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HomeMy WebLinkAbout101118 DH Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting \[28 CFR 35.102.35.104 ADA Title II\]. AGENDA TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING MEETING OCTOBER 11, 2018 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 Next in Order: DH Resolution: 18-10 CALL TO ORDER: Luke Watson, Director of Community Development PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Community Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Director about an item not listed on the "Request to Speak" Agenda, a white form may be filled out and filed with the Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 PM Project Number: PA18-0890 Project Type: Conditional Use Permit Project Title: Christian Science Society CUP Applicant: Diana McIntosh, on Behalf of the Christian Science Society Project Description: A Conditional Use Permit to allow a religious institution to conduct services at an existing building. Location: 28780 Old Town Front Street Environmental Action: Section 15301, Class 1, Existing Facilities Project Planner: Eric Jones, Associate 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 Hearing. At that time, the agenda packet may also be accessed on the TemeculaCA.gov and will be available for public viewing at the respective meeting. Any petition for judicial review of a decision of the Community Development Director shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Community Development Director shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Supplemental material received after the posting of the Agenda Any supplemental material distributed regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM 5:00 PM). In addition, such material may be TemeculaCA.gov and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Community Development Department at the Temecula Civic Center, (951) 694-6400. STAFF REPORT PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: October 11, 2018 TO: Luke Watson, Director of Community Development FROM: Eric Jones, Associate Planner PROJECT Planning Application Number PA18-0890, a Conditional Use Permit SUMMARY: to allow a religious institution to conduct services at an existing building located at 28780 Old Town Front Street. RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Diana McIntosh on Behalf of the Christian Science Society General Plan Service Commercial (SC) Designation: Zoning Designation: Service Commercial (SC) Existing Conditions/ Land Use: Site: Existing Commercial Building / Service Commercial (SC) North: Santiago Road, Existing Commercial Structure / Specific Plan Implementation (SPI) South: Existing Commercial Structure / Service Commercial (SC) East: Interstate 15, Existing Religious Facility / Low Medium (LM) West: Old Town Front Street, Existing Commercial / Specific Plan Implementation (SPI) Existing/Proposed Min/Max Allowable or Required Lot Area: 4.48 Acres 0.92 Acres Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: 18 Space Required 232 Shared Spaces Provided BACKGROUND SUMMARY On June 27, 2018, Diana McIntosh, on behalf of the Christian Science Society, submitted Planning Application No. PA18-0890 a Conditional Use Permit (CUP) to allow for the operation of a religious institution. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The proposed CUP will allow a religious institution to operate within an existing commercial building. The facility will not feature a daycare or educational institution. The current Zoning and General Plan designations for the property is Service Commercial (SC). Per the City of Temecula Development Code (Table 17.08.030), religious institutions are required to obtain a CUP in order to operate within a Service Commercial zoning district. The facility will be operational for services on Sundays from 10:00 A.M. to 11:00 A.M. Sunday operations include a Sunday School class for children. Services will also be conducted on Wednesdays from 12:00 P.M. to 1:00 P.M. A bookstore with corresponding reading room will also be open to the public each Tuesday between 10:00 A.M. and 1:00 P.M. Per the City of the Temecula Development Code (Table 17.24.040), religious facilities without fixed seats shall be parked at a rate of 1 one space per 35 square feet of assembly area. The Floor Plan for the project indicates that the sanctuary will total 623 square feet. This square footage will require 18 parking spaces for the use. A total of 232 shared spaces are available on the project site. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on September 28, 2018 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities) The City of Temecula Development Code allows for religious facility uses to be located at the project site upon approval of a Conditional Use Permit. The use will not require any modifications to the existing structure or site. Therefore the project involves negligible or no expansion of an allowable 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 religious facility to be located within an existing commercial center. These types of uses are permitted upon approval of a Conditional Use Permit per the City of Temecula Development Code. Therefore, the use is consistent with the City of Temecula General Plan and Development Code. 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 use is permitted upon the approval of a Conditional Use Permit. As conditioned, the 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 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 proposed conditional use will not require modifications to the existing site. The site 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 designed 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 projects are not detrimental to the health, safety, and general welfare of the community. 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 has been reviewed a whole before the Director of Community Development. ATTACHMENTS 1. Vicinity Map 2. Plan Reductions 3. Resolution 4. Exhibit A - Draft Conditions of Approval 5. Statement of Operations 6. Notice of Public Hearing VICINITY MAP PLAN REDUCTIONS DRAFT D RESOLUTION DH RESOLUTION NO. 18- A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0890, A CONDITIONAL USE PERMIT TO ALLOW A RELIGIOUS INSTITUTION TO CONDUCT SERVICES AT AN EXISTING BUILDING LOCATED AT 28780 OLD TOWN FRONT STREET, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-091-003) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On July 27, 2018, Diane McIntosh on behalf of the Christian Science Society, filed Planning Application No. PA18-0890, 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 11, 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 earing and after due consideration of the testimony, the Director of Community Development approved Planning Application No. PA18-0890 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA18-0890neral Plan and Development Code. Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA18-0890, 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 religious facility to be located within an existing commercial center. These types of uses are permitted upon approval of a Conditional Use Permit per the City of Temecula Development Code. Therefore, the use is consistent with the City of Temecula General Plan and Development Code. 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 use is permitted upon the approval of a Conditional Use Permit. As conditioned, the 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. 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 proposed conditional use will not require modifications to the existing site. The site 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 designed 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 projects are not detrimental to the health, safety, and general welfare of the community. 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 has been reviewed 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 City of Temecula Development Code allows for religious facility uses to be located at the project site upon approval of a Conditional Use Permit. The use will not require any modifications to the existing structure or site. Therefore the project involves negligible or no expansion of an allowable use. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA18-0890, a Conditional Use Permit to allow a religious institution to conduct services at an existing building located at 28780 Old Town Front Street, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED Section 5. by the City of Temecula th Director of Community Development this 11 day of October, 2018 Luke Watson Director of Community Development I, Denise Jacobo, Secretary of the Temecula , do hereby certify that the forgoing DH Resolution No. 18- was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting th thereof held on the 11 day of October, 2018. Denise Jacobo, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA18-0890 Project Description: Christian Science Society Conditional Use Permit: A Conditional Use Permit to allow a religious institution to conduct services at an existing building located at 28780 Old Town Front Street. 922-091-003 Assessor's Parcel No.: N/A (No New Grading or Square Footage) MSHCP Category: N/A (No New Grading) DIF Category: TUMF Category: N/A (No New Grading) Quimby Category: N/A (Non-Residential Project) N/A (Project Not Located Within Uptown Temecula Specific Plan) New Street In-lieu of Fee: Approval Date: October 11, 2018 October 11, 2020 Expiration Date: PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. This approval shall be used within 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 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. 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. 7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. Reciprocal Use Agreement. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Division a copy of a recorded Reciprocal Use Agreement, which provides for cross-lot access and parking across all lots. 9. Statement of Operations. The applicant shall comply with their Statement of Operations dated June 22, 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. 10. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 11. City Review and Modification of CUP. The City, its Director of Community Development, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Director of Community Development, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its Director of Community Development, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 12. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PUBLIC WORKS DEPARTMENT General Requirements 13. Conditions of Approval. The applicant shall comply with all Conditions of Approval and City codes/standards at no cost to any governmental agency. 14. 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. 15. Signs. Signs advertising the event shall be placed on private property. 16. 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. 17. Replacement of Damaged Improvements. The applicant shall replace any damaged pavement, curb, gutter, or landscaping within public right-of-way or on private property caused as a result of the event. 18. Water Quality. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscaped debris and waste from entering storm drain systems or from leaving the property. Spills and leaks must be cleaned up immediately; hosing down parking areas, sidewalks, alley or gutters is not allowed. Ensure that all materials and products stored outside are protected from the rain. Ensure that all trash bins are covered at all times. 19. Portable Restrooms. Any and all portable restroom facilities shall have secondary containment. BUILDING AND SAFETY DIVISION General Requirements 20. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building plans are reviewed and submitted to Building and Safety. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 21. 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, Temecula Municipal Code. 22. ADA Access. Provide details of all applicable disabled access provisions and building setbacks on the plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entry. 23. Obtain Approvals and Permits. Applicant must obtain all building plans and permits prior to occupancy. Maximum Occupancy for this tenant space is 49. The occupancy sign shall be posted in a conspicuous place near the main exit or exit access doorway from the room or space. 24. Non-construction C of O. A non-construction Certificate of Occupancy shall be required prior to the release of the tenant space for operation. FIRE PREVENTION General Requirements 25. Fire Requirement. The building is a non-sprinklered building therefore no sprinkler or fire alarm permits will be required. STATEMENT OF OPERATIONS 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: APPLICANT: PA18-0890 Diana McIntosh PROPOSAL: A Conditional Use Permit to allow a religious institution to conduct services at an existing building located at 28780 Old Town Front Street. ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 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: TIME OF HEARING: October 11, 2018 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 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 av 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.