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HomeMy WebLinkAbout06_018 DH Resolution DH RESOLUTION NO. 06-018 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0183 A MINOR CONDITIONAL USE PERMIT TO ESTABLISH AN AUTO BROKERAGE INSIDE AN EXISTING USA FEDERAL CREDIT UNION Section 1. Lynne Crother, for Autoland, filed Planning Application No. PA06-0183, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. Planning Application No. PA06-0183 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. Section 3. The Planning Director, at a regular meeting, considered Planning Application No; PA06-0183 on August 17, 2006, 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. Section 4. At the conclusion of the Director Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA06-0183 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA06- 0183 conformed to the City of Temecula General Plan, Development Code and Temecula Regional Center Specific Plan. Section 5. Findinas. The Planning Director, in approving Planning Application No. PA06-0183 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 proposal to allow for Autoland to establish their consulting service inside the existing USA Federal Credit Union facility is consistent with the Community Commercial (CC) land use designation and policies reflected in the City of Temecula General Plan, as well as the development standards fo(; the Community Commercial zone (CC) contained within the City of Temecula Development Code. Therefore, staff has determined that the site is properly planned and zoned and found to be physically suitable for the proposed use. 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 adjacent land uses as defined in the City of Temecula General Plan. Staff has reviewed the proposed use against the adjacent land uses and has determined that the proposed use will be consistent with surrounding uses. The area in which Autoland is proposed to be located has a rich mix of commercial uses which include a variety of retail uses, as well as multiple restaurant uses and eating establishments. Additionally, staff believes that the proposed use will not adversely impact any of the surrounding properties because the use will occur within an existing building in which the financial institution, USA Federal Credit Union, presently G:\PIanning\2006\PA06-0183 Autoland Miuor CUPlPlanninglDH RESOLUTION.doc 1 operates. The establishment of Autoland consulting services is thought to be a related and ancillary use to that of the USA Federal Credit Union and is not expected to have any negative impacts on surrounding properties in the immediate vicinity. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parks and loading facilities, buffer areas, landscaping and other developmenUeatures prescribed in the Development Code and required by the Planning Director or Planning Commission in order to integrate the use with other uses in the neighborhood; Staff has reviewed the proposed project to determine co.nsistency with the Development Code, as well as the Temecula Regional Center Specific Plan, and has found that the proposed project meets all of the applicable requirements as stated above. The proposed land use will not have an adverse affect on the existing yard, parking, loading, landscaping and other development features required by the Development Code and the Temecula Regional Center Specific Plan, as the proposed use is a related and secondary use that will be established in conjunction with a presently existing use, in an existing building. D. The nature of the proposed use is not detrimental to the health, safety and general welfare of those living within the community; The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. Autoland will be established inside an existing building and its operations are not anticipated to have any negative impacts on the health, safety and general welfare of the community. Section 6. Environmental Compliance. The proposed project is categorically exempt from environmental review (Class 1 - Existing Facilities) pursuant to Section 15301 of the California Environmental Quality Act Guidelines. Section 7. Conditions. That the City of Temecula Director of Planning hereby approves Planning Application No. PA06-0183 a Minor Conditional Use Permit, located at 41273 Ynez Road, known as Assessors Parcel No. 921-830-004, subject to the Conditions of Approval as set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary.' Section 8. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 17th day of August, 2006. "i).th~-<'U~ f1~ . Debbie Ubnoske, Director of Planning I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 06-018 was duly and regularly adopted by the Director of Planning of the City of T emecula at a regular meeting thereof held on the 17th day of August, 2006. a,\Planningl2006\PA06-0l83 AutoJand Minor CUP\P1anniugIDH RESOLUTION.doc 2 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\Planning\2006\PA06-0183 Autoland Minor CUFlPlanningIDH RESOLUTION.doc 3 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA06-0183 Project Description: A Minor Conditional Use Permit to establish an auto brokerage at an existing USA Federal Credit Union facility located at 41273 Margarita Road Assessor's Parcel No. 921-830-004: Expiration Date: August 17, 2006 August 17, 2008 Approval Date: PLANNING DEPARTMENT Within 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 21152 and California Code of Regulations Section 15062. If within said 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. 3. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. G:\Planning\2006\PA06-0183 Auloland Minor CUPlPlanninglFinal COAs.CUP.doc1 4. 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. 5. The Director of Planning may, upon an application being filed within 30 days prior to expiration and for good cause, grant a time extension of up to 3, one-year extensions of time, one year at a time. 6. The applicant shall comply with their Statement of Operations contained on file with the Planning Department, unless superseded by these Conditions of Approval. 7. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's . Development Code. 8. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 9. Regular hours of operation shall be Monday through Friday from 10:00 a.m. to 6:00 p.m., and Saturdays from 9:00 a.m. to 3:00 p.m. By placing my signature below, I confirm that I have read, I understand and I 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. Applicant's Signature Date .1 Applicant's Printed Name G:\Planning\2006\PA06-0183 Autoland Minor CUPlPlanninglFinal COAs.CUP.doc2