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HomeMy WebLinkAbout2023-05 DH Resolution DH RESOLUTION NO. 2023-05 A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA22-0875, CONDITIONAL USE PERMIT APPLICATION FOR AN APPROXIMATELY 9,100 SQUARE-FOOT DAYCARE FACILITY ON A VACANT 2.46 ACRE PARCEL LOCATED AT 39970 CANTRELL ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN: 957-130- 020) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On August 8, 2022, Augustina Naber, filed Planning Application No. PA22-0875, 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 September 28, 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. PA22- 0875 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA22-0875, conformed to the City of Temecula's General Plan Development Code (Conditional Use Permit). Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA22-0875, 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 proposed daycare facility is located within a Very Low (VL) residential district. Daycare facilities require a Conditional Use Permit in VL zones. As designed and conditioned the project is consistent with the City of Temecula General Plan and Development Code. 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 use is for a daycare facility located within a Very Low (VL) residential district. According to the City of Temecula Development Code, these types of uses are allowed in all residential districts upon the approval of a Conditional Use Permit. Custom single-family homes surround the project on all sides with the exception of the east side which is vacant lot. As designed and conditioned, the project will not adversely affect adjacent uses, buildings or structures. 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. As designed and conditioned the yards, walls,fences,parking and loading facilities, buffer areas, landscaping, and other development features required in the City of Temecula Development Code have been satisfied. As a result, the project will integrate into the surrounding area. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project is a daycare facility to be located in a Very Low(VL)residential zoning district. daycare facilities are a permitted use in VL zones with the approval of a Conditional Use Permit. As designed and conditioned, the project is consistent with the Temecula General Plan and Development Code, which contains provisions to protect 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 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 15332, Class 32, In-Fill Development Projects). The project is in conformance with the General Plan for the City of Temecula as well as all applicable zoning regulations on a site less than five acres surrounded by urban uses. The project site is not identified as having any sensitive habitat. Furthermore, the site will not result in significant effects relating traffic, noise, air quality, or water quality. Finally, the site can be serviced by all appropriate utilities. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA22-0875, a Conditional Use Permit Conditional Use Permit Application for an approximately 9,100 square-foot daycare facility on a vacant 2.46 acre parcel located at 39970 Cantrell Road, subject to the Final Conditions of Approval set forth on Exhibit A and Statement of Operations set forth on Exhibit B,attached hereto,and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Community Development this 28th day of September, 2023 tkkoOK Matt Peters Assistant Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing,do hereby certify that the forgoing DH Resolution No. 2023-05 was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 28th day of September, 2023. • eik) Denise Jac bo, Secretary CITY OF TEMECULA CONDITIONS OF APPROVAL ACCEPTANCE Planning Application Number: PA22-0875 Parcel Number(s): 957-130-020 By signing below, I/we have agreed to the following Conditions of Approval, including (but not limited to) any referenced documents, local state, or federal regulations, statement of operations, hours of operation, floor plans, site plans, and Conditions that may require the payment or reimbursement of fees, as described. I/we have read the attached Conditions of Approval and understand them. I/we also understand that violations or non-compliance with these Conditions of Approval, may delay a project, and/or result in the revocation of a permit in accordance with the Temecula Municipal Code. I/we are also responsible for disclosing these Conditions of Approval to any successive owners/operators. I/we agree and commit to the City of Temecula that I/we will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. Property Owner Printed Name roperty Owner Signature & Date At �71� � . j � Ali licant Printed Name �} Applicant Signature & Oat 1 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA22-0875 Project Description: White Barn CUP: a Conditional Use Permit to allow the operation of a daycare facility within a future 9,100 square-foot building at 39970 Cantrell Road (related DP application: PA22-0874). Assessor's Parcel No.: 957-130-020 MSHCP Category: Commercial DIF Category: Service Commercial TUMF Category: Per WRCOG Requirements Quimby Category: N/A(Non-Residential Project) New Street In-lieu of Fee: N/A (Not Located within the Uptown Temecula) Approval Date: September 28, 2023 Expiration Date: September 28, 2026 PLANNING DIVISION Within 48 Hours of the Approval Page 1 of 4 1. Applicant Filing Notice of Determination. APPLICANT ACTION REQUIRED: The applicant/developer is responsible for filing the Notice of Determination as required under Public Resources Code Section 21152 and California Code of Regulations Section 15062 within 48 hours of the project approval. If within said 48-hour period the applicant/ developer has not filed the Notice of Determination as required above, the approval for the project granted shall be void due to failure of this condition. Failure to submit the Notice of Exemption will result in an extended period of time for legal challenges. FEES: Fees for the Notice of Exemption include the Fifty Dollar County ($50.00) administrative fee. The County of Riverside charges additional fees for credit card transactions. FILING: The City shall provide the applicant with a Notice of Determination within 24 hours of approval via email. If the applicant/developer has not received the Notice of Determination within 24 hours of approval, they shall contact the case Planner immediately. All CEQA documents must be filed online with the Riverside County Assessor—County Clerk- Recorder.A direct link to the CEQA filings page is available at TemeculaCA.gov/CEQA. COPY OF FILINGS: The applicant shall provide the City with a digital copy of the required filings within 48 hours. General Requirements 2. Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and Defense Costs, Including Attorneys' Fees, Incurred by the City. The Applicant shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any claims, damages, actions, causes of actions, lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without limitation, attorneys'fees or court costs) in any manner arising out of or incident to the Planning Commission's actions, this approval and the City Council's actions, related entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed challenging the City's determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. Page 2 of 4 3. Expiration. This approval shall be used within two 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 two-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. A modification made to an approved development plan does not affect the original approval date of a development plan. 4. 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 five extensions of time, one year at a time. A modification made to an approved development plan does not affect the original approval date of a development plan. 5. 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. 6. Modifications or Revisions. The developer shall obtain City approval for any modifications or revisions to the approval of this project. 7. Statement of Operations. The applicant shall comply with their Statement of Operations dated March 17, 2023, on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 8. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 9. City Review and Modification of CUP. The City, its Director of Community Development, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit(including the Conditions of Approval)based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Director of Community Development, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its Director of Community Development, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 10. Display of Conditional Use Permit. The City of Temecula Approval Letter for the Conditional Use Permit shall be displayed on the premises in a conspicuous place so that law enforcement and city staff entering the establishment may readily see the Conditional Use Permit.A copy of the stamped approved floor plan/site plan approved with the Conditional Use Permit and the full set of Conditionals of Approval (including all previous approvals) shall always be kept on the premises and made available at the request of any law enforcement officer, fire marshal, code officer, or deputy fire marshal. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 11. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this approval. BUILDING AND SAFETY DIVISION Page 3 of 4 General Requirements 12. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 13. Compliance with Code. All design components shall comply with applicable provisions of the most current edition of the California Building, Plumbing and Mechanical Codes; California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and Temecula Municipal Code as identified in Title 15 of the Temecula Municipal Code. 14. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entrance of the building. c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right-of-way to all public areas on site, such as trash enclosures, clubhouses, and picnic areas. 15. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below. 16. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi-family residential projects or a recorded final map for single-family residential projects. Page 4 of 4 Section D: Statement of Operations White Barn Academy 39970 Cantrell Rd Temecula CA 92591 Date: August 30th, 2023 Description of Proposed Business Operations: White Barn Academy will be a daycare facility for children ages 2 through 5. This childcare facility will be located in the northeast area of Temecula, across from the new Sommers Bend development, and will offer parents a safe, nurturing place to bring their children while they work. White Barn Academy will offer both part-time and full-day programs as we will strive to meet the needs of the many working parents in need of child care. It will have four outdoor playgrounds and White Barn's architecture of American Craftsman will blend perfectly with the surrounding area. Hours and Days of Operation: WBA will operate for 12 months of the year. WBA will be closed on all major holidays,1 week at Christmas and one week in Spring. The facility will be closed on all weekends. WBA will operate Monday through Friday from 7:00 am - 5:30 pm. Parents will drop their children off between 7 am and 9 am and pick up between noon and 1:00 for half-day programs or between 4 pm and 5:30 pm for full-day programs. With wide windows of drop-off and several pick-up times, this will alleviate any issues of traffic congestion. Drop off times: 2 Hour window 7 am - 9 am Pick-up times: Noon -1:00 pm and from 4:00 - 5:30 pm. Number of Employees: 15 in total (not all employees work at one time) There will be approximately 10-12 employees at the school at a time. Proposed Private Security: no Estimated Number of Customers (children): approximately 100. We anticipate having approximately 80 students daily, 20 will be half-day program students. Please take note that often, parents have several children that will attend, so one car may be dropping off or picking up more than one child. Total Number of Parking Spaces: 35 Food: Food will not be prepared in the kitchen and served. Children will bring their lunch from home. Alcohol: no Live Entertainment: no