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HomeMy WebLinkAbout052418 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 May 24, 2018 1:30 P.M. TEMECULA CITY HALL GREAT OAK CONFERENCE ROOM 41000 Main Street, Temecula, CA 92590 Next in Order: DH Resolution: 18-04 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 Agenda, a white "Request to Speak" 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: PA17-1793 Project Type: Tentative Parcel Map Project Title: First and Front TPM Applicant: Sherrie Munroe with MDMG, Inc. Project Description: A Tentative Parcel Map to create an additional parcel from one existing parcel. Location: Northwest corner of Old Town Front Street and 1 st Street. Environmental Action: Exempt, Section 15315, Class 15 Minor Land Divisions Project Planner: Eric Jones Item No. 2 Project Number: PA18-0471 Project Type: Conditional Use Permit Project Title: Temecula Valley Driving School CUP Applicant: James Cavataio Project Description: A Conditional Use Permit to allow for a driving school. Location: 43264 Business Park Drive, Suite 107 Environmental Action: Exempt, Section 15301, Class 1 Existing Facilities Project Planner: Jaime Cardenas 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 Director's Hearing. At that time,the agenda packet may also be accessed on the City's website—TemeculaCA.gov—and will be available for public viewing at the respective meeting. Any petition forjudicial review of 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 accessed on the City's website—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. ITEM 1 STAFF REPORT— PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: May 24, 2018 TO: Luke Watson, Director of Community Development PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application Number PA17-1793, a Tentative Parcel Map to SUMMARY: create an additional parcel from one existing parcel. The project is located on the northwest corner of Old Town Front Street and 1st Street. RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15315, Class 15, Minor Land Divisions PROJECT DATA SUMMARY Name of Applicant: Sherrie Munroe with MDMG, Inc. General Plan Specific Plan Implementation (SPI) Designation: Zoning Designation: Old Town Specific Plan (SP-5) Existing Conditions/ Land Use: Site: Existing Commercial Structure, Parking Lot / Specific Plan Implementation (SPI) North: Existing Commercial Structure, Parking Lot / Specific Plan Implementation (SPI) South: Existing Parking Lot, First Street/ Specific Plan Implementation (SPI) East: Old Town Front Street, Existing Commercial Structure, Vacant Lot / Specific Plan Implementation West: Existing Parking Lot, Murrieta Creek / Specific Plan Implementation (SPI) Existing/Proposed Min/Max Allowable or Required Lot Area: Parcel 1: 0.95 Acres 0.08 Acres Minimum Parcel 2: 0.23 Acres Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A BACKGROUND SUMMARY On December 27, 2018, Sherrie Munroe with MDMG, Inc. submitted Planning Application No. PA17-1793. This application will allow for a Tentative Parcel Map to convert one lot into two lots for the previously approved First and Front commercial project. 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 proposed Tentative Parcel Map will divide one existing parcel totaling 1.18 acres into two parcels to allow for a commercial structure. Parcel 1 will total 0.95 acres. Parcel 2 will total 0.23 acres. Both parcels will meet all Old Town Specific Plan, Municipal Code, and General Plan requirements. Access to Parcel 2 will be provided via privately maintained access easements for vehicles and pedestrians. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on May 14, 2018 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 15315, Class 15 Minor Land Divisions) The property is located in an urbanized area zoned for residential and commercial uses. The map will create two parcels from an existing parcel and will be in conformance with the General Plan and zoning requirements. No variances or exceptions are required for the approval. All services and access to the proposed parcels are compliant with local standards. The parcel was not involved in a division of a larger parcel within the previous 2 years and the parcel does not have a slope greater than 20 percent. FINDINGS Tentative Map (Section 16.09.140) The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable Specific Plan and the City of Temecula Municipal Code. As designed and conditioned, the proposed map is consistent with the Subdivision Ordinance, Temecula General Plan, the City of Temecula Municipal Code, and the Old Town Specific Plan. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. The proposed map does not impact land entered into contract pursuant to the California Land Conservation Act of 1965 or designated for conservation or agricultural use. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The proposed map subdivides 1.18 acres to allow for commercial uses. The proposed Tentative Parcel Map design is consistent with the Temecula General Plan and the development standards contained in the Old Town Specific Plan. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project consists of a Tentative Parcel Map on improved property. As conditioned, the project is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and conditioned by Public Works and Planning Departments. As a result, the project is consistent or has been conditioned to be consistent with the City's General Plan and Municipal Code which contain provisions to protect the health, safety, and welfare of the public. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities to the extent feasible. All development must meet all appropriate Building and Fire Code requirements as they relate to passive or natural heating or cooling opportunities. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. All acquired rights-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. The subdivision is consistent with the City's parkland dedication requirements (Quimby Act). The project involves the creation of a Tentative Parcel Map for commercial structures. No residential units are proposed that will be subject to Quimby. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing VICINITY MAP City of Temecula PA17- 1793 i 9 O O`O 11 O� Tj P01 �l ST o 250 500 Feet This map was made the City of Temecula Geographic Information System The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside 1 County The City of Temecula assumes no warranty or legal responsibility for the - NORTH information contained on this map.Data and information represented on this map A are subject to update and modification.The Geographic Information System and (� other sources should be queried for the most current information This map is not for reprint or resale. Gnogrhphic Ihf9mraijon Systems PLAN REDUCTIONS GEN TENTATIVE PARCEL MAP 37448 1 ASSESSORSFARMNUMMB8R0— 9 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE 2.LEGAL DESCRIPTION: PmW I d!mi P.4i7M m Mn ab ade/Ae m CaaYed,d PLANNING APPLICATION NUMBER PA17-1793 , � 1 111 OTY LP TMEG/LA \\ \ 9 EXISTING ZONING: \ sP-](mlae.n ra.Ylem a,1N ad,u) Exid Boikyl Redmronl / •1 /T\ \\ I PROPOSED ZONING: CPY PAO3-0716 / Saa e.NUMBER OF PARCELS: r \ 2 + rd n k+M LU/2milq-SP-5 \ "f B.NUMBER OF OPEN SPACE LOTS: M rma, 7.AVERAGE PARCEL SIZE: NIA GN T r4 �¢ y.r. / \1+"� B MINIMPARCEL SIZE: ` t all am IEMECULA (!clad PM 27746 1 r`1 J sr / a \ "``" B EXISTING GENERAL PUN LAND USE DESIGNATION: 4 Pmcel] +"• 1, /Y // / \` "� 94,$7 10 EX1511NG SPECIFIC PUN IDENTIFICATION: Ind No ]17123, f / " $IA C.AM3 ISp12d 515(abebn Cee/Ibfd a1,y seed) B-22-1996) / \,/ r ✓ Q� \\ "�" W/t..t-SP-5 11 EOSTUI LAND USE: p w/Lmirp-SP-s // r PSD" U12 PROPOSED USE. L E,i,t Ole Tann WMrp 1 / r J �,(�, \ "" r'/ siaT�m ei9NaL Ado,vlwm4 aMt w,x sena wd a dN VICINITY YAP // Y/ /r n � `\ \. AL 19.TOTAL ORI CM ACREAGE, See,12,Tao.R91/ APPROXIMATE EARTHWORK QUAN7777ES: ISIMSS R9alda cnr w ad,adrld 52sER Ead.,,k-.wd1 aw. EASEMENT NOTES rll. eu�1 ` r� � J / aa—Asia W I-rxam (�M wvam,nl b,a,e I„P.rm la eoG IaC Aa 4 11115 h etl,404 PCI,115 / , \\ Bk t M 17 EIECIBG SaNMn Cafamb FBa Muni fAS 5a1N,n falYank d LYIl Ban ,m1 m'uA) J FA fb m as / // \\ 60 f:o 4B 15/746 Fbnmq 6 Ilea P.O. w]Iam�Y i Aa aal,wf aW Avi e,de rr air},t ry1,Alu k bs d Padh / A • \ LU/Lml ¢-S Sm Man,to Alin �- !00.1]1-1100 Iia 01.1 Cbek Q>A Daoak d t—b PAA reed p,.A,d W M m 1516 lmeap I N.Ilea \ \ C01 ID ID M,Yun A 90 dap k—.1.0,al reme[W P1 qd.MJ5a1 \\ aM SiN 161e1 Y,v Ab.,Sh G ® M rm,wJ b„ePreml nam a,ama and 174tH„e A,1 e,IW* raaaq 11 ITMI 1d m-arced-kd.,a Mnn,r.c�i Ie.It/S \ /51-113-1111 ® a Iy�,I n e.d r Ikd h+b 1a✓kC k ad A.aaro PaB1 E.w,1M ,�/ PARCEL(2) \\ 16 T MEECULA CSD LANDSCAPE AREAS: w a/M,Ww+d7 aw IF IM•!M]ir.cav 141e1➢m b4 a„oa1]d saW T1 liIIac / / O23 ACS �F Q 17 DATE TENTATIVE MAP PREPARED: ® alwld.er,anh b,lgea 4e ad j.t—asp,,,as IAx pt f ! '`Nd '. IB TENTATIVE MAP 3H01/S ENTIRE CONTIGUOUS OWNERSHIP 51]121 r,e Ay.2;IMT. ! (9,917 AL3) } PARCEL 1 I} y 1M.SCHOOL DISTRICT`. J `} 0.95 ACS \ ramaw II,T sdd aknki GENERAL NOTES-continued ,! (41,418 au) \\ 20 THOMAS BROS.GUIDE(200B): r �'A Pal]7B toad.YI 25. 21 of Temecula PAIS-1158 end PA16-0517 approved r!J ad PM 27716 21 PROPERTY ADDRESS/LOCATION, June 21,2017. / � (E^� Parcd 1 \ Ien1 aur Ran Spd,lemab Ind.No 517123, ` 22 THIS PROPERTY IS SUBJECT TO 500 YEAR OVERFLOW 20.77-property u not 111h1n-&Mhq-ke Special B-22-1996) \ RMUNDA77ON OR FLOOD HAZARDS-as ehom an City of 5ludlas Zanv 5Mt m y 9K au b1-1 m ma h-0 /" `Temecula E-ironmental Haaarda seep. liquef-11-PM-LA.1 sed,ubaldmcc / \ X-Arena f PE 1 hence Hood; f lx (lolad Pu 4774fi / \ 23 THIS PROPERTY LIES SNI7RELY w17'1DN FEMA ZONE Parcel 4 \ �' mut eh.noe flood 11th.see ,depth.of less then DENOTES AREA OF SUSCEPTIBLE SUSIDENCE \ Ind No 317123 // \ A annual or kith drainage areas lav than I ago.-mile; 27.This property may be subject Lo pelenntolglcel \ 7-22-1996) ,r \ / and ere—protected by levees from IS annual chance aeaduwiy. LU/Zodr,g-SP-5 f J .` Hood 28.The I..tion of all kne -&Ung 1WLa,eur-rH or &id Ole Lase ParkI µ'P \ � q 24 All build! kin rtolences, L i In f \\ } sldelelka, !sella hfa`l aPPu end!sedate wMurya ed,Ux,aluYla dpaml La.11hlm o / \ n ig np'va/egrea ping an properly I,At— Ali a1wh slruclury to :de \ \ 3d , Ise noted proposed,and the and OmcUpalag anlen naiad. forommUanad,,dLI1ell future Impra—Le and 29.Perkin usages,are subject to the terms and conditions ael Parking Light Standards on Porcel 2 d TPM 97dfB // / \ \ \ forth In Nst Agreement Aad Grant of R-1 Property shell be removed \ \ ♦ Subject to and Reserving Parking Easement(the Pa'W)w Agaesmrnl�per Inst no IM-20M)me 90 Tree lclls and trees 1vt Aide a/Portal 2 of \ \ o \ .}, \ 1leY ty,IBB9 on Pareeb 1 a h 7 N_f i ed PM TPY 57de5,k.D be removed- \\ / \\ `\ `, 2Parrcels]I add 2 f T nletl-P—J Yep 3 a. (edleeUrely the Dardnanl Tenement)Aad burdens \ Parcels 2 end 9 of Waived Prod Map 27718. (edlseU L the S)y pro Tenement J LINA Perking / \ DOMINANT TENEMENT protides:ALL DRAINAGE ON THS DOYlNANT TENEMENT AND SERVIENT TENEMENT SHALL \ \ ` DRAIN AWAY FROM THE IMPROVEMENTS ON THE y \\ DOMINANT TENEMENT'Accordingly,avatar m the Daminanl Tenement shell drain from the Dominent V \ ikn--I and onto Ne Servient 7Teneent,fIncluding Old Tam 11n1 Sx / -o—y.and d 1se, n public drainage dip-U—. / See)alt for—Unu.d General Note. w a W APPLICANT/OWNER e n1.e w ea n.,lx rw.� n• PREPARED r.1+uF6au91w,1 r a swaa+mrNxeiaemx BY: FFront, a California GRAPHIC SCALE General Partnership !o+Icculrt�urma.oaurm,ntr.cts�,MxrssulNn� Attn: Neil Cleveland MWIVIG 28046 Del Rio Rd. Ste C ala bkaY aka_Sib e' Temecula, Ca 92590 tankWink un Axrotsrunro-roeslroxrlarnsvuuaew,crmruwmnAt Scale I"=20' 951-878-4148 Fax 951-676-4464 1P511Ewa (u)2&34M M nrpsNAu rare pn90 voxpweasrntxnovnwnset TPM 37448 DIRECTOR'S HEARING RESOLUTION DH RESOLUTION NO. 18- A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-1793, A TENTATIVE PARCEL MAP TO CREATE AN ADDITIONAL PARCEL FROM ONE EXISTING PARCEL AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PROJECT IS LOCATED ON THE NORTHWEST CORNER OF OLD TOWN FRONT STREET AND 1ST STREET. (APN 922-073-025) Section 1 . Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On December 27, 2017, Sherrie Munroe with MDMG, Inc. filed Planning Application No. PA17-1793, a Tentative Parcel Map 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 May 24, 2018, 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. PA17-1793 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA17-1793 conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA17-1793, hereby makes the following findings as required by City of Temecula Municipal Code Section 16.09.140 (Tentative Maps). A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable Specific Plan and the City of Temecula Municipal Code. As designed and conditioned, the proposed map is consistent with the Subdivision Ordinance, Temecula General Plan, the City of Temecula Municipal Code, and the Old Town Specific Plan. B. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. The proposed map does not impact land entered into contract pursuant to the California Land Conservation Act of 1965 or designated for conservation or agricultural use. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The proposed map subdivides 1.18 acres to allow for commercial uses. The proposed Tentative Parcel Map design is consistent with the Temecula General Plan and the development standards contained in the Old Town Specific Plan. D. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project consists of a Tentative Parcel Map on improved property. As conditioned, the project is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and conditioned by the Planning and Building and Safety Departments. As a result, the project is consistent or has been conditioned to be consistent with the City's General Plan and Municipal Code, which contain provisions to protect the health, safety, and welfare of the public. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities to the extent feasible. All development must meet all appropriate Building and Fire Code requirements as they relate to passive or natural heating or cooling opportunities. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. All acquired rights-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby Act). The project involves the creation of a Tentative Parcel Map for commercial structures. No residential units are proposed that will be subject to Quimby. Section 3. Environmental Findings. The Director of Community Development hereby makes the following environmental findings and determinations in connection with the approval of the Tentative Parcel Map 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 15315, Class 15, Minor Land Divisions) The property is located in an urbanized area zoned for residential and commercial uses. The map will create two parcels from an existing parcel and will be in conformance with the General Plan and zoning requirements. No variances or exceptions are required for the approval. All services and access to the proposed parcels are compliant with local standards. The parcel was not involved in a division of a larger parcel within the previous 2 years and the parcel does not have a slope greater than 20 percent. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA17-1793, a Tentative Parcel Map to create an additional parcel from one existing parcel and making a finding of exemption under the California Environmental Quality Act (CEQA). The project is located on the northwest corner of Old Town Front Street and 1st Street and is subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Community Development this 24th day of May, 2018. Luke Watson Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 18- was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 24th day of May 2018. Denise Jacobo, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA17-1793 Project Description: First and Front Tentative Parcel Map:A Tentative Parcel Map to create an additional parcel from one existing parcel. The project is located on the northwest corner of Old Town Front Street and 1 st Street. Assessor's Parcel No.: 922-073-025 MSHCP Category: N/A(Map, Now New Square Footage or Grading) DIF Category: N/A(Map, No New Square Footage or Grading) TUMF Category: N/A(Map, no New Square Footage or Grading) Quimby Category: N/A(Map, Non-Residential Project) New Street In-lieu of Fee: N/A(Not Located within the Uptown Temecula Specific Plan) Approval Date: May 24, 2018 Expiration Date: May 24, 2021 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashier's 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. 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. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). 6. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 2009071049. 7. 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. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Subdivision Map Act. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. An Extension of Time may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 60 days prior to the expiration date. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 10. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Prior to Recordation of the Final Map 11. Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning Division. 12. Environmental Constraint Sheet. A copy of the Environmental Constraint Sheet(ECS)shall be submitted to, and approved by, the Planning Division with the following notes: a.This property is located within 30 miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. B. This project is within a Liquefaction Hazard Zone. C. This project is within a Subsidence Zone. 13. Submittal of CC&Rs. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and approved by the Director of Community Development. The CC&Rs shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings, and all landscaped and open areas, including parkways. Applicants shall provide a deposit in the amount of $3,750.00 for the review of new CC&Rs. Amended CC&Rs will require a deposit of$2,000.00. The applicant shall be responsible for all costs incurred during the review of the CC&Rs and additional fees may be required during the course of the review. 14. Form and Content of CC&Rs. The CC&Rs shall be in the form and content approved by the Director of Community Development, City Engineer, and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and its residents. 15. Preparation of CC&Rs. The CC&Rs shall be prepared at the developer's sole cost and expense. 16. Review of CC&Rs. The CC&Rs and Articles of Incorporation of the Property Owners Association are subject to the approval of the Director of Community Development, Public Works Director, and the City Attorney. 17. CC&Rs and Management/Maintenance of Common Areas. The CC&Rs shall provide for the effective establishment, operation, management, use, repair, and maintenance of all common areas, drainage facilities, and pollution prevention devices outlined in the project's Water Quality Management Plan. 18. CC&Rs and Public Nuisance. The CC&Rs shall provide that the property shall be developed, operated, and maintained so as not to create a public nuisance. 19. Termination of CC&Rs. The CC&Rs shall provide that the association may not be terminated without prior City approval. 20. CC&Rs and Maintenance of Property. The CC&Rs shall provide that if the property is not maintained in the condition required by the CC&Rs, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&Rs or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. 21. Interest in Association. Every owner of a suite or lot governed by CC&Rs shall own as an appurtenance to such suite or lot, either: (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. 22. Maintenance of Open Areas. All open areas and landscaping governed by CC&R shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning Divisions and Public Works Department prior to the issuance of building permits. 23. Reciprocal Easements. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives, parking areas, drainage facilities, and water quality features, shall be provided by the CC&Rs or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. 24. Consent of City of Temecula. An Article must be added to every set of CC&Rs, following the Declarant's signature, to read as follows: CONSENT OF CITY OF TEMECULA The Conditions of Approval for Tentative Tract Map No. 37448 requires the City of Temecula to review and approve the CC&Rs for the Parcel. The City's review of these CC&Rs has been limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolutions of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the CC&Rs. Luke Watson Director Community Development Approved as to Form: Peter M. Thorson City Attorney 25. Consent of City of Temecula. An Article must be added to every set of CC&Rs to read as follows: Article_ CONSENT OF CITY OF TEMECULA 1. The Conditions of Approval of Tentative Tract Map Number requires the City to review and approve the CC&Rs for the Parcel. 2. Declarant acknowledges that the City has reviewed these CC&Rs and that its review is limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessment procedures, assessment enforcement, resolution of disputes or procedural matters. 3. In the event of a conflict between the Conditions of Approval of the land use entitlements issued by the City for the Parcel or Federal, State, or local laws, ordinances, and regulations and these CC&Rs, the provisions of the Conditions of Approval and Federal, State or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the CC&Rs. 4. These CC&Rs shall not be terminated, amended or otherwise modified without the express written consent of the Director Community Development of the City of Temecula. 26. Operation of Association. No lot or suite in the development shall be sold unless a corporation, association, property owners group or similar entity has been formed with the right to assess all properties individually owned orjointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&Rs,which shall include compulsory membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&Rs shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 27. Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. 28. Copies of CC&Rs. Three copies of the final recorded CC&Rs shall be provided to the Planning Division. PUBLIC WORKS DEPARTMENT General Requirements 29. Subdivision Map. The developer shall submit a complete Tentative/Final Map submittal for review and approval. Any omission to the representation of the site conditions may require the plans to be resubmitted for further review and revision. 30. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required and shall be obtained from Public Works for public offsite improvements 31. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 32. Landscaped Plans (for parkways). The developer: a. shall contact the Park/Landscape Maintenance Supervisor for a pre-design meeting to discuss design parameters. The design shall be in conformance with the Temecula Community Services District's Landscape Standards. b. his successor or assignee, shall be responsible for the maintenance of the landscaped parkways, medians or public parks until such time Public Works accepts that responsibility. 33. Underlying Approvals. The Applicant shall comply with all the underlying Conditions of Approval for First and Front Major Modification, PA15-1158, as approved on June 21, 2017. Prior to Recordation of the Final Map 34. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 35. Agreements & Securities. The developer shall execute a subdivision monumentation improvement agreements and posted securities. 36. Environmental Constraint Sheet (ECS). The developer shall prepare and record an ECS with the Parcel Map to delineate identified environmental concerns. The developer shall comply with all constraints perthe recorded ECS along with any underlying maps related to the property. 37. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. Rancho California Water District; b. Eastern Municipal Water District; c. Cable TV Franchise; d. Telephone Company; e. Southern California Edison Company; f. The Gas Company; or other affected agencies 38. Right of Access. Relinquish and waive right of access to and from Old Town Front Street on the Parcel Map with the exception of one opening as delineated on the approved Tentative Parcel Map. 39. Easements. Note the following: a. An easement shall be dedicated for the privately maintained sidewalk, public utility and reciprocal ingress/egress access for public use. b. Private easements for cross-lot drainage shall be delineated and noted on the Parcel Map. c. Easements (when required for roadway slopes, landscape, drainage facilities, utilities, etc.) shall be shown on the Parcel Map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded, as directed by Public Works. Onsite drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the Parcel Map. A note shall be added to the Parcel Map stating: "Drainage easements shall be kept free of buildings and obstructions." 40. Undergrounding Utility Systems. All utility systems including gas, electric, telephone, water, sewer and cable TV shall be provided underground (with the required easements); and shall be designed and constructed in accordance with City codes and utility provider's standards. Telephone, cable TV and/or security systems shall be pre-wired. The developer shall notify the City's cable TV franchisees of the Intent to Develop. 41. Assessments. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision, which is part of an existing Assessment District, must comply with the requirements of said section. The developer shall submit an application for reapportionment of any assessments with the appropriate regulatory agency. 42. Property Taxes. Any delinquent property taxes shall be paid. 43. Parcel Geometry. The applicant shall submit an editable projected digital version of the parcel geometry in a drawing exchange format (pursuant to Riverside County standards). Prior to final approval, the City's GIS Division shall conduct quality control on the data to verify accuracy and compatibility. Prior to Issuance of Building Permit(s) 44. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance, subject to the Parking Agreement, including but not limited to Paragraphs 7,8,9,11 and 18. 45. Prior to Issuance for the first Building Permit. a. The Developer shall submit an easement for the privately maintained access and sidewalk for public use along the vacated Second Street for review and approval by the Department of Public Works and City Attorney. b. The Hardscape Plan shall be reviewed and approved. 46. Prior to Issuance of the second Building Permit. a. The Developer shall provide a copy of the recorded easement within the vacated Second Street in favor of Rancho California Water District. b. The Developer shall provide a recorded copy for the vacated easement of Public Utilities within the vacated Second Street. c. The Developer shall provide a recorded copy for the privately maintained access and sidewalk easement for public along the vacated Second Street. 47. Construction of Street Improvements. The developer shall start construction of all public street improvements, as outlined below, in accordance to the City's Old Town Specific Plan and corresponding City standards. a. Old Town Front Street (Old Town Specific Plan Standard) to include replacement of boardwalk, tree grates and utilities (including but not limited to water and sewer). 48. Sight Distance. The developer shall limit landscaping in the corner cut off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. Prior to Issuance of a Certificate of Occupancy 49. Prior to Issuance of the first Certificate of Occupancy. The Developer shall complete the improvements on Old Town Front Street, along its property frontage, in accordance with the Old Town Specific Plan. 50. Prior to Issuance of a Certificate of Occupancy in Phase II or III per PA15-1158 Phasing Plan. The Developer shall complete the improvements along the vacated Second Street. 51. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 52. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.)for the completion of their respective facilities and provide to Public Works. 53. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 54. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. FIRE PREVENTION General Requirements 55. Fire Requirement. Fire has no conditions of approval required for this tentative parcel map. NOTICE OF PUBLIC HEARING Notice of Public Hearing s: A PUBLIC HEARING has been scheduled before the City of Temecula DIRECTOR OF COMMUNITY DEVELOPMENT to consider the matter described 1989 below: CASE NO: PA17-1793 APPLICANT: Sherrie Munroe PROPOSAL: A Tentative Parcel Map to create an additional parcel from one existing parcel. The project is located on the northwest corner of Old Town Front Street and 1 st Street. 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 (Section 15315, Class 15, Minor Land Divisions) CASE PLANNER: Eric Jones, (951) 506-5115 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Great Oak Room DATE OF HEARING: May 24, 2018 TIME OF HEARING: 1:30 p.m. Project Site ply 11 o� �Q hee! 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 Director of Community Development Meeting. At that time, the packet may also be accessed on the City's website — TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to the Director 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.—5:00 p.m. In addition,such material will be made available on the City's website—TemeculaCA.goy —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 Director of Community Development 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. R'.\1D I RECTOR'S HEARING AGENDAS\28181852418WA17-1793\17-1793 NO PH.DO CX ITEM 2 STAFF REPORT— PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: May 24, 2018 TO: Luke Watson, Director of Community Development PREPARED BY: Jaime Cardenas, Case Planner PROJECT Planning Application No. PA18-0471, a Conditional Use Permit to SUMMARY: allow for a driving school to be located at 43264 Business Park Drive, Suite 107 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: James Cavataio 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: Commercial Building / Industrial Park (IP) East: Public Facility/ Public Institutional(IP) West: Vacant Lot/ Industrial Park (IP) Existing/Proposed Min/Max Allowable or Required Lot Area: 6.0 Acres N/A (Existing Building) Total Floor Area/Ratio N/A (Existing Building) N/A (Existing Building) Parking Required/Provided: Existing 250 Spaces 24 Required (Existing On-site Reciprocal Parking) 1 BACKGROUND SUMMARY On March 29, 2018, James Cavataio submitted Planning Application PA18-0471, a Conditional Use Permit for the approval of driving school at 43264 Business Park Drive, Suite 107. 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) zoning district at 43264 Business Park Drive, Suite 107, within an existing industrial park complex. The proposed use would allow for the operation of a driver's educational school within an existing 2,100 square-foot suite. The proposed hours of operation for the business are Monday through Friday from 9:00 a.m. to 5:30 p.m. and Saturday through Sunday from 9:00 a.m. through 4:00 p.m. The business is anticipated to accommodate up to 30 students on the weekend only for lectures when most other businesses are not in operation, therefore reducing potential parking conflicts by making use of the onsite reciprocal parking. Throughout the week there are up to four staff members conducting general administrative operations. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on May 14, 2018 and mailed to the property owners within the required 1,300-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 and will not alter the structure or expand the use of the building. 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 preparing student drivers with safe driving skills taught through a variety of lessons including online and in- class courses within the facility as well as private driving lessons. The proposed in-class sessions will only be on weekends from 9:00 a.m. through 4:00 p.m. to reduce parking impacts when the adjacent businesses are less likely to be operating. The use is consistent with the City of Temecula General Plan and the Light Industrial (LI) designation, which allows for schools and vocational training 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 proposed use 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 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 City T m e c u l a PA 18-047 0 ._G—LE- ]DR r�,•�,• RANt D G%Ujujift RD +.+.�..�..�..��..�..�....,.w....t is o C� 0 250 500 Feet This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County AsesmfsDepartment - ounty,The and the Tm-Us assumes and Land y or legManagement Agency of Riverside th - NORTH Coun y.The City of Temecua assumes no wartanyorlegal espons bi lity for the information contained on this map.Data and information represented on this map are subject to update and modiflcalion,The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resalelnfcvmalfon Systems PLAN REDUCTIONS 1 0 X' j ST too IL d � � A J J v ro � 0 3 � TIr 1 b p G_ li h 1 FL40i2 9� J DH RESOLUTION DH RESOLUTION NO. 18- A RESOLUTION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0471, A CONDITIONAL USE PERMIT TO ALLOW FOR A DRIVING SCHOOL LOCATED AT 43264 BUSINESS PARK DRIVE, SUITE 107, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-020-054). Section 1. Procedural Findings. The Community Development Director of the City of Temecula does hereby find, determine and declare that: A. On March 29, 2018, James Cavataio filed Planning Application No. PA18- 0471, 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 May 24, 2018, 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 Community Development Director approved Planning Application No. PA18-0471 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA18-0471 conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Community Development Director, in approving Planning Application No. PA18-0471 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 hours of operation for the business are Monday through Friday from 9:00 a.m. to 5:30 p.m. and Saturday through Sunday from 9:00 a.m. through 4.00 p.m. The business is anticipated to accommodate up to 30 students on the weekend only for lectures when most other businesses are not in operation, therefore reducing potential parking conflicts by making use of the onsite reciprocal parking. Throughout the week there are up to four staff members conducting general administrative operations. The proposed use is consistent with the City of Temecula General Plan and the Light Industrial (LI) designation, which includes office and educational uses serving the entire community with approval of a Conditional Use Permit. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The 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 proposed use 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 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. 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. 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 within an existing industrial building and will not alter the structure or expand the use of the building. Section 4. Conditions. The Community Development Director of the City of Temecula hereby approves Planning Application No. PA18-0471, a Conditional Use Permit to allow for a driving to conduct driving safety classes, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the Community Development Director of the City of Temecula this 24th day of May, 2018. Luke Watson Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No.18- was duly and regularly adopted by the Community Development Director of the City of Temecula at a regular meeting thereof held on the 24th day of May, 2018. Denise Jacobo, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA18-0471 Project Description: Temecula Driving School CUP: a Conditional Use Permit to allow for a driving school to be located at 43264 Business Park Drive, Suite 107. Assessor's Parcel No.: 921-020-054 MSHCP Category: N/A (No New Square-Footage/Grading) DIF Category: N/A (No New Square-Footage) TUMF Category: N/A (No New Square-Footage) Quimby Category: N/A (No New Square-Footage) New Street In-lieu of Fee: N/A (Not Located Within the Uptown Temecula Specific Plan) Approval Date: May 24, 2018 Expiration Date: May 24, 2021 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a Cashier's 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 29, 2018 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 17.03.080 of the City's Development Code. 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. PUBLIC WORKS DEPARTMENT General Requirements 12. Conditions of Approval. The applicant shall comply with all Conditions of Approval and City codes/standards at no cost to any governmental agency. 13. Onsite Parking. The applicant shall ensure that there is an adequate number of on site parking spaces. If street parking is proposed, the applicant shall obtain approval from the Traffic Engineering Division prior to the event. 14. Signs. Signs advertising the event shall be placed on private property. 15. No Usage of Public Right-of-Way. Vendors and all activity shall occur on private property; no vendors shall be allowed within the public right-of-way. FIRE PREVENTION Prior to Issuance of Building Permit(s) 16. Required Submittals (Fire Sprinkler Systems). Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval if any tenant improvement work is being conducted. If no construction is being conducted then a permit will not be required. If a permit is required three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. 17. Required Submittals (Fire Alarm Systems). Fire alarm tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval if any tenant improvement work is being conducted. Every tenant space is required to have a fire alarm notification appliance. If one is not located within this tenant space one will be required prior to obtaining a certificate of occupancy. If a permit is required 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 18. 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). 19. Knox Box. A "Knox-Box" shall be provided. If one is not installed on the building one will be required to be installed. Applications for the Knox Box can be obtained from the fire department counter located in Community Development. The Knox-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 STATEMENT OF OPERATIONS Provide a written statement outlining your request for a Business License. Your response must give a detailed description of the proposed use and shall include, but is not limited to: o A detailed description of the business o Hours and days of operation o Number of employees f n ✓�al1o, S ,G 1.CA O� to JG�OTS_ Ica �P"1 a ✓` rlyJCT S N t'n hL 11 a`^J 0,/' 1C't J [),-e 6U-tiQ /Yi o .. �['k"C�E Sa l�1 b. a r �- ..,,n 1 6i 1 our o c-e r �'� -S� e ,D�� ro�� .-01 n 1-,v nP ea OGA 7 0 Ace tnovir at ,d 1 oca�u-, I veer. M - �' 5-5,� S�..n 7 1�4f - Signature _ _- Date 1A O/ vfy-\I V4,(J- (�rt ,`re Z-`3 C v ., "10i 4l u,, '^�'� c Tr-&- A-, i , C to sY O\-t.fP r S- CO�0 1, 'T7 0-� S C� CGU Ctr• p,, SAN �da� 5 C. � 1 Q^� j� •�-, t'1��n-, l��vt S d�� J.� dna /�Np e.l0'0( b qc-l<� v� ff other Department Approvals are required,0LEASE,HERRN THISFORM after signatures above have been obtained. NOTICE OF PUBLIC HEARING Notice of Public Hearing Y A PUBLIC HEARING has been scheduled before the City of Temecula DIRECTOR OF COMMUNITY DEVELOPMENT to consider the matter described below: CASE NO: PA18-0471 APPLICANT: James Cavataio PROPOSAL: PA18-0471, a Conditional Use Permit to allow for a driving school located at 43264 Business Park Drive, Suite 107. 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 (Section 15301, Class 1, Existing Facilities) CASE PLANNER: Jaime Cardenas, (951) 240-4215 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Great Oak Room DATE OF HEARING: May 24, 2018 TIME OF HEARING: 1:30 p.m. INp d �. Project Site Q, cn0 u Q'Q wi 0 500 1,000 1 Feet Notice of Public Hearing 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 Director of Community Development Meeting. At that time, the packet may also be accessed on the City's website — TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to the Director 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.—5:00 p.m. In addition,such material will be made available on the City's website—T_e_meculaCA.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 Director of Community Development 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.