HomeMy WebLinkAbout03-04 DH ResolutionDH RESOLUTION NO. 2003-004
A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. 03-016,
A MINOR CONDITIONAL USE PERMIT TO OPERATE AN INDOOR
BASEBALL/SOFTBALL TRAINING FACILITY IN AN EXISTING
19,000 SQUARE FOOT LIGHT INDUSTRIAL BUILDING LOCATED
AT 42230 ZEVO DRIVE AND KNOWN AS ASSESSORS PARCEL
NO. 909-360-033.
WHEREAS, Thomas Kelly, filed Planning Application No. 03-016, in a manner in accord with
the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. 03-016 was processed including, but not limited to a
public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Director, at a regular meeting, considered Planning Application No.
03-016 on February 20, 2003, 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;
WHEREAS, at the conclusion of the Director Hearing and after due consideration of the
testimony, the Planning Director approved Planning Application No. 03-016 subject to the conditions
after finding that the project proposed in Planning Application No. 03-016 conformed to the City of
Temecula General Plan and the Development Code;
NOW, THEREFORE, THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
That the above recitations are true and correct and are hereby incorporated
Section 2. Findinqs. The Planning Director, in approving Planning Application No. 03-
0016 (Minor Conditional Use Permit) hereby makes the following findings as required by Section
16.09.070 of the Temecula Municipal Code:
1. The proposed conditional use is consistent with the General Plan and the
Development Code.
The proposed conditional use requests to locate an indoor baseball/softball
training facility within an existing 14,000 square foot light industrial building.
The proposed use is consistent with the goals and policies stated in the Land
Use element of the General Plan. The Land Use element encourages a
mixture of industrial and commercial uses within the Business Park (BP)
designation. The proposed use is also consistent with the Development
Code. The proposed conditional use exceeds the required parking as stated
in the Development Code.
2. 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.
P:\PLANNING'~DIRHEAR\Resolutions~003\DH Reso 03-016.doc
1
As proposed the applicant is not requesting to alter the exterior of the
building nor the previously approved site plan. The proposed conditional use
will not adversely affect the surrounding properties.
3. 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 developmeht code and required bythe planning
commission or council in order to integrate the use with other uses in the neighborhood.
As proposed the applicant is not requesting to alter the exterior of the
building nor the previously approved site plan. Staff has determined that the
existing site meets all current Development Code standards in regards to
yards, walls, fences, buffering areas and landscaping. Staff has utilized Table
17.24.040 of the Development Code and determined that the proposed use
meets the off-street parking requirements. The project has also been
determined to meet the loading area requirements for the type of use.
4. The nature of the proposed conditional use is not detrimental to the health, safety
and general welfare of the community.
The proposed use will not be detrimental to the health, safety and general
welfare of the community. The Building Department and Fire Prevention
Bureau have reviewed the project and determined that the Conditions of
Approval placed on the project will insure that health, safety, and welfare for
the community is maintained.
5. That the decision to approve, conditionally approve, or deny the application for a
conditional use permit be based on substantial evidences in view of the record as a whole before
the Planning Director or the Planning Commission on appeal.
The project has been completely reviewed, as a whole, in reference to all
applicable codes and ordinances before the Director of Planning.
Section 3. Environmental Compliance. A Notice of Exemption for Planning Application
No. 03-0016 was made per the California Environmental Quality Act Guidelines Section 15301.
Section 4. Conditions. That the City of Temecula Director of Planning hereby
conditionally approves Planning Application No. 03-016 (Minor Conditional Use Permit), A request
for a Minor Conditional Use Permit to operate an indoor baseball/softball training facility in an
existing 14,000 square foot light industrial building.
Section 5.
Planning this 20th day of February 2003.
--~ Don ~a~,~/~ncipal
PASSED, APPROVED AND ADOPTED by the City of Temecula Director of
Planner
p:\PLANNING~DIRHEAR\Resolutions~2003~DH Reso 03-016.doc
2
I, Lisa Kau, Secretary of the Temecula Director's Hearing, do hereby certify that DH
Resolution No. 2003-004 was duly and regularly adopted by the Director of Planning of the City of
Temecula at a regular meeting thereof held on the 20th day of February, 2003.
Eis~ Kau, Secretary
p:\PLANNING'~DIRHEAR\Resolutions~2003~DH Reso 03-016.doc
3
EXHIBIT A
CONDITIONS OF APPROVAL
PA03-0016 MINOR CONDITIONAL USE PERMIT
p:\pLANNING~DIRHEAR\Resolutions~2003~DH Reso 03-016.doc
4
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No.:
Project Description:
03-016 (Minor Conditional Use Permit)
A request for a Minor Conditional Use Permit to
operate an indoor baseball/softball training facility
in an existing 19,000 square foot light industrial
building.
Assessor's Parcel No.:
909-360-033
Approval Date:
February 20, 2003
Expiration Date:
February 20, 2005
PLANNING DEPARTMENT
Within
1.
Forty-Eight (48) Hours of the Approval of this Project
The applicant/developer shall deliver to the Community Development Department - Planning
Division a cashier's check or money order made payable to the County Clerk in the amount
of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the
Notice of Exemption as provided under Public Resources Code Section 21108(b) and
California Code of Regulations Section 15062. If within said forty-eight (48) hour period the
applicant/developer has not delivered to the Community Development Department -
Planning Division the check as required above, the approval for the project granted shall be
void by reason of failure of condition (Fish and Game Code Section 711.4(c)).
General Requirements
The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection 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 ali action the
City deems to be in the best interest of the City and its citizens in regards to such defense.
The applicant shall comply with all conditions of approval for Planning Application No. 97-
0138, unless superseded by these conditions of approval. All these conditions shall be
complied with prior to any occupancy or use allowed by this conditional use permit.
p:~PLANNING~DIRHEAR\ResoIutions~2003'~DH Reso 03-016.doc
5
The applicant shall comply with their Statement of Operations/Business Plan dated January
9, 2003, on file with the Community Development Department - Planning Division, unless
superceded by these conditions of approval.
This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
The permittee shall obtain City approval for any modifications or revisions to the approval of
this Conditional Use Permit.
BUILDING AND SAFETY DEPARTMENT
All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access
Regulations, and the Temecula Municipal Code.
Obtain all building plans and permit approvals prior to commencement of any construction
work.
All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans. (California Disabled Access Regulations effective April 1, 1998)
10.
Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
11.
Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
12.
Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan for plan review.
13. Provide precise grading plan at plan check submittal to check for handicap accessibility.
14.
A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
15.
Trash enclosures, patio covers, light standard and any block walls if not on the approved
building plans, will require separate approvals and permits.
16. Show all building setbacks.
17.
Signage shall be posted conspicuously at the entrance to the project that indicates the hours
of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04,
specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-
quarter mile of an occupied residence.
Monday-Friday 6:30 a.m. - 6:30 p.m.
Saturday 7:00 a.m. - 6:30 p.m.
No work is permitted on Sunday or Government Holidays
p:\PLANNING\DIRHEAR\Resolutions~003~DH Reso 03-016.doc
6
FIRE PREVENTION
18.
The following are the Fire Department Conditions of Approval for this project. All questions
regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau.
19.
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.
20.
The building must meet California Fire, Building and other codes related to fire and life
safety, and permits to alter the building or any components inside will be obtained PRIOR to
any alterations.
21.
During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will
be maintained in working order and up to their original design and performance
specifications. (CFC art.87 et al)
22.
The fire prevention bureau is required to set fire flow requirements for new or remodeled
buildings. No change is being made to the fire flow in this case, but the sprinklers will have
to be demonstrated to meet the requirements for the new intended use.
23.
As required by the California Fire Code, when any portion of the facility is in excess of 150
feet from a water supply on a public street, as measured by an approved route around the
exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire
flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2)
24.
If construction is phased, each phase shall provide approved access and fire protection prior
to any building construction. (CFC 8704.2 and 902.2.2)
25.
During building construction, all locations where structures are to be built or altered shall
maintain approved temporary Fire Department vehicle access roads for use until permanent
roads are installed. Temporary Fire Department access roads shall be an all weather
surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2)
26.
Prior to building final, all locations where structures are to be built or altered shall have
approved Fire Department vehicle access roads to within 150 feet to any portion of the
facility or any portion of an exterior wall of the building(s). Fire Department access roads
shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness
of .25 feet. (CFC sec 902)
27.
Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6)inches. (CFC 902.2.2.1)
28.
Prior to building construction, this development shall have two (2) points of access, via all-
weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1)
29.
Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers"
shall be installed to identify fire hydrant locations. (CFC 901.4.3)
p:\PLANNING~DIRHEAR\Resolutions~2003~DH Reso 03-016.doc
7
30.
Prior to issuance of a Certificate of Occupancy or building final, approved numbers or
addresses shall be provided on all new and existing buildings in such a position as to be
plainly visible and legible from the street or road fronting the property. Numbers shall be of a
contrasting color to their background. Commercial, multi-family residential and industrial
buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum
of six (6) inches in size. All suites shall give a minimum of six (6) inch high letters and/or
numbers on both the front and rear doors. Single-family residences and multi-family
residential units shall have four (4) inch letters and/or numbers, as approved by the Fire
Prevention Bureau. (CFC 901.4.4)
31.
Prior to issuance of Certificate of Occupancy or building final, based on square footage and
type of construction, occupancy or use, the developer shall install a fire sprinkler system.
Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to
installation. (CFC Article 10, CBC Chapter 9)
32.
Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be
provided. The Knox-Box shall be installed a minimum of six (8) feet in height and be located
to the right side of the main entrance door. (CFC 902.4)
33.
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 902.4)
34.
Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane painting
and or signs.
Special Conditions
35.
Prior to building permit issuance, a full technical report may be required to be submitted and
to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life
safety measures per 1998 CFC, 1998 CBC, NFPA - 13, 24, 72 and 231-C.
36.
Prior to issuance of a Certificate of Occupancy or building final a simple floor plan and plot
plan as an electronic file of the .DWG format must be submitted to the Fire Prevention
Bureau. Alternative file formats may be acceptable, contact fire prevention for approval.
37.
The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code permit.
These changes shall be submitted to the Fire Prevention Bureau for review and approval per
the Fire Code and is subject to inspection. (CFC 105)
38.
The applicant shall submit for review and approval by the Riverside County Department of
Environmental Health and City Fire Department an update to the Hazardous Material
Inventory Statement and Fire Department Technical Report on file at the city; should any
quantities used or stored onsite increase or should changes to operation introduce any
additional hazardous material not listed in existing reports. (CFC Appendix II-E)
39.
Additions affecting/adjoining/facing near other existing structures may need to be protected
or built of rated construction in accordance with code, or as an alternate method to mitigate
other code conflicts and or requirements. These specific requirements will be addressed
during the plan review process and compliance will be considered part of these conditions.
P:\PLANNING'~,DIRHEAR\Resolutions~003~DH Reso 03-016,doc
8
40.
During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will
be maintained in working order and up to their original design and performance
specifications.
TEMECULA COMMUNITY SERVICES DEPARTMENT
41.
The TCSD has reviewed the CUP for the aforementioned project and has the following
Conditions of Approval.
GENERALCONDITIONS
42.
The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
43.
All on-site landscaping, lighting and fencing shall be maintained by the property owner or
business owner association.
PRIOR TO ISSUANCE OF BUILDING PERMITS
44.
The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
By placing my signature below, I confirm that I have read, I understand and I accept all the above-
mentioned Conditions of Approval. I further understand that the property shall be maintained in
conformance with these conditions of approval and that any changes I may wish to make to the
project shall be subject to Community Development Department approval.
Applicant Name
Printed Name
P:\PLANNING~DIRHEAR\Resolutions~2003",DH Reso 03-016.doc
9