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HomeMy WebLinkAbout19-05 DH ResolutionDH RESOLUTION NO. 19-05 A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA19-0868, A MODIFICATION FOR THE INSTALLATION OF A PLAYGROUND, RELOCATION OF A TRASH ENCLOSURE, INSTALLATION OF SAFETY FENCING, A NEW 48" HIGH WALL AROUND RE -LOCATED ELECTRICAL TRANSFORMERS, AND THE MODIFICATION OF EXISTING STOREFRONT WINDOWS TO ACCOMMODATE STOREFRONT DOORS FOR EXITING PURPOSES; AND PA19-0867 A MINOR EXCEPTION FOR AN APPROXIMATELY 7.5% REDUCTION IN THE REQUIRED PARKING FROM 26 SPACES TO 24 SPACES LOCATED AT 42389 WINCHESTER ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 909-360- 021) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On June 12, 2019, Mike Pontious filed Planning Application Nos. PA19-0867, a Minor Exception and PA19-0868 a Modification, 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 September 5, 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 Nos. PA19- 0867 and PA19-0868 subject to Conditions of Approval, after finding that the project proposed in Planning Application Nos. PA19-0867 and PA19-0868 confomred to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Director of Community Development, in approving Planning Application Nos. PA19-0867 and PA19-0868 hereby makes the following findings as required by Section 17.05.010.F (Development Plan) and Section 17.03.060.D (Minor Exception) of the Temecula Municipal Code: Development Plan / Section 17.05.010.F A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed project consists of the installation of a playground, relocation of a trash enclosure, installation of safety fencing. a new 48" high wall around re -located electrical transformers, and the modification of existing storefront windows to accommodate storefront doors for exiting purposes. The General Plan allows for vocational school uses at the project site. Therefore, the project is consistent with the General Plan for Temecula. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the project, including the site. building, and parking is consistent with, and intended to protect the health and safety of those working and living in and around the site as the project is consistent with the General Plan, City Wide Design Guidelines, and Development Code. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will he constructed and function in a manner consistent with the public health, safety, and welfare. Minor Exception, Development Code Section 17.03.060.D A. That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property. The proposal is for a 7. 5% reduction in the required parking from 26 spaces to 24 spaces. Due to the nature of the business as a vocational school for individuals that cannot drive and are dropped off the parking spaces on the project site will not be fully utilized throughout the day. The allowance for a reduction in parking will allow for the land use ofa vocational school to take place at the project site. B. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity. Permitting this Minor Exception will not grant special privileges to the applicant and is intended to meet the intent of the General Plan which allows for vocational schools on the project site. The result of permitting this Minor Exception will not be detrimental to the public welfare or to the property of other persons as the reduction of parking will allow for the business to operate at the proposed location. The project has been reviewed and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the protection of the public health, safety, and welfare. 2 C. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. The project has been conditioned by the Planning, Fire, Building, Police, and Public Works Departments to protect the surrounding properties. The vocational school land use proposed is permitted within the Light Industrial zoning district. 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 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 project meets all General Plan and Zoning policies and regulations. The project is proposing a vocational school use, exterior modifications, and a reduction in required parking. All access and public utilities are available to the site. The proposed use is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Director of Community Development of the City of Temecula hereby approves Planning Application No. PA19-0868, a Modification for the installation of a playground, relocation of a trash enclosure, installation of safety fencing, a new 48" high wall around re -located electrical transformers, and the modification of existing storefront windows to accommodate storefront doors for exiting purposes, and PA19-0867 a Minor Exception for an approximately 7.5% reduction in the required parking from 26 spaces to 24 spaces located at 42389 Winchester Road, 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 5th day of September, 2019. e Watson Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No.19-05 was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 51h day of September, 2019. Denise Jacobo, Secretary 3 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA 19-0867, PA 19-0868 Project Description: A Modification and Minor Exception for the installation of a playground, relocation of a trash enclosure, installation of safety fencing, a new 48" high wall around re -located electrical transformers, and the modification of existing storefront windows to accommodate storefront doors for exiting purposes. The proposed Minor Exception will allow for a reduction in the amount of required parking spaces from 26 spaces to 24 spaces which is approximately a 7.5% reduction in the required parking. The project is located at 42389 Winchester Road. Assessor's Parcel No.: 909-360-021 MSHCP Category: N/A (no new grading) DIF Category: N/A (no new square footage) TUMF Category: N/A (no new square footage) Quimby Category: N/A (non-residential) New Street In -lieu of Fee: N/A (not located within the Uptown Temecula Specific Plan area) Approval Date: September 5, 2019 Expiration Date: September 5. 2022 PLANNING DIVISION General Requirements 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. 2. Expiration. This approval shall be used within three 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 three 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. 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. 6. 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. 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. 9. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 10. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 11. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 12. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 13. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris.