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HomeMy WebLinkAbout10_011 DH Resolution DH RESOLUTION NO. 10-11 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0234, A MINOR CONDITIONAL USE PERMIT FOR THE OPERATION OF A TRUCK RENTAL AND LEASING FACILITY LOCATED AT 42188 WINCHESTER ROAD, GENERALLY LOCATED ON THE SOUTH SIDE OF WINCHESTER ROAD, APPROXIMATELY 1,700 FEET WEST OF DIAZ ROAD (APNS 909-310-012, 909-310-013, 909-310-014) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On August 4, 2010, Lewis Kaplan of K/G Architects, representing Penske Truck Leasing Company, L.P., filed Planning Application No. PA10-0234, 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 23, 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. PA10-0234 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA10-0234 conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Planning Director, in approving Planning . Application No. PA10-0234, 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 and the Development Code; The proposed truck rental and leasing facility is located within the Industrial Park (IP) land use district and Light Indusfrial (LI) zoning district. These types of uses require a Conditional Use Permit in the L/ zone. The project has been reviewed and conditioned to ensure it is consistent with the City of Temecula General Plan and Developmenf Code. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed use is for a truck rental and /easing facility located within the Light Industrial (LI) zoning district. According to the City of Temecula Development Code, these types of uses are allowed in -the Light Industrial district upon the approval of a Conditional Use Permit. Light industrial uses, se/f storage, construction supply use, and vacant property surround the project site. The project has been reviewed and conditioned by the P/anning, Building and Safety, Public Works, Fire, Community Services and Police Departments to ensure it will not adversely affect 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 deyelopment 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; As the site currently exists, the requirements for yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features required in the City of Temecula Development Code have been satisfied and allow for the integration of the truck rental and leasing facility 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 City of Temecula Planning, Fire, Building and Safety, Public Works and Police Departments have reviewed and conditioned the project to ensure that it will not be detrimental to the health, safety and welfare of the community. The proposed project is consistent with the requirements outlined in Chapter 17.04.010 of the City of Temecula's Deve/opment Code, and the project is consistent with current Building and Fire Codes. 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 the Conditional Use Permit is based on substantia/ evidence in view of the record as a whole before the Director of Planning. 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 6e categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities); . The Minor Conditiona/ Use Permit will allow for the operation of a truck rental and leasing facilify from an existing building. All access and public utilities are available to the site. The proposed use with issuance of a CUP is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Planning Director of the City of Temecula � approves Planning Application No. PA10-0234, a Minor Conditional Use Permit for the operation of a truck rental and leasing facility located at 42188 Winchester Road, generall ocated on the south side of Winchester Road, approximately 1,700 feet west of Diaz Road (APNs 909-310-012, 909-310-013, 909-310-014), 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 23� day of September, 2010 r Patrick Richardson, Planning Director I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby � certify that the forgoing DH Resolution No. 10-11 was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 23� day of September, 2010. Cynthia iccia, Secretary EXHIBIT A FINAL CONDITIONS OF APPROVAL � EXHIBIT A CITY OF TEMECULA � FINAL CONDITIONS OF APPROVAL Planning Application No.: PA10-0234 Project Description: A Minor Conditional Use Permit to operate a Penske truck rental and leasing facility from an existing building located at 42188 Winchester Road, generally located on the south side of Winchester Road, approximately 1,700 feet west of Diaz Road Assessor's Parcel No.: 909-310-012, 909-310-013, and 909-310-014 MSHCP Category: Exempt (no new square footage) DIF Category: Exempt (no new square footage) TUMF Category: Exempt (no new square footage) Approval Date: September 23, 2010 Expiration Date: September 23, 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. A separate building permit shall be required for all signage. PL-5. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-6. 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-7. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-8. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-9. 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. PL-10. All trucks and trailers rented or leased by the facility shall be parked in the existing building or behind the existing visual barrier screening when on the project site. PL-11. All vehicle maintenance shall be performed within the existing building. PL-12. Light duty maintenance and repair shall be permitted on the site (including activities such as fluid changes, air filter replacement, replacement of tires, electrical work and bulb replacements, brake work, etc.). Engine replacements, vehicle restoration, and collision repair work are not considered light duty maintenance and repair and shall not be permitted at this facility. � PL-13. 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 vehicle outside of the designated wash and maintenance areas within the building. 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. OUTSIDE AGENCIES PL-14. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated August 11, 2010, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT B-1. Obtain street addressing for all proposed buildings. 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. A Certificate of Occupancy permit is required. FIRE PREVENTION F-1. Please show location of the fire sprinkler riser and fire alarm control panel on the plans. . F-2: As a note a separate hazardous materials permit will be required for any of the hazardous materials products being used and stored. 0�;OUNTY OF RIVERSIDE • HEhLTH SERVICES AGENCY [] DEPARTMENT OF ENVIRONMENTAL HEALTI� ����.�� D J � o ---..._�.� �� . City of Temecula q � Planning Department G > > 201� c/o Stuart Fisk PO BOX 9033 Temecula, CA 92589-9033 11 August 2010 RE: PA10-0234 � :� The Department of Environmental Health (DEH) has received and reviewed the PA10- 0234 (formerly Rebel Rents) for the Ivlinor Conditional Permit to operate a Penske Truck leasing facility from an existing building located at 42188 Winchester Road. Generally located on the south side of Winchester Road, Approximately 1,700 feet west of Diaz Road under the applicant: K/G Architects. The existing building located on this Assessor's Parcel Number (APN 909-310-012) is connected to a potable water line and sanitary sewer from an approved purveyor. Any hazardous material (HAZMAT) use of the building shall require REHS inspector compliance by the County of Riverside DEH. Please call 951.358.5055 regarding HAZMAT conditions of approval. If your have any questions, please do not hesitate to call me at 951.955.8980 �:� Sincerely, ' r=` Gregor Dellenbach, REHS EHS 100735 Local Enforcement Agency • F0. Box 1280, Riverside, CA 92502-1280 •(909) 955-8982 • FAX (909) 781-9653 � 4080 Lemon Street, 9th Floor, Riverside, CA 9'ZSOI Land Use and Water Engineering • P0. Box 1206, Riverside, CA 92502-1206 •(909) 955-8980 � FAX (909) 955-8903 • 4080 Lemon Street, 2nd Floor, Riverside, CA 915U1