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HomeMy WebLinkAbout13-006 DH Resolution \ DH RESOLUTION NO. 13-06 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAl2-0249, A MINOR CONDITIONAL USE PERMIT TO ALLOW CONTINUED OPERATIONS OF RV READY (RV SALES/DISPLAY) FOR A PERIOD OF FIVE YEARS AT THE FORMER KIA WORLD SITE LOCATED AT 27500 JEFFERSON AVENUE (APN 910- 310-007) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. The Planning Director, at a regular meeting, approved Planning Application No. PA08-0050 on May 22, 2008, at a duly noticed public hearing as prescribed by law. B. On August 19, 2013, Steve Rawlings filed Planning Application No. PAl2- 0249 a Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Director, at a regular meeting, considered the Application and environmental review on September 19, 2013, 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. E. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PAl2-0249 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PAl2-0249, conformed to the City of Temecula's General Plan Development Code (Conditional Use Permit). Section 2. Further Findings. The Planning Director, in approving Planning Application No. PAl2-0249, hereby makes the following findings as required by Conditional Use Permits Section 17.04.010. 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; Per the City of Temecula Development Code (Section 17.08.030), recreational vehicle sa/es and renta/s are permitted in a Highway Tourist Commercial zones upon the approval of a Conditional Use Permit. The use has been reviewed and has been found to be consistent with the General Plan and the Development 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; Surrounding uses include retail commercial, with another recreation vehicle sales use located several properties to the south. The conditional use is compatible with the nature, condition and development of adjacent uses, buildings, and structures and it is not expected to adversely 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 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 project has been reviewed and conditioned to ensure that the requirement 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. As a result, the project is designed to integrate into the surrounding area. D. The nature of the proposed conditional use is not detrimental to health, safety and general welfare of community; The project has been reviewed and conditioned to ensure it meets all requirements of the Development Code, General Plan, and fire codes which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimenta/ to the health, safety, and general welfare of the community. E. That the decision to 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 Director of Community Development; The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Director of Community Development. 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 project consists of a conditional use permit to continue RV Ready (RV Sales/display) operations for a period of five years within an existing recreational vehicle (RV) dealership. No physical expansion is involved. Further environmenfal review is not necessary because the project is consistent with CEQA Section 15301, C/ass 1 Existing Facilities exemption and meets all applicable Development Code requirements. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PAl2-0249, a Minor Conditional Use Permit to allow continued operations of RV Ready (RV sales/display) for a period of five years at the former Kia World site located at 27500 Jefferson Avenue, 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 19 day of September, 2013. � i Patrick Richardson, Director of Community Development I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 13-06 was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 19 day of September, 2013. f r ^ � ynthia Lari ia, Secretary EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PAl2-0249 Project Description: Planning Application No. PAl2-0249, a Minor Conditional Use Permit to allow continued operations of RV Ready (RV sales/display) for a period of five years at the former Kia World site located at 27500 Jefferson Avenue Assessor's Parcel No.: 910-310-007 MSHCP Category: N/A (No New Square Footage/Grading) DIF Category: N/A (No New Square Footage) TUMF Category: N/A (No New Square Footage) Quimby Category: Exempt (Non-Residential) Approval Date: September 19, 2013 Expiration Date: September 19, 2015 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicanUdeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) 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 Wildlife 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 is limited to five years from the approval date and shall expire September 19, 2018 subject to a Public Hearing (Director's Hearing on September, 19, 2018). 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. 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. To ensure compliance with this Condition of Approval: a. Spills and leaks must be cle.aned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. 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. The applicant shall comply with their Statement of Operations dated August 18, 2013, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-12. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-13. 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. BUILDING AND SAFETY DIVISION No conditions FIRE PREVENTION No conditions POLICE DEPARTMENT No conditions PUBLIC WORKS DEPARTMENT No conditions