Loading...
090519 DH AgendaIn 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 September 5, 2019 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 Next in Order: DH Resolution: 19-04 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 1:30 PM Project Number: PA19-0817 / PA19-0867 / PA19-0868 Project Type: Conditional Use Permit Project Title: Together We Grow CUP Applicant: Mike Pontious Project Description: A Conditional Use Permit for a vocational school, a Minor Exception for an approximately 7.5% reduction in the required parking from 26 spaces to 24 spaces; and a Modification for the installation of a playground, relocation of a trash enclosure, installation of safety fencing, a new 48" high wall around re- located electrical transformers, and the modification of existing storefront windows to accommodate storefront doors for exiting purposes. Location: 42389 Winchester Road Environmental Action: Section 15301, Class 1, Existing Facilities Project Planner: Scott Cooper, Case Planner 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 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 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. STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: September 5, 2019 TO: Luke Watson, Director of Community Development PREPARED BY: Scott Cooper, Case Planner PROJECT Planning Application Nos. PA19-0817, a Conditional Use Permit for SUMMARY: a vocational school; PA19-0867, a Minor Exception for an approximately 7.5% reduction in the required parking from 26 spaces to 24 spaces; and PA19-0868, a Modification for the installation of a playground, relocation of a trash enclosure, installation of safety fencing, a new 48" high wall around re -located electrical transformers, and the modification of existing storefront windows to accommodate storefront doors for exiting purposes. The project is located at 42389 Winchester Road. RECOMMENDATIO Adopt a Resolution approving the project subject to Conditions of N: Approval CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Mike Pontious General Plan Designation: Industrial Park (IP) Zoning Designation: Light Industrial (LI) Existing Conditions/ Land Use: Site: Commercial Building / Industrial Park (IP) North: Commercial Building / Industrial Park (IP) South: Winchester Road, Commercial Building / Industrial Park (IP) East: Commercial Building / Industrial Park (IP) West: Commercial Building / Industrial Park (IP) 1 BACKGROUND SUMMARY On June 3, 2019, Mike Pontious submitted Planning Application No. PA19-0817, a Conditional Use Permit for a vocational school and on June 12, 2019 submitted Planning Application No. PA19-0867 a Minor Exception for an approximately 7.5% reduction in the required parking from 26 spaces to 24 spaces and Planning Application No. PA19-0868 a Modification for the installation of a playground, relocation of a trash enclosure, installation of safety fencing, a new 48" high wall around re -located electrical transformers, and the modification of existing storefront windows to accommodate storefront doors for exiting purposes located at 42389 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 zoning district at 42389 Winchester Road at an existing commercial building. The Conditional Use Permit allows for a vocational school that provides educational services combined with medical care as needed for typical and medically fragile children ranging in age from infant to young adults. The educational programs are designed to meet the specific educational and supportive care needs of the children they serve in an educational environment. The hours of operation are Monday through Friday from 6:30 a.m. to 6:30 p.m. along with a "Respite" retreat offered two weekends a month which allows families the flexibility to get away or recover from the rigors of caring for a medically fragile child. The hours for the "Respite" program are Friday from 3:30 p.m. to Sunday at 6:00 p.m. The Minor Exception will allow for an approximately 7.5% reduction in required parking from 26 spaces to 24 spaces. Given that students that use this facility do not drive and are dropped off during a two hour window in the morning and are picked up during a three hour window in the afternoon, the reduction of parking spaces will not result in a parking deficiency for the project site. The main components of the Modification include: - Relocation of trash enclosure and upgrading with solid cover - New outdoor play area - Installation of safety fencing around new outdoor play area - New 48" high wall around relocated electrical transformers - Replacement of existing windows with new doors - Upgraded landscaping LEGAL NOTICING REQUIREMENTS The notice of the public hearing was published in the U-T San Diego on August 22, 2019 and mailed to the property owners within the required 600-foot radius. 2 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 project meets all General Plan and Zoning policies and regulations. The project is proposing a vocational school use, exterior modifications, and a reduction in required parking. All access and public utilities are available to the site. The proposed use is in conformance with all zoning requirements of the Development Code. FINDINGS Conditional Use Permit / Section 17.04.010.E 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 vocational school facility to operate within an existing commercial building. The proposed use is consistent with the City of Temecula General Plan and the Light Industrial zoning district, which includes vocational schools serving the entire community with approval of a Conditional Use Permit. 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. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the 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 3 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. That the decision to 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. Development Plan / Section 17.05.010.F 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; The proposed project consists of the installation of a playground, relocation of a trash enclosure, installation of safety fencing, a new 48" high wall around re -located electrical transformers, and the modification of existing storefront windows to accommodate storefront doors for exiting purposes. The General Plan allows. for vocational school uses at the project site. Therefore, the project is consistent with the General Plan for Temecula. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the project, including the site, building, and parking is consistent with, and intended to protect the health and safety of those working and living in and around the site as the project is consistent with the General Plan, City Wide Design Guidelines, and Development Code. 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. Minor Exception, Development Code Section 17.03.060.D That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property. The proposal is for a 7.5% reduction in the required parking from 26 spaces to 24 spaces. Due to the nature of the business as a vocational school for individuals that cannot drive and are dropped off the parking spaces on the project site will not be fully utilized throughout the day. The allowance for a reduction in parking will allow for the land use of a vocational school to take place at the project site. 4 The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity. Permitting this Minor Exception will not grant special privileges to the applicant and is intended to meet the intent of the General Plan which allows for vocational schools on the project site. The result of permitting this Minor Exception will not be detrimental to the public welfare or to the property of other persons as the reduction of parking will allow for the business to operate at the proposed location. The project has been reviewed 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 fiinction in a manner consistent with the protection of the public health, safety, and welfare. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. The project has been conditioned by the Planning, Fire, Building, Police, and Public Works Departments to protect the surrounding properties. The vocational school land use proposed is permitted within the Light Industrial zoning district. ATTACHMENTS 1. Aerial Map 2. Plan Reductions 3. DH Resolution (Conditional Use Permit) 4. Exhibit A - Draft Conditions of Approval 5. DH Resolution (Modification/Minor Exception) 6. Exhibit A — Draft Conditions of Approval 7. Notice of Public Hearing 5 AERIAL MAP 6 909-360-021 CITY OF TEMECU'LA PA19-0817 1 inch = 200 feet 1:2,400 0 200 t 1 Date Created: 6/10/2019 400 Feet The map PA19-0817.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification, The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale,. Visit the City of Temecula GIS online at https://lemeculaca.gov/gis PLAN REDUCTIONS ODL9-61,Z-09Z ihir-u_s3,11-loav r woo,npai,sJosno!luod 'Annus snou_Nod .1 3 1'2 2 2.E'<2 s' 0 0 W.1 NVld 3113 031_11130W 0 Id 1,1M-091-606 #NdV 'VD 'vino]vvii 'ON A31331-13NiM 68EZI, MOLDS 3M el3H13901 INOIJ 0 0 0 ON./ MUNI I) IN PIACI N ouq_ o 122 2' a g I DRAWING INDEX TV 13 irfc r. 4 ; 1 / / / / MODIFIED SITE PLAN All INI 01.4.10N SHOWN I XISIING UNI I SS NOII PRELIMINARY GRADING PLAN g 2 5 ga !' 9 a Y NV1d LIO013 am iaoW 210O13 aNZ '915 LI E-IZ0-09E06 ANdV VD 'Vlnj3W31'ON a31s3HDN,M 66EZh MOLI9 3M el 3H139O1 IN II ID COI 5-ZVZ-09Z r woo mnpaiw.snowod"mmm Sfl0IiNOd N 00IS-ZCZ 091 woo zlnloall4mo:nopuoa ww FThf11=311HUSV sn01 I NOd m�PM.avAll i� S N 0I1VA313 a0It13tx3 43I3IO0 W 1/I0O 09C-606 RNdV 03 'V1f173 W31'021 213153001AM 60809 MOLDS 3M LI3H139O13 0 m $ o WEST ELEVATION ro ! _I f ,1 . SOUTH ELEVATION 4. • 90, JO 9 00l S-ZCZ-09L 3SJf LO31IHS V ir woa ainlnaI!gaiosno!Iood mm.H SflDflNOd h-I Z0-09E-606 ONdV V7 'Vll1D3W31'ON 213153H3NIM 69E61, MOLD 3M H3 H139O1 1 J RUB NOTES: WEED BARRIER NOTE: EE NOTES: LANDSCA 44.1 MODIFIED EL NV1d 311S N13111101N30 1,1M-09C-606 NdV VO ze1S3HDNIM 69E6V MOUS 3M el3H13901 LN 3 I COIS-ZDZ-09L woo anpalloJosnoguothvoun ril 0 I _L N cl 3 OOly-ZVZ,091 woa'a]nloaIN»osnoiluod.mmm V-I ZP096-606 #NdV e,S R R 3 TJ I110311HatlV NVid N0I1I1OW30 VJ V1f173W31'O21 L'31$3HJNIM 6BEZ4 2- dS 1 �' [0NO• ilO013 ONZ '8N151 MONS 3M i3H139D1 ogr 1 g e - € i ' oo 1 a=1 �r 1- z J a z 0 0 J 2 0 0 J f- Ln LIL DH RESOLUTION (Conditional Use Permit) 8 DH RESOLUTION NO. 19- A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA19-0817, A CONDITIONAL USE PERMIT FOR A VOCATIONAL SCHOOL AT 42389 WINCHESTER ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 909-360- 021) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On June 3, 2019, Mike Pontious filed Planning Application No. PA19-0817, 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 Director of Community Development, at a regular meeting, considered the Application and environmental review on September 5, 2019, 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. PA19- 0817 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA19-0817 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. PA19-0817 hereby makes the following findings as required by Section 17.04.010.E (Conditional Use Permit) of the Temecula Municipal Code: Conditional Use Permit / Section 17.04.010.E A. 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 vocational school facility to operate within an existing commercial building. The proposed use is consistent with the City of Temecula General Plan and the Light Industrial zoning district, which includes vocational schools 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. i 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 and loading facilities, buffer areas, landscaping, and other development features prescribed in the 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 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. E. That the decision to 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); The project meets all General Plan and Zoning policies and regulations. The project is proposing a vocational school use, exterior modifications, and a reduction in required 2 parking. All access and public utilities are available to the site. The proposed use is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Director of Community Development of the City of Temecula hereby approves Planning Application No. PA19-0817, a Conditional Use Permit for a vocational school located at 42389 Winchester Road, 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 5th day of September, 2019. Luke Watson Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No.19- was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 5th day of September, 2019. Denise Jacobo, Secretary 3 EXHIBIT A DRAFT CONDITIONS OF APPROVAL (Conditional Use Permit) 9 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA19-0817 Project Description: A Conditional Use Permit for a vocational school that offers educational services combined with medical care as needed for typical and medically fragile children. Hours of operation are 6:30 a.m. to 6:30 p.m. Monday through Friday and 3:30 p.m. to 6:00 p.m. Friday through Sunday two weekends per month as part of a respite retreat. The project is located at 42389 Winchester Road. Assessor's Parcel No.: 909-360-021 MSHCP Category: N/A (no new grading) DIF Category: N/A (no new square footage) TUMF Category: N/A (no new square footage) Quimby Category: N/A (non-residential) New Street In -lieu of Fee: N/A (not located within the Uptown Temecula Specific Plan area) Approval Date: September 5, 2019 Expiration Date: September 5, 2021 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 two years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to three extensions of time, one year at a time. 5. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 6. Statement of Operations. The applicant shall comply with their Statement of Operations dated March 29, 2019, 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. 7. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 8. 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. 9. Hours of Operation. Hours of operation for the event shall be 6:30 a.m. to 6:30 p.m. Monday through Friday and two weekend per month a "respite" retreat will be offered where children will be dropped off at 3:30 p.m. on Friday and picked up on 6:00 p.m. on Sunday. PUBLIC WORKS DEPARTMENT General Requirements 10. 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. 11. Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 12. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 13. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required and shall be obtained from Public Works for any public offsite improvements. Prior to Issuance of Building Permit(s) 14. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan or a revision to the previously approved plan for review and approval by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 15. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 16. American Disability Act. The developer shall ensure that all frontage areas to the proposed development within the public right of way are ADA compliant. Any sidewalk within the public right of way found to be non -compliant shall be the responsibility of the property owner to be removed and replaced with ADA compliant sidewalk per the Streets and Highway Code Section 5610. Prior to Issuance of a Certificate of Occupancy 17. 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. 18. 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. BUILDING AND SAFETY DIVISION General Requirements 19. 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. 20. 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. The cut off date for plan submittals to be considered under the 2016 CBC is December 6, 2019. 21. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entrance of the building. c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right-of-way to all public areas on site, such as trash enclosures, clubhouses, and picnic areas. 22. 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. 23. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Depaitiuent to ensure the payment or exemption from School Mitigation Fees. 24. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 25. Obtaining 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. 26. Demolition. Demolition permits require separate approvals and permits. 27. 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. 28. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 29. 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. FIRE PREVENTION General Requirements 30. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2 '/2" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial and multi -family projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant for all and for single family dwellings and tract homes hydrants shall be 500 feet apart, and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line may be required to be a looped system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020). 31. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. Prior to Issuance of Building Permit(s) 32. Required Submittals (Fire Sprinkler Systems). 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. 33. Required Submittals (Fire Alarm Systems). 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 34. 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). 35. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 36. Knox Box. A "Knox -Box" shall be provided. 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). 37. 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, multi -family residential and industrial 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. Single family residences and multi -family residential units shall have 4-inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC Chapter 5 and City Ordinance 15.16.020). 38. Site Plan. The applicant shall prepare and submit to the Fire Depailment for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). DH RESOLUTION (Modification/Minor Exception) 10 DH RESOLUTION NO. 19- A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA19-0868, A MODIFICATION FOR THE INSTALLATION OF A PLAYGROUND, RELOCATION OF A TRASH ENCLOSURE, INSTALLATION OF SAFETY FENCING A NEW 48" HIGH WALL AROUND RE -LOCATED ELECTRICAL TRANSFORMERS, AND THE MODIFICATION OF EXISTING STOREFRONT WINDOWS TO ACCOMMODATE STOREFRONT DOORS FOR EXITING PURPOSES; AND PA19-0867 A MINOR EXCEPTION FOR AN APPROXIMATELY 7.5% REDUCTION IN THE REQUIRED PARKING FROM 26 SPACES TO 24 SPACES LOCATED AT 42389 WINCHESTER ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 909-360- 021) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On June 12, 2019, Mike Pontious filed Planning Application Nos. PA19-0867, a Minor Exception and PA19-0868 a Modification, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Director of Community Development, at a regular meeting, considered the Application and environmental review on September 5, 2019, 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 Nos. PA19- 0867 and PA19-0868 subject to Conditions of Approval, after finding that the project proposed in Planning Application Nos. PA19-0867 and PA19-0868 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 Nos. PA19-0867 and PA19-0868 hereby makes the following findings as required by Section 17.05.010.F (Development Plan) and Section 17.03.060.D (Minor Exception) of the Temecula Municipal Code: 1 Development Plan / Section 17.05.O10.F 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; The proposed project consists of the installation of a playground, relocation of a trash enclosure, installation of safety fencing, a new 48" high wall around re -located electrical transformers, and the modification of existing storefront windows to accommodate storefront doors for exiting purposes. The General Plan allows for vocational school uses at the project site. Therefore, the project is consistent with the General Plan for Temecula. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the project, including the site, building, and parking is consistent with, and intended to protect the health and safety of those working and living in and around the site as the project is consistent with the General Plan, City Wide Design Guidelines, and Development Code. 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. Minor Exception, Development Code Section 17.03.060.D A. That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property. The proposal is for a 7.5% reduction in the required parking from 26 spaces to 24 spaces. Due to the nature of the business as a vocational school for individuals that cannot drive and are dropped off the parking spaces on the project site will not be fully utilized throughout the day. The allowance for a reduction in parking will allow for the land use of a vocational school to take place at the project site. B. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity. Permitting this Minor Exception will not grant special privileges to the applicant and is intended to meet the intent of the General Plan which allows for vocational schools on the project site. The result of permitting this Minor Exception will not be detrimental to the public welfare or to the property of other persons as the reduction of parking will allow for the business to operate at the proposed location. The project has been reviewed 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 protection of the public health, safety, and welfare. 2 C. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. The project has been conditioned by the Planning, Fire, Building, Police, and Public Works Departments to protect the surrounding properties. The vocational school land use proposed is permitted within the Light Industrial zoning district. 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 project meets all General Plan and Zoning policies and regulations. The project is proposing a vocational school use, exterior modifications, and a reduction in required parking. All access and public utilities are available to the site. The proposed use is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Director of Community Development of the City of Temecula hereby approves Planning Application No. PA19-0868, a Modification for the installation of a playground, relocation of a trash enclosure, installation of safety fencing, a new 48" high wall around re -located electrical transformers, and the modification of existing storefront windows to accommodate storefront doors for exiting purposes, and PA19-0867 a Minor Exception for an approximately 7.5% reduction in the required parking from 26 spaces to 24 spaces located at 42389 Winchester Road, 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 5th day of September, 2019. Luke Watson Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No.19- was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 5th day of September, 2019. Denise Jacobo, Secretary 3 EXHIBIT A DRAFT CONDITIONS OF APPROVAL (Modification/Minor Exception) 11 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA19-0867, PA19-0868 Project Description: A Modification and Minor Exception for the installation of a playground, relocation of a trash enclosure, installation of safety fencing, a new 48" high wall around re -located electrical transformers, and the modification of existing storefront windows to accommodate storefront doors for exiting purposes. The proposed Minor Exception will allow for a reduction in the amount of required parking spaces from 26 spaces to 24 spaces which is approximately a 7.5% reduction in the required parking. The project is located at 42389 Winchester Road. Assessor's Parcel No.: 909-360-021 MSHCP Category: N/A (no new grading) DIF Category: N/A (no new square footage) TUMF Category: N/A (no new square footage) Quimby Category: N/A (non-residential) New Street In -lieu of Fee: N/A (not located within the Uptown Temecula Specific Plan area) Approval Date: September 5, 2019 Expiration Date: September 5, 2022 PLANNING DIVISION General Requirements 1. 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. 2. 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. 3. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to three extensions of time, one year at a time. 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, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 9. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 10. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 11. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 12. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 13. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. STATEMENT OF OPERATIONS 12 Section C: Statement of Operations March 29, 2019 Business Operations: Together We Grow provides educational services combined with medical care as needed for Typical and medically fragile children ranging in age from infant to young adults (Biological age up to 22 years of age). Their educational programs are designed to meet the specific educational and supportive care needs of the children they serve in an educational environment that insures that each child will reach their fullest potential as a student. Hours of Operation: Students arrive at the campus from 6:30 AM to 8:30 AM Monday through Friday and are picked up from the campus beginning around 3:30 PM to 6:30 PM Monday through Friday. Two weekends per month, 15-25 Children participate in a "Respite" retreat, which allows their families the flexibility to get away or recover from the rigors of caring for a medically fragile child. The hours of this program start at 3:30 on Friday and end at around 6:00 PM on Sunday. Number of Employees: 25-30 Security: Not Required Number of Students: 25- 30 Total Number of Parking Spaces: 36 Food Services: Typically, food service is limited to a Microwave oven for preparation. There will be some refrigeration required for food storage. No Alcohol will be onsite. No entertainment on site. SECTION D: Statement of Justification March 29, 2019 The site is ideally suited for the intended use. The educational component can be situated at the rear of the building and both interior activities and exterior activities will be shielded from the public. The activities on the campus would have zero impact on the surrounding properties regarding traffic because arrivals in the morning and pickups in the afternoon are spread out over a 3-hour period. There also would be a beneficial impact on the community at large, because this educational component is not currently available. The proposed use is 100% compatible with the existing usage. NOTICE OF PUBLIC HEARING 13 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: Applicant: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: 0 200 4C0 800 Feet Poi ill ill PA19-0817, PA19-0867, PA19-0868 Michael Pontious A Conditional Use Permit for a vocational school; a Minor Exception for an approximately 7.5% reduction in the required parking from 26 spaces to 24 spaces; and a Modification for the installation of a playground, relocation of a trash enclosure, installation of safety fencing, a new 48" high wall around re -located electrical transformers, and the modification of existing storefront windows to accommodate storefront doors for exiting purposes. The project is located at 42389 Winchester Road. 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 I, Existing Facilities) Scott Cooper, (951) 506-5137 41000 Main St., Temecula, CA 92590, City of Temecula, Great Oak Room September 5, 2019 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 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.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.