HomeMy WebLinkAbout10_009 DH Resolution DH RESOLUTION NO. 10-09
A RESOLUTION OF THE PLANNING DIRECTOR OF THE
CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA08-0075, A CONDITIONAL USE
PERMIT FOR THE OPERATION OF A TRUCK RENTAL
FACILITY LOCATED AT 28781 OLD TOWN FRONT
STREET, GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF OLD TOWN FRONT STREET AND
SANTIAGO ROAD (APNS 922-100-044, 922-100-040, 922-
100-042)
Section 1. Procedural Findings. The Planning Director of the City of Temecula
does hereby find, determine and declare that:
A. On March 19, 2008, David Phares filed Planning Application No. PA08-
0075, a Minor 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 September 16, 2010, 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. PA08-0075
subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PA08-0075, conformed to the City of Temecula's General Plan and
Development Code. .
Section 2. Further Findings. The Planning Director, in approving Planning
Application No. PA08-0075, hereby makes the following findings as required by
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 has been deemed to be consistent with the
General Plan and Development Code at the time of submittal.
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 surrounded by commercial uses to the north,
south, and east. The projecf has been reviewed and conditioned to be
compatible with the nature, condition and development of adjacent uses,
buildings and structures. Further, the project will not adverse/y affect the adjacent
uses, buildings or structures.
�
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 City Council in order to integrate the use with
other uses in the neighborhood;
The applicant has not proposed any modifications to the site as part of the
Conditional Use Permit application. The project has been reviewed and
conditioned to ensure that all existing improvements including yards, walls,
. fences, parking and loading facilities, buffer areas, landscaping and other
development features prescribed in the Development Code and required by the
Planning Director will integrate the use with other uses in the neighborhood.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The project has been reviewed and conditioned to ensure it is not detrimental to
the health, safety and general welfare of the community.
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;
The decision to approve, conditionally approve or deny the application for a
Conditiona/ Use Permit is based on substantial evidence in view of the record as
a whole before the Director of Planning and Redevelopment. �
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);
The proposed conditional use will not require any modifications to the site. All
improvements are installed and have been deemed appropriate to allow the use
to operate at fhe proposed location.
Section 4. Conditions. The Planning Director of the City of Temecula
approves Planning Application No. PA08-0075, a Conditional Use Permit for the
operation of a truck rental facility located at 28781 Old Town Front Street, generally
located at the southwest corner of Old Town Front Street and Santiago Road (APNs
922-100-044, 922-100-040, 922-100-042), subject to the Conditions of .Appro.�al 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 16th day of September, 2010 � �
Patrick Richardson, Planning Director
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby
certify that the forgoing DH Resolution No. 10-09 was duly and regularly adopted by
the Planning Director of the City of Temecula at a regular meeting thereof held on the
16th day of September, 2010.
� �
Cynthia riccia, Secretary
� EXHIBIT A
- FINAL CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA •
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA08-0075
Project Description: A Conditional Use Permit for the operation of a truck rental facility
located at 28781 Old Town Front Street, generally located at the
southwest corner of Old Town Front Street and Santiago Road
(APNs 922-100-044, 922-100-040, 922-100-042)
Assessor's Parcel Nos.: 922-100-044, 922-100-040 and 922-100-042
MSHCP Category: Exempt (No New Construction)
DIF Category: Exempt (No New Construction)
TUMF Category: Exempt (No New Construction)
Approval Date: September 16, 2010
Expiration Date: September 16, 2012
PLANNING DEPARTMENT
�Within 48 Hours of the Approval of This Project
PL-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 pollars
($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 applicanU
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 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. This project and all subsequent projects within this site shall be consistent with Specific
Plan No. 5. (Old Town)
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. The applicant shall comply with their Statement of Operations Submitted March 19,
2008, on file with the Planning Department, unless superseded by these Conditions of
Approval.
PL-11. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the
C.ity's Development Code.
PL-12. 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. �
OUTSIDE AGENCIES
PL-13. The applicant shall abide by all requirements of the Riverside County Department of
Environmental Health contained in a correspondence dated June 2, 2010, a copy of
� which is attached.
BUILDING AND SAFETY
General Conditions/Information
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 disabled access from the public way to the main entrance of the building.
B-3. Provide van accessible parking located as close as possible to the main entry.
B-4. Submit at time of plan review, 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-5. • Obtain all building plans and permit approvals prior to commencement of any
construction work.
B-6. Commercial and industrial project trash enclosures, patio covers, light standards, and
any block walls will require separate approvals and permits.
B-7. 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 94-21,
specifically Section G(1) of Riverside County Ordinance Number 457.73, 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 Saturday from 7:00 a.m. to
6:30 p.m. No work is permitted on Sundays or Government Holidays.
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. Fire apparatus access roads shall be designed and maintained to support the imposed
loads of fire apparatus and shall be with a surface to provide all-weather driving .
capabilities. Access roads shall be 80,000 Ibs. 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 (CFC
Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E).
F-3. 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 13 feet 6 inches (CFC
Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E).
POLICE DEPARTMENT
General Requirements
PD-1. Applicant shall ensure all landscaping surrounding all buildings is kept at a height of no
more than three feet or below the ground floor window sills. Plants, hedges and
shrubbery shall be defensible plants to deter would-be intruders from breaking into the
buildings utilizing lower level windows.
PD-2. Applicant shall ensure all trees surrounding all building rooftops be kept at a distance to
deter roof accessibility by "would-be burglars." Since trees also act as a natural ladder,
the branches must be pruned to have a six-foot clearance from the buildings.
PD-3. Berms shall not exceed three feet in height.
PD-4. All parking lot lighting shall be sufficient to ensure the safety of people on the premises
during hours of darkness and shall be energy saving and minimized after hours of
darkness and in compliance with the Title 24, Part 6, of the California Code of
Regulations.
PD-5. All exterior lighting shall be in compliance with Riverside County Mount Palomar
Lighting Ordinance 655, low pressure sodium lighting preferred.
PD-6. All exterior doors shall have vandal resistant light fixtures installed above the door. The
doors shall be illuminated with a minimum one-foot candle illumination at ground level,
evenly dispersed.
PD-7. All lighting affixed to the buildings shall be wall mount lightfixtures to provide sufficient
lighting during hours of darkness.
PD-8. Applicant shall comply with the Governor's order to address the power crisis. This
order became effective March 18, 2001 calling for a substantial reduction from
businesses to cut usage during non-business hours. The order, in part, states, "All
California retail establishments, including, but not limited to, shopping centers, auto
malls and dealerships, shall substantially reduce maximum outdoor lighting capability
during non-business hours except as necessary for the health and safety of the public,
employees or property." Failure to comply with this order following a warning by law
enforcement officials shall be punishable as a misdemeanor with a fine not to exceed
$1000 in accordance with Title 24, Part 6, of the California Code of Regulations
PD-9. Any graffiti painted or marked upon the buildings must be removed or painted over
within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-
hour dispatch Center at (951) 696-HELP.
PD-10. Any public telephones located on the exterior of the buildings shall be placed in a well-
lit, highly visible area, and installed with a"call-out only" feature to deter loitering. This
feature is not required for public telephones installed within the interior of the buildings.
PD-11. All disabled parking stalls on the premises shall be marked in accordance with Section
22511.8 of the California Vehicle Code.
PD-12. Employee training regarding retail/credit card theft, citizen's arrest procedures,
personal safety, business security, shoplifting or any other related crime prevention
topics is also available through the Crime Prevention Unit.
PD-13. Applicant will comply with Temecula Municipal Code Section 9.14.010, Consumption of
Alcoholic Beverages in Public Prohibited.
PD-14. The Temecula Police Department affords all retailers the opportunity to participate in
the "Inkless Ink Program." At a minimal cost for inkless inkpads, retailers can take a
thumbprint of every customer using a personal check to pay for goods or services. A
decal will also be posted on the front entry of the business advising customers of the
"Inkless Ink Program" in use. If the business becomes a victim of check fraud, the
Police Department will be able to track the suspect with the thumbprint.
PD-15. Crime prevention.through environmental design as developed by the National Crime
Prevention Institute (NCPI) supports the concept that "the proper design and effective
use of the built environment can lead to a reduction in the fear and incidence of crime
and an improvement in the quality of life." The nine primary strategies that support this
concept are included below:
a. Provide clear border definition of controlled space. Examples of border definition
may include fences, shrubbery or signs in exterior areas. Within a building, the
arrangement of furniture and color definition can se.rve as a means of identifying
controlled space.
b. Provide clearly marked transitional zones. Persons need to be able to identify
when they are moving from public to semi-public to private space.
c. Gathering or congregating areas to be located or designated in locations where
there is good surveillance and access control.
r
d. Place safe activities in unsafe locations. Safe activities attract normal users to a
location and subsequently render the location less attractive to abnormal users
due to observation and possible intervention.
� e. Place unsafe activities in safe locations. Placing unsafe activities in areas of
natural surveillance or controlled access will help overcome risk and make the
users of the areas feel safer.
f. Redesign the use of space to provide natural barriers. Separate activities that may
conflict with each other (outdoor basketball court and children's play area, for
example) by distance, natural terrain or other functions to avoid such conflict.
g. Improve scheduling of space. The timing in the use of space can reduce the risk
for normal users and cause abnormal users to be of greater risk of surveillance
and intervention.
h. Red�sign space to increase the perception of natural surveillance. Abnormal
users need to be award of the risk of detection and possible intervention.
Windows and clear lines-of-sight serve to provide such a perception of
surveillance.
i. Overcome distance and isolation. This strategy may be accomplished through
improved communications (portable two-way radios, for example) and design
efficiencies, such as the location of restrooms in a public building.
PD-16. Businesses desiring a bu'siness security survey of their location can contact the Crime
Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773.
PUBLIC WORKS DEPARTMENT
General Requirements
PW-1. Unless otherwise noted, all conditions shall be completed by the developer at no cost
to any Government Agency. It is understood that the developer correctly shows on the
site plan all existing and proposed property lines, easements, traveled ways,
improvement constraints and drainage courses, and their omission may require the
project to be resubmitted for further review and revision.
PW-2. A Grading Permit for precise grading, including all on-site flat work and improvements,
shall be obtained from the Department of Public Works prior to commencement of any
construction outside of the City-maintained street right-of-way.
PW-3. An Encroachment Permit shall be obtained from the Department of Public Works prior
to commencement of any construction within an existing or proposed City right-of-way.
PW-4. All improvement plans shall be coordinated for consistency with adjacent projects and
existing improvements contiguous to the site and shall be submitted on standard 24" x
36" City of Temecula mylars.
PW-5. The project shall include construction-phase pollution prevention .controls and
permanent post-construction water quality protection measures into the design of the
project to prevent non-permitted runoff from discharging off site or entering any storm
drain system or receiving water.
Prior to Issuance of Grading Permit(s)
PW-6. A permit from Riverside County Flood Control and Water Conservation District is
required for work within their right-of-way.
PW-7. Construction-phase pollution prevention controls shall be consistent with the City's
Grading, Erosion and Sediment Control Ordinance and associated technical manual,
and the City's standard notes for Erosion and Sediment Control.
PW-8. As deemed necessary by the Department of Public Works, the developer shall receive,
written clearance from the San Diego Regional Water Quality Board, Riverside County
Flood Control and Water Conservation District, Planning Department, or other affected
agencies.
PW-9. The developer shall obtain letters of approval for any off site work performed on
adjoining properties. The letters shall be in format as directed by the Department of
Public Works. �
PW-10. The developer must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) permit from the State Water Resources Control Board.
No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or
the project is shown to be exempt. .
PW-11. The site is in an area identified on the Flood Insurance Rate Map. This project shall
comply with Chapter 15.12 of the Temecula Municipal Code which may include
obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit
shall be submitted to the Department of Public Works for review and approval.
Prior to Issuance of Building Permit(s)
PW-12. Improvement plans shall conform to applicable City of Temecula Standards subject to
approval by the Department of Public Works. The following design criteria shall be
observed:
a. Driveway shall conform to the applicable City of Temecula Standard Number 207.
b. All street and driveway center line intersections shall be at 90 degrees.
c. Landscaping shall be limited in•the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
PW-13. A construction area Traffic Control Plan shall be designed by a registered civil or traffic
engineer and reviewed by the Department of Public Works for any street closure and
detour or other disruption to traffic circulation as required by the Department of Public
Works.
PW-14. The developer shall obtain an easement for ingress and egress over the adjacent
property.
Prior to Issuance of Certificate of Occupancy
PW-15. The project shall demonstrate the pollution prevention BMPs outlined in the WQMP
have been constructed and installed in conformance with approved plans and are ready
for immediate implementation.
PW-16. The existing improvements shall be reviewed. Any appurtenance damaged or broken
shall be repaired or removed and replaced to the satisfaction of the Department of
Public Works.
PW-17. All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
� COCII�I1'y OF RIVERSIDE • HEALTH SERVICES AGEN�Y LT�H
DEPAI�TNiENT QF E:NtIIRQNNiENTAL HEA
June 2, 2014
City ofTemecu[a
Plan�aing Department
Attn: Eric 7ones, Ptan�er ,
P.O. Box 9033
T�mecula CA 92589-9033
SUB3ECT; pA08-0875 - Temecu[a Moving & Autv CLTP
U-Hi�l 'YSraek Rental Facllity
Dear Mr. Jor�es:
T`he Departrnern af Emrironmerrtal I�ealth (D.EH� has reviewed the application for the
�bave projecl �ad oi�ers the fallc�wing cannrnents:
k'I�4JECT SUMMARY
A canditional use pe�nit for the cantir�ued aper�tion of a U- H�ul Trt,�nk Rental Facility
located at th�e corner of Qld Town Frant S�et and Santiago Raad at 28781 Old Tawn
Fmnt Street
WA'T�R AiVD SEWER
T}ter+e is ar� ansite waste water t�'eaimerit system that services the existing af�ice ln�ilding.
Upon failur� of the system ar if additiona] �wildings are proposed, coru�ectian to the
sartitary sewer witl be reqwred. At tt�at tim� a"W�11-Serve" letter frorn the ag,ency(ies)
that will be praviding po�able water (i.e. Rancha Califarnia Water District} and sanitary
sewer service (i.e. F.aste� Municipal Water I3istrict) wil] b� required.
RIVERSIUE CaUNTY - FIAZARDC)�JS MATERIALS MANAGF�vfENT BRANCH
The facility rnay require a busir�ess emergencY plan for the storage of hazandous materials
great�r than 55 gallans, Z0�0 cubic feet ar 500 po�uids, or arry acutely hazardous mauerials
ar extremely harardous substar�ces. If further rc,wiew of the site ind3cates addidanal .
en�ronmental health issue�, the I-iaxardous Materials Managemecrt Divisian reserves t�e
right to regulate the business in accordance wiih applicable Caumy Ordinances. Please
carnact the Hazardous iwiatarials Managemern Division, at (951) 358-5455 for any
additional requirements.
l.uc.�l Entore¢meiit Agency � PO. Bo>. 12iu. Rirers:de. CA 92:iC�'L•1'laQ •;��'r "55-h;R2 • i:1K ;�ii4},7�51•065;� ��]U':'J L<m.�"� Srroz:. Sth P'.ccT R:ve-xi.]r. CA 92�iit
I nnil U�e aod l4'�ter Engineerin� •}?U. tSOx 7'LCG, Ri�Zrs:d�:, ('�l !?Z�U2 ]2(�u •�;��I �/5�-�4�] '='A?s �9�9:� y��-h9�J3 •:�ft`V I,+mcn S�re<e<-. 2n�J E'Iccr. liirn.5:dz. G•1 92501
M�tt Pe1ei� Plann�r
City of'Tcmec,vla .
December 30, 2049
ifyou have any questions regarding this letter plcase co�ct me �t (951) 955-8980.
S� c y,
Matthew Ri�.a., R.E_�i S.
Supe�vising �nvironmeutai �Ieaith Specia[iat
2