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HomeMy WebLinkAbout16-07 DH Resolution DH RESOLUTION NO. 16-07 A RESOLUTION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA14-0175, A DEVELOPMENT PLAN FOR AMERICAN TIRE DEPOT TO CONSTRUCT A 7,303 SQUARE FOOT BUILDING TO BE USED FOR TIRE RETAIL AND REPAIR, AS WELL AS MINOR AUTO REPAIR SERVICES, LOCATED AT THE SOUTHWEST CORNER OF YNEZ ROAD AND DLR DRIVE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-730-071) Section 1. Procedural Findings. The Community Development Director of the City of Temecula does hereby find, determine and declare that: A. On August 7, 2014, Bedros Darkjian, filed Planning Application No. PA14- 0175, a Development Plan, in a manner in accord with the City of Temecula General Plan and Development Code (Associated with PA14-0187). 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 August 18, 2016, 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. PA14-0175 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA14-0175 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. PA14-0175 hereby makes the following findings as required by Section 17.05.010.F (Development Plan) of the Temecula Municipal Code: Development Plan, Development Code Section 17.05.010.F 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; Automobile repair service shops, as conditioned, are an allowable use within the Community Commercial zone. Therefore the use will be consistent with the General Plan for Temecula as well as the requirements for State law and other Ordinances of the City. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The project has been reviewed and conditioned to ensure conformance with the Development, Building, and Fire codes. These codes contain provisions designed to ensure the protection of the public health, safety, and general welfare. Section 3. Environmental Findings. The Community Development Director hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, Class 32, In-Fill Development Projects); The project meets all General Plan and Zoning policies and regulations and is located within City limits on a site of no more than five acres. The project site has no value as habitat for endangered, rare or threatened species. The site is also surrounded by development and is able to be serviced by all required utilities and public services. The project is not anticipated to result in any significant effects relating to traffic, noise, air quality, or water quality. Section 4. Conditions. That Community Development Director of the City of Temecula hereby approves Planning Application PA14-0175, a Development Plan to construct a 7,303 square foot building to be used for tire retail and repair, as well as minor auto repair services, located at the southwest corner of Ynez Road and DLR Drive, and making a finding of exemption under the California Environmental Quality Act (CEQA) (APN 921-730-071), 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 18th day of August, 2016. o ats Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No.16-07 was duly and regularly adopted by the Community Development Director of the City of Temecula at a regular meeting thereof held on the 18th day of August, 2016. 'J Denise acobo, Se ary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA14-0187 Project Description: A Conditional Use Permit application for American Tire Depot to construct a 7,303 square foot building to be used for tire retail and repair, as well as minor auto repair services, located at the southwest corner of Ynez Road and DLR Drive. (Associated with PA14-0175) Assessor's Parcel No.: 921-730-071 MSHCP Category: Commercial DIF Category: Service Commercial TUMF Category: Service Commercial Quimby Category: N/A(Commercial Project) Approval Date: August 18, 2016 Expiration Date: August 18, 2018 PLANNING DIVISION General Requirements 1. 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 and its attorneys 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. Use means 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 three 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. 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 7. Statement of Operations. The applicant shall comply with their Statement of Operations on file with the Planning Division, unless superseded by these Conditions of Approval. 8. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 9. 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.