Ceuncil is in additien te, and net in-lieu .of, the right .of the City, its Planning Directer, Planning Cemmissien, and City Ceuncil te review and reveke .or medify any Cenditienal Use Permit approved .or cenditienally approved hereunder fer any vielatiens .of the cenditiens impesed en such Cenditienal Use Permit or fer the maintenance .of any nuisance cenditien .or ether cede vielatien thereen. 7. The permittee shall .obtain City appreval fer any medificatiens .or revisiens te the approval .of this Cenditienal Use Permit. 8. This approval shall be used within twe years .of the appreval date; otherwise, it shall beceme null and veid. By use is meant the beginning .of substantial censtructien centemplated by this approval within the twe-year peried, which is thereafter diligently pursued te cempletien, .or the beginning .of substantial utilizatien centemplated by this appreval. 9. If cemmencement .of the use has net .occurred within twe years .of approval .of this permit, the permittee may file an applicatien at lest 30 days prier te expiratien .of the Cenditienal Use Permit, apply fer up te 3 one-year extensiens .of time. Each extensien .of time shall be granted in .one-year increments .only. 10. Regular heurs .of eperatien shall be between 8 a.m. and 8 p.m., seven days each week. 11. A separate building permit shall be required fer all signage (Sign Program may be required). G:\Planning\2007\PA07-0174 Indoor Auto Sale\Planning\COA-CUP.doc 5 12. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 13. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Department a copy of a recorded Reciprocal Use Agreement, which provides for cross-lot access and parking across all lots. 14. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 16. No vehicles for sale shall be stored or displayed outside. 17. No maintenance of any kind shall be performed on the vehicles. 18. . No more than four vehicles shall be stored I displayed within the warehouse portion of the suite. Building and Safety Department 19. Submit plans to Building and Safety for review, approval and required permits. Police Department After review of this minor conditional use permit request, there are no requirements for extra police officers at this event. The following conditions must be met: 20. The sales and/or use of any alcoholic beverages on premises are prohibited in accordance with City Ordinance 97-07 (9.14.010 series TMC). 21. Applicant will ensure no loitering occurs on or adjacent to its premises during hours of operation. 22. Applicant will ensure both pedestrian and vehicle traffic is not impeded by this event. Sidewalks and roadways throughout this area will be kept clear for movement of pedestrian foot and vehicle traffic. 23. At no time will any road closures occur without prior permission from the Temecula City Council. 24. Applicant will ensure sufficient lighting is provided for customers during hours of darkness in the parking lot area. 25. Applicant will be responsible for any cost incurred by the Police Department if additional officers are required because of traffic problems/congestions, publiC disturbance or where the need for police presence is required. G:\Planning\2007\PA07-0174 Indoor Auto Sale\Planning\COA-CUP.doc 6 26. Any questions regarding these conditions can be referred to the Police Department Crime Prevention and Plans Unit (951) 506-6793. G:\Planning\2007\PA07-0174 Indoor Auto Sale\Planning\COA-CUP.doc 7 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:\Planning\2007\PA07-0174 Indoor Auto Sale\Planning\COA.CUP.doc 8 Fire Prevention 27. Approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors (CFC 901.4.4). 28. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the fire riser sprinkler room (CFC 902.4). G:\Planning\2007\PA07 -0174 Indoor Auto Sare\Planning\COA-CUP .doc 9