HomeMy WebLinkAbout08_011 DH ResolutionDH RESOLUTION NO. 08-011
A RESOLUTION OF THE DIRECTOR OF PLANNING OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA08-0050, A MINOR CONDITIONAL
USE PERMIT TO LOCATE RV READY (RV
SALES/DISPLAY) AT THE FORMER KIA WORLD SITE
WITH ALL IMPROVEMENTS EXISTING ON SITE,
INCLUDING PARKING LOT, THREE BUILDINGS FOR
OFFICES/SALESIREPAIRS, AND DISPLAY LIFT WITH
NO ADDITIONAL SITE CHANGES/CONSTRUCTION
PROPOSED (APN 910-310-007)
Section 1. Procedural Findings. The Director of Planning of the City of
Temecula does hereby find, determine and declare that:
A. On February 25, 2008, Howard Rosenthal, on behalf of RV Ready, J&G
Gosch LLC, and MEG Investments, filed Planning Application No. PA08-0050, a
Mino;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 Planning, at a regular meeting, considered the Application
and environmental review on May 22, 2008, 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 Planning approved Planning Application No. PA08-0050
subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PA08-0050, conformed to the City of Temecula's General Plan
Development Code.
Section 2. Further Findings. The Director of Planning, in approving Planning
Application No- PA08-0050, hereby makes the following findings as required by Section
17.04.010E.
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The proposed conditional use is consistent with the General Plan and the
Development Code. The project site is zor
Plan designation is Highway Tourist, which
and rentals with a Conditional Use Permit.
and contained a Kia auto dealership. The
the existing buildings, sign, landscape plat
'd Highway Tourist and the General
allows for recreational vehicle sales
Previously, the site was developed
yew RV Ready dealership will utilize
ters, and parking lot, but all will be
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brought into conformance with the City's Design Guidelines and Development
Code requirements as required by the Conditions of Approval. The use, as
conditioned, is also consistent with other applicable requirements of state law
and local ordinances, includeing the California Environmental QualityA ct
(CEQA), and fire and building codes.
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 area as the impacts associated with
the former Kia auto dealership are very similar to those of an RV dealership. In
addition, the new RV Ready dealership will utilize the existing buildings onsite
and will be improving the site and buildings by bringing this non-conforming site
into conformance with the Development Code and other applicable laws and
ordinances.
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 is consistent with the Development Code and as conditioned,
the project will meet all of the applicable development code and building code
requirements. The site is adequatre in size and shape to accommodate the
proposed use without affecting the yard, parking and loading, landscaping, and
other development features required by the Development Code in order to
integrate the use with other uses in the area.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The propsed conditional use will not be detrimental to the health, safety, or
general welfare of the community as it will utilize a vacant site and provide
additional opportunities and services to the community. The project has been
reviewed for, and as conditioned, has been found to be consistent with all
applicable policies, guidelines, standards and regulations intended to ensure the
use will function in a manner that will rptect the public, health, safety, and welfare
of the community.
Section 3. Environmental Findings. The Director of Planning hereby makes
the following environmental findings and determinations in connection with the approval
of the Conditional Use Permit:
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A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(CEQA, Section, 15332, Class 32 - In-fill).
1. The project involves the conversion of existing structures (previously used
for automobile sales) for RV sales on a developed 2.4 acre site. Only
minor modifications to the site and structures are proposed to enhance the
property.
2. The project is consistent with the Highway Tourist land use and zoning
designation and regulations.
3. The project site is located within the city limits, is developed and
surrounded by urban uses. As such, the project site has no value as
habitat for endangered, rare, or threatened species.
4. Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality. The site can be adequately
served by all required utilities and public services.
Section 4. Conditions. The Director of Planning of the City of Temecula
approves Planning Application No. PA08-0050, a Minor Conditional Use Permit to
locate RV Ready (RV sales/display) at the former Kia World site located at 27500
Jefferson Avenue with all improvements existing on site, including parking lot, three
buildings for offices/sales/repair, and display lift. With no additional site
changes/construction proposed, 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 Planning this 22"d day of May 2008
-~~jz /~D~ I -
Debbie Ubnoske, Director of Planning
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby
certify that the forgoing DH Resolution No. 08-011 was duly and regularly adopted by
the Director of Planning of the City of Temecula at a regular meeting thereof held on
the 22nd day of May 2008.
CyntWfa Lariccia, Secretary
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
SCANNED: ~/~o2/O[1'
G DRIVE: (o /o2~v ~j
PERMITS PLUS: (o ~~ ~~
INITIALS:
PLANNER: P-Q~~"~ }~;~-~r0u~
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t
MAY 2 9 2008
ACCEPTANCE OF CONDITIONS OF APPROVAL
I, Sammy Khalilieh, understand that Planning Application No. PA08-0050 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. 08-011 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.
GNATURE
S _~~-v~
DATE
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA08-0050
Project Description: A Minor Conditional Use Permit to locate RV Ready (RV
sales/display) at the former Kia World site. All improvements exist
on site, including parking lot, 3 buildings for offices/sales/repairs,
parking lot and display lift. No additional site changes/construction
proposed.
Assessor's Parcel No.:
MSHCP Category:
DIF Category:
TUMF Category:
Approval Date:
Expiration Date:
PLANNING DEPARTMENT
910-310-007
Commercial
Commercial
Retail Commercial
May 22, 2008
May 22, 2013 (five year expiration date for this CUP)
Within 48 Hours of the Approval of This Project
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 ofSixty-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.
General Requirements
3. 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
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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.
4. The permittee shall obtain City approval for any modifications or revisions to the approval of
this project.
5. This approval is limited to five years from the approval date and shall expire May 22, 2013
subject to a Public Hearing (Bold text added at Director's Hearing on May 22, 2008).
6. 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.
7. The Director of Planning may, upon an application being filed within 30 days prior to
expiration, and for good cause, grant a time extension of up to 3 one-year extensions of
time; one year at a time.
A separate building permit shall be required for all signage.
9. The development of the premises shall substantially conform to the approved site plan and
elevations contained on file with the Planning Department.
10. 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.
11. The applicant shall paint athree-foot by three-foot section of the building for Planning
Department inspection, prior to commencing painting of the building.
12. The applicant shall submit to the Planning Department for permanent filing two 8" X 10"
glossy photographic color prints of the approved Color and Materials Board and the colored
architectural elevations. All labels on the Color and Materials Board and Elevations shall be
readable on the photographic prints.
13. The Conditions of Approval specified in this resolution, to the extent specific items,
materials, equipment, techniques, finishes or similar matters are specified, shall be deemed
satisfied by staffs prior approval of the use or utilization of an item, material, equipment,
finish or technique that City staff determines to be the substantial equivalent of that required
by the Conditions of Approval. Staff may elect to reject the request to substitute, in which
case the real party in interest may appeal, after payment of the regular cost of an appeal,
the decision to the Planning Commission for its decision.
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14. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These
shall be clearly labeled on site plan.
15. The applicant shall comply with their Statement of Operations dated February 19, 2008, on
file with the Planning Department, unless superseded by these Conditions of Approval.
16. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
17. The City, 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 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 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, 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.
18. A Conceptual Landscape Plan shall be reviewed and approved, prior to any planting .
Drought tolerant landscaping shall be used along I-15. (Bold text added at Director's
Hearing on May 22, 2008).
19. All utilities shall be screened from public view. Landscape construction drawings shall show
and label all utilities and provide appropriate screening. Provide a three foot clear zone
around fire check detectors as required by the Fire Department before starting the screen.
Group utilities together in order to reduce intrusion. Screening of utilities is not to look like
an after-thought. Plan planting beds and design around utilities. Locate all light poles on
plans and insure that there are no conflicts with trees.
20. Perimeter landscaping shall be replaced and enhanced, including but not limited to north
and south perimeter plantings, as well as area at rear of site between CalTrans right-of-way
and display ramp. An as-built landscape plan shall be submitted to the Planning
Department for the file. Plant palette shall substantially conform to existing plantings.
21. Freeway pole sign shall be modified to meet the standards for a freeway pylon sign
consistent with the City's Development Code.
22. Entry monument signs along Jefferson Avenue shall be modified to meet the standards for
monument signs consistent with the City's Development Code, including but not limited to
architectural base/cap and landscaping.
23. Roof mounting building sign shall be removed. No mansard/roof signs are permitted.
Building mounted wall signs per City's Development Code subject to separate building
permit.
24. Site light standards shall be repainted.
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25. Parking lot shall be resealed and re-striped.
26. Building C shall be repainted to match Buildings A and B. Mansard roofs shall eliminate
blue and be repainted earth tone color also, subject to review and approval of the Director of
Planning.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
27. The applicant shall be required to screen all loading areas and roof mounted mechanical
equipment from view of the adjacent residences and public right-of-ways. If upon final
inspection it is determined that any mechanical equipment, roof equipment or backs of
building parapet walls are visible from any portion of the public right-of-way adjacent to the
project site, the developer shall provide screening by constructing a sloping the covered
mansard roof element or other screening reviewed and approved by the Director of
Planning.
28. All required landscape planting and irrigation shall have been installed consistent with the
approved construction plans and shall be in a condition acceptable to the Director of
Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation
system shall be properly constructed and in good working order.
29. Each parking space reserved for the handicapped shall be identified by a permanently
affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying
the International Symbol of Accessibility. The sign shall not be smaller than 70 square
inches in area and shall be centered at the interior end of the parking space at a minimum
height of 80 inches from the bottom of the sign to the parking space finished grade, or
centered at a minimum height of 36 inches from the parking space finished grade, ground,
or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-
street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously
stating the following:
"Unauthorized vehicles parked in designated accessible spaces not
displaying distinguishing placards or license plates issued for
persons with disabilities may be towed away at owner's expense.
Towed vehicles may be reclaimed by telephoning (951) 696-3000."
30. In addition to the above requirements, the surface of each parking place shall have a
surface identification sign duplicating the Symbol of Accessibility in blue paint of at least
three square,feet in size.
31. All site improvements including but not limited to parking areas and striping shall be
installed.
32. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
BUILDING AND SAFETY DEPARTMENT
General Requirements
33. All design components shall comply with applicable provisions of the 2007 edition of the
California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code;
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California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access
Regulations, and the Temecula Municipal Code.
34. 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 streetlights 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.
35. Obtain all building plans and permit approvals prior to commencement of any construction
work.
36. Show all building setbacks.
37. All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans.
38. Provide disabled access from the public way to the main entrance of the building.
39. Provide van accessible parking located as close as possible to the main entry.
40. Show path of accessibility from parking to furthest point of improvement.
At Plan Review Submittal (as applicable to scope for any proposed work)
41. Restroom fixtures, number and type, to be in accordance with the provisions of the 2007
edition of the Califomia Plumbing Code.
42. Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan applicable to scope of work for plan review.
43. Provide precise grading plan at plan check submittal to check accessibility for persons with
disabilities if deemed necessary by the Director of Building and Safety. (Bold text
added at Director's Hearing on May 22, 2008).
Prior to Issuance of Building Permit
44. Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
Prior to Beginning Construction
45. Apre-construction meeting is required with the building inspector prior to the start of the
building construction.
COMMUNITY SERVICES DEPARTMENT
General Conditions
46. The developer shall contact the City's franchised solid waste hauler for disposal of
construction and demolition debris. Only the City's franchisee may haul construction and
demolition debris.
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47. The Applicant shall comply with the Public Art Ordinance.
Prior to Issuance of Building Permit
48. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction and demolition debris.
FIRE PREVENTION
General Requirements
49. 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.
50. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix B. The developer shall provide
for this project, a water system capable of delivering 4,000 GPM at 20 PSI residual
operating pressure fora 4 hour duration. The Fire Flow as given above has taken into
account all information as provided (CFC Appendix B and Temecula City Ordinance
15.16.020, Section R).
51. If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction (CFC Chapter 5, Section 503.4).
52. Fire apparatus access roads shall be designed and maintained to support the imposed
loads of fire apparatus and shall be with a surface so as to provide all-weather driving
capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25
feet. In accordance with Section 1410.1, prior to building construction all locations where
structures are to be built shall have fire apparatus access roads. When temporary fire
apparatus access roads are approved by the chief and provided for use until permanent fire
access roads are installed; the fire apparatus roads shall be an all weather surface for an
80,000 Ibs GVW (CFC Chapter 5, Section 503.2.3 and City Ordinance 15.16.020 Section
E).
53. Fire Department vehicle access roads shall have an unobstructed width of not less than 24
feet and an unobstructed vertical clearance of not less than thirteen 13 feet 6 inches. (CFC
Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E)
54. The gradient for fire apparatus access roads shall not exceed fifteen (15) percent (CFC
Chapter 5, Section 503.2.7 and City Ordinance 15.16.020 Section E).
55. This development shall maintain two (2) points of access, via all-weather surface roads, as
approved by the Fire Prevention Bureau (CFC Chapter 5, Section 503.1.2).
56. Prior to building construction, dead end road ways and streets in excess of one hundred
and fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus (CFC Chapter 5, Section 503.2.5 and City Ordinance
15.16.020 Section E).
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Prior to Issuance of Building Permits
57. The developer shall furnish one copy of the water system plans to the Fire Prevention
Bureau for approval prior to installation for all private water systems pertaining to the fire
service loop. 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 with the underground
submittal to ensure fire flow requirements are being met for the on site hydrants. This also
applies to the laterals coming into the building for the fire sprinkler riser. The plans must be
submitted and approved prior to building permit being issued (CFC Chapter 14, Section
1412 and Chapter 5, Section 501.3).
58. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. 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.
59. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. 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.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
60. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City
Ordinance 15.16.020 Section E).
61. 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 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 six-inch high letters
and/or numbers on both the front and rear doors (CFC Chapter 5, Section 505.1 and City
Ordinance 15.16.020 Section E).
62. 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,
Section 506).
63. 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 fire fighting personnel (CFC Chapter 5, Section 506).
64. Prior to final inspection of any building, 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, Section 503.3).
65. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant
shall be responsible for obtaining underground and/or aboveground tank permits for the
storage of combustible liquids, flammable liquids or any other hazardous materials from
both the County Health department and Fire Prevention Bureau (CFC Chapter 34 and City
Ordinance 15.16.020).
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66. The applicant shall submit for review and approval by the City Fire Department a Hazardous
Material Inventory Statement. A full hazardous materials inventory report and color coded
floor plan is required for any building storing or using hazardous materials (CFC Chapter28
though 44, Appendix Chapter 1 and City Ordinance 15.16.020).
67. Prior to issuance of a Certificate of Occupancy or building final 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. Alternative file formats may be acceptable, contact Fire Prevention
for approval.
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