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HomeMy WebLinkAbout04_002 DH Resolution DH RESOLUTION NO. 2004-002 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0654, A MINOR CONDITIONAL USE PERMIT FOR THE SALE OF USED AUTOMOBILES FROM A 430 SQUARE FOOT SHOWROOM SITUATED WITHIN A 1,500 SQUARE FOOT SUITE OF AN EXISTING LIGHT INDUSTRIAL BUILDING, LOCATED AT 43122 VIA DOS PICOS, #C, GENERALLY LOCATED ON THE SOUTH SIDE OF VIA DOS PICOS, APPROXIMATELY 400 FEET WEST OF DIAZ ROAD, KNOWN AS ASSESSOR PARCEL NO. 921-040-013 WHEREAS, Salim Purmul, filed Planning Application No. PA03-0654, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA03-0654 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Director, at a regular meeting, considered Planning Application No. PA03-0654 on January 15, 2004, 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; WHEREAS, at the conclusion of the Planning Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA03- 0654 subject to the conditions of approval after finding that the project proposed in Planning Application No. PA03-0654 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinas. The Planning Director, in approving Planning Application No. PA03-0654 (Minor Conditional Use Permit) hereby makes the following findings as required by Section 17.04.010.E of the Temecula Municipal Code: A. The proposed conditional use is consistent with the general plan and the development code. 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 Business Park, which allows for used automobile dealers with no outdoor display provided a conditional use permit is issued and the parking is consistent with the required demand. The number of parking spaces existing on the site meets the parking required for the existing and proposed tenants together. Therefore, the project is consistent with the parking standards within the development code. P,IPLANNINGIDIRHEARIResolutions\2004IDH Reso 04-002.doc 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, including parking. Furthermore, a variety of automotive related uses exist in the vicinity of the site, which make the proposed use compatible with and complimentary to many of the existing uses surrounding the site. 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 site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscape and other development features prescribed in the development code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood because the project site is currently existing and developed and the proposed use does not propose any additions or exterior alterations to the existing building site. The proposed parking demand does not exceed to existing parking spaces. Therefore, the site is adequate for the proposed use. D. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the 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 to purchase used cars within the community and the project site is adequate for the size and scope of the project. Section 3. Environmental Compliance. The project is eligible for categorical exemption (Class 1 - Existing Facilities) pursuant to section 15301 of the California Environmental Quality Act. Class 1 applies to minor alteration of existing structures that involve negligible or no expansion of use. Section 4. Conditions. That the City of Temecula Director of Planning hereby conditionally approves Planning Application No. PA03-0654 (Minor Conditional Use Permit) to operate a used car showroom within an existing multi-tenant industrial building located at 43112 Via Dos Picos, #C, generally located on the south side of Via Dos Picos, approximately 400 feet west of Diaz Road, known as Assessor Parcel No. 921-040-013, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. P,IPLANNINGIDIRHEARIResolutions\2004\DH Reso 04-002.doc Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 15th day of January 2004. I, ynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 2004-002 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 15th day of January 2004. PWLANNINGIDIRHEARIResolutions\2004IDH Reso 04-002.doc EXHIBIT A CONDITIONS OF APPROVAL P,\PLANNINGIDIRHEARIResolutions\2004\DH Reso 04-002.doc EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA03-0654 (Minor Conditional Use Permit) Project Description: The use hereby permitted is for the sale of used automobiles from a showroom to be located within an existing multi-tenant industrial building at 43112 Via Dos Picos, #C. DIF Category: NIA (existing building) Assessor's Parcel No.: 921-040-013 Approval Date: January 15, 2004 Expiration Date: January 15, 2006 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements 2. 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. P,\PLANNINGIDIRHEARIResolutions\2004IDH Reso 04-002.doc 7. 8. 9. 11. 12. 13. 14. 3. The applicant shall sign two copies of the final conditions of approval that will be provided by the Planning Department and return one signed copy to the Planning Department for their files. 4. Within two years of approval of this permit, commencement of the use shall have occurred or the approval shall be subject to expiration. 5. If commencement of the use has not occurred within two years of approval of this permit, the permittee may, prior to the expiration of the conditional use permit, apply for up to three one-year extensions of time. Each extension of time shall be granted in one-year increments only. 6. The city, and its planning director, 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 the business, a change in scope, emphasis, size or 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 planning director, planning commission, and city council is in addition to, and not lieu of, the right of the city, its director of planning, planning commission, and city council to review and 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. This permit allows for a two (2) car indoor showroom for used automobiles. No outdoor display of vehicles for sale is permitted on the site. All vehicles must be maintained inside the building at all times. Outdoor storage of vehicles for sale is strictly prohibited. 10. This permit does not allow for signs for the used automobile sales business. Any signs for this business will require a separate permit. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. The applicant is responsible for obtaining a City Business license for the automobile sales business, independent of the existing Stop "N" Smog business. The applicant is responsible for obtaining all required DMV and/or State of California permits required for the sale of automobiles prior to the commencement of the project. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING & SAFETY DEPARTMENT 15. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; P,\PLANNINGIDIRHEARIResolutions\2004\DH Reso 04-002.doc 17. 18. 19. 20. 21. 22. 23. California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 16. If ex1erior lighting modifications are proposed, at time of plan review submit a complete ex1erior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. For any work proposed requiring a building permit, obtain all building plans and permit approvals prior to commencement of any construction work. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1,1998) Restroom fix1ures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. As applicable, provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. As applicable, provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. As applicable, provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays FIRE DEPARTMENT 24. 25. 26. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications. (CFC art.87 et al) The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix liLA, Table A-III-A-1. The P,\PLANNINGlDIRHEARlResolutions\2004\DH Reso 04-002.doc 27. 28. 29. 30. 31. 32. 33. applicant shall provide at time of plan review a copy of the original conditions of approval showing the originally required fire flow, AND a current fire flow test meeting those standards. If the applicant is unable to provide the original conditions of approval this project will be required to provide a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure, 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. The applicant shall provide at time of plan review a copy of the original conditions of approval showing the original hydrant specifications and spacing, and demonstrate compliance with those conditions. If the applicant is unable to provide those original conditions A combination of on-site and off-site super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. 1 Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) During building construction, all locations where structures are to be built or altered shall maintain approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have four (4) inch letters and lor numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) P,\PLANNINGIDIRHEARIResolutions\2004IDH Reso 04-002.doc 34. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. Special Conditions 35. 36. 37. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications. By placing my signature below, I confirm that I have read, understand and accept all the above- mentioned Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Date Applicant Printed Name Applicants Signature P,\PLANNINGIDIRHEARIResolutions\2004IDH Reso 04-002.doc