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HomeMy WebLinkAbout10_015 DH Resolution DH RESOLUTION NO. 10-15 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF: TEMECULA APPROVING PLANNING_ APPLICATION NO. PA10-0320, A MINOR CONDITIONAL USE PERMIT TO ALLOW AN EXISTING AUTOMOBILE . IMPOUND YARD LOCATED AT 42620 RIO . NEDO TO : HAVE . OUTDOOR STORAGE OF VEHICLES; NO EXTERNAL CHANGES TO THE BUILDING OR THE SITE PLAN ARE PROPOSED (909-290-027} Section 1. Procedural Findings. The Planning Director offhe City of Temecula does hereby find determine and declare that: A: On November 1; 2010, Kassen Klien on behalf of Steve's Towing; filed Planning Applieafion No. PA10-0320 Conditiqnal 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, co.nsidered the Application and environmentaF review on Deaember 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 tesfify 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. PA10-0320 subjecf to Conditions bf Approval; after finding fhat the :project proposed in Planning Application No.- PA10-0320; . conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings: The Planning : Director; in approying Planning Application No. FA10-0320,: hereby makes the following #indings as required by Section 17:04..010:E (Conditional Use Permits). A. The _proposed use is i.n conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; TMe proposed conditional use will allow an exisfing automobile towing/impound business located in a Light lndustrial zone to store vehicles in an outdoor yard area. Automobile impound and storage uses are permitfed within Light Industrial zones per Tab/e 17.08:030 of the City of Temecula Development Code. Therefore, the project is consistent with the City of Temecula General Plan and Development Code. B. The proposed conditional use is compati6le with the nature, condition and development of adjacent uses, buildings and structures and #he proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The area surrounding tfie project is fully developed. and zoned Light lndusfrial and the proposed conditional use is permitted . in Light Industrial zones upon approval of a Conditional Use Perinit. The proposecl conditional use has been reviewed and conditioned by the Planning, Police, Fire; and Public Works to ensure it is, compatible with the nature, condition and development of adjacent uses, buildings and structures.. Furthermore,: the proposed use. will nof adversely affect the adjacent uses, buildings or structures: C. . The .site for a proposed conditionaf use is adequate _in size and shape to accommodafe the. yards, walls; fences, parking. and loading facilities, buffer areas, landscaping, and other development features prescribed in fhis development code and required by tlie.Planning Commission or City Council in order: to integrate the use with other uses in the neighborhood; The proposed use will be located on a fully deVeloped parcel :within_ a Ligiit Industrial zoning district._ No changes Mave been proposed to any of #he existing . iinprovements located on the parcel. .The site is adequate in size and shape to accornmodate the . yards walls fences parking and loading facilities; buffer areas, landscaping, and_ other developriment features described in : the Development Code and required by the Planning Director to integrate with ofher 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 City of Temecula Planning, Fire, Building and Safety and Public Works departments have reviewed and conditioned the project to ensure that it will not . be detrimental to the. health, safety and welfare of the corrimunity. - Furthermore; the. proposed project is consistent .with the requirements outlined in Chapter 17:04:Q10 of the Crty of Temecula's Development Code, and the project is consistent with current Building and Fire Codes, which contain provisions to protect the health, safety, and generaf 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 #he record as a whote before the Planning Commission or City Council on appeal; The decision to approve, conditionally approve, or deny tMe application for a conditional use permit is based on substantiaL 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 conneetiqn wi#h the approval of the Conditional Use Fermit Application: A: In accordance with the California Environmental Quality Act; the proposed project has been deemed to be categorically exempt from further environmental reyiew (Section 1530.1; Class 1 Existing Facilities). The proposed project is intended for a fully developed parcel containing a 9;926- square foof structure with 23,589 sguare feet of paved area: No modifications to the structure or site plan are proposed. The area that will be used for outdoor vehicle storage is full paved. Section 4. Gonditions: The Planning Direcfor _ of the .Cify : of Temecula approves. Planning Application No. PA10-0320 a Minor Conditional Use Fermif to allow an existing automobile impound yard loeated at 42620 Rio Nedo to have oufdoor storage. of vehicles., subject to the Condifions of_ Approval set forth on ;Exhibit A,_ attached hereto; and incorporated herein by this referenee: Secfion 5. PASSED; APPROVED AND ADOPTED by the City of Temecula Planning Director this 16 day of December 2010 Patrick Richardson; Planning Director I, Cynthia Cariceia; Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 10-15 was duly and regularly adopted.by the Planning Director of the Cify of Temecula at a regular meeting thereof held on the 16 day of December 2010: ,. , - Cynt � ariccia; Seerefary EXHIBIT A FINAL CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA10-0320 Project Description: A Minor Conditional Use Permit to allow an existing automobile impound yard located at 42620 Rio Nedo to have outdoor storage of vehicles. No external changes to the building or the site plan are proposed Assessor's Parcel No.: 909-290-027 MSHCP Category: Exempt (No New Construction) DIF Category: Exempt (No New Construction) TUMF Category: Exempt (No New Construction) Approval Date: December 16, 2010 Expiration Date: December 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 o�cials, 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 fo take anyand alFaction the City deems to be in the best interest of the Gity and its.citizens in regards to such defense. PL=3: The. permittee shall obtain Gity 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, if shall become null and void. By= use is meant the beginning. of substantial construction eontemplated by this approval within tlie two year period, which is thereafter diligently pursued fo eompletion; or the beginning of subsfantial utilization contemplated by this : aPProval.. PL-5: The:Planning Di�ector may; upon an application being filed.prior to expiration, and for good cause; grant a time extension of up fo 3 one-year extensions of time, one year at a fime. PL=6: The.developrnent of the premises shall substantially conform to the approved site plan and elevafions contained on file with the Planning Department PL-7. Landscaping installed for the projecf shalf be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined thaf the landscaping is not tieing .: maintained, the Planning Director shall have the authority to require the property owner , #o bring the landscaping into conformance with the approved landscape plan. The _-- continued maintenance of all landscaped areas shall be the .responsibility of fhe . developer or any successors in interest. PL.-8. Other tlian stormwater, it is illegal to allow liquids, gels; powders; sediment; fertilizers, landscape debris, and waste from entering_#lie 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 .nof liose down. parking_ areas, sidewalks, alleys; or gutters: Ensure thaf all materials and products stored outside are protected from rain. Ensure all tcash bins are coveced at all times. PL-9. The applicant shall comply with their Statement of Operatio.ns submitted November 1, 2010, on file with the. Planning Department, unless superseded by these Gonditions of Approval: PL-10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's . Development Code. PL-11. 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 circurnstances 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 hereunde.r 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-12: The security access gate shall be repaired to manufacfure specifications before outdoor vehicle storage is conducted. OUTSIDE AGENCIES FL-13. The applicant shall comply with the recommendations set forth in fhe .Counfy of Riverside Department of Environmental Health's transmittal dated November4, 2010, a copy of whieli is attached.. FIRE PREVENTION General Requirements F-1.. During.remodeling and/or addition construction, all fice and life safety systems will be. : maintained in working orde�. and up to their . original design and performance specifications: . F-2. Fire Department.vehicle access roads shall have an unobstructed width of not less than 24 feet and unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5; Section 503:2, 503.2.5 and City Ordinance 15.16.020 Section E). F-3. 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 coads.shall be 80,000 Ibs. GVW with a minimum of AC thickness of .25 feet. In accocdance with .Section 1410.1; prior to building construction all Iocations where sfructures are to be built shall have.fire apparatus access roads: (CFG Chapter 5; Section 503.2:3 and Gity Ordinance 15:16.020 Section E): F-4. Hydrant locations shall be identified by the installation ofreflective markers (blue dots) (City Ordinance 15.16.020 Section E). . F-S. All manual and electronic gates on required Fire Department access roads or gates : obstructing Fire Department building access shall be provided with the Knoz Rapid Entry System for emergency access by fire fighting personnel (GFC Chapter 5; Section 506). F=6. 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 (CFG Appendix Chapter 1, Section 105). . POLICE DEPARTMENT General Requirements PD-1. Applicant will ensure that at no time will vehicles in their possession be on the public right-of-way. Applicant will ensure that all vehicles be parked in the proper storage area. PD-3 If private security is utilized, applicant will ensure Security Company is licensed, bonded and insured. Furthermore, security personnel will be unarmed. PD-4 Applicant will be responsible for any cost incurred by the Police Department if officers are required because of traffic problems/congestion, public disturbance or where the need for police presence is required. PD-5 Refer any and all questions regarding these conditions to the Crime Prevention and Plans Officer, (951)506-6793. PUBLIC WORKS DEPARTMENT PW-1 A WQMP is not required, but the impound area must implement measures to prevent leaks from impounded vehicles and prevent polluted storm water from exiting the site.