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013020 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 January 30, 2020 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 Next in Order: DH Resolution: 20-01 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: ADJOURNMENT 1:30 PM PA19-1340 Conditional Use Permit Dorsa's Auto Sale CUP Borhan Jangi A Conditional Use Permit to allow for a used automobile sales with indoor display of up to six (6) vehicles within the industrial suite of the property. 43154 Via Dos Picos, Suite A Section 15301, Class 1, Existing Facilities Jaime Cardenas, Case Planner NOTICE TO THE PUBLIC The agenda packet (including staffreports) 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.gov — 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 ofthe 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.gov — and will be available for public viewing at the respective meeting. I fyou 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. STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING TO: Luke Watson, Director of Community Development FROM: Jaime Cardenas, Planning Technician DATE OF MEETING: January 30, 2020 PREPARED BY: Jaime Cardenas, Case Planner PROJECT SUMMARY: Planning Application Number PA19-1340, Dorsa's Auto Sale CUP, a Conditional Use Permit to allow for used automobile sales with indoor display of up to six (6) vehicles within the industrial suite of the property located at 43154 Via Dos Picos, Suite A. RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1 PROJECT DATA SUMMARY Name of Applicant: I3orhan Jangi General Ilan Designation: Industrial Park (IP) Zoning Designation: Light Industrial (LI) Existing Conditions/ Land Use: Lot Area: Site: Auto Repair and Service/ Light Industrial (LI) North: Auto Repair and Service/ Light Industrial (LI) South: Auto Repair and Service/ Light Industrial (LI) East: Auto Repair and Service/ Light Industrial (LI) West: Auto Repair and Service/ Light Industrial (LI) Existing/Proposed Min/Max Allowable or Required 21,780 Square Feet 40,000 Square Feet Minimum Total Floor Area/Ratio: N/A (No New Addition) .4 FAR Maximum Landscape Area/Coverage: N/A (No Landscaping 20% Modifications) Parking Provided/Required: 16 Total Spaces Provided 14 Spaces Required AFFORDABLE HOUSING Located in Affordable Housing Overlay Zone (AHOZ)? ❑ Yes ® No AHOZ Gain/Loss: +/- Not Applicable BACKGROUND SUMMARY On October 9, 2019, Borhan Jangi, on behalf of Dorsa's Auto Sales, submitted Planning Application PA19-1340 to allow for auto sales and storage 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 Planning Application No. PA19-1340 is a request for a Conditional Use Permit by Borhan Jangi to operate an indoor used car dealership at 43154 Via Dos Picos. The indoor used car dealership will function inside a 2,000 square foot section of an existing 8,000 square foot multi -tenant industrial building. 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 Conditional Use Permit. The proposed Conditional Use Permit will not add any square footage or make alterations to the exterior of the building. The proposed Conditional Use Permit would permit the owner to operate between 10:00 a.m. to 4:00 pm Monday through Saturday. 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. With most cars taking approximately 200 square feet of indoor space, the applicant could store a maximum of six (6) cars within the existing facility. Per Table 17.24.040 of the Temecula Development Code, fourteen (14) parking spaces are required forall of the uses (office, automotive services, and warehouse spaces) operating within the building. There are currently sixteen (16) parking spaces on -site. X:\Planning\2019\PA19-1340 Dorsa Auto Sale CUP\Planning\Director's Hearing LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the SD Union Tribune on January 16, 2020 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. The proposed use will be 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. Conditions of Approval have been implemented to ensure the project does not cause adverse impacts to the surrounding area. FINDINGS Conditional Use Permits (17.04.01 O.E) The proposed conditional use is consistent with the General Plan and the Development Code. The business will operate as a car dealership with vehicle storage. This 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 may accommodate 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 car sales and indoor storage of inventory 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 X:\Planning\20191PA19-1340 Dorsa Auto Sale CUP\Planning\Director's Hearing 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: 1. Aerial Map 2. Plan Reductions and Site Photos 3. Director's Hearing Resolution 4. Draft Conditions of Approval 5. Notice of Public Hearing X:\Planning\2019\PA19-1340 Dorsa Auto Sale CUP\Planning\Director's Hearing 921-040-014 CITY OF TEMECULA PA19-1340 1 inch = 200 feet 1:2.400 0 200 Date Created: 12/26/2019 400 Feet t 1 The map PAI9-1340.mxd is maintained by City of Temecula GIS. Data and information represented on tits map are subject to update and modification. The City of Temecula assumes no warranty or legs' responsibiity for the information contained on this map. This map Is not for reprint or resale. Visit the City of Temecula GIS online at https irtemeculaca gov/gis Site Plan 61re. p;.\ Su61£,. i i:'c1 .:., r •may, DoKSA • .,11 a A. f, • � l . ._ / A . - •,.y • r L ••• ,. a v••• • ,..••' I .. i • •1 I Floor s&c-tion 1 via t S picos a i+ N t3xtT F,+ • sw1;,1 f} Y CL E 16 +-1 0 ItJ //7 77' HaM do cqp Pow Icy n -r�-44 r , •••10 I 5p 4-fo pc,trkCT- 51:4- +apcArK Cca1 it+S� yra Dos p,coS 4ir A 5 Oc-t 17nr k' Cr(! +3xt7 Fi 1 pt - (C r^ t Cd4 Skein et' rJpIYKi K1 ,s ) •-V- - - - rt lam. — PC{(K j � F DH RESOLUTION NO. 20-01 A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA19-1340, A CONDITIONAL USE PERMIT TO ALLOW FOR USED AUTOMOBILE SALES WITH INDOOR DISPLAY OF UP TO SIX VEHICLES WITHIN THE INDUSTRIAL SUITE OF THE PROPERTY LOCATED AT 43154 VIA DOS PICOS, SUITE A, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-040-014) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On October 9, 2019, Borhan Jangi on behalf of the Owner, filed Planning Application No. PA19-1340, 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 January 30, 2020, 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. PA19- 1340 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA19-1340, 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. PA19-1340, hereby makes the following findings as required by Development Code Section 17.04.010 (Conditional Use Permits). Code. A. The proposed use is in conformance with the General Plan and the Development The business will operate as a car dealership with vehicle storage. This 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 may accommodate 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 planning commission or council in order to integrate the use with other uses in the neighborhood. The application will allow for car sales and indoor storage of inventory 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 project has been reviewed to ensure consistency with the Development, Building, and Fire Codes. These codes contain provisions designed to ensure projects are not 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 planning director, planning commission, or city council on appeal. The decision to conditionally approve the application has been reviewed a whole before the Planning 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 proposed use will be 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. Conditions of Approval have been implemented to ensure the project does not cause adverse impacts to the surrounding area. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA19-1340, a Conditional Use Permit to allow for used automobile sales with indoor display of up to six (6) vehicles within the industrial suite of the property located at 43154 Via Dos Picos, Suite A, 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 30th day of January, 2020 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. 20-01 was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 30th day of January, 2020 Denise Jacobo, Secretary Planning Application No.: Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In -lieu of Fee: Approval Date: Expiration Date: PLANNING DIVISION EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA19-1340 Dorsa's Auto Sale CUP: a Conditional Use Permit to allow for used automobile sales with indoor display of up to six (6) vehicles within the industrial suite of the property located at 43154 Via Dos Picos, Suite A. 921-040-014 N/A (No New Square Footage/ Grading) N/A (No New Square Footage) N/A (No New Square Footage) N/A (Not a Residential Project) N/A (Not Located Within the Uptown Temecula Specific Plan) January 30, 2020 January 30, 2022 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. Expiration. This approval shall be used within (###one, two, or three years - choose one###) of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the (one, two, or three year - choose one) 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. A modification made to an approved development plan does not affect the original approval date of a development plan. 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. Signage Permits. A separate building permit shall be required for all signage. 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 October 9, 2019, 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. 10. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 11. 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. 12. Sale, Storage, and Display of Vehicles. The sale, storage, and display of vehicles shall only occur inside the —1,745 SF storage area in the building located at 43154 Via Dos Picos, Suite A. Vehicles being sold, stored, or displayed shall not be in parking stalls, landscaped areas, or in the public right of way. 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 Parking. The applicant shall ensure that there is an adequate number of on site 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 business shall be placed on private property, consistent with Chapter 17.28 of the Temecula Municipal Code. 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. FIRE PREVENTION General Requirements 17. Fire Requirement. Each vehicle stored in the building will need to have no more than one quarter (1/4) of a tank of gas. Each battery will need to be disconnected while the vehicle is stored inside. Chapter 3, California Fire Code. 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: CASE NO: PA19-1340 APPLICANT: Borhan Jangi PROPOSAL: A Conditional Use Permit to allow for used automobile sales with indoor display of up to six (6) vehicles within the building of the property located at 43154 Via Dos Picos, Suite A. 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: Jaime Cardenas, (951) 240-4215 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Great Oak Room DATE OF HEARING: January 30, 2020 TIME OF HEARING: 1:30 p.m. Notice of Public Hearing 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. iov 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.gov — 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. C WSERS,DENISE JACOBOMPPDATAV.00ALWICROSOFTININDOVISYNETGCNEYCONTENT.aJTLOOMRYWIDOMPAIP13 0 NOPN DOC%