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HomeMy WebLinkAbout15-04 DH ResolutionDH RESOLUTION NO. 15 -04 A RESOLUTION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15 -1025, A CONDITIONAL USE PERMIT FOR THE OPERATION OF AN AUTOMOBILE DETAIL CENTER AT AN EXISTING SERVICE STATION AND CARWASH, LOCATED ON THE SOUTHEAST CORNER OF PECHANGA PARKWAY AND TEMECULA PARKWAY AT 30535 TEMECULA PARKWAY, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 961- 410 -018) Section 1. Procedural Findings. The Community Development Director of the City of Temecula does hereby find, determine and declare that: A. On July 13, 2015 Lawrence Kourie, filed Planning Application No. PA15- 1025, a 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 October 22, 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 -1025 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA15 -1025 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 -1025 hereby makes the following findings as required by Section 17.040.010.E (Conditional Use Permit) of the Temecula Municipal Code: 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; As proposed, the Valero Detail Center will operate as an establishment with the primary purpose of a full service car wash. The proposed use is consistent with the City of Temecula General Plan and Development Code which specifies that the Highway Tourist (HT) designation includes full service car washes serving the entire community. 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 Valero Detail Center is proposed on a developed lot within the Highway Tourist 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 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. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of community; As conditioned, the project will meet 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. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. 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 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. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. z 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 Conditional Use Permit will operate at an existing facility. No site expansion is proposed for the automobile detail center. 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 -1025, a Conditional Use Permit for the operation of an automobile detail center at an existing service station and carwash located at 30535 Temecula Parkway, 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 e City Temecula this 22nd day of October, 2015. L atson Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No.15 -04 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 22 n day of October, 2015. ,t "LO-1 Denise Jacobo, S r tary 3 Planning Application No.: Project Description Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: PLANNING DIVISION EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA15 -1025 A Conditional Use Permit for the operation of an automobile detail center at an existing service station and carwash. The project is located at 30635 Temecula Parkway. 961 - 410 -018 N/A (no new square footage) N/A (no new square footage) N/A (no new square footage) N/A (non - residential) October 22. 2015 October 22, 2017 Within 48 Hours of the Approval Filing Notice of Exemption. The applicant/developer shall deliver 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 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 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. 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. 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 three (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. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 8. 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 wash, maintain, or repair vehicles onsite (other than washing of vehicles in the approved automated carwash). 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. g_ Modifications or Revisions. The permittee shafl obtain City approval for any modifications or revisions to the approval of this project. 10. Statement of Operations. The applicant shall comply with their Statement of Operations dated July 13, 2015, on file with the Planning Division, unless superseded by these Conditions of Approval. 11. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 12. 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. PUBLIC WORKS DEPARTMENT General Requirements 13. Conditions of Approval. The applicant shall comply with all Conditions of Approval and City codes /standards at no cost to any governmental agency. 14. Onsite Parkino. The applicant shall ensure that there is an adequate number of onsite parking spaces. If street parking is proposed, the applicant shall obtain approval from the Traffic Engineering Division prior to the event. 15. Signs. Signs advertising the event shall be placed on private property. 16. No Usage of Public Right- of -Way. Vendors and all activity shall occur on private property; no vendors shall be allowed within the public right -of -way. 17. Replacement of Damaged Improvements. The applicant shall replace any damaged pavement, curb, gutter, or landscaping within public right -of -way or on private property caused as a result of the event. 18. Water Quality. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscaped debris and waste from entering storm drain systems or from leaving the property. Spills and leaks must be cleaned up immediately; hosing down parking areas, sidewalks, alley or gutters is not allowed. Ensure that all materials and products stored outside are protected from the rain. Ensure that all trash bins are covered at all times. 19. Runoff. Runoff, trickle Flows, spills, leaks, and other surface dribble generated by the business' operations are not permitted to leave the project site. The use of a vehicle wash mat will prevent substances such as liquids, gels, powders and other by- products associated with detailing operations from leaving the project site. 20. Water Quality Control. The project shall comply with current water quality regulations mandated by State and Regional water quality control boards. BUILDING AND SAFETY DIVISION General Requirements 21. 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. 22. 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. 23. 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. 24. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. At Plan Review Submittal 25. 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 precise grading plan to verify accessibility for persons with disabilities. Prior to Issuance of Building Permit(s) 26. 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 27. 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 28. Fire Requirement. Any tent style canopies being used or a fabric cover that is part of a permanent structure shall be California State Fire Marshal approved for fire rating. Prior to Issuance of Certificate of Occupancy 30. Fire Extinguishers. Provide a 2A:10BC fire extinguisher inside each building or temporary structure on the site. POLICE DEPARTMENT General Requirements 31. Impeding Traffic. The applicant shall ensure both pedestrian and vehicle traffic is not impeded by this event within the shopping complex. 32. Street Closures. No street closures will occur without prior approval from the Temecula City Council.