HomeMy WebLinkAbout07_017 DH Resolution
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DH RESOLUTION NO. 07-017
A RESOLUTION OF THE PLANNING DIRECTOR OF THE
CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA07-0280 A MINOR CONDITIONAL
USE PERMIT FOR ALLANTE AUTO SALES TO
AUTHORIZE USED AUTOMOBILE SALES AND AN
INDOOR SHOWROOM (NO OUTDOOR DISPLAY) FROM
A 1,400 SQUARE FOOT LIGHT INDUSTRIAL SUITE
INSIDE AN EXISTING 6,806 SQUARE FOOT MUL TI-
TENANT INDUSTRIAL BUILDING LOCATED AT 28710
VIA MONTEZUMA (APN: 921-400-026)
Section 1. Procedural FindinQs. The Planning Director of the City of Temecula
does hereby find, determine and declare that:
A. On October 2, 2007, applicant and owner Mr. Art Bueno filed Planning
Application No. PA07-0280, a Minor Conditional Use Permit for Allante Auto Sales to
authorize used automobile sales and an indoor showroom (no outdoor display) from a
1,400 square foot light industrial suite inside an existing 6,806 square foot multi-tenant
industrial building located at 28710 Via Montezuma, 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 December 6, 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. PA07-0280
subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PA07-0280 conformed to the City of Temecula's General Plan and
Development Code.
Section 2. Further Findinas. The Planning Director, in approving the Planning
Application No. PA07-0280 hereby makes the following findings as required by Section
17.040.01 O.E (Conditional Use Permit) of the Temecula Municipal Code:
Conditional Use Permit - Development Code Section 17.040.010.E
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The proposed conditional use, a used automobile sales facility, is consistent with
the goals and policies contained within the City of Temecula's General Plan. The
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General Plan land use designation for the subject property is Industrial Park (lP),
which has anticipated uses similar in nature to an automobile showroom and
sales facility. The subject property is within the Light Industrial (LI) zoning
district, and the Light Industrial zoning standards are intended to implement the
goals and policies of the General Plan. This project meets all applicable
development code standards and requirements for the Light Industrial zoning
district.
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings, 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. The proposed used
automobile showroom and sales facility will be located in a multi-tenant light
industrial building. The original Development Plan for the building anticipated
automobile service center type uses, which is consistent with the proposed
conditional use. All of the immediately surrounding land uses and businesses
are all automobile service, maintenance and repair related. Additionally, across
the street from the proposed used automobile indoor showroom facility is an
existing indoor wholesale automobile broker. When the Development Plan for
the building was approved it was determined that the project and its anticipated
uses were consistent with the General Plan, and therefore all potential impacts
were analyzed as part of the General Plan EIR. The proposed conditional use is
not anticipated to adversely affect adjacent structures, uses, buildings or
structures.
C. The site for the proposed conditional use is adequate in size and shape to
accommodate the yards, fencing, 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 the
other uses in the neighborhood;
When the site for the proposed use was developed it was anticipated that
automobile service type uses would occupy this facility. The building was
constructed to include screened roll-up doors to accommodate automobile
related uses. No exterior changes or construction are proposed as a part of this
project. It has been determined that an adequate number of parking spaces have
been provided on-site to accommodate the proposed conditional use, as well as
the existing uses on-site. The project has been properly planned and zoned to
accommodate the proposed conditional use and all necessary development
features have been incorporated into the project to integrate the use into the
surrounding area.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
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The nature of the proposed conditional use has been adequately conditioned to
protect and preserve the public health, safety and general welfare. The
conditional use is not anticipated to have a detrimental affect on the community
or on the surrounding structures or uses.
E. The decision to approve, conditionally approve, or deny the application for
a Conditional Use Permit has been based upon substantial evidence in view of the
record as a whole before the Director of Planning;
The decision to approve this condition use, subject to the Conditions of Approval,
has been based upon the analysis of substantial evidence in view of the record
as a whole. It has been determined that the proposed conditional use is
consistent with the City's General Plan, Development Code and all other
applicable ordinances, guidelines and policies.
Section 3. Environmental FindinQs. The Director of Planning hereby make 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);
This project is exempt from further environmental review and qualifies for the
Class1 Existing Facilities exemption under Section 15301 of the California
Environmental Quality Act. Planning Application No. PA05-0086, a Development
Plan to construct a 6,806 square feet multi-tenant auto service center building,
was approved by the Director of Planning on July 14, 2005. When the
Development Plan for this building was approved it was determined that the
project and its anticipated uses would not have a significant environmental
impact. The proposed use, and subsequent Planning Application No. PA07-0280
(Conditional Use Permit), does not involve any new construction or expansion of
the existing structure. Additionally, the anticipated use for this building was for
auto service related type businesses, and the sale of used automobiles is
consistent with this previously anticipated use. No impacts are anticipated as a
result of this project.
Section 4. Conditions. That Planning Director of the City of Temecula hereby
approves Planning Application No. PA07-0280, a Minor Conditional Use Permit for
Allante Auto Sales to authorize used automobile sales and an indoor showroom (no
outdoor display) from a 1,400 square foot light industrial suite inside an existing 6,806
square foot multi-tenant industrial building located at 28710 Via Montezuma subject to
the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated
herein by this reference.
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Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of
the City of Temecula this 6th day of December 2007.
1)p;h/-e' t/~ ~
Debbie Ubnoske, Director of Planning
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby
certify that DH Resolution No. 07-017 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
December 2007.
cretary
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
SCANNED:
G DRIVE:
PERMITS PLUS:
INITIALS:
PLANNER:
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ACCEPTANCE OF CONDITIONS OF APPROVAL
I, Art Bueno, understand that Planning Application No. PA07-0280 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. 07-017 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.
c;/-~/
SIGNA TURE
/:1--- / ?-- / e;;: 7-
DATE
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA07-0280
Project Description:
A Minor Conditional Use Permit for Allante Auto Sales to
authorize a used automobile sales facility and indoor
showroom (no outdoor display) from a 1,400 square foot
light industrial suite inside an existing 6,806 square foot
multi-tenant industrial building located at 28710 Via
Montezuma
Assessor's Parcel No.
921-400-026
MSHCP Category:
DIF Category:
TUMF Category:
NIA
NIA
NIA
Approval Date:
December 6, 2007
Expiration Date:
December 6, 2009
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)).
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.
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Planning Department
3. The applicant shall sign the final Conditions of Approval and Acceptance of Conditions of
Approval documents that will be provided by the Planning Department staff, and return the
documents with original signatures to the Planning Department. Upon receipt, stamped
approved plans and a copy of the signed Conditions of Approval will be forwarded to
applicant.
4. 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. The 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.
5. The applicant shall comply with their Statement of Operations dated October 2,2007, which
is on file with the Planning Department, unless superseded by these Conditions of Approval.
6. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
7. The City, and its Planning Director, 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 the business, a change in scope,
emphasis, size or 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 Planning Director, Planning
Commission, and City Council is in addition to, and not in-lieu of, the right of the City, its
Planning Director, Planning Commission, and City Council to review and 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.
8. The applicant shall comply with all previous Conditions of Approval for Planning Application
No. PA05-0086, unless superseded by these Conditions of Approval.
9. The permittee shall obtain City approval for any modifications or revisions to the approval of
this Conditional Use Permit.
10. This approval shall be used within two years of the approval date; otherwise, it shall become
null and void. By use is meant 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.
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GENERAL REQUIREMENTS
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Planning Department
3. The applicant shall sign the final Conditions of Approval and Acceptance of Conditions of
Approval documents that will be provided by the Planning Department staff, and return the
documents with original signatures to the Planning Department. Upon receipt, stamped
approved plans and a copy of the signed Conditions of Approval will be forwarded to
applicant.
4. 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. The 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.
5. The applicant shall comply with their Statement of Operations dated October 2,2007, which
is on file with the Planning Department, unless superseded by these Conditions of Approval.
6. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
7. The City, and its Planning Director, 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 the business, a change in scope,
emphasis, size or 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 Planning Director, Planning
Commission, and City Council is in addition to, and not in-lieu of, the right of the City, its
Planning Director, Planning Commission, and City Council to review and 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.
8. The applicant shall comply with all previous Conditions of Approval for Planning Application
No. PA05-0086, unless superseded by these Conditions of Approval.
9. The permittee shall obtain City approval for any modifications or revisions to the approval of
this Conditional Use Permit.
10. This approval shall be used within two years of the approval date; otherwise, it shall become
null and void. By use is meant 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.
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11. If commencement of the use has not occurred within two years of approval of this permit,
the permittee may file an application at lest 30 days prior to expiration of the Conditional use
permit, apply for up to 3 one-year extensions of time. Each extension of time shall be
granted in one-year increments only.
12. Regular hours of operation shall be Monday through Saturday from 8:00 a.m. to 5:00 p.m.
13. The indoor showroom at Allante Auto Sales shall accommodate eight to ten cars at a time.
14. All automobiles that will be sold on the premises shall be parked in the indoor showroom
only. No parking of vehicles shall be permitted on the exterior of the building, or in any
exterior parking areas on-site, including the ten parking spaces designated and intended for
use by the customers of AIIante Auto Sales.
15. All automobiles that are intended to be sold at the AIIante Auto Sales facility, that are being
serviced or repaired at the adjacent automobile repair business, Integrity Automotive, or any
other automobile service or repair shop, shall be brought immediately into the indoor
showroom at the AIIante Auto Sales facility, upon the completion of any service,
maintenance or repair. Automobiles whose repair, service or maintenance has been
completed, and are intended to be sold at the Allante Auto Sales facility, may not be parked
in the alleyway or in front of any other business for any reason.
16. A separate building permit shall be required for all signage. All signage shall be consistent
with the Department of Motor Vehicles requirements for retail auto brokers. A sign program
is required to be approved prior to the issuance of any building permits for any signage.
17. 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.
18. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These
shall be clearly labeled on site plan.
19. 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.
20. The development of the premises shall substantially conform to the approved site plan and
elevations contained on file with the Planning Department.
21. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Building and Safety Department
22. All design components shall comply with applicable provisions of the 2007 edition of the
California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; 2007
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access
Regulations, and the Temecula Municipal Code.
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23. Obtain all building plans and permit approvals prior to commencement of any construction
work.
24. Projects with multiple buildings on a site, each building is required to provide a separate
metered electrical panel for irrigation, site lighting, and Fire Department equipment. A site
with a single building and one occupant, a separate metered panel for irrigation, site
lighting, and Fire Department equipment is at the discretion of the building owner.
25. All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans. (California Disabled Access Regulations effective April 1 , 1998)
26. Provide disabled access from the public way to the main entrance of the building.
27. Provide van accessible parking located as close as possible to the main entry.
28. Show path of accessibility from parking to furthest point of improvement.
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OUTSIDE AGENCIES
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29. The applicant shall comply with the recommendations set forth in the County of Riverside
Department of Environmental Health's transmittal dated October 15, 2007, a copy of which
is attached.
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o C.:NTY OF RIVERSIDE · HEAL. SERVICES AGENCY 0
DEPARTMENT OF ENVIRONMENTAL HEALTH
City of Temecula
Planning Department
c/o Katie Lecomte
PO BOX 9033
Temecula, CA 92589-9033
IO)~(CI! n \\ff!fiil
In1 ucl 19 2007 (!!J
By.
P/anningOepaTtnlent
15 October 2007
RE: PA07-0280
The Department of Environmental Health (DEH) has received and reviewed the P A07-
0280 for the Minor Conditional Use Permit to authorize indoor auto sales for AlIante
Auto Sales located within an existing building in the Light Industrial Zoning district
under applicant: Art Bueno.
The CUP is required to counect to sanitary sewer and potable water and if any vending
machines are installed, food plan check will be required from DEH. The project is
located at the northeast comer of Via Montezuma and Commerce Center Drive at 28710
Via Montezuma" Suite #3. (APN 921-400-026)
Any future food facility the applicant shall contact this Department at 951.461.0284 for
food plan check compliance by the County of Riverside DEH.
If your have any questions, please do not hesitate to call me at 951,955.8980
. Sincerely,
1li41
Gregor Dellertbach, REHS
EHS073308 ($234.00)
LocillEnforcement Agen~y . po. Bdx 1280. Riverside.CA 92502-12,1>0. (909) 955-8982 . FAX (909) 781-9653 . 4080 Lemon Street, 9th Floor. Riverside. CA 92501
I.and Use and -Water Engineering.:~P.O: Box-1206, Riverside, CA 92502-1206 . (909) 955-8980 . FA0 (9091955-~.903. 4080 Lemon Street -2nd Floor, Riverside, CA 9.2.501 ,