Loading...
HomeMy WebLinkAbout18-04 DH Resolution DH RESOLUTION NO. 18-04 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, I 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 o the City of Temecula this 24th day of May, 2018. uke Watson Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No.18-04 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, Sec ry 3 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA18-0471 Project Description: 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 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).