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HomeMy WebLinkAbout09_015 DH ResolutionDH RESOLUTION NO. 09 -015 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0227, A CONDITIONAL USE PERMIT TO OPERATE A PENSKE TRUCK RENTAL FACILITY IN AN EXISTING INDUSTRIAL BUILDING LOCATED AT 27565 DIAZ ROAD (APN 921- 030 -040) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On July 10, 2009, K/G Architects filed Planning Application No. PA09- 0227, 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 Planning Director, at a regular meeting, considered the Application and environmental review on November 5, 2009, 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. PA09 -0227 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA09 -0227, conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA09 -0227, hereby makes the following findings as required by Section 17.04.010.E, Conditional Use Permit, of the Temecula Municipal Code: Development Code Section 17.04.010.E A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed conditional use is consistent with the General Plan and the Development Code. The project site is zoned Light Industrial and the General Plan Designation for the site is Industrial Park, which allows for truck rentals provided a Conditional Use Permit is approved and the parking is consistent with the required demand. The site is properly planned and zoned, and as conditioned, is physically suitable for the use type. The use, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (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 because the project site is currently developed with all improvements including parking to accommodate a truck rental facility. Furthermore, the scope of the proposed use is minor in nature and is not anticipated to generate traffic conflicts during the stated hours of operation. 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 City Council in order to integrate the use with other uses in the neighborhood; The conditional use is consistent with the Development Code and the project meets all of the applicable requirements. The site is adequate 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 on the site and in the area. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of community; The proposed conditional use will not be detrimental to the health, safety, or general welfare of 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 that the use will function in a manner consistent with the public health, safety and welfare. Section 3. Environmental Findings. The Planning Director 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). 1. The project involves negligible or no expansion of an existing use. The proposed use is within an existing multi- tenant building. The site contains sufficient parking spaces and improvements for the proposed use. No expansion of the building is proposed for the operation of the proposed truck rental facility. Therefore, the approval of the proposed conditional use permit will not result in a significant expansion beyond that which exists currently. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PA09 -0227, a Conditional Use Permit to operate a Penske truck rental facility at 27565 Diaz Road, 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 Planning Director this 5th day of November 2009. Patrick Richardson, Planning Director I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 09 -015 was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 5th day of November 2009. EXHIBIT A DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09 0227 Project Description: A Conditional Use Permit to operate a Penske truck rental facility within a 1,000 square foot suite of an existing industrial building located at 27565 Diaz Road Assessor's Parcel No.: 921 030 040 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: October 29, 2009 Expiration Date: October 29, 2011 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL 1. EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL 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)). General Requirements PL -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. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. 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. PL -5. The Planning Director 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. PL -6. A separate building permit shall be required for all signage. PL -7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -8. 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. PL -9. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -10. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL -11. 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. PL -12. The applicant shall comply with their Statement of Operations dated July 10, 2009, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -13. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -14. 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. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -15. 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." PL -16. 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. PL -17. All site improvements including but not limited to parking areas and striping shall be installed. PL -18. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL -19. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated August 14, 2009, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT B -1. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B -2. Provide details of all applicable disabled access provisions and building setbacks on plans. B -3. Provide disabled access from the public way to the main entrance of the building. B -4. Provide van accessible parking located as close as possible to the main entry. B -5. Show path of accessibility from parking to furthest point of improvement. B -6. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. B -7. Obtain all building plans and permit approvals prior to commencement of any construction work. B -8. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B -9. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Ordinance Number 9.20.060, for any site within one quarter mile of an occupied residence. The permitted hours of construction are Monday through Friday from 7:00 a.m. to 6:30 p.m., and Saturdayfrom 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays or Government Holidays. B -10. The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Ordinance 03 -01 and the fee schedule in effect at the time of building permit issuance. B -11. Provide an approved automatic fire sprinkler system. B -12. Developments with multi- tenant buildings or shell buildings shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal B -13. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B -14. Provide a complete exterior site lighting plan showing compliance with Ordinance Number 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 aimed not to shine directly upon adjoining property or public rights -of -way. B -15. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. B -16. Provide precise grading plan to verify accessibility for persons with disabilities. B -17. Provide truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Building Permit(s) B -18. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B -19. A pre- construction meeting is required with the building inspector prior to the start of the building construction. COMMUNITY SERVICES DEPARTMENT General Conditions /Information CS -1. 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 demolition and construction debris. CS -2. The applicant shall comply with the Public Art Ordinance. Prior to Issuance of Building Permits CS -3. 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 F -1. 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. F -2. 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. Fire hydrants on site are existing. A fire flow letter will need to be submitted with the tenant improvement plans to show existing fire flow from the fire hydrants. Fire flow requirements, per City Ordinance, is 4,000 GPM at 20 PSI residual operating pressure for a 4 -hour duration (CFC Appendix B and Temecula City Ordinance 15.16.020, Section R). F -3. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC Chapter 1). Prior to Issuance of Building Permit(s) F -4. 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. F -5. 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. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy F -6. All existing and outstanding issues with the current fire alarm and fire sprinkler systems shall be repaired and complied with prior to issuance of Certificate of Occupancy. The outstanding permits will need to be completed and finalized for the building prior to Occupancy. F -7. Hydrant locations shall be identified by the installation of reflective markers (blue dots per Temecula City Ordinance 15.16.020 Section E). F -8. 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 six -inch high letters and /or numbers on both the front and rear doors (CFC Chapter 5, Section 505.1 and Temecula City Ordinance 15.16.020 Section E). F -9. 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). F -10. 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). F -11. 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). F -12. A simple floor plan and plot plan as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Contact Fire Prevention for alternative file formats that may be acceptable.