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HomeMy WebLinkAbout12032020 DH Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, pleasecontact 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 HEARINGMEETING Temecula City Hall, 41000 Main Street, Temecula, CA 92590 December 3, 20201:30 P.M. IMPORTANT NOTICE REGARDING MEETING This meeting is being conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. In accordance with this order, the public may view/listen to the meeting online at https://temeculaca.gov/tv and not in person at City Hall. Submission of Public Comments: For those wishing to make public comments at this meeting, please submit your comments by email to the Planning Manageratstuart.fisk@temeculaca.gov.Email comments on matters not on the agenda must be submitted prior to the Public Comments item being called. Email comments on an agenda item must be submitted prior to the close of public comments on that agenda item. All email comments shall be subject to the same rules as would otherwise govern speaker comments at noticed meetings. Electronic comments may only be submitted via email and comments via text and social media (Facebook, Twitter, etc.) will not be accepted. Reading of Public Comments: Email comments will be read into the record, provided that the reading shall not exceed three (3) minutes, or such other time as the Director of Community Developmentmay provide, consistent with the time limit for speakers at noticed meetings. CALL TO ORDER:Luke Watson, Director of Community Development PUBLIC COMMENTS: A total of 15minutes is provided so members of the public can address the Director of Community Developmenton items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. For this meeting, public comments may be submitted and read into the record pursuant to the important notice provided at the top of this agenda. Item No. 11:30 PM Project Number:PA20-0783 Project Type:Conditional Use Permit Project Title:Epic Dog Academy CUP Applicant:Olivia K. Smith Project Description:Planning Application Number PA20-0783, a Conditional Use Permit (CUP) for Epic Dog Academy to provide dog boarding, training and daycare services within the existing building located at 42346 Rio Nedo Road, Suites A,B,L Environmental Action:Section 15301, Class Class 1Existing Facilities Project Planner:Jaime Cardenas, Case Planner ADJOURNMENT NOTICE TO THE PUBLIC Due to the closure of City Hall, the library and other city facilities due to the COVID-19 pandemic, the full agenda packet (Including staff reports and any supplemental material available after the original posting of the agenda), will only be available for viewing on the City’s website at https://temeculaca.gov/911/Committee-Noticed-Meetings.aspxat least 72 hours prior to meeting. If you have questions regarding an item on the agenda, please contact the Community Development Department at (951) 694-6400. STAFF REPORT PLANNING CITY OF TEMECULA Luke Watson, Director of Community Development TO: Jaime Cardenas, Planning Technician FROM: December 3, 2020 DATE OF MEETING: Jaime Cardenas, Case Planner PREPARED BY: PROJECT Planning Application Number PA20-0783, a Conditional Use Permit SUMMARY: (CUP) for Epic Dog Academy to provide dog boarding, training and daycare services within the existing building located at 42346 Rio Nedo Road, Suites A,B,L. Adopt a Resolution approving the project subject to Conditions of RECOMMENDATION: Approval Categorically Exempt CEQA: Section 15301, Class Class 1 Existing Facilities PROJECT DATA SUMMARY Olivia K. Smith Name of Applicant: General Plan Industrial Park (IP) Designation: Light Industrial (LI) Zoning Designation: Existing Conditions/ Land Use: Site: Auto Repair and Fabrication/ Light Industrial (LI) North: Heavy Equipment Sales/ Light Industrial (LI) South: Publishing/ Light Industrial (LI) East: Manufacturing & Distribution/ Light Industrial (LI) West: Wholesale & Supplies/ Light Industrial (LI) Existing/Proposed Min/Max Allowable or Required 60,900 Existing Sq. Ft. 40,000 Sq. Ft. Minimum Lot Area: N/A (No New Addition) .4 FAR Maximum Total Floor Area/Ratio: N/A (No Landscaping 20% Landscape Area/Coverage: Modifications) 45 Total Spaces Provided 28 Spaces Required Parking Provided/Required: AFFORDABLE HOUSING Located in Affordable Housing Overlay Zone (AHOZ)? Yes No AHOZ Gain/Loss: +/- Not Applicable BACKGROUND SUMMARY On July 1, 2020, Olivia K. Smith, on behalf of Epic Dog Academy, submitted Planning Application PA20-0783 to allow for a dog kennel 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. PA20-0783 is a request for a Conditional Use Permit by Olivia Smith to operate an indoor dog kennel and dog training facility at 42346 Rio Nedo. The indoor facility will function within 5,887 square foot section of an existing 20,750 square foot multi-tenant industrial building. Zoning for the existing building is Light Industrial. Temecula Development Code Section 17.08.030 permits kennels in the Light Industrial zone with a Conditional Use Permit. The proposed Conditional Use Permit application does not propose any site changes nor to add any additional square footage or make alterations to the exterior of the building. The proposed Conditional Use Permit would permit the owner to operate seven (7) days a week between 5:00 a.m. to 8:00 pm. The facility will staff 11 employees to manage the boarding facility consisting of 28 dog kennel and training services. The City of Temecula Development Code provides parking requirements in Table 17.24.040. Per this Table, four (4) parking spaces are required for the office, and five (5) parking spaces are required for storage and warehousing uses within the tenant space. There are nine other suites within the building with uses consisting of storage, warehousing, and industrial uses such as machine shops and upholstery. Including the proposed dog kennel facility with the other existing uses, a total of 28 parking spaces would be required at the site. The proposed dog kennel will not negatively impact parking since there are currently forty-five (45) parking spaces on-site. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the SD Union Tribune on November 19, 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 (17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. The business will operate as dog kennel facility for dog training and boarding services. 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 dog kennel 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, intensities, 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 dog training and boarding services 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. 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. 1. Aerial Map ATTACHMENTS: 2. Plan Reductions 3. 4. Exhibit A - Draft Conditions of Approval 5. Statement of Operations 6. Notice of Public Hearing 7. Notice of Exemption AERIAL MAP AERIAL MAP 42346 Rio Nedo Road PROJECT AREA PLAN REDUCTIONS RESOLUTION DH RESOLUTION NO. 2020-__ A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA20-0783, A CONDITIONAL USE PERMIT FOR EPIC DOG ACADEMY TO PROVIDE DOG BOARDING, TRAINING AND DAYCARE SERVICES WITHIN THE EXISTING BUILDING LOCATED AT 42346 RIO NEDO ROAD SUITES A, B, L, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 909-254-009). Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On July 1, 2020, Olivia K. Smith, on behalf of Epic Dog Academy, filed Planning Application No. PA20-0783, 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 December 3, 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 earing and after due consideration of the testimony, the Director of Community Development approved Planning Application No. PA20- 0783 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA20-0783 General Plan and Development Code. Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA20-0783, hereby makes the following findings as required by Development Code Section 17.04.010 (Conditional Use Permits). A. The proposed use is in conformance with the General Plan and the Development Code. The business will operate as dog kennel facility for dog training and boarding services. 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 dog kennel at the project site upon the approval of a Conditional Use Permit. 1 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, intensities, 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 dog training and boarding services 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 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. 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 2 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. PA20-0783, a Conditional Use Permit (CUP) for Epic Dog Academy to provide dog boarding, training and daycare services within the existing building located at 42346 Rio Nedo 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 3rd day of December, 2020 Luke Watson Director of Community Development I, Denise Jacobo, Secretary of the Temecula , do hereby certify that the forgoing DH Resolution No. 2020- was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 3rd day of December, 2020 Denise Jacobo, Secretary 3 EXHIBIT A DRAFT CONDITIONS OF APPROVAL STATEMENT OF OPERATIONS NOTICE OF PUBLIC HEARING 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: PA20-0783 APPLICANT: Olivia K. Smith PROPOSAL: A Conditional Use Permit (CUP) for Epic Dog Academy to provide dog boarding, training and daycare services within the existing building located at 42346 Rio Nedo Road, Suite A, B, L. 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 State CEQA Guidelines 15301, Class 1 (Existing Facilities). CASE PLANNER: Jaime Cardenas, (951)-240-4215 DATE OF HEARING: December 3, 2020 TIME OF HEARING: 1:30 PM PLACE OF HEARING: This meeting is being conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. The live stream of the meeting may be viewed on television and/or online. Details can be found at TemeculaCA.gov/TV. In accordance with Executive Order N-29-20, the public may only view the meeting on television and/or online and not in the Council Chamber. Due to the closure of City Hall and other city buildings and facilities due to the COVID-19 pandemic, the agenda packet is only viewable on the City website at https://temeculaca.gov/911/Committee-Noticed-Meetings. To view the proposed project application or questions concerning the project(s), please contact Jaime Cardenas (951) 240-4215. 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 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. Submission of Public Comments: For those wishing to make public comments at this meeting, please submit your comments by email to be read aloud at the meeting by the Planning Manager. Email comments must be submitted to the Planning Manager at stuart.fisk@temeculaca.gov. Electronic comments on agenda items for the 12/03/2020 meeting may only be submitted via email and comments via text and social media (Facebook, Twitter, etc.) will not be accepted. Reading of Public Comments: The Planning Manager shall read all email comments, provided that the reading shall not exceed three (3) minutes for public hearing items, or such other time as the Director may provide, consistent with the time limit for speakers at a meeting. The email comments submitted shall become part of the record of the meeting. Questions? Please call the Community Development Department at (951) 694-6400. NOTICE OF EXEMPTION City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • Fax (951) 694-6477 • TemeculaCA.gov December3, 2020 Ms. Rosemarie M. Anderson Supervising Legal Certification Clerk County of Riverside P.O. Box 751 Riverside, CA 92501-0751 SUBJECT:Filing of a Notice of Exemption forPlanning Application Number PA19-1524,a Conditional Use Permit (CUP) for Epic Dog Academy to provide dog boarding, training and daycare services within the existing building located at 42346 Rio Nedo Road. Dear Ms. Anderson: Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) please find a check in the amount of $50.00, for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The City of Temecula is paying the $50.00filing fee under protest.It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law.Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00filing fee. Also, please return a stamped copy of the Notice of Exemption within fiveworking daysafter the 30-day posting in the enclosed self-addressed stamped envelope. If you have any questions regarding this matter, please contact Jaime Cardenasat(951) 240-4215. Sincerely, Luke Watson Director of Community Development Enclosures:Check Copies of this letter (2) Self-addressed stamped envelopes (2) Previous Filing Fee Receipt (if applicable) City of Temecula Community Development Planning DivisionNotice of Exemption TO:County Clerk and Recorders OfficeFROM:Planning Division County of RiversideCity of Temecula P.O. Box 75141000 Main Street Riverside, CA 92501-0751Temecula, CA 92590 Project Title:Epic Dog Academy (PA20-0783) Description of Project:AConditional Use Permit (CUP) for Epic Dog Academy to provide dog boarding, training and daycare services within the existing building. Project Location:The project is located at 42346 Rio Nedo Road,Suites A,B,L Applicant/Proponent:Olivia Smith The Planning Commissionapproved the above described project onDecember3,2020and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended. Exempt Status: (check one) Ministerial (Section 21080(b)(1); Section15268);Categorical Exemption: (Section 15301, Class Declared Emergency (Section 21080(b)(3); Section15269(a)); 1, Existing Facilities) Emergency Project (Section 21080(b)(4); Section15269(b)(c)) Other: Section 15162 Categorical Exemption Statutory Exemptions (Section Number:) Statement of Reasons Supporting the Finding that the Project is Exempt: The request for a Conditional Use Permit for extended restaurant hours andhours of live entertainment for the future Be Good Restaurant will be conducted in an existing building and involves a negligible expansion of the existing and expected uses. All access to public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements contained in the Development Code. Contact Person/Title:Jaime Cardenas,Planning TechnicianPhone Number (951) 240-4215 Signature:Date: Luke Watson,Director of Community Development Date received for filing at the County Clerk and Recorders Office: