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032119 DH AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING MEETING March 21, 2019 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 Next in Order: DH Resolution: 19-02 CALL TO ORDER: Luke Watson, 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 may 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 Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: 1:30 PM PA18-1576 Conditional Use Permit Destination Motors CUP Dmitriy Isayev, on Behalf of Destination Motors A Conditional Use Permit to allow automobile sales with indoor display of vehicles at the property. 43214 Blackdeer Loop Section 15301, Class 1, Existing Facilities Eric Jones, Case Planner 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 — TemeculaCA.qov — and will be available for public viewing at the respective meeting. Any petition for judicial review of a decision of the Community Development Director shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Community Development Director shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. 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 website — TemeculaCA.qov — 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 Community Development Department at the Temecula Civic Center, (951) 694-6400. ITE` -1 1 STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: March 21, 2019 TO: Luke Watson, Director of Community Development PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application Number PA18-1576, a Conditional Use Permit to SUMMARY: allow automobile sales with indoor display of vehicles at the property located at 43214 Blackdeer Loop 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: Dmitriy Isayev, on Behalf of Destination Motors General Plan Industrial Park (IP) Designation: Zoning Designation: Light Industrial (LI) Existing Conditions/ Land Use: Site: Existing Industrial Building / Industrial Park (IP) North: Vacant Lot / Industrial Park (IP) South: Existing Industrial Buildings / Industrial Park (IP) East: Existing Industrial Building / Industrial Park (IP) West: Existing Rancho Water Facility / Industrial Park (IP) Lot Area: Total Floor Area/Ratio: Existinq/Proposed Min/Max Allowable or Required 2.57 Acres 0.92 Acres N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: 33 Spaces Provided 5 Spaces Required BACKGROUND SUMMARY On November 26, 2018, Dmitriy Isayev, on behalf of Destination Motors, submitted Planning Application PA18-1576, a Conditional Use Permit, to allow for used car sales within an existing industrial building. 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 The proposed Conditional Use Permit (CUP) will allow a used automobile sales business to be operated out of an existing building located within a Light Industrial zoning district. The inventory will be comprised of approximately fifteen to twenty vehicles. Hours of operation during the summer will be between 10:00 A.M. and 7:00 P.M. Monday through Sunday. Winter hours will be between 10:00 A.M. and 5:00 P.M. Monday through Sunday. Per the City of Temecula Development Code (Table 17.08.030), automobile sales with only indoor display and storage of vehicles are permitted in the Light Industrial (LI) zone upon the approval of a Conditional Use Permit. The building will be shared with existing businesses. In addition, no modifications to the structure or site are proposed as part of the application. The City of Temecula Development Code provides parking requirements in Table 17.24.040. Per this Table, five parking spaces are required for the office and warehouse space of the business. There are currently thirty-three parking spaces on-site. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on March 7, 2019 and mailed to the property owners within the required 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 proposed use is located within an existing industrial building and is permitted upon the approval of a Conditional Use Permit. The structure can already accommodate the use. No modifications to the site or structure are needed in order for the use to operate. FINDINGS Conditional Use Permits (17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. The business will operate as a car dealership. The proposed conditional use is consistent with the City of Temecula General Plan and Development Code, which label the project site as Industrial Park (IP) and Light Industrial (LI) respectively. The General Plan and Development Code allow for the sale and storage of automobiles at the project site upon the approval of a Conditional Use Permit. 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 conditional use will be located within an existing structure within a Light Industrial (LI) zone. As conditioned, 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 surrounding area includes similar uses and the building is designed for the use. 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 this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. The application will allow for an automobile sales business within an existing industrial building. No modifications to the structure or site are proposed. Since the site and proposed conditional use are consistent with the General Plan and Development Code requirements, the project site is adequate to accommodate the proposed use as required by the Director of Community Development 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 use as conditioned meets all requirements of the Development, Fire, and Building Codes. These codes contain provisions designed to ensure for the protection of the health, safety, and general welfare of the community. 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 Director, 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. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Notice of Public Hearing VICINITY MAP 921-030-011 CITY OF T E M E C U LA PA18-1576 • �F. Co\ ,cam 0 ef\ Project Site 1 inch = 400 feet 1:4,800 0 200 400 Feet 1 1 1 Date Created: 2/22/2019 33 The map PA16-1576.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis i ha heart 01 South60 C:.tlitvma Wine Country PLAN REDUCTIONS ,19 { )40 I le r C.,3. C1Dt (sde41 u 2- uu 1 a G� 1 I 0 CAN ^ E n1rt 9-a,‘c Des* f toN 0109>), t rJ 02.1kik a ac'4--Q2- i00 (4 tl 3 IN) • lk l 1rw' -wl PS 4 115-122 .(F • gigutt �+Cr ia� Au.�a� if DRAFT DIRECTOR'S HEARING RESOLUTION DH RESOLUTION NO. 19- A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-1576, A CONDITIONAL USE PERMIT TO ALLOW AUTOMOBILE SALES WITH INDOOR DISPLAY OF VEHICLES AT THE PROPERTY LOCATED AT 43214 BLACKDEER LOOP, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-030-011) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On November 26, 2018, Dmitriy Isayev, on behalf of Destination Motors, filed Planning Application No. PA18-1576, 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 March 21, 2019, 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. PA18-1576 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA18-1576, conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA18-1576, hereby makes the following findings as required by Development Code Section 17.04.010 (Conditional Use Permits). A. The proposed use is in conformance with the General Plan and the Development Code; The business will operate as a car dealership. The proposed conditional use is consistent with the City of Temecula General Plan and Development Code, which label the project site as Industrial Park (IP) and Light Industrial (LI) respectively. The General Plan and Development Code allow for the sale and storage of automobiles at the project site upon the approval of a Conditional Use Permit. 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 conditional use will be located within an existing structure within a Light Industrial (LI) zone. As conditioned, 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 surrounding area includes similar uses and the building is designed for the use. 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 this Development Code and required by the Director of Community Development, Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The application will allow for an automobile sales business within an existing industrial building. No modifications to the structure or site are proposed. Since the site and proposed conditional use are consistent with the General Plan and Development Code requirements, the project site is adequate to accommodate the proposed use as required by the Director of Community Development 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 use as conditioned meets all requirements of the Development, Fire, and Building Codes. These codes contain provisions designed to ensure for the protection of 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 planning director, 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. 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 proposed use is located within an existing industrial building and is permitted upon the approval of a Conditional Use Permit. The structure can already accommodate the use. No modifications to the site or structure are needed in order for the use to operate. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA18-1576, a Conditional Use Permit to allow automobile sales with indoor display of vehicles at the property located at 43214 Blackdeer Loop, 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 21st day of March, 2019 Luke Watson Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 19-02 was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 21st day of March, 2019. Denise Jacobo, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA18-1576 Project Description: Destination Motors: a Conditional Use Permit to allow automobile sales with indoor display of vehicle at the property located at 43214 Blackdeer Loop Assessor's Parcel No.: 921-030-011 MSHCP Category: N/A (No New Square Footage or Grading) DIF Category: N/A (No New Square Footage) TUMF Category: N/A (No New Square Footage) Quimby Category: N/A (Non -Residential Project) New Street In -lieu of Fee: N/A (Not Located within the Uptown Temecula Specific Plan) Approval Date: March 21, 2019 Expiration Date: March 21, 2021 PLANNING DIVISION Within 48 Hours of the Approval 1. 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 2. 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. 3. 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. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five 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. 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. 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. 7 Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. Statement of Operations. The applicant shall comply with their Statement of Operations dated November 15, 2018, on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 9. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 10. 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 11. Signs. Signs advertising the business shall be placed on private property. 12. No Usage of Public Right -of -Way. All activity shall occur on private property; no activity shall be allowed within the public right-of-way. BUILDING AND SAFETY DIVISION General Requirements 13. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building plans are reviewed and submitted to Building and Safety. 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. If not doing a tenant improvement, disregard comment. 14. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code,2016 California Energy Codes, 2016 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. 15. ADA Access. Provide details of all applicable disabled access provisions and building setbacks on the plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entry. c. Path of accessibility from parking to furthest point of improvement. 16. Obtain Approvals and Permits. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 17. 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. 18. Non -construction C of O. A non -construction Certificate of Occupancy shall be required prior to the release of the tenant space for operation. FIRE PREVENTION General Requirements 19. Fire Requirement. Fire extinguishers will be required every 75 -feet. A 2A10BC type extinguishers are required. 20. Fire Requirement. Each vehicle can have no more than 5 gallons of gas in it. Absolutely no refueling of any vehicle will occur inside the building. Prior to Issuance of Certificate of Occupancy 21. 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). POLICE DEPARTMENT General Requirements 22. Alarm System. All buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. 23. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. STATEMENT OF OPERATIONS DESTFNATI ON MOTORS - Destination Motors, Inc 26111 Ynez Road Ste B-27 Temecula, CA 92591 951-404-8982 Office Destinationmotors@yahoo.com DetinationMotorsInc. com 11/15/2018 STATEMENT OF OPERATIONS Destination Motors, Inc. is a used car dealership, opened on 7/01/2017 in Temecula, CA. We are looking to move our business into new, bigger building- 43214 Blackdeer Loop Ste 113 and 114, Temecula Ca. This building has 4,224 SF. We will be storing our cars inside the warehouse. It will fit between 15-20 cars. We will have all the advertising done online. Once we set appointments customers will come in to look at specific cars. We will have 2 offices to process paperwork with clients. We will be open from 10am to 7prn during summer and from 10am to Spm during winter hours. We will have from 1 to 2 employees at the office. We will have about 5 customers per day. The building total has 113 parking spaces plus multiple Disabled parking spaces. No food or alcohol ill be served at the business. No live entertainment will be provided. riy Isayev Destination Motors, Inc. Work (951) 404-8982, cell (951) 750-4049 NOTICE OF PUBLIC HEARING CASE NO: PROPOSAL: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula DIRECTOR OF COMMUNITY DEVELOPMENT to consider the matter described below: PA18-1576 APPLICANT: Dmitriy Isayev A Conditional Use Permit to allow automobile sales with indoor display of vehicles at the property located at 43214 Blackdeer Loop 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, Class 1, Existing Facilities) CASE PLANNER: Eric Jones, (951) 506-5115 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Great Oak Room DATE OF HEARING: March 21, 2019 TIME OF HEARING: 1:30 p.m. A� ,c4 ,� yaQQ o ri./' #1"' % Project Site 6 a®4\*4 /41* A' :,� 500 1.000 Feet \ *'� A tk The complete agenda packet (including any supplemental materials) 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 of Community Development Meeting. At that time, the packet may also be accessed on the City's website — TemeculaCA.qov and will be available for public review at the respective meeting. Any writing distributed to the Director 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 — TemeculaCA.qov — and will be available for public review at the meeting. Any petition for judicial review of a decision of the Director of Community Development shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Director of Community Development shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400.