AGENDA. REGULAR MEETING OF THE PLANNING COMMISSION AND PARKS AND RECREATION COMMISSION October 3, :00 P.M.

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1 AGENDA REGULAR MEETING OF THE PLANNING COMMISSION AND PARKS AND RECREATION COMMISSION October 3, :00 P.M. Adelanto Governmental Center City Council Chambers Planning Planning Commission Commission Parks Chris & Recreation Waggener, Commission Chair Chris Waggener, Mark Ferretiz, Chair Vice Chair Briar McTaggart, Keron Jones, Commissioner Keron Jessie Jones, Flores, Commissioner Commissioner Ricardo Joy Rubalcava, Jeanette, Commissioner Terry Delgado Senior Planner Commissioner Mark de Manincor Director of Development Services Charles City Rangel Attorney Curtis R. Wright, Esq. City Attorney Keith Lemieux Meetings held: 1 st and 3 rd Wednesday of the month NOTE: PLEASE TURN CELL PHONES OFF OR PLACE THEM ON VIBRATE DURING THE PLANNING / PARKS AND RECREATION COMMISSION MEETING AS A COURTESY TO OTHERS. Thank you, Administrative Staff The Planning / Parks and Recreation Commission packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the Planning / Parks and Recreation Commissioners within 72 hours of a regular meeting, shall be made available for public inspection at the reception counter in City Hall at Air Expressway, Adelanto, CA 92301, during normal business hours. Members of the public can view the agenda or download any staff reports in advance by accessing the City website at on Thursday the week before the scheduled meeting. AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (760) ext no later than 72 hours prior to the meeting. (28 CFR ADA TITLE II) A. CALL TO ORDER TIME: ROLL CALL: Commissioner Delgado Commissioner Jones Commissioner McTaggart Commissioner Rubalcava Chair Waggener INVOCATION: FLAG SALUTE: Air Expressway Adelanto, CA (760)

2 REGULAR MEETING PLANNING COMMISSION PARK AND RECREATION COMMISSION October 3, 2018 B. DELETIONS/ADDITIONS TO AGENDA 1. Director of Development Services to announce if there are any additions/removals of items from the agenda. C. PRESENTATIONS D. CONFLICT OF INTEREST Planning Commissioners will announce any possible Conflicts of Interests for the Planning Commission Meeting. E. PUBLIC COMMUNICATIONS Opened at: Closed at: Members of the public wishing to address the Planning / Parks and Recreation Commission are required to fill out a speaker card and hand it to the Clerk of the meeting. This is the time and place for members of the public to comment on any matter within the jurisdiction of the Adelanto Planning Commission or Parks and Recreation Commission. After receiving recognition from the Chair, the speaker will walk to the podium and state their name for the record. There is a time limit of three (3) minutes when giving your presentation. Members of the audience may address the Planning / Parks and Recreation Commission on non-agenda items; however, in accordance with Government Code Section , the Planning Commission may not take action on an item not appearing on the posted agenda. M S ACTION Air Expressway Adelanto, CA (760)

3 REGULAR MEETING PLANNING COMMISSION PARK AND RECREATION COMMISSION October 3, 2018 F. CONSENT CALENDAR PLANNING COMMISSION Items on the Consent Calendar are considered routine in nature, require no further discussion by the Planning Commission, and may be acted on in one motion unless a member of the Planning Commission or staff requests a separate discussion on an item. M S ACTION G. PUBLIC HEARING PLANNING COMMISSION PUBLIC HEARING OPEN: PUBLIC HEARING CLOSED: 1. Conditional Use Permit No. CUP 18-12: The applicant, Lakha Wahla, representing Lakha Wahla, LLC, requests a Conditional Use Permit to allow two schools to operate within the existing buildings located at and Rancho Road. The former will operate as a Sunday school and the later as a charter school. Assessor s Parcel Number , within the City of Adelanto, County of San Bernardino, in the Mixed Use (MU) zone. RECOMMENDATION: ADOPT Resolution P-18-26, ADOPT Findings, APPROVE Conditional Use Permit No. CUP to allow to private schools to operate at and Rancho Road Air Expressway Adelanto, CA (760)

4 REGULAR MEETING PLANNING COMMISSION PARK AND RECREATION COMMISSION October 3, 2018 RESOLUTION NO. P A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA, making findings, AND APPROVING CONDITIONAL USE PERMIT no. CUP 18-12, to ALLOW TWO PRIVATE SCHOOLS TO OPERATE WITHIN THE EXISTING BUILDINGS LOCATED AT AND RANCHO ROAD. 6,000 SQUARE-FEET OF THE BUILDING ADDRESSED RANCHO ROAD (UNITS 2, 3, AND 4) IS CURRENTLY BEING USED AS A CHURCH AND WILL ADD A PRIVATE SCHOOL COMPONENT. 5,000 SQUARE- FEET OF THE BUILDING ADDRESSED RANCHO ROAD (UNITS 3 AND 4) WILL BE A CHARTER SCHOOL FOR TAYLION ACADEMY. ASSESSOR S PARCEL NUMBER , WITHIN THE CITY OF ADELANTO, COUNTY OF SAN BERNADRINO, IN THE MIXED USE (MU) ZONE. M S ACTION H. PARKS AND RECREATION COMMISSION ITEMS M S ACTION I. PLANNING MANAGER/COMMISSIONER S ANNOUNCEMENTS AND/OR REPORTS 1. Director Development Services Comments. 2. Planning / Parks and Recreation Commissioner Comments. J. ADJOURNMENT TIME OUT: M S ACTION Air Expressway Adelanto, CA (760)

5 REGULAR MEETING PLANNING COMMISSION PARK AND RECREATION COMMISSION October 3, 2018 K. DECLARATION OF POSTING I, NYEKA ALLEN, SECRETARY OF PLANNING COMMISSION AND PARKS AND RECREATION COMMISSION, HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON SEPTEMBER 27, 2018 SEVENTY- TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE IN THE GOVERNMENTAL CENTER S DISPLAY CASE, AIR EXPRESSWAY, ADELANTO, CALIFORNIA. Nyeka Allen Nyeka Allen Secretary of Planning Commission Air Expressway Adelanto, CA (760)

6 Rich Kerr Mayor John R. Woodard Mayor Pro-Tem Ed Camargo Council Member Charley B. Glasper Council Member Joy Jeannette Council Member Jessie Flores Interim City Manager MEETING NOTICE NOTICE OF REGULAR MEETING OF THE ADELANTO PLANNING COMMISSION AND PARKS AND RECREATION COMMISSION NOTICE IS HEREBY GIVEN that the Regular Meeting of the Planning Commission will meet at the following time and place: TIME Regular Meeting: 7:00 P.M. Wednesday October 3, 2018 PLACE Adelanto Governmental Center Adelanto Council Chambers Air Expressway Adelanto, CA Nyeka Allen Nyeka Allen Secretary of Planning Commission DATED: September 27, 2018 Adelanto City Hall ~ Air Expressway, Adelanto, CA ~ (760) ~ Fax (442)

7 PLANNING COMMISSION AGENDA REPORT DATE: TO: October 3rd, 2018 Honorable Chairman and Members of the Planning Commission FROM: BY: Charles Rangel, Development Services Director Gabriella Baldassari, Project Planner SUBJECT: Conditional Use Permit 18-12: The applicant, Lakha Wahla, representing Lakha Wahla, LLC, requests a Conditional Use Permit to allow two schools to operate within the existing buildings located at and Rancho Road. 6,000 square-feet of the existing building addressed Rancho Road (units 2, 3, and 4) is currently being used as a Church, and will add a private school component. 5,000 square-feet of the existing building addressed Rancho Road (units 3 and 4) will be a charter school for Taylion Academy. Assessor s Parcel Number , within the City of Adelanto, County of San Bernardino, in the Mixed Use (MU) zone. STAFF RECOMMENDATION: ADOPT Resolution P-18-26, ADOPT Findings, APPROVE Conditional Use Permit to allow to private schools to operate at and Rancho Road. BACKGROUND: Applicant: General Location: Lahka Wahla Lakha Wahla, LLC 9134 Almond Street Alta Loma, CA The project site is located on the south side of Rancho Road, East of Fremontia Road/ Delicious Street and West of Jonathan Street, within the City of Adelanto, County of San Bernardino. Assessor s Parcel No: Environmental Determination: Exempt under Sections (Existing Facilities)

8 CUP October 3, 2018 Existing General Plan & Current Zoning Designation: Mixed Use (MU) Surrounding General Plan and Zoning: Direction General Plan Zoning North Mixed Use MU South Mixed Use MU West Mixed Use MU East Mixed Use MU Existing Land Use: Surrounding Land Uses: Rancho Road that will contain the Church associated school also contains a 2000 square-foot smog shop. The building that will contain the Charter school has a 3000 square-foot unit that is currently unoccupied restaurant space, and a 2000 square-foot unit that is an ambulance employee service facility. Also on the parcel, the building is a separate Church, and the Building is a marble countertop manufacturer. The following chart shows the surrounding land uses: Direction North South East West Church Vacant Vacant Vacant Land Use PROJECT DESCRIPTION The applicant requests approval of a Conditional Use Permit to allow two K-12 schools to operate within the existing buildings located at and Rancho Road. 6,000 squarefeet of the existing building addressed Rancho Road (units 2, 3, and 4) is currently being used as a Church, and will add a private school component. 5,000 square-feet of the existing building addressed Rancho Road (units 3 and 4) will be a charter school for Taylion Academy. FINDINGS (a) That the proposed Conditional Use is consistent with the General Plan; This project is consistent with the general plan as private schools are permitted with a Conditional Use Permit in the Mixed Use Zone. (b) That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; The surrounding properties to the East, South, and West, are vacant, therefore the parcels will not be affected by the adjacent uses. The Church to the north will not be adversely affected by the proposed uses as the buildings are existing.

9 CUP October 3, 2018 (c) That the site for the proposed Conditional Use is of adequate size and shape to accommodate the use and buildings proposed; The proposed project site is about 164,700 square feet in gross land area which exceeds the minimum lot size of 10,000 square feet. The lot depth and width both exceed the minimum requirement of 100 feet each. (d) That the proposed Conditional Use complies with all applicable development standards of the zoning district; The proposed project has been designed and conditioned to meet all applicable city zoning and development standards. (e) That the proposed Conditional Use observes the spirit and intent of this Zoning Code. The proposed project meets the requirements of the zoning code, however, to ensure all code requirements are met, a condition of approval has been added reflecting these requirements. DEVELOPMENT STANDARDS PARKING: The Church space will not be performing any tenant improvements that create new offices or classrooms at this time, therefore the parking requirement for this building will not change. The provided parking at this site currently provides 20 spaces at this building to be shared with the smog shop, which has separate space for cars being tested. Taylion Academy will see students by appointment only and will not have any sectioned off classrooms. Other parking requirements are listed below: Code Requirement Proposed Facility Required Spaces 1.5 space per classroom space per 250 sq ft office space 498 sq-ft office space 2 1 space per 5 fixed seats 44 fixed seats 9 Total Required: parking spaces are provided for this building to be shared with the restaurant space which is not currently operational, however is likely to require at least 30 spaces. There are 105 other parking spaces on the site for a total of 153 parking spaces on site. ATTACHMENTS: 1. Conditions of Approval 2. Site Plan 3. Zone Exhibit 4. Resolution P Notice of Exemption

10 RESOLUTION NO. P A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA, MAKING FINDINGS, AND APPROVING CONDITIONAL USE PERMIT NO. CUP 18-12, TO ALLOW TWO PRIVATE SCHOOLS TO OPERATE WITHIN THE EXISTING BUILDINGS LOCATED AT AND RANCHO ROAD. 6,000 SQUARE-FEET OF THE BUILDING ADDRESSED RANCHO ROAD (UNITS 2, 3, AND 4) IS CURRENTLY BEING USED AS A CHURCH AND WILL ADD A PRIVATE SCHOOL COMPONENT. 5,000 SQUARE-FEET OF THE BUILDING ADDRESSED RANCHO ROAD (UNITS 3 AND 4) WILL BE A CHARTER SCHOOL FOR TAYLION ACADEMY. ASSESSOR S PARCEL NUMBER , WITHIN THE CITY OF ADELANTO, COUNTY OF SAN BERNADRINO, IN THE MIXED USE (MU) ZONE. WHEREAS, the applicant, Lakha Wahla, representing Lakha Wahla LLC., requests to operate two private schools, one out of 6,000 square feet located at Rancho Road, and the other out of 5,000 square feet located at Rancho Road, within the City of Adelanto, County of San Bernardino; and WHEREAS, the applicant has consented to all conditions of approval; and WHEREAS, a duly noticed public hearing was held by the Adelanto Planning Commission on the proposed project on October 3rd, 2018, to hear and consider testimony for or against the proposed project; and WHEREAS, the City of Adelanto, as lead agency, determined that the project is exempt pursuant to section of the California Environmental Quality Act (CEQA), WHEREAS, a Notice of Exemption is proposed for adoption; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Planning Commission has reviewed and considered the environmental information included in the staff report prior to taking action on proposed Conditional Use Permit No. CUP The Planning Commission further finds and determines that the City has complied with the California Environmental Quality Act and the Planning Commission determinations reflect the independent judgment of the Planning Commission. SECTION 3. The Adelanto Planning Commission hereby finds the proposed project is exempt under section of the California Environmental Quality Act as the project will not have a significant effect on the environment. This project consists of allowing the use of two private schools in existing buildings in conformance with the General Plan with services including public access to the area. SECTION 4. The Planning Commission hereby finds and determines that: Conditional Use Permit No. CUP (a) That the proposed Conditional Use is consistent with the General Plan;

11 RESOLUTION NO. P October 3, 2018 Page 2 This project is consistent with the general plan as private schools are permitted with a Conditional Use Permit in the Mixed Use Zone. (b) That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; The surrounding properties to the East, South, and West, are vacant, therefore the parcels will not be affected by the adjacent uses. The Church to the north will not be adversely affected by the proposed uses as the buildings are existing. (c) That the site for the proposed Conditional Use is of adequate size and shape to accommodate the use and buildings proposed; The proposed project site is about 164,700 square feet in gross land area which exceeds the minimum lot size of 10,000 square feet. The lot depth and width both exceed the minimum requirement of 100 feet each. (d) That the proposed Conditional Use complies with all applicable development standards of the zoning district; The proposed project will be located in an existing building and will be conditioned to meet all applicable city zoning and development standards. (e) That the proposed Conditional Use observes the spirit and intent of this Zoning Code. The proposed project meets the requirements of the zoning code, however, to ensure all code requirements are met, a condition of approval has been added reflecting these requirements. SECTION 4. The Planning Commission hereby approves Conditional Use Permit No.CUP ATTACHMENTS: 1. Conditions of Approval PASSED, APPROVED AND ADOPTED by the Planning Commission this 3 rd day of October, Chris Waggener Chairman of the Planning Commission Nyeka Allen Secretary to the Planning Commission

12 RESOLUTION NO. P October 3, 2018 Page 3 I, Nyeka Allen, Planning Secretary for the Planning Commission of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. P was duly and regularly adopted at a regular meeting of the Planning Commission of the City of Adelanto on the 3rd day of October, 2018, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 3rd day of October, Nyeka Allen Secretary to the Planning Commission

13 Attachment A RESOLUTION P October 3, 2018 Conditions of Approval Conditional Use Permit No. CUP PROJECT: Conditional Use Permit No. CUP 18-12: The applicant, Lakha Wahla, representing Lakha Wahla, LLC, requests a Conditional Use Permit to allow two schools to operate within the existing buildings located at and Rancho Road. The former will operate as a Sunday school and the later as a charter school. Assessor s Parcel Number , within the City of Adelanto, County of San Bernardino, in the Mixed Use (MU) zone. Applicant: Lakha Wahla, representing Lakha Wahla, LLC. PLANNING DEPARTMENT General Conditions: 1. Approval Period. Approval of this project will become valid only after a signed copy of the City s approval letter is received by the Planning Department acknowledging acceptance of all conditions of approval. If not received within 10 working days after approval action, this approval will be null and void. This approval shall be used within two (2) years of the approval date of this project; by October 3rd, 2020, otherwise, it shall become null and void and of no effect whatsoever. Use means the beginning of the substantial construction under this approval within the two (2) year period which is thereafter diligently pursued to completion and in the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void. The Applicant shall incorporate these Conditions of Approval along with the fully executed approval letter into the Building Plans that are submitted for plan check and will incorporated as a sheet within such plans. 2. Modification to Plans. Subsequent modifications of this approval, which do not intensify the use, including but not limited to reorientation of structures, alteration of parking and circulation design, minor changes to the Conditions of Approval, interpretations of the Conditions of Approval relative to intent, necessity of, and timing, may be approved by the Development Services Director, unless the Director requires a Substantial Conformance or Revised Permit application in accordance with the City s Development Code. 3. Indemnity. The applicant shall defend (with attorneys approved by the City), indemnify and hold harmless the City of Adelanto, its agents, officers, and employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit No. CUP

14 LDP 18-04, CUP Conditions of Approval Page The City will promptly notify the permittee of any such claim, action, or proceeding against the City and will cooperate fully in the defense. 4. Fees. All fees and charges the City has or intends to adopt that are due at the time of utility connection or when building permit(s) is/are issued shall be paid, as required by the City. 5. Outstanding Costs. Any fees due to the City of Adelanto for processing this project shall be paid to the City within 30 calendar days of final action. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted by this action. No permits, site work, or other actions authorized by this entitlement shall be permitted, authorized or commenced until all outstanding fees are paid to the City. 6. Fish and Game. The applicant/owner shall pay a fee of $50 for the Department of Fish and Game determination. This fee shall be submitted to the Planning Division within two (2) days after the date of conditional approval. Payments shall be made with a Check for $50 made payable to the "Clerk of the Board of Supervisors". The Planning Division shall then file the Notice of Determination within five (5) days after the effective date of conditional approval. The applicant should be aware that Section 21089(b) of the Public Resources Code provides that any project approved under CEQA is not operative, vested or final until the required fee is paid. Proof of fee payment will be required prior to issuance of any permits. 7. City Codes. The project shall comply with all disabled access requirements of the Americans with Disabilities Act and Title 24 of the State Code, and all local requirements of the City of Adelanto Municipal Code, including Title 17 (Zoning Code). 8. Approved Uses. All new uses within the property boundaries shall be reviewed and approved by the Planning Department. Should the developer propose a more intensive use requiring additional parking spaces, additional employees, more restroom facilities, significant change from original conceptual landscaping plans, etc., and the proposed use shall be presented for review by the Planning Department for compliance with the original approval. The new proposed use may be subject, but not limited to, modifications to the Conditional Use Permit or new permits as required. 9. Building Plans. Tenant Improvement plans shall be reviewed and approved by the Development Services Department for conformance to the Conditions of Approval prior to issuance of a building permit. 10. Signage. Proposed signs for this development shall require a separate application approval by the Planning Department prior to installation. The project shall remain in full compliance with all City sign regulations at all times. 11. Parking. The project requires 11 parking spaces for the proposed Charter School, and no additional spaces for the Sunday school because no tenant improvements are being proposed. The two churches on the property will operate primarily on Sundays, therefore peak time for the Churches to utilize parking spaces will alternate with the peak time for the week day school. The project site provides 152 parking spaces and must maintain at minimum this amount of parking in order to ensure that sufficient parking spaces are provided for all uses, as well as maintain the aisles widths and parking dimensions as

15 LDP 18-04, CUP Conditions of Approval Page 3 called for by the City s Municipal Code. All parking spaces and access areas shall meet the City s requirements. All parking stalls shall be the minimum 9 x18 and all aisles shall be a minimum of 26 in width. 12. Signed Approval Letter. A signed copy of the City s approval letter shall be on file with the Planning Department. If ownership of the property or the developer of the property has changed since the original approval or issuance of grading permits, a new copy of the City approval letter shall be signed by the current development parties. 13. Landscaping and Irrigation. Landscaping and irrigation shall be consistent with the approved Landscape Plan for the project. 14. Unit Identification. Each unit shall include a lighted address fixture. This fixture shall allow for replacement of the bulbs, and shall be reviewed and approved by the Fire Department. CONSERVATION 15. Mandatory Organic Recycling in accordance with AB Contact Burrtec Robert Rios (robert@burrtec.com) for recycling information. 16. Saving by Design Southern California Edison Energy Efficiency Contact Maya Aubrey maya.aubrey@sce.com for electrical efficiency information. FIRE DEPARTMENT Applicant shall work with the Fire Department relative to any and all specific conditions.

16 Project: CUP ENGINEERING DEPARTMENT General Conditions: Date: September 26, Approval of this project in no manner obligates the City of Adelanto to extend water service, sewer service, improve streets or extend any other infrastructure to service this development. 2. The City of Adelanto shall be added insured on all insurance policies for construction of this project. Proof of insurance shall be provided prior to start of construction. 3. All improvements as required by the City Engineer shall be constructed. All infrastructure improvements required by these conditions of approval must comply with the City s standard infrastructure requirements and any specific requirements established herein. Any existing infrastructure failing to meet these requirements must be removed and reconstructed at the developer s expense to meet infrastructure requirements described herein and City Standards at the time of development. 4. All public improvements constructed in conjunction with this project shall be designed and constructed to City of Adelanto standards, Green Book Standards, and City Engineer requirements that are in effect at the time of approval or subsequent extensions of time. All improvements shall be constructed to comply with health and safety regulations or changes to State and Federal laws current at the time of construction as directed by the City Engineer. 5. Inspection. The Developer shall at all times maintain proper facilities and safe access for inspection of improvements and to the businesses or residences wherein any construction work is in progress. The Developer shall prepare and file a traffic control plan, subject to approval by the City Engineer, where construction activity may interfere with traffic. 6. The Developer shall request final inspection by the City Engineer or authorized representative upon completion of the work. If the City Engineer or designated representative determines the work has been completed in accordance with these conditions, improvement plans and City standards, then the City Engineer shall certify completion of improvements and recommend acceptance of said improvements to the City Council. 7. Permitted water consumption. Maximum water consumption per 1,000 square feet of canopy space shall be limited to 100 gallons per day. 8. Water Utility Feasibility Study. The Developer shall apply for a water feasibility study within 30 calendar days of MLDP approval. 9. A noise and avigation easement on all subdivision parcels and roadways shall be granted and conveyed to the City of Adelanto. 1J:\AGENDA ITEMS\PLANNING AGENDA ITEMS\2018\October 3, 2018\New folder\pw Conditions CUP doc

17 Project: CUP Date: September 26, Fees Required: a. At the time of first submittal of Final map, the Developer shall pay to the City of Adelanto all applicable fees. An Engineer s estimate of construction shall be prepared by the Developer and approved by the Public Works Department staff. b. At the time of requesting recordation of Final Map, the Developer shall provide to the City Performance and Labor Bonds and enter into a Subdivision Improvement Agreement. These Bonds shall guarantee setting of final survey monumentation within the proposed Map. Said deposit will be refunded after the Public Works Department Staff verifies that said monumentation has been set in accordance with the Final Map and that any required amended maps and/or certificates of correction have been recorded. c. Prior to issuance of any permits to construct public improvements, the Developer shall pay to the City of Adelanto all applicable fees. d. The Developer shall pay any applicable impact fees that may apply at the time of occupancy, including Transportation and Storm Drainage Development Impact Fees. e. Should Mello-Roos, or Community Facilities Districts, or Community Service Districts, or Assessment Districts, or other special financing districts be formed to provide for City Infrastructure or City Services, this project shall annex into the districts and pay all fees associated with annexation into the districts, and the applicant hereby agrees to waive the right to protest the formation of said districts. 2J:\AGENDA ITEMS\PLANNING AGENDA ITEMS\2018\October 3, 2018\New folder\pw Conditions CUP doc

18 Development Services Department Planning Division MEMORANDUM TO: FROM: SUBJECT: Gabriella Baldassari, Project Planner Ernest Perea, City of Adelanto CEQA Consultant CUP (Taylion Academy) California Environmental Quality Act (CEQA) Comments DATE: September 25, 2018 Project Description Conditional Use Permit (CUP) allow for 10,000 sq. ft. building for a tutoring center on 3.78 acres located in the mixed use (MU) zone. Project Location Rancho Road. APN CEQA Comments The project qualifies for an exemption under CEQA Guidelines Section Existing Facilities. Notice of Exemption A Notice of Exemption may be filed by the applicant after approval of the project. Please note that the filing of a Notice of Exemption is optional under CEQA, The filing of a Notice of Exemption and the posting on the list of notices by the County Clerk start a 35 day statute of limitations period on legal challenges to the agency s decision that the project is exempt from CEQA. If a Notice of Exemption is not filed, a 180 day statute of limitations will apply. When a public agency approves an applicant s project, either the agency or the applicant may file a Notice of Exemption. When a local agency files this notice, the notice of exemption shall be filed with the county of each county in which the project will be located. Copies of all such notices shall be available for public inspection and such notices shall be posted within 24 hours of receipt in the office of the county clerk. Each notice shall remain posted for a period of 30 days. Thereafter, the clerk shall return the notice to the local agency with a notation of the period it was posted. The local agency shall retain the notice for not less than 12 months. 1

19 When an applicant files this notice, special rules apply. (A) The notice filed by an applicant is filed in the same place as if it were filed by the agency granting the permit. If the permit was granted by a state agency, the notice is filed with the Office of Planning and Research. If the permit was granted by a local agency, the notice is filed with the county clerk of the county or counties in which the project will be located. (B) The Notice of Exemption filed by an applicant shall contain the information required in subdivision (a) together with a certified document issued by the public agency stating that the agency has found the project to be exempt. The certified document may be a certified copy of an existing document or record of the public agency. (C) A notice filed by an applicant is subject to the same posting and time requirements as a notice filed by a public agency. A filing fee may be required to file a Notice of Exemption with the County Clerk. END OF COMMENTS 2

20 CITY OF ADELANTO COMMUNITY DEVELOPMENT DEPARTMENT Notice of Exemption TO: Clerk of the Board of Supervisors FROM: City of Adelanto County of San Bernardino Planning Division 385 North Arrowhead Avenue, 2 nd Floor Air Expressway/P.O. Box 10 San Bernardino, CA Adelanto, CA Project Title: Conditional Use Permit Description of Project: Utilize 6,000 square feet of one existing 7,900 square-foot building for a private school component to be added to a o church, and 5,000 square feet of a 10,000 square-foot building for a private charter school, located in the Mixed Use (MU) zone. Project Location: and Rancho Road, within the City of Adelanto, County of San Bernardino APN: Project Proponent: Lahka Wahla Lakha Wahla, LLC 9134 Almond Street Alta Loma, CA Reasons why project is exempt: The project is exempt under CEQA guidelines section Existing Facilities Exempt Status: (check one) Ministerial (Section (b) (1); Section 15268); Declared Emergency (Section (b) (3); Section 15269(a)); Emergency Project (Section (b) (4); Section 15269(b) (c)); X_ Statutory Exemption (Section Number: ); Categorical Exemption: Class 03 (Section Number 15303) (c) The activity is not subject to CEQA (Section 15061(b) (3)) Other: Section (Subsequent EIR s and Negative Declarations). Contact Person: Gabriella Baldassari, Project Planner Phone: Ext Signature: Date: October 3, 2018 Received for Filing: (To be completed by the County) DATE SIGNATURE/TITLE

21 R-M12 MU MU BP 33, 06N05W 32, 06N05W MU 34, 06N05W R-M12 5, 05N05W R-S5 4, 05N05W R-M12 MU Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community CUP µ 1 in = 523 feet

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