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102419 DH Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, pleasecontact 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 October 24, 2019 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 Next in Order: DH Resolution: 19-05 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: PA19-0369 Project Type: Conditional Use Permit Project Title: Lolos Hacienda CUP Applicant: Gladys Horowitz Project Description: A Conditional Use Permit to allow for a bed and breakfast establishment to operate from an existing custom home. Location: 30835 Lolita Road Environmental Action: Section 15301, Class 1, Existing Facilities Project Planner: Eric Jones, Case Planner ADJOURNMENT 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 Stre 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 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 Luke Watson, Director of Community Development TO: Eric Jones, Associate Planner FROM: October 24, 2019 DATE OF MEETING: Eric Jones, Case Planner PREPARED BY: PROJECT Planning Application Number PA19-0369, a Conditional Use Permit SUMMARY: to allow for a bed and breakfast establishment to operate from an existing custom home located at 30835 Lolita Road Adopt a Resolution approving the project subject to Conditions of RECOMMENDATION: Approval Categorically Exempt CEQA: Section 15301, Class 1, Existing Facilities PROJECT DATA SUMMARY Gladys Horowitz Name of Applicant: General Plan Very Low (VL) Residential Designation: Very Low (VL) Residential Zoning Designation: Existing Conditions/ Land Use: Site: Existing Single Family Custom Home / Very Low (VL) Residential North: Existing Single-Family Custom Home and Related Structures / Very Low (VL) Residential South: Vacant Lot, Existing Single-Family Homes / Very Low (VL) Residential East: Existing Single-Family Homes, Vacant lots / Very Low (VL) Residential West: Existing Single-Family Homes, Vacant lots / Very Low (VL) Residential 1 Existing/Proposed Min/Max Allowable or Required 14.7 Acres 2.5 Acres Lot Area: N/A N/A Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: 7 Spaces 7 Spaces Parking Required/Provided: AFFORDABLE HOUSING Located in Affordable Housing Overlay Zone (AHOZ)? Yes No AHOZ Gain/Loss: +/- Units: N/A BACKGROUND SUMMARY On March 4, 2019, Gladys Horowitz submitted Planning Application PA19-0369. The application is for a Conditional Use Permit that will allow a Bed and Breakfast establishment to be operated from within an existing single-family custom home. The applicant has proposed no changes to the on-site structures or the site plan as part of the application. This will allow the property to retain its existing residential/single-family character. 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 Lol-family custom home located within a Very Low (VL) residential zoning district. The home features five suites and seven bathrooms that will be used for guest lodging. The project site totals approximately 14.7 acres and is surrounded by existing single-family homes and vacant parcels. The bed and breakfast will be operated seven days a week. Three employees, plus a maid service, gardeners, and handyman will be employed by the establishment. Also, an inn keeper will live on-site and manage day-to- day operations. The applicant anticipates serving four to twelve guests each weekend. These guests will be able to enjoy amenities such as bocce ball, tennis, local hiking trails, swimming pool and spa, three hole putting green, volleyball, horseshoes, and a large outdoor chess board. Service of meals will be for registered guests only. Check in for guests will be at 2:00 P.M. Check out will be at 11:00 A.M. The City of Temecula Development Code (Section 17.24.020.D.l), states, that in addition to the residential parking requirements, one off-street parking space shall be provided for each guest 2 room of a bed and breakfast. The establishment will include five suites that will be used to lodge guests. Seven parking spaces are proposed. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the SD Union Tribune on October 10, 2019 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities) The bed and breakfast will be operated from an existing single-family custom home within a VL residential district. The use is permitted upon the approval of a Conditional Use Permit (CUP) and has thus been previously analyzed in the General Plan Environmental Impact Report (EIR). Operation of the bed and breakfast will represent a negligible expansion of the residential use. FINDINGS Conditional Use Permits (Section 17.04.010) The proposed conditional use is consistent with the General Plan and the Development Code. The conditional use will allow a bed and breakfast to operate within an existing single-family custom home in a Very Low (VL) residential zoning district. These types of uses are permitted by the General Plan and Development Code upon the approval of a Conditional Use Permit. Negative impacts are not anticipated. 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 use is permitted upon the approval of a CUP and has been reviewed to ensure consistency with the General Plan and Development Code. These governing documents contain provisions designed to ensure the project is compatible with the nature, condition and development of adjacent uses, buildings and structures. In addition, the project is located on a large lot totaling approximately 14.7 acres. This parcel size makes it less likely the bed and breakfast operations will impact surrounding residents. The project is not anticipated to 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 this Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. 3 The site already contains approximately 9,000 square feet of structures and is on a parcel totaling approximately 14.7 acres. In addition, no modifications to the structures or site are proposed as part of the application. The project site is anticipated to be 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 Director of Community Development 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. The project has been reviewed to ensure consistency with the Development, Building, and Fire Codes. These codes contain provisions designed to ensure for the public health, safety and general welfare. Negative impacts are not anticipated. 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 Director, Planning Commission, or City Council on appeal. The decision to conditionally approve the application is based on substantial evidence in view of the record as a whole before the Director of Community Development. 1. Vicinity Map ATTACHMENTS: 2. Plan Reductions 3. DH Resolution 4. Exhibit A - Draft Conditions of Approval 5. Statement of Operations 6. Notice of Public Hearing 4 VICINITY MAP PLAN REDUCTIONS DRAFT D RESOLUTION DH RESOLUTION NO. - A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA19-0369, A CONDITIONAL USE PERMIT TO ALLOW FOR A BED AND BREAKFAST ESTABLISHMENT TO OPERATE FROM AN EXISTING CUSTOM HOME LOCATED AT 30835 LOLITA ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN: 945- 180-014) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On March 4, 2019, Gladys Horowitz, on behalf of the , filed Planning Application No. PA19-0369, a Conditional Use Permit Application, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Director of Community Development, at a regular meeting, considered the Application and environmental review on October 24, 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 earing and after due consideration of the testimony, the Director of Community Development approved Planning Application No. PA19- 0369 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA19-0369neral Plan Development Code. Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA19-0369, hereby makes the following findings as required by Development Code Section 17.04.010 (Conditional Use Permits). A. The proposed use is in conformance with the General Plan and the Development Code.; The conditional use will allow a bed and breakfast to operate within an existing single- family custom home in a Very Low (VL) residential zoning district. These types of uses are permitted by the General Plan and Development Code upon the approval of a Conditional Use Permit. Negative impacts are not anticipated. 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 use is permitted upon the approval of a CUP and has been reviewed to ensure consistency with the General Plan and Development Code. These governing documents contain provisions designed to ensure the project is compatible with the nature, condition and development of adjacent uses, buildings and structures. In addition, the project is located on a large lot totaling approximately 14.7 acres. This parcel size makes it less likely the bed and breakfast operations will impact surrounding residents. The project is not anticipated to 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 this Development Code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. The site already contains approximately 9,000 square feet of structures and is on a parcel totaling approximately 14.7 acres. In addition, no modifications to the structures or site are proposed as part of the application. The project site is anticipated to be 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 Director of Community Development 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. The project has been reviewed to ensure consistency with the Development, Building, and Fire Codes. These codes contain provisions designed to ensure for the public health, safety and general welfare. Negative impacts are not anticipated. 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 director, planning commission, or city council on appeal. The decision to conditionally approve the application is 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 bed and breakfast will be operated from an existing single-family custom home within a VL residential district. The use is permitted upon the approval of a Conditional Use Permit (CUP) and has thus been previously analyzed in the General Plan Environmental Impact Report (EIR). Operation of the bed and breakfast will represent a negligible expansion of the residential use. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA19-0369, a Conditional Use Permit to allow for a bed and breakfast establishment to operate from an existing custom home located at 30835 Lolita 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 th Director of Community Development this 24 day of October, 2019 Luke Watson Director of Community Development I, Denise Jacobo, Secretary of the Temecula , do hereby certify that the forgoing DH Resolution No. 19- was duly and regularly adopted by the Director of th Community Development of the City of Temecula at a regular meeting thereof held on the 24 day of October, 2019 Denise Jacobo, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA19-0369 Project Description: Lolo's Hacienda Bed & Breakfast Conditional Use Permit: A Conditional Use Permit to allow for a Bed and Breakfast at an existing custom home located at 30835 Lolita Road. 945-180-014 Assessor's Parcel No.: N/A (No New Square Footage or Grading) MSHCP Category: N/A (No New Square Footage) DIF Category: TUMF Category: N/A (No New Square Footage) Quimby Category: N/A (No New Square Footage) N/A (Project not Located within the Uptown Temecula Specific Plan) New Street In-lieu of Fee: Approval Date: October 24, 2019 October 24, 2021 Expiration Date: PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. This approval shall be used within 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 five extensions of time, one year at a time. 5. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 7. Statement of Operations. The applicant shall comply with their Statement of Operations dated April 8, 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. 8. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of 9. 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. 10. Bed and Breakfast Operations. The Bed and Breakfast facility shall operate in the following manner: 1. Owner/lessee shall reside in the primary residence and operate the business. 2. The exterior appearance of the structure shall have a residential/single-family character. 3. Service of meals shall be for registered guests only. 4. There shall be no separate/additional kitchens for the guests. 5. No guest shall stay more than fourteen consecutive days in any thirty-day period. s hotel/motel room tax. 7. The bed and breakfast shall meet all the requirements of the city fire department and county health department. 8. No receptions, private parties or similar activities, for which a fee is paid shall be permitted at the bed and breakfast. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 11. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DIVISION General Requirements 12. Compliance with Code. Any added components to the property 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 existing home must be in compliance with the Building Codes in affect at the time of construction with the exceptions listed below. 1. Smoke detectors shall be installed in the following areas: In each sleeping room Outside each sleeping area in the immediate vicinity of the bedrooms On each additional story of the dwelling, including basements and habitable attics. In dwelling or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provide that the lower level is less than 1 full story below the upper level. bathroom or shower unless this would prevent placement of a smoke alarm required by Section R314.3 of the 2016 CRC. 2. Carbon Monoxide Alarms shall be provided in dwelling units where either or both of the following conditions exists: The dwelling unit contains a fuel-fired appliance or fireplace. The dwelling unit has an attached garage with an opening that communicates with the dwelling unit. 3. Carbon Monoxide alarms shall be installed and maintained in accordance with the manufactures published instructions in the following locations: Outside of each sleeping area in the immediate vicinity of the bedrooms On every level of a dwelling unit, including basements. Where a fuel burning appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm shall be installed within the bedroom. A Building Permit for Inspection of the property will be required. FIRE PREVENTION General Requirements 13. 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. 14. Fire Requirement. The existing home is non-sprinklered. Since per the California Building Code, there is no actual change in occupancy classification, the home will not be required to be retrofitted with residential fire sprinklers. The proposed use will only have 5 rooms for the bed and breakfast and owners will be living on the site. Prior to Issuance of Grading Permit(s) 15. All Weather Access Roads. Fire apparatus access roads shall not be blocked with vehicles. Cars will not allowed to be parked around the roundabout in the driveway. Prior to Issuance of Certificate of Occupancy 16. 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 firefighting personnel (CFC Chapter 5). 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NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula DIRECTOR OF COMMUNITY DEVELOPMENT to consider the matter described below: CASE NO: PA19-0369 APPLICANT: Galdys Horowitz PROPOSAL: A Conditional Use Permit to allow for a bed and breakfast establishment to operate from an existing custom home located at 30835 Lolita Road ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1, Existing Facilities). 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: October 24, 2019 TIME OF HEARING: 1:30 p.m. The complete agenda packet (including any supplemental materials) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Director of Community Development Meeting. At that time, the packet may also be accessed on the Cit 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. 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 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.