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HomeMy WebLinkAbout2023-03 DH ResolutionDH RESOLUTION NO.2023-03 A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0115, A CONDITIONAL USE PERMIT FOR A PROPOSED ESCAPE ROOM FACILITY WITHIN THE PROMENADE MALL LOCATED AT 40820 WINCHESTER ROAD, SUITE 590, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 910-420-030) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On March 16, 2023, Aaron Schindehette, on behalf of the Owner, filed Planning Application No. PA23-0115, 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 July 6, 2023, 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 No. PA23- 0115 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA23-0115, conformed to the City of Temecula's General Plan Development Code (Subdivision, Development Agreement). Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA23-0115, 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 a recreational facility. This proposed conditional use is consistent with the City of Temecula General Plan and Development Code, which label the project site as Community Commercial (CC). The General Plan and Development Code allow for the proposed recreation facility at the project site upon the approval of a Conditional Use Permit. 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 commercial building within a commercial 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 commercial uses 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 the recreational facility within the existing commercial building. No modifications to the site are proposed. Since the site and proposed conditional use are consistent with the General Plan and Specific Plan 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 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. 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 commercial building and is permitted upon the approval of a Conditional Use Permit. The structure can accommodate the use. No exterior building nor site modifications are needed for the use to 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. PA23-0115, a Conditional Use Permit for a proposed escape room facility within the Promenade Mall located at 40820 Winchester Road, Suite 590, subject to the Final Conditions of Approval set forth on Exhibit A, Statement of Operations set forth on Exhibit B, and the Plans set forth on Exhibit C, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Community Development this 6th day of July, 2023 Matt Peters " ' Assistant Community Development Director I, Kim Kodani, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 2023-03 was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 6th day of July, 2023 Kim Kodani, Secretary