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HomeMy WebLinkAbout15-03 DH ResolutionDH RESOLUTION NO. 15 -03 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; 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. z 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 Dir c or of the City of Temecula this 23rd day of April 2015. Armando G. Vill , Al Director of Community Development I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No.15 -03 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 23`d day of April 2015. 4 Lariccia 3 EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL 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 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 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. 3. 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. 4. 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. 5. 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. 6. 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. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 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 Meeting. 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. 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) 25. 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)