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HomeMy WebLinkAbout042315 DH AgendaAGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING APRIL 23, 2015 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 CALL TO ORDER: Armando G. Villa, AICP, Director of Community Development PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Community Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number: PA15 -0313 Project Type: Conditional Use Permit Project Title: Enterprise Rent -A -Car Applicant: Timothy Williamson Project Description: A Conditional Use Permit to allow for Enterprise Rent -A -Car to relocate from the inline shop space of the existing overall site to a freestanding building on the site adjacent to Ynez Road. The freestanding building is proposed to include an indoor fleet preparation area to bucket wash and vacuum rental vehicles. Location: 27468 Ynez Road Environmental Action: Section 15301, Class 1 Existing Facilities Project Planner: James Atkins Item No. 2 Project Number: PA15 -0367 Project Type: Conditional Use Permit Project Title: United Motors Applicant: Ahmad Youssufzay Project Description: A Conditional Use Permit to allow used auto sales to be conducted within an existing multi- tenant building. The indoor sales will utilize a space totaling 1,475 square feet with all vehicles being stored inside. Location: Generally located on the south side of Via Montezuma, approximately 600 feet west of Jefferson Avenue at 28733 Via Montezuma Environmental Action: Section 15301, Class 1 Existing Facilities Project Planner: Brandon Rabidou NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the Director's Hearing. At that time, the agenda packet may also be accessed on the City's website — www.citvoftemecula.ora — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the City's websile — www.citvoftemecula.org — and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula Civic Center, (951) 694 -6400. STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: April 23, 2015 PREPARED BY: James Atkins, Case Planner PROJECT Planning Application No. PA15 -0313, a Minor Conditional Use SUMMARY: Permit to allow for Enterprise Rent -A -Car to relocate from the north side of the Temecula Town Center Shopping Center, to a freestanding building on the site adjacent to Ynez Road. The freestanding building is proposed to include an indoor fleet preparation area to bucket wash and vacuum rental vehicles. The site is located at 27648 Ynez Road. RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Timothy Williamson General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Site: North: South East: West: Lot Area: Total Floor Area /Ratio Community Commercial (CC) Community Commercial (CC) Existing vacant structure / Community Commercial (CC) Community Commercial (CC) Open Space (OS) Community Commercial (CC) Highway Tourism (HT) Existing /Proposed 0.53 acres 0.10 existing Landscape Area /Coverage: 30% existing Parking Required /Provided: 26 spaces proposed Min /Max Allowable or Required N/A 1.0 maximum 20% minimum 24 spaces required X: \Planning \2015 \PA15 -0313 Enterprise Rental CUP \Planning \Hearing - Director's Hearing \Staff Report PA15- 0313.docxl BACKGROUND SUMMARY On February 27, 2015, the applicant submitted Planning Application No. PA15 -0313, a Conditional Use Permit for Enterprise Rent -A -Car. The CUP is for an automobile rental and car washing facility. The use is currently located in Suite #1 of the inline shops of the Temecula Town Center Shopping Center located at 27468 Ynez Road. Due to the impending demolition of the inline shops, the business must relocate and has selected the stand alone building within the overall center at 27648 Ynez Road. The anticipated move is not intended to expand the use and no additional fleet vehicles or staff will be added. Currently Enterprise has six staff members and requires approximately 18 parking spaces for fleet vehicles. The existing location does not have an area for cleaning fleet vehicles prior to re- renting. Since the proposed location is much larger than the existing location, a fleet preparation area can be provided indoors. The addition of an indoor vehicle preparation area will allow employees to bucket wash and vacuum interiors of vehicles prior to re- rental. No mechanical work will be performed at this location. ANALYSIS Site Plan The overall shopping center site is approximately 40 acres and includes big box anchors such as Target, CVS, and Vons, as well as several inline and smaller freestanding buildings with varied users. The specific pad site for this use is approximately 2.6 acres and includes an existing 2,285 square foot freestanding building located at the northeast corner of Ynez Road and Rancho California Road. The existing site and building will remain mostly unchanged except for relocating the trash enclosure and adding two doors to the north elevation. Currently the trash enclosure is located at the northwest corner of the site, north of the building. Due to the proposal to allow for vehicles to be brought inside the building for bucket washing and vacuuming, the trash enclosure must be moved to the northeast of the building to allow for vehicle access into the building. Onsite parking is provided with spaces located to the east, as well as immediately adjacent the building. Moving the trash enclosure results in the loss of one parking space, however the site remains over - parked. The use requires 24 spaces and the site, with the removal of the space, provides 26 spaces. Architecture The existing freestanding building is part of an overall shopping center. All buildings within the center present a contemporary style with earth tone colors. There are no significant architectural changes proposed for the building. The single change is the addition of double doors to be located on the north elevation for the purpose of creating internal access for vehicles. X: \Planning \2015 \PA15 -0313 Enterprise Rental CUP \Planning \Hearing - Director's Hearing \Staff Report PA15- 0313.docx2 Access /Circulation Access and onsite circulation to the specific pad site is made through the overall shopping center's access points. The two points of access to that are most near and best serve the specific pad site are approximately 250 feet in the north and the east direction. Direct access and circulation is made possible through the overall site's internal circulation drives and shared parking fields. Landscaping The existing landscape comprises approximately 30% coverage of the site, where the City of Temecula Municipal Code requires 20% coverage. There are no significant landscape changes proposed for the site. The single change to landscaping occurs as a result of the relocation of the trash enclosure and configuration of the required landscape buffer surrounding its new location. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on April 9, 2015 and mailed to the property owners within a 600 -foot radius. ENVIRONMENTAL DETERMINATION 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 request for a Conditional Use Permit to allow an Enterprise Rent -A -Car to operate in a 2,285 square foot commercial retail building, and allow indoor bucket washing and vacuuming in a community commercial zone, will be conducted in an Existing Facility. All access and public utilities are available to the site. The proposed site, with issuance of a Development Plan with a Minor Exception and a Conditional Use Permit, is in conformance with all zoning requirements of the Development Code. FINDINGS Conditional Use Permit (Development Code Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. As proposed, Enterprise Rent -A -Car will operate as a service whose primary purpose is to provide rental vehicles to the general public. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. Enterprise Rent -A -Car is proposed within an existing freestanding building in an existing shopping center. 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. X: \Planning \2015\PA15 -0313 Enterprise Rental CUP \Planning \Hearing - Director's Hearing \Staff Report PA15- 0313.docx3 Enterprise Rent -A -Car is proposing to relocate to an existing free - standing building in an existing shopping center within the Community Commercial zone. 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 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 the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The application will allow for the Enterprise Rent -A -Car to provide rental vehicles to the general public, and bucket wash and vacuum the vehicles for re- rental at an existing free - standing building location. The site will remain adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code as required by the Community Development Director, the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project meets all requirements of the Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. 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 Community Development Director or Planning Commission on appeal. 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 Community Development Director. ATTACHMENTS Aerial Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Notice of Public Hearing X: \Planning \2015 \PA15 -0313 Enterprise Rental CUP \Planning \Hearing - Director's Hearing \Staff Report PA15- 0313.docx4 AERIAL MAP City of Temecula PA 15-03131 250 500 FAN Tn. map mer. made by Ne cF of Temecula CaoY.Ma information snnm. Damro.tand evxombaseeaY pndLan Eylate Rnen,eee- Nwe.wr. Dprlm.nl and eve Tranwaafon sM Land Manapemmt Npermy o, Rlra,vYa `_' NORTH Doom The Cray of Temmmaasames no waranry of iepM ,eaponndlXy le, N. � - nfam.eon=maneJ on Mis map Data and inammanon represented on Mm mp '�'�at' w wwbjedlaupatle and mo6noaoo The cmprgmc inkrmaten System mtl i/'q/(/�/• K ,the, ..arras eno"id be soar.d m, Me most anent mforremon That map of mm for,apred or rearde Cas.gnphic, lnteemMHon Systems PLAN REDUCTIONS VICINITY MAP UTILITY PURVEYORS PROJECT DATA PROJECT CONTACTS �� weuw•m ..w.niwoe ... en, ...�Rm. coNai,.w.:w .o.. .,A-.. wPaeu v ummre INT CODE ANALYSIS STATEMENT OF OPERATION 'p® NA w^ � a? d rm rmu . im¢vv� ,rua.mc %rvn y PRQEC, Pte'. ENTERPRISE REx,�A ♦N mNm.vuN N.wc mo oa NA aamr mn ai. nne'u..e PAP wUV.ff ..y asssres�w aaNyi RP mcmi APAl- wpry¢�r.i¢rtaaa.umry n¢. m.r..vuaan AAA, P-- au �T ae emvu �e.ieS.�Miwmi PROLCI N/YE: ENTERPRISE RENT -A {AR firm mw ' ' rD�an RED <O w. % naea AN, wuo NF 241E KCMERNA .MM: I o.rz: IxPw *,.. SNEEI W¢X1AlPptl aASJUP.I< xQ: PS OA2E�EV a [KIFRONT T�L = =- � o. I SHEET - I I > mAw ----- --- — —�� — I SITE PLAN (SECTION A) — T S v m maPVY E SN[E, IM: A1.0 TRASH ENCLOSUREµ 2 SITE PLAN A o 1 I%PSTNIS PTT 10 LF I `TN ��LTMT. FWr PgAINJ ER N oPE lAyT `N-C, PV ENTERPRISE PENTA, V-01 -�TH� 1.01 NE—NEVVE. NJ MnOT. (-r(f') PROJECT PANE ENTERPRISE RENT A�CAR R ILT r��'IZAFr SHEEI MITINUAT. P� NO: E.I. DATE loa rr) A? M*p �W? "N �T UA,P., P.P. ACCErf WOH T�R .1 P as a o WEPT TILL PLANS (SECTION 8) SHEET NG: A2.0 ROOF PLAN 2 1 FLOOR PLAN -mss ENTEFPnIEE PENi.1 EAST / FRONT ELEVATION A RISE : - - ENTER EN1fflPPISE NEHLbCNfl � ISLIE WECMIDCN. 11 _T. w RW➢240rvM6�4 MI — D/.lE: IrYWwTW: as WET WiMN11KM. NORTH ELEVATION 2 PNOi T ND. <vae u MR. uuc: ss.»im oNrz: u+wcx aas - RDi Doh. — CNIMNG N.WE: . WET nT BUILDING ELEVATIONS " (SECTION C) WET W; A3.0 WEST ELEVATION — a (MATERIALSCOLOR TOMATCH EXISTING) (COLOR TO MATCH EXISTING) I', s� casnrxT^ ENTERPRISE RENT XC PRpELi MAZE: ENiERPP19E RFNiA {I.R ssu SEET TTE BUILDING COLOR ELEVATION �6ELigN C1� 9RT X0.: A3.2 DINzi*Is]ItpRM L`I DH RESOLUTION NO. 15- A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15 -0313, A CONDITIONAL USE PERMIT TO ALLOW FOR ENTERPRISE RENT -A -CAR TO RELOCATE TO AN EXISTING FREESTANDING BUILDING AT THE TEMECULA TOWN CENTER LOCATED AT 27648 YNEZ ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921 - 320 -012) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On February 27th, 2015, Timothy Williamson filed Planning Application No. PA15 -0313, 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 Director of Community Development, at a regular meeting, considered the Application and environmental review on April 23, 2015, 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 Director of Community Development approved Planning Application No. PA15 -0313 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA15 -0313, conformed to the City of Temecula's General Plan Development Code (Subdivision, Development Agreement). Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA15 -0313, hereby makes the following findings as required by the City of Temecula 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; As proposed, Enterprise Rent -A -Car will operate as a service whose primary purpose is to provide rental vehicles to the general public. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. Enterprise Rent -A -Car is proposed within an existing freestanding building in an existing shopping center. 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; Enterprise Rent -A -Car is proposing to relocate to an existing free - standing building in an existing shopping center within the Community Commercial zone. 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. 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 the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The application will allow for the Enterprise Rent -A -Car to provide rental vehicles to the general public, and bucket wash and vacuum the vehicles for re- rental at an existing free - standing building location. The site will remain adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code as required by the Community Development Director, the Planning Commission, or City Council in order to 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 meets all requirements of the Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be 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 Director of Community Development, Planning Commission, or City Council on appeal: 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 Community Development Director. Section 3. Environmental Findings. The Director of Community Development 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 request for a Conditional Use Permit to allow an Enterprise Rent -A -Car to operate in a 2,285 square foot commercial retail building, and allow indoor bucket washing and vacuuming in a community commercial zone, will be conducted in an existing facility. All access and public utilities are available to the site. The proposed site, with issuance of a Development Plan with a Minor Exception and a Conditional Use Permit, is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA15 -0313, 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 Director of Community Development this 23rd day of April, 2015. Armando G. Villa, AICP Director of Community Development I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 15- was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 23rd day of April, 2015. Cynthia Lariccia, Secretary acn:li DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA15 -0313 Project Description: A Minor Conditional Use Permit to allow for Enterprise Rent -A -Car to relocate from the north side of the Temecula Town Center site, to a freestanding building on the site adjacent to Ynez Road. The freestanding building is proposed to include an indoor fleet preparation area to bucket wash and vacuum rental vehicles. The site is located at 27648 Ynez Road. Assessor's Parcel No.: 921- 320 -012 MSHCP Category: DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: PLANNING DIVISION N/A (No new grading) N/A (No new square footage) N/A (No new square footage) Non - Residential April 23, 2015 April 23, 2017 Within 48 Hours of the Approval Filing Notice of Exemption. The applicant/developer shall dzliver to the Planning Division a cashiers 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 Division 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 Indemnification of the Citv. 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. 3 Expiration. 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 4s thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development 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. 5. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6. Signage Permits. A separate building permit shall be required for all signage. 7 Water Quality and Drainage. 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 shall be cleaned up immediately. b. Do not conduct mechanical maintenance or vehicle repairs 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. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. g Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 10. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 11 Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 12. Reciprocal Use Agreement. 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 Division a copy of a recorded Reciprocal Use Agreement, which provides for cross -lot access and parking across all lots. 13. Statement of Operations. The applicant shall comply with their Statement of Operations dated February 27, 2015, on file with the Planning Division, unless superseded by these Conditions of Approval. 14. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 15. City Review and Modification of CUP. The City, its Director of Community Development, 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 Director of Community Development, Planning Commission and City Council is in addition to, and not in -lieu of, the right of the City, its Director of Community Development, 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 Issuance of Building Permit 18. Downspouts. All downspouts shall be internalized. BUILDING AND SAFETY DIVISION General Requirements 17, Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 18. Compliance with Code. All design components shall comply with applicable provisions of the 2013 edition of the California Building, Plumbing and Mechanical Codes; 2013 California Electrical Code; California Administrative Code, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 19. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right -of -way to all public areas on site, such as trash enclosure, etc. 20. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 21. Obtaining Separate Approvals and Permits. Trash enclosures (solid cover ), patio covers, light standards, and any block walls will require separate approvals and permits. 22. Demolition. Demolition permits require separate approvals and permits. 23. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one - quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. At Plan Review Submittal 24. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2013 edition of the California Building Code. c. A precise grading plan to verify accessibility for persons with disabilities. d. 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) 25. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 26. Pre - Construction Meeting. A pre- construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 27. Fire Dept. Plan Review. 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. 28. Fire Requirement. Building is currently a non - sprinklered building. Due to its use and square footage it is not required to be sprinklered or equipped with a fire alarm monitoring system. If the owner chooses to do such systems, them the appropriate permits will be required by the Fire Department. Prior to Issuance of Grading Permit(s) 29. Access Road Widths. 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 and City Ordinance 15.16.020). Prior to Issuance of Certificate of Occupancy 30. Knox Box. 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). 31. Addressing. 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 6 -inch high letters and /or numbers on both the front and rear doors. Single family residences and multi - family residential units shall have 4 -inch letters and /or numbers, as approved by the Fire Prevention Bureau (CFC Chapter 5 and City Ordinance 15.16.020). STATEMENT OF OPERATIONS City of Temecula Minor CUP Section I — Statement of Operations Enterprise Rent -a -Car Enterprise Rent a Car currently operates a store located at 27468 Ynez Road #1. Enterprise has been asked to relocate by the landlord due to pending demolition of the building they currently occupy. The new proposed location (27648 Ynez Road) is a stand alone building owned by the same landlord in the same large shopping center. Enterprise has operated at their current location for 23 years without any issues. The goal of this relocation is to simply relocate and not to expand. Their client base (new / used car dealers) has not increased over the years and therefore, no additional fleet cars and staff will be added. Currently Enterprise has 6 staff members and requires approximately 18 parking spaces for their fleet vehicles. Their current location does not have an area for cleaning the fleet vehicles prior to re- renting them. Since the new proposed location is larger than the existing store, a fleet auto preparation area can be provided indoors. The purpose of this indoor auto preparation area is to bucket wash the car and vacuum the interior prior to re- renting. No mechanical work what so ever will be preformed on the fleet vehicles at this location. ARCHITECTURE INTERIOR DESIGN PLANNING 42095 Zevo Drive, Suite A15, Temecula, California 92590 -3780 Phone: 951/296 -9110 Fax: 951/296 -6079 E -Mail: stk @stkinc.com NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula COMMUNITY DEVELOPMENT DIRECTOR to consider the matter described below: Case No: PA15 -0313 Applicant: Timothy Williamson Proposal: A Conditional Use Permit to allow for Enterprise Rent A Car to relocate from the in- line shop space of the existing overall site, to a freestanding building on the site adjacent to Ynez Road. The freestanding building is proposed to include an indoor fleet preparation area to bucket wash and vacuum rental vehicles. The site is located at 27468 Ynez Road Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Existing Facilities) Case Planner: James Atkins, (951) 240 -4206 Place of Hearing: City of Temecula, Great Oak Conference Room Date of Hearing: April 23, 2015 Time of Hearing: 1:30 p.m. I Project Site The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.citvoftemecula.org. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.org — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694 -6400. X: \Planning \2015 \PA15 -0313 Enterprise Rental CUP \Planning \Hearing - Directors Hearing \DH -NOPH PA15- 0313.docx ITEM 2 STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: April 23, 2015 TO: Armando G. Villa, AICP, Director of Community Development PREPARED BY: Brandon Rabidou, Case Planner PROJECT Planning Application No., PA15 -0367, a Minor Conditional Use SUMMARY: Permit to allow used auto sales to be conducted within an existing multi- tenant building. The indoor sales will utilize a space totaling 1,475 square feet with all vehicles being stored inside the indoor sales area, generally located on the south side of Via Montezuma, approximately 600 feet west of Jefferson Avenue at 28733 Via Montezuma (APN: 921 - 050 -006). RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Ahmad Youssufzay General Plan Industrial Park (IP) Designation: Zoning Designation: Light Industrial (LI) Existing Conditions/ Land Use: Site: Auto Repair Shops /Light Industrial North: Auto Repair Shops /Light Industrial South: Auto Repair Shops /Light Industrial East: Auto Repair Shops /Light Industrial West: Church/ Light Industrial Existing /Proposed Min /Max Allowable or Required Lot Area: 49,738 square feet/ 40,000 square feet minimum lot 49,738 square feet size Total Floor Area /Ratio: 19,800 square feet .40 FAR maximum Existing Building/ .39 FAR X: \Planning \2015\PA15 -0367 United Motors CUP \Planning \Director's Hearing \Staff Report.docx 1 Parking Required /Provided: 109 spaces required / 58 109 minimum required spaces provided (2 designated to applicant) BACKGROUND SUMMARY Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Planning Application No. PA15 -0367 is a request for a Minor Conditional Use Permit by Ahmad Youssufzay to operate an indoor used car dealership at 28733 Via Montezuma. The indoor used car dealership will function inside a 1,475 square foot section of an existing 19,800 square foot multi- tenant industrial building. No auto repairs will be made on -site. Zoning for the existing building is Light Industrial. Temecula Development Code Section 17.08.030 permits indoor car sales in the Light Industrial zone with a Minor Conditional Use Permit. Historically, this site was an indoor used car dealership operating as Schumacher Auto Sales from 1992 -2008. While business license records indicate that the business started operation in 1992, it is believed that the business was operating in this location prior to the City's incorporation. Prior to the City's incorporation, a Conditional Use Permit may not have been required for indoor auto sales to operate at this location. The closure of Schumacher Auto Sales in 2008 ended the legal nonconforming land use of this site. The Temecula Development Code requires nonconforming uses that have been discontinued for more than 180 days to conform to current development standards (Section 17.03.070.F). The applicant is now required to obtain a Minor Conditional Use Permit to comply with the Temecula Development Code Section 17.08.030. The proposed Minor Conditional Use Permit will not add any additional square footage or make alterations to the exterior of the building. The proposed Minor Conditional Use Permit would permit the owner to operate between 8:00 a.m. to 5:00 pm Monday through Friday. On Saturdays, the hours will be 8:00 a.m. to 2 p.m. One employee will operate the location. Cars for sale, display, or storage will be housed inside the building. No vehicles will be stored, displayed, or sold in the public right -of -way, in parking stalls, or on any landscaping. The applicant has stated that he is leasing a separate facility in Murrieta to mitigate inventory and storage issues. With most cars taking approximately 200 square feet of indoor space, the applicant could store a maximum of seven cars within the existing facility. This number may fluctuate based on the size of the vehicles. Parking at the existing site is deficient. These conditions are a result of development regulations implemented prior to the City's incorporation. The existing site contains 58 parking spaces; while the current Temecula Development Code requires a minimum of 109 parking spaces (this calculation includes the proposed use). The table on the next page demonstrates the formula for calculating the minimum parking spaces required. X: \P1anning \2015 \PA15 -0367 United Motors CUP \Planning0irector's Hearing \Staff Report.docx 2 Parking Minimums 26 existing auto bays 4 parking spots required per bay 104 parking spaces required 1475 square feet of 1 spot for every 300 square feet of 5 parking spaces required indoor auto sales indoor sales (proposed use 109 total parking spaces required 2 k (deficient 51 spaces) Staff conducted a field visit to examine parking conditions. It was observed that the existing site has challenges with parking. Existing users are blocking fire lanes and double parking. This issue can be resolved with increased enforcement from Code Enforcement staff. Staff will be following up with Code Enforcement to address the issues. Additionally, staff noted that two spaces were designated for the previous indoor auto sales (these spaces will be maintained by the proposed Minor Conditional Use Permit). Adding additional parking to the site is not feasible. After staff's visit to the site, the applicant was contacted to discuss the challenges. The applicant agreed to re -write their Statement of Operations to further solidify that no sales, storage, or display of vehicles would be permitted with the proposed Minor Conditional Use Permit. Staff re- enforced the fact that a Minor Conditional Use Permit could be revoked for failing to abide by the Statement of Operations and the Conditions of Approval attached to the Minor Conditional Use Permit. While the existing site's parking is deficient, the parking situation is legal nonconforming as it was developed prior to the City's incorporation. Temecula Municipal Code Section 17.03.070.C.1 deems that "No existing use of land or structure shall be deemed nonconforming solely because of the lack of off - street parking required by this development code." When examining alternatives for uses at the proposed location, it was determined that any future use would have the similar parking challenges. Other permitted uses could further aggravate the parking situation. With the Conditional Use Permit for indoor auto sales, staff can regulate the parking concerns more than a use that is permitted by right. Staff supports the Minor Conditional Use Permit with the understanding that no sales, storage, or display of vehicles will be permitted. If the applicant does not conform to these conditions, staff may revoke the Minor Conditional Use Permit per Temecula Municipal Code Section 5.09.100.C. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on April 10, 2015 and mailed to the property owners within the required 900 -foot radius. ENVIRONMENTAL DETERMINATION 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 Minor Conditional Use Permit will operate at an existing facility that historically had indoor car sales. No site expansion is proposed for the indoor car sales. Conditions of Approval have been implemented to ensure the project does not cause adverse impacts to the surrounding area. X: \P1anning \2015 \PA15 -0367 United Motors CUP \Planning \Director's Hearing \Staff Report.docx 3 FINDINGS Conditional Use Permits (Section 17.04.010.E.1) The proposed conditional use is consistent with the General Plan and the Development Code 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 used automobile dealers with no outdoor display provided a Conditional Use Permit is issued. Staff has created Conditions of Approval that should alleviate parking issues that may conflict with the Development Code. Therefore, the project is consistent with the Development Code. 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 adjacent uses, buildings or structures because the proposed use is a conditionally permitted use in the Light Industrial zone and the project site is currently developed with all improvements in place. Staff has created Conditions of Approval that should alleviate parking issues that may adversely affect the adjacent uses, buildings or structures. Furthermore, the scope of the project is identical to historical uses at the site. 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 site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, 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. This is because the project site is currently existing and developed and the proposed use does not propose any additions or exterior alterations to the building site. The proposed use does exceed parking requirements as a result of pre- incorporation development standards. The applicant has worked with staff to address parking concerns, and the applicant has agreed to no outdoor sales, display, or storage of vehicles. The historical use of this site as an indoor auto sales facility and the applicant's agreement to the Conditions of Approval will integrate the use into the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed conditional use is not detrimental to the health safety and general welfare of the community because the showroom will provide additional opportunities and services to the community. In the past, this site was utilized as an indoor auto sales facility. Staff has created Conditions of Approval that should alleviate parking issues to protect the health, safety and general welfare of the community. X: \P1anning \2015 \PA15 -0367 United Motors CUP \Planning \Director's Hearing \Staff Report.docx 4 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 Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Director of Planning. ATTACHMENTS Aerial Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing X: \Planning \2015 \PA15 -0367 United Motors CUP \Planning \Director's Hearing \Staff Report.docx 5 AERIAL MAP X: \Planning \2015 \PA15 -0367 United Motors CUP \Planning \Director's Hearing \Staff Report.docx 6 FAA .I ' • • • �M.• \ R \•. -Q`. ,\ w ,M, S ,•I •. oth�",eh,ble THIA MAP IS OT TO BE USED : PLAN REDUCTIONS X: \Planning\2015 \PA15 -0367 United Motors CUP \Planning \Director's Hearing \Staff Report.docz 7 TOLL EPEE Ep n wn v,[,u EXISTING FLOOR PLAN LEGEND RENSIONS S. rr a -fiY I F —a "alti i 15 E 1 ADA REQUIREMENTS MEMAROELOOR"N UNTIED AUTO SAGES 18133 VTA NOCIFZNMA A -2 (N) E . . 1x 1 1W. W. m i u � o� g 19105Q.Ff ga M fRE pMWSNER IIXVaW. Y1ipY. fLViPfO nNWY. TOLL EPEE Ep n wn v,[,u EXISTING FLOOR PLAN LEGEND RENSIONS S. rr a -fiY I F —a "alti i 15 E 1 ADA REQUIREMENTS MEMAROELOOR"N UNTIED AUTO SAGES 18133 VTA NOCIFZNMA A -2 DH RESOLUTION X: \Planning\2015\PA15 -0367 United Motors CUP \Planning \Director's Hearing \Staff Report.docx 8 DH RESOLUTION NO. 15- A RESOLUTION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15 -0367, A MINOR CONDITIONAL USE PERMIT TO ALLOW USED AUTO SALES TO BE CONDUCTED WITHIN AN EXISTING MULTI - TENANT BUILDING. THE INDOOR SALES WILL UTILIZE A SPACE TOTALING 1,475 SQUARE FEET INCLUDING AN INDOOR SALES AREA, WITH ALL VEHICLES BEING STORED IN AN INDOOR SALES AREA, GENERALLY LOCATED ON THE SOUTH SIDE OF VIA MONTEZUMA, APPROXIMATELY 600 FEET WEST OF JEFFERSON AVENUE AT 28733 VIA MONTEZUMA, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921 - 050 -006) Section 1. Procedural Findings. The Community Development Director of the City of Temecula does hereby find, determine and declare that: A. On March 11, 2015 Ahmad Youssufzay, filed Planning Application No. PA15 -0367, a Minor Conditional Use Permit, 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 Community Development Director, at a regular meeting, considered the Application and environmental review on April 23, 2015 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 Community Development Director approved Planning Application No. PA15 -0367 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA15 -0367 conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Community Development Director, in approving the Planning Application No. PA15 -0367 hereby makes the following findings as required by Section 17.040.010.E (Conditional Use Permit) of the Temecula Municipal Code: Minor Conditional Use Permit / Section 17.040.010.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; X: \Planning \2015 \PA15 -0367 United Motors CUP \Planning \Director's Hearing \Item 3 DH RESOLUTION EXEMPT FROM CEQA.doc 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 used automobile dealers with no outdoor display provided a Conditional Use Permit is issued. Staff has created Conditions of Approval that should alleviate parking issues that may conflict with the Development Code. Therefore, the project is consistent with 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; 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 because the proposed use is a conditionally permitted use in the Light Industrial zone and the project site is currently developed with all improvements in place. Staff has created Conditions of Approval that should alleviate parking issues that may adversely affect the adjacent uses, buildings or structures. Furthermore, the scope of the project is identical to historical uses at the site. 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 site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. This is because the project site is currently existing and developed and the proposed use does not propose any additions or exterior alterations to the building site. The proposed use does exceed parking requirements as a result of pre - incorporation development standards. The applicant has worked with staff to address parking concerns, and the applicant has agreed to no outdoor sales, display, or storage of vehicles. The historical use of this site as an indoor auto sales facility and the applicant's agreement to the Conditions of Approval will integrate the use into the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of community; The nature of the proposed conditional use is not detrimental to the health safety and general welfare of the community because the showroom will provide additional opportunities and services to the community. In the past, this site was utilized as an indoor auto sales facility. Staff has created Conditions of Approval that should alleviate parking issues to protect the health, safety and general welfare of the community. X: \Planning \2015 \PA15 -0367 United Motors CUP \Planning \Director's Hearing \Item 3 DH RESOLUTION EXEMPT FROM CEQA.doc 2 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 Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Director of Planning, Planning Commission or City Council on appeal. Section 3. Environmental Findings. The Director of Planning hereby makes the following environmental findings and determinations in connection with the approval of the Minor Conditional Use 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 Minor Conditional Use Permit will operate at an existing facility that historically had indoor car sales. No site expansion is proposed for the indoor car sales. Conditions of Approval have been implemented to ensure the project does not cause adverse impacts to the surrounding area. Section 4. Conditions. That Community Development Director of the City of Temecula hereby approves Planning Application No. PA15 -0367, a Minor Conditional Use Permit to allow auto sales to be conducted within a multi- tenant building located at 28733 Via Montezuma. The suite totals 1,475 square feet and includes an indoor sales area and a restroom. All vehicles will be stored in the indoor sales portion of the building, 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 Community Development Director of the City of Temecula this 23rd day of April 2015. Armando G. Villa, AICP Director of Community Development I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 15 -_ was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 23rd day of April 2015. Cynthia Lariccia, Secretary X: \Planning \2015 \PA15 -0367 United Motors CUP \Planning \Directors Hearing \Item 3 DH RESOLUTION EXEMPT FROM CEQA.doc 3 EXHIBIT A DRAFT CONDITIONS OF APPROVAL X: \Planning\2015 \PA15 -0367 United Motors CUP \Planning \Director's Hearing \Staff Report.docx 9 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA15 -0367 Project Description: A Minor Conditional Use Permit to allow used auto sales to be conducted within an existing multi- tenant building located at 28733 Via Montezuma Assessor's Parcel No.: 921- 050 -006 MSHCP Category: N/A (no new square footage) DIF Category: N/A (no new square footage) TUMF Category: N/A (no new square footage) Quimby Category: N/A (non - residential) Approval Date: April 23, 2015 Expiration Date: April 23, 2017 PLANNING DIVISION General Requirements Indemnification of the City. 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 Citys 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. 2. Expiration. 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, or use of a property in conformance with a Conditional Use Permit. Time Extension. The Director of Community Development 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. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. Signage Permits. A separate building permit shall be required for all signage. Temporary signage shall comply with the Temecula Municipal Code and shall receive all required permits. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development 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. 7. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Statement of Operations. The applicant shall comply with their Statement of Operations dated April 13, 2015, on file with the Planning Division, unless superseded by these Conditions of Approval. 10. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 11. Sale, Storage, and Display of Vehicles. The sale, storage, and display of vehicles shall only occur inside the 1,475 SF building located at 28733 Via Montezuma. Vehicles being sold, stored, or displayed shall not be in parking stalls, landscaped areas, or in the public right -of -way. 12. Property Maintenance. All parkways, including within the right -of -way, entryway median, landscaping, walls, fencing, recreational facilities, and on -site lighting shall be maintained by the property owner or maintenance association. BUILDING AND SAFETY DIVISION General Requirements 13. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 14. Compliance with Code. All design components shall comply with applicable provisions of the 2013 edition of the California Building, Plumbing and Mechanical Codes; 2013 California Electrical Code; California Administrative Code, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 15. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right -of -way to all public areas on site. 16. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights -of -way. 17. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 18. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. At Plan Review Submittal 19. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2013 edition of the California Building Code. c. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Beginning of Construction 20. Pre - Construction Meetinq. A pre- construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 21. Fire Requirement. Each vehicle stored inside the building cannot have more than 1 gallon of gasoline inside the fuel tank. 22. Fire Requirement. For any alternations on the inside of the building, new walls, new storage areas, new offices, will result in a fire sprinkler and fire alarm tenant improvement permits to be required. Prior to Issuance of Grading Permit(s) 23. Access Road Widths. 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 and City Ordinance 15.16.020) 24. 25. All Weather Access Roads. 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 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020) Turning Radius. Dead end fire lane roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC Chapter 5 and City Ordinance 15.16.020) NOTICE OF PUBLIC HEARING X: \Planning\2015\PA15 -0367 United Motors CUP \Planning \Director's Hearing \Staff Report.docx 10 Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula COMMUNITY DEVELOPMENT DIRECTOR to consider the matter described below: Case No: PA15 -0367 Applicant: Ahmad Youssufzay Proposal: A Conditional Use Permit for indoor used auto sales located at 28733 Via Montezuma Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Existing Facilities, Section 15301, Class 1) Case Planner: Brandon Rabidou, (951) 506 -5142 Place of Hearing: City of Temecula, Great Oak Conference Room Date of Hearing: April 23, 2015 Time of Hearing: 1:30 p.m. Project Location 4� The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Director's Hearing. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.org. Any Supplemental Material regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.oro — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694 -6400.