Init _____
DRAFT
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT (CUP) 2024-00028
JULY 24, 2024
The project approval is issued to MTA Tire (MTA Tire ) for a Development Plan Permit and Conditional Use Permit to build and operate a 4,995 s quare-foot tire shop with six bays, associated parking, landscaping, and a trash enclosure. The project is located on a vacant parcel (APN: 910-490-015) east of Madison Avenue and south of Murrieta Hot Springs Road. This permit for the use type for Repair and Maintenance, Motor Vehicles, runs with the land and shall be binding upon the ow ner of the subject property (“ Permittee/Owner”) and all subsequent successors in interest to the Permittee/Owner as to such land.
PLANNING DIVISION
1. The permittee/owner shall defend (with attorneys approved by the City), indemnify and hold harmless the City of Murrieta, its agents, officers, and employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this approval of Conditional Use Permit (CUP-2024- 00028). The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully in the defense.
2. This permit shall be effective on the eleventh (11th) day (“Effective Date”) after the date of the decision by the Planning Commission unless appealed to the City Council.
3. Any fees due the City of Murrieta for processing this project shall be paid to the City within thirty (30) calendar days of effective date of this approval (“Effective Date”). Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted. No permits, site work, or other actions authorized by this action shall be processed by the City, nor permitted, authorized or commenced until all outstanding fees are paid to the City.
4. Pursuant to Section 711.4 of the State of California Fish and Game Code, the Permittee/Owner is required to pay a $50.00 handling fee. Said fee shall be paid to the Clerk/Recorder of the County of Riverside at the time the Notice of Exemption (NOE) is filed pursuant to Section 21152 of the Public Resources Code, with the intent of having the NOE recorded within five (5) days of project approval. In order to comply with State mandated timelines for filing of a NOE, the applicant shall file the NOE electronic ally to the Riverside County Clerk/Recorder’s Office. Failure to remit the required fee in full within the time specified above will result in a delay of the start of the 180 day statute of limitations (SOL) on Court challenges to the approval under CEQA, whereas recordation of the NOE within five (5) days of project approval limits the SOL to 35 days.
5. The project shall be developed in conformance with all approved exhibits date stamped June 14, 2024. Subsequent modifications of this approval, which do not intensify the use, including but not limited to the reorientation of structures, alteration of parking and circulation design, minor changes to the Conditions of Approval, interpretations of the Conditions of Approval relative to intent, the necessity of, and the timing, may be approved
Draft Conditions of Approval
CUP-2024-00028
July 24, 2024
by the Director, unless the Director requires a Substantial Conformance or Revised Permit application in accordance with the Development Code. Materials and colors used in the construction of the building shall be in compliance with those approved with thi s application.
6. The use and development of these premises shall comply with the standards of the Murrieta Development Code (“MDC”) and all other applicable State and Federal codes.
7. Any proposed change substantially different from the approved plans shall require an amendment to this approval in accordance with the MDC. The permit shall run with the land and be binding on all successors in interest to the Property.
8. In the event the use hereby permitted under this permit is: (a) found to be in violation of the terms and conditions of this permit; (b) found to have been obtained by fraud or perjured testimony; or (c) found to be detrimental to the public health, safety or general welfare, or public nuisance; this permit shall be subject to the revocation procedures in Section 16.82 of the Development Code.
9. The Permittee/Owner shall obtain approval of all necessary plans for the construction of structures on the subject property in accordance with the Murrieta Development Code.
Such plans include, but are not limited to, site plans, floor plans, building elev ations, grading plans and landscape plans.
10. This approval/use shall be used within three (3) years of the approval date. Otherwise, it shall become null and void and of no effect whatsoever. “Used,” means implementation of the authorized use, in its entirety, in accordance with these conditions of approval.
11. Prior to the expiration of the approval, the Permittee/Owner may request an extension of time in which to use this approval in accordance with Murrieta Development Code Section
16.80.060.
12. The project conditionally permitted with this application is for a Repair and Maintenance, Motor Vehicles use. The business shall be operated in compliance with the statement of operations (attached to Resolution 2024-XXXX, Exhibit C, and incorporated herein by this reference).
13. The use shall be considered to have expired if the use for which this Conditional Use Permit was granted has ceased or was suspended for at least 180 successive days, in accordance with Development Code Section 16.52.060.H.
14. The Permittee/Owner shall pay all applicable impact and/or mitigation fees or provide proof that all required fees have been paid in accordance with City policies and ordinances in effect at the time of permit issuance.
Draft Conditions of Approval
CUP-2024-00028
July 24, 2024
15. In the event the use hereby permitted under this permit is: (a) found to be in violation of the terms and conditions of this permit; (b) found to have been obtained by fraud or perjured testimony; or (c) found to be detrimental to the public health, safety or general welfare, or a public nuisance; this permit shall be subject to the revocation procedures in Chapter 16.82 of the Development Code.
16. The Permittee/Owner shall obtain approval of all necessary plans for the construction of structures on the subject property in accordance with the Murrieta Development Code.
Such plans include, but are not limited to floor plans and elevations, grading plans, and landscaping plans.
17. At all times during the conduct of the use(s) allowed by this permit, the use(s) shall maintain and keep in effect valid licensing from appropriate local, state and/or federal agencies as required by law. Should such required licensing be denied, expire o r lapse at any time in the future, this permit shall become null and void.
Project Specific:
18. The general automotive repair and tire business's hours of operation are 8:00 a.m. to 6:00 p.m. on weekdays and 8:00 a.m. to 5:00 p.m. on Saturdays.
19. All vehicles parked in the parking lot shall be in operable condition. At no time shall a vehicle be left parked in the parking lot beyond normal business hours.
20. The project site shall be the point -of-sale for the purposes of collecting any sales tax on goods that are sold, delivered, or rented on the site, including online sales.
21. The project shall utilize the same or equivalent equipment identified in the Noise Study dated April 9, 2024. If the operator chooses to use alternate equipment, a revised noise letter shall be submitted to the City and reviewed prior to permit issuance. The project shall comply with the provisions pertaining to noise as stated in Section 16.30 of the City of Murrieta Development Code.
22. Unless otherwise indicated, all conditions, mitigation measures, and other requirements shall be fully constructed and implemented prior to the final inspection of the building and/or site improvements.
23. No signs are approved pursuant to this project approval. Prior to the installation of any on- site advertising or directional signs, a sign permit shall be submitted to and approved by the Planning Division pursuant to the requirements of Chapter 16.38 of the Development Code.
24. Outside storage is not approved/permitted as part of this Project.
Draft Conditions of Approval
CUP-2024-00028
July 24, 2024
Final Inspection:
25. Unless otherwise indicated, all conditions shall be fully constructed and implemented prior to the final inspection of the building and/or site improvements.
END OF CONDITIONS
The undersigned, as the individual(s) with legal authority to fully represent the above-referenced project, concur with the inclusion of the above -listed amendments as the conditions of approval of the referenced project (CUP-2024-00028), in addition to the previously approved conditions of approval. If the applicant/representative does not concur with the above conditions of approval, please contact the project planner to further discuss.
Signature: ______________________________ Date: ____/____/____
Print Name and Title: _________________________ ________________________