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HomeMy WebLinkAbout012816 DH Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact 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 HEARING REGULAR MEETING January 28, 2016 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 Next in Order: DH Resolution: 16-02 CALL TO ORDER: Luke Watson, Director of Community Development PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Community Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Director about an item not listed on "Request to Speak" the Agenda, a white form should be filled out and filed with the Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number: PA15-1469 Project Type: Conditional Use Permit Project Title: Musicmaker CUP Applicant: Brian Housley Project Description: Planning Application No., PA15-1469, a Conditional Use Permit for the operation of a music studio within an existing commercial suite that offers lessons in vocals and instruments. Location: 30630 Rancho California Road, Suite F-501. (APN: 921-700-016) Environmental Action: Section 15301, Class 1 Existing Facilities Project Planner: Scott Cooper NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the At that time, the agenda packet may also be www.cityoftemecula.org and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM 5:00 PM). In addition, such www.cityoftemecula.org and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Community Development Department at the Temecula Civic Center, (951) 694-6400. STAFF REPORT PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: January 28, 2016 TO: Luke Watson, Director of Community Development PREPARED BY: Scott Cooper, Case Planner PROJECT Planning Application No. PA15-1469, a Conditional Use Permit SUMMARY: (APN: 921-700-016). - RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Brian Housley General Plan Community Commercial (CC) Designation: Zoning Designation: Community Commercial (CC) Existing Conditions/ Land Use: Site: Commercial Building/Community Commercial (CC) North: Parking Lot, Commercial Building/Community Commercial (CC) South: Commercial Building/Community Commercial (CC) East: Parking Lot, Commercial Building/Community Commercial (CC) West: Parking Lot, Commercial Building/Community Commercial (CC) Existing/Proposed Min/Max Allowable or Required Lot Area: 2.04 Acres 0.69 Acres Minimum Total Floor Area/Ratio N/A N/A Parking Required/Provided: N/A N/A X:\\Planning\\2015\\PA15-1469 Musicmaker Temecula CUP\\Planning\\15-1469 Staff Report.docx 1 BACKGROUND SUMMARY On September 29, 2015, Brian Housley, on behalf of Musicmaker Temecula, submitted Planning Application PA15-1469, a Conditional Use Permit . - 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 The project is located in the Community Commercial (CC) district at 30630 Rancho California Road, Suite F-501 within an existing commercial building of a developed shopping center. The project would operate a musical studio located within a 2,680 square-foot suite of the existing commercial building Monday through Saturday. The majority of the lesson rooms are for one student at a time. In addition, live shows will not take place at this business location. The hours of operation are Monday through Saturday from 3:30 p.m. to 8:30 p.m. and in the summer months, camps are run from 9:00 a.m. to 6:00 p.m., Monday through Friday. The existing shopping center has a shared parking agreement for the 820 parking spaces that the musical studio will be using that meets the off-street parking standards of the development code. Access to the existing shopping center is off Margarita Road, Yukon Road, and Winchester Road. No food or alcohol would be served as a part of this Conditional Use Permit. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on January 14, 2016 and mailed to the property owners within the required 750-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 (Section 15301, Class 1, Existing Facilities). The proposed Conditional Use Permit will operate at an existing facility. No site expansion is proposed for the musical studio. Conditions of Approval have been implemented to ensure the project does not cause adverse impacts to the surrounding area. FINDINGS Conditional Use Permit (Section 17.04.010.E.1) The proposed conditional use is consistent with the General Plan and the Development Code. As proposed, Musicmaker Temecula will operate as an establishment with the primary purpose of a musical studio. The proposed use is consistent with the City of Temecula General Plan and Development Code which specifies that the Community Commercial (CC) designation includes musical studios serving the entire community. X:\\Planning\\2015\\PA15-1469 Musicmaker Temecula CUP\\Planning\\15-1469 Staff Report.docx 2 The proposed conditional use is compatible with the nature, condition and development in adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. Musicmaker Temecula is proposed within an existing building of a developed shopping center of the Community Commercial zone. 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 site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council 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. As conditioned, the project will meet all requirements of the Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. 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 be constructed and function in a manner consistent with the public health, safety and welfare. 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 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. 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 be constructed and function in a manner consistent with the public health, safety and welfare. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Notice of Public Hearing X:\\Planning\\2015\\PA15-1469 Musicmaker Temecula CUP\\Planning\\15-1469 Staff Report.docx 3 VICINITY MAP X:\\Planning\\2015\\PA15-1469 Musicmaker Temecula CUP\\Planning\\15-1469 Staff Report.docx 4 PLAN REDUCTIONS X:\\Planning\\2015\\PA15-1469 Musicmaker Temecula CUP\\Planning\\15-1469 Staff Report.docx 5 DH RESOLUTION X:\\Planning\\2015\\PA15-1469 Musicmaker Temecula CUP\\Planning\\15-1469 Staff Report.docx 6 DH RESOLUTION NO. 16- A RESOLUTION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-1469, A CONDITIONAL USE PERMIT FOR THE OPERATION OF A MUSICAL STUDIO WITHIN AN EXISTING COMMERCIAL SUITE THAT OFFERS LESSONS IN VOCALS AND INSTRUMENTS LOCATED AT 30630 RANCHO CALIFORNIA ROAD, SUITE F-501, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-700- 016) Section 1. Procedural Findings. The Community Development Director of the City of Temecula does hereby find, determine and declare that: A. On September 29, 2015 Brian Housley, filed Planning Application No. PA15-1469, a Conditional Use Permit, 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 Community Development Director, at a regular meeting, considered the Application and environmental review on January 28, 2016 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 and after due consideration of the testimony, the Community Development Director approved Planning Application No. PA15-1469 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA15-1469 conformed to the City of Temel Plan and Development Code. Section 2. Further Findings. The Community Development Director, in approving the Planning Application No. PA15-1469 hereby makes the following findings as required by Section 17.040.010.E (Conditional Use Permit) of the Temecula Municipal Code: Conditional Use Permit / Section 17.040.010.E 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; As proposed, Musicmaker Temecula will operate as an establishment with the primary purpose of a musical studio. The proposed use is consistent with the City of Temecula General Plan and Development Code which specifies that the Community Commercial (CC) designation includes musical studios serving the entire community. 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; Musicmaker Temecula is proposed within an existing building of a developed shopping center in the Community Commercial zone. 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. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council 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 community; As conditioned, the project will meet all requirements of the Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. 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 be constructed and function in a manner consistent with the public health, safety and welfare. 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 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. 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 be constructed and function in a manner consistent with the public health, safety and welfare. 2 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 proposed Conditional Use Permit will operate at an existing facility. No site expansion is proposed for the musical studio. Conditions of Approval have been implemented to ensure the project does not cause adverse impacts to the surrounding area. Section 4. Conditions. The Community Development Director of the City of Temecula hereby approves Planning Application No. PA15-1469, a Conditional Use Permit for the operation of a musical studio within an existing commercial suite that offers lessons in vocals and instruments located at 30630 Rancho California Road, Suite F-501, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED Section 5. by the Community Development Director of the City of Temecula this 28th day of January, 2016. Luke Watson Director of Community Development I, Denise Jacobo, Secretary of the Teme that DH Resolution No.16- was duly and regularly adopted by the Director of Planning of th the City of Temecula at a regular meeting thereof held on the 28 day of January, 2016. Denise Jacobo, Secretary 3 EXHIBIT A DRAFT CONDITIONS OF APPROVAL X:\\Planning\\2015\\PA15-1469 Musicmaker Temecula CUP\\Planning\\15-1469 Staff Report.docx 7 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA15-1469 Planning Application No.: A Conditional Use Permit for the operation of Musicmaker Temecula, a Project Description: musical studio within an existing commercial suite that offers lessons in vocals and instruments located at 30630 Rancho California Road, Suite F-501 921-700-016 Assessor's Parcel No.: N/A (no new square footage / no grading) MSHCP Category: N/A (no new square footage) DIF Category: N/A (no new square footage) TUMF Category: N/A (non-residential) Quimby Category: January 28, 2016 Approval Date: January 28, 2018 Expiration Date: PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. 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 with Legal Counsel of the City's own selection 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. 3. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant 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. 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 three (3) one-year extensions of time, one year at a time. 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. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 7. 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. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Statement of Operations. The applicant shall comply with their Statement of Operations dated September 23, 2015, on file with the Planning Division, unless superseded by these Conditions of Approval. 10. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 11. 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. BUILDING AND SAFETY DIVISION 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 2013 edition of the California Building, Plumbing and Mechanical Codes; 2013 California Electrical Code; California Administrative Code, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 14. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash enclose tot lots and picnic areas. 15. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 16. Demolition. Demolition permits require separate approvals and permits. 17. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. At Plan Review Submittal 18. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. Prior to Issuance of Building Permit(s) 19. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 21. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION Prior to Issuance of Building Permit(s) 22. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval for any changes in construction or walls added in the building that cause changes to the fire sprinkler system.. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 23. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Additional devices are required in the lesson rooms. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 24. Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6-inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). 25. Knox Box--Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room, If one os already placed on the building then tenant will be required to supply keys tot he fire department to be paced inside the knox box. (CFC Chapter 5). STATEMENT OF OPERATIONS X:\\Planning\\2015\\PA15-1469 Musicmaker Temecula CUP\\Planning\\15-1469 Staff Report.docx 8 NOTICE OF PUBLIC HEARING X:\\Planning\\2015\\PA15-1469 Musicmaker Temecula CUP\\Planning\\15-1469 Staff Report.docx 9 Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula COMMUNITY DEVELOPMENT DIRECTOR to consider the matter described below: Case No: PA15-1469 Applicant: Brian Housley Proposal: A Conditional Use Permit - 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 CEQA (Existing Facilities, Section 15301, Class 1) Case Planner: Scott Cooper, (951) 506-5137 Place of Hearing: City of Temecula, Great Oak Conference Room Date of Hearing: January 28, 2016 Time of Hearing: 1:30 p.m. The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the . At that time, the packet may also be www.cityoftemecula.org. Any Supplemental Material regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. www.cityoftemecula.org and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400.