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HomeMy WebLinkAbout080317 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 MEETING AUGUST 3, 2017 1:30 P.M. TEMECULA CITY HALL GREAT OAK CONFERENCE ROOM 41000 Main Street, Temecula, CA 92590 Next in Order: DH Resolution: 17-03 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 the "Request to Speak" Agenda, a white form may 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 Project Number: PA17-0320 Project Type: Conditional Use Permit Project Title: Empire Auto CUP Applicant: Payman Rouhani Project Description: A Conditional Use Permit to allow for indoor auto sales (limited to 600 square feet). Location: 42143 Avenida Alvarado, Suite A1 Environmental Action: Exempt, Section 15301, Class 1 Existing Facilities Project Planner: Brandon Rabidou Item No. 2 Project Number: PA17-0602 Project Type: Conditional Use Permit Project Title: Self Made Training CUP Applicant: Kelsey Chambers Project Description: A Conditional Use Permit for a private fitness training facility to operate within an existing industrial building. Location: 42265 Winchester Road Environmental Action: Exempt, 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 ccessed on the TemeculaCA.gov and will be available for public viewing at the respective meeting. Any petition for judicial review of a decision of the Community Development Director 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 Community Development 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. 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 material may be TemeculaCA.gov 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: August 3, 2017 TO: Luke Watson, Director of Community Development PREPARED BY: Brandon Rabidou, Case Planner PROJECT Planning Application No. PA17-0320, SUMMARY: 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: Payman Rouhani General Plan Designation: Industrial Park (IP) Zoning Designation: Light Industrial (LI) Existing Conditions/ Land Use: Site: Industrial Building / Industrial Park (IP) North: Industrial Building / Industrial Park (IP) South: Vacant Parcel / Industrial Park (IP) East: Industrial Building / Industrial Park (IP) West: Industrial Building / Industrial Park (IP) Existing/Proposed Min/Max Allowable or Required Lot Area: 40,946 square feet 40,000 square feet minimum Total Floor Area/Ratio 0.39 0.40 maximum Parking Required/Provided: 9 spaces provided for 9 spaces required for the proposed the proposed use/ 42 use/ 42 required for the proposed spaces available on use and existing tenants. the parcel 1 BACKGROUND SUMMARY On February 16, 2017, Payman Rouhani submitted Planning Application PA17-0320, 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 Light Industrial (LI) district at 42143 Avenida Alvarado within an existing single story industrial building. The project would operate indoor auto sales (limited to 600 square feet) and auto restoration within 5,102 square-feet of an existing industrial building. While auto repair is permitted within the Light Industrial zone, indoor auto sales require a Conditional Use Permit. Hours of operation for the business are Monday through Sunday from 9:00 a.m. to 6:00 p.m. Other hours will be available by appointment only. classic automobile restoration, storage, and a limited amount of indoor auto sales. The applicant has stated that due to the unique nature of classic auto sales, a minimal amount of indoor sales area is required (600 square feet). Unlike a new or used car sales lot, classic car sales have a very specific customer and clientele. Should any future indoor auto sales business wish to utilize the proposed Conditional Use Permit, they would need to abide by the 600 square foot limitation or modify the Conditional Use Permit. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on July 20, 2017, and mailed to the property owners within the required 600-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 indoor auto sales. 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, Empire Auto will operate as an automotive repair/restoration shop with limited indoor auto sales. The proposed use is consistent with the City of Temecula General Plan and the Light Industrial (LI) designation which includes indoor auto sales with approval of a Conditional Use Permit. 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. 2 Empire Auto is proposed within an existing industrial building of the Light Industrial (LI) district. The proposed conditional use is consistent with all requirements of the Development Code and with the surrounding commercial uses and will therefore be 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 development on the project site meets all of the requirements of the Development Code. Therefore, 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 Building Code, Fire Code, 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. ATTACHMENTS Vicinity Map Plan Reductions DH Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Notice of Public Hearing 3 VICINITY MAP PLAN REDUCTIONS DH RESOLUTION DH RESOLUTION NO. 17- A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-0320, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN: -- ) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On February 16, 2017, Payman Rouhani, filed Planning Application No. PA17-0320 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 August 3, 2017, 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. PA17-0320 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA17-0320 General Plan and Development Code. Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA17-0320, hereby makes the following findings as required by Section 17.04.010 Conditional Use Permits. 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, Empire Auto will operate as an automotive repair/restoration shop with limited indoor auto sales. The proposed use is consistent with the City of Temecula General Plan and the Light Industrial (LI) designation which includes indoor auto sales with approval of a Conditional Use Permit. B. 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. Empire Auto is proposed within an existing industrial building of the Light Industrial (LI) district. The proposed conditional use is consistent with all requirements of the Development Code and with the surrounding commercial uses and will therefore be 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 development on the project site meets all of the requirements of the Development Code. Therefore, 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 the community. As conditioned, the project will meet all requirements of the Building Code, Fire Code, 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. 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. 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). 1. The proposed Conditional Use Permit will operate at an existing facility. No site expansion is proposed for the indoor auto sales. 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. PA17-0320, 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 City of Temecula Director of Community Development this 3rd day of August, 2017 Luke Watson Director of Community Development I, Denise Jacobo, Secretary of the Temecula , do hereby certify that the forgoing DH Resolution No. 17- was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting rd thereof held on the 3 day of August, 2017. Denise Jacobo, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA17-0320 Planning Application No.: A Conditional Use Permit to allow for indoor auto sales (limited to 600 Project Description: square feet) to be located at 42143 Avenida Alvarado, Suite A1 909-251-006 Assessor's Parcel No.: N/A (no new grading) MSHCP Category: N/A (no additional square footage) DIF Category: N/A (no additional square footage) TUMF Category: N/A (non-residential) Quimby Category: N/A (not located within the Uptown Temecula Specific Plan) New Street In-lieu of Fee: August 3, 2017 Approval Date: August 3, 2020 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 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. 3. 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. 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. 5. 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 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. Statement of Operations. The applicant shall comply with their Statement of Operations dated (enter date) , 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. 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. 12. Auto Sales. Auto sales are limited to 600 square feet of space as identified on the approved plans. 13. General. The sale, storage, and display of vehicles shall only occur inside the building located at 42143 Avenida Alvarado, Suite A1 (APN: 909-251-006) . Vehicles being sold, stored, or displayed shall not be in parking stalls, landscaped areas, or in the public right-of-way. BUILDING AND SAFETY DIVISION General Requirements 14. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building plans are reviewed and submitted to Building and Safety. 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. Note: No CUP permitted until C of O is obtained. 15. Complaince with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code,2016 California Energy Codes, 2016 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. 16. ADA Access. Provide details of all applicable disabled access provisions and building setbacks on the 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 entry. c. Path of accessibility from parking to furthest point of improvement. 17. Obtain Approvals and Permits. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. FIRE PREVENTION General Requirements 18. Fire Requirement. The vehicles that are stored within the building cannot have more than 5 gallons of gasoline in each tank. Prior to Issuance of Building Permit(s) 19. Required Submittals (Fire Sprinkler Systems). For any changes to the existing fire sprinkler system a sprinkler permit will be required. If no changes are applicable then no permit is required. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. 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. 20. Required Submittals (Fire Alarm Systems). For any changes to the existing fire alarm system a fire alarm permit will be required. If no changes are applicable then no permit is required. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. 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 21. Gates and Access. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC Chapter 5). 22. 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). 23. 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 (CFC Chapter 5). STATEMENT OF OPERATIONS NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula COMMUNITY DEVELOMPENT DIRECTOR to consider the matter described below: CASE NO: APPLICANT: PA17-0320 Payman Rouhani PROPOSAL: -- 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 adoptedin compliance with CEQA (Section 15301, Class 1, Existing Facilities) CASE PLANNER: Brandon Rabidou, (951) 506-5142 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590,City of Temecula, Great Oak Conf. Room DATE OF HEARING: TIME OF HEARING: August 3, 2017 1:30 p.m. any supplemental materials The complete agenda packet (including ) 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 TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a majority of the Commission 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. TemeculaCA.govand will be available for public review at the meeting. Any petition for judicial review of a decision of the 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 Hearing 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. Questions? Please call the Community Development Department at (951) 694-6400. STAFF REPORT PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: August 3, 2017 TO: Luke Watson, Director of Community Development PREPARED BY: Scott Cooper, Case Planner PROJECT Planning Application No. PA17-0602, a SUMMARY: private fitness training facility to operate within an existing industrial building at 42265 Winchester Road 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: Kelsey Chambers General Plan Designation: Industrial Park (IP) Zoning Designation: Light Industrial (LI) Existing Conditions/ Land Use: Site: Commercial Building, Parking Lot / Industrial Park (IP) North: Commercial Building / Industrial Park (IP) South: Winchester Road, Commercial Building / Industrial Park (IP) East: Commercial Building / Industrial Park (IP) West: Parking Lot / Industrial Park (IP) Existing/Proposed Min/Max Allowable or Required Lot Area: 1.0 Acres 0.92 Acres Minimum Total Floor Area/Ratio 0.36 0.40 Maximum Parking Required/Provided: 38 Spaces Existing 24 Spaces Required 1 BACKGROUND SUMMARY On April 7, 2017, Kelsey Chambers submitted Planning Application PA17-0602, a private fitness training facility to operate within an existing industrial building at 42265 Winchester Road. 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 Light Industrial (LI) district at 42265 Winchester Road within an existing industrial building. The project would operate a private fitness training facility within 16,840 square feet of space within the existing industrial building. Hours of operation for the business are Monday through Sunday from 5:00 a.m. to 9:00 p.m. There are no classes or group trainings offered and the business works by appointment only with a maximum of twenty-four occupants in the building at any one time, including employees and customers. Access to the existing industrial building is off Winchester Road. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on July 24, 2017 and mailed to the property owners within the required 1,100-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 within an existing industrial building. No site expansion is proposed for the private fitness training business. 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, the use will operate as an establishment with the primary purpose of a private fitness training facility to operate within an existing industrial building. The proposed use is consistent with the City of Temecula General Plan and the Light Industrial (LI) designation, which includes sports and recreations facilities serving the entire community with approval of a Conditional Use Permit. 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. 2 The proposed conditional use is consistent with all requirements of the Building Code, Fire Code, and Development Code, with the surrounding commercial uses, and will therefore be 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 development on the project site meets all of the requirements of the Building Code, Fire Code, and Development Code. Therefore, 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. . ATTACHMENTS Vicinity Map Plan Reductions DH Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Notice of Public Hearing 3 VICINITY MAP PLAN REDUCTIONS DH RESOLUTION DH RESOLUTION NO. 17- A RESOLUTION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-0602, A CONDITIONAL USE PERMIT TO ALLOW FOR A PRIVATE FITNESS TRAINING FACILITY TO OPERATE WITHIN AN EXISTING INDUSTRIAL BUILDING AT 42265 WINCHESTER ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 909-310- 019) Section 1. Procedural Findings. The Community Development Director of the City of Temecula does hereby find, determine and declare that: A. On April 7, 2017, Kelsey Chambers filed Planning Application No. PA17- 0602, 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 August 3, 2017, 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. PA17-0602 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA17-0602 l Plan and Development Code. Section 2. Further Findings. The Community Development Director, in approving Planning Application No. PA17-0602 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, the use will operate as an establishment with the primary purpose of a private fitness training facility to operate within an existing industrial building. The proposed use is consistent with the City of Temecula General Plan and the Light Industrial (LI) designation, which includes sports and recreations facilities serving the entire community with 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 proposed conditional use is consistent with all requirements of the Building Code, Fire Code, and Development Code, with the surrounding commercial uses, and will therefore be 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 development on the project site meets all of the requirements of the Building Code, Fire Code, and Development Code. Therefore, 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. 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: 2 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 within an existing industrial building. No site expansion is proposed for the private fitness training business. 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. PA17-0602, a Conditional Use Permit to allow for a private fitness training facility to operate within an existing commercial building at 42265 Winchester Road, 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 rd Development Director of the City of Temecula this 3 day of August, 2017. Luke Watson Director of Community Development I, Denise Jacobo that DH Resolution No.17- was duly and regularly adopted by the Community Development Director of the City of Temecula at a regular meeting thereof held on the rd 3 day of August, 2017. Denise Jacobo, Secretary 3 EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA17-0602 Planning Application No.: A Conditional Use Permit to allow for a private fitness training facility to Project Description: operate within an existing industrial building at 42265 Winchester Road 909-310-019 Assessor's Parcel No.: N/A (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: N/A (project not located within the Uptown Temecula Specific Plan area) New Street In-lieu of Fee: August 3, 2017 Approval Date: August 3, 2020 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 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. 3. 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. 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. 5. Signage Permits. A separate building permit shall be required for all signage. 6. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. Statement of Operations. The applicant shall comply with their Statement of Operations dated March 16, 2017, 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. 9. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 10. 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. 11. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. 12. Maximum Occupancy. The maximum occupancy of the building for the operation of a private fitness training facility shall be twenty four (24) total occupants, which includes both employees and customers. BUILDING AND SAFETY DIVISION General Requirements 13. 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. 14. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 15. 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 entry. c. Path of accessibility from parking to furthest point of improvement. 16. 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. 17. 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. 18. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 19. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 20. Demolition. Demolition permits require separate approvals and permits. 21. 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. 22. Protection of drains and penetration. Protection of joints and penetrations in fire resistance-rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. At Plan Review Submittal 23. 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. b. A hard scape plan to verify accessibility for persons with disabilities. Prior to Issuance of Grading Permit(s) 24. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 25. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 26. 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 27. 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) 28. Required Submittals (Fire Sprinkler Systems). For any changes that are going to be made to the overhead fire sprinkler system, fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. 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. 29. Required Submittals (Fire Alarm Systems). For any additional alarm devices that may be required due to increase in occupant load, fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. 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 30. 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 (CFC Chapter 5). STATEMENT OF OPERATIONS NOTICE OF PUBLIC HEARING 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: PA17-0602 Applicant: Kelsey Chambers Proposal: A Conditional Use Permit to allow for a private fitness training facility to operate within an existing industrial building at 42265 Winchester Road 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: 41000 Main St., Temecula, CA 92590,City of Temecula, Council Chambers Date of Hearing: August 3, 2017 Time of Hearing: 1:30 p.m. The complete agenda packet (including any supplemental materials) 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 TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a majority of the Commission 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. TemeculaCA.gov and will be available for public review at the meeting. 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 Community Development 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. Questions? Please call the Community Development Department at (951) 694-6400.