HomeMy WebLinkAbout03-21 DH ResolutionDH RESOLUTION NO. 2003-021
A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA03-0400, A MINOR CONDITIONAL USE PERMIT TO
OPERATE A VETERANS OF FOREIGN WAR POST (POST
4089) WITHIN 750 SQUARE FEET OF AN EXISTING 28,000
SQUARE FOOT BUILDING TO INCLUDE A TYPE 52 LIQUOR
LICENSE (VETERAN'S CLUB) LOCATED AT 28075 DIAZ
ROAD AND KNOWN AS ASSESSORS PARCEL NO. 921-040-
028.
WHEREAS, Veterans of Foreign War Post 4089, filed Ptanning Application No. PA03-
0400, in a manner in accord with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. PA03-0400 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. PA03-0400 on August 28, 2003, at a duly noticed public hearing as prescribed by law, at
which time the City staff and interested persons had an oppodunity 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. PA03-0400 subject to the
conditions after finding that the project proposed in Planning Application No. PA03-0400
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. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. Findinqs. The Planning Director, in approving Planning Application No.
PA03-0016 (Minor Conditional Use Permit) hereby makes the following findings as required by
Section 16.09.070 of the Temecula Municipal Code:
A. The proposed conditional use is consistent with the General Plan and the
Development Code.
The proposed conditional use requests to locate a Veterans of Foreign War Post within
an existing 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.
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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.
As proposed the applicant is not requesting to alter the exterior of the building nor the
previously approved site plan. The proposed conditional use wi//not adversely affect
the surrounding properties.
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.
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.
D. 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.
E. 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.
Section3. Environmental Compliance. A Notice of Exemption for Planning
Application No. PA03-0016 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. PA03-0400 (Minor Conditional Use Permit), A
request for a Minor Conditional Use Permit to operate a Veterans of Foreign War Post (Post
4089) within 750 square feet of an existing 28,000 square foot building to include a Type 52
liquor license (Veterans Club) located at 28075 Diaz Road, set forth on Exhibit A, attached
hereto, and incorporated herein by this reference together with any and all necessary conditions
that may be deemed necessary.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director
of Planning~
Don Hazen, Principal Pla~ ]
Adria Y.McClanaha ;ecretary of
I, ~n,~"S the Temecula Director's Hearing, do hereby certify
that DH Resolution No. 2003-021 was duly and regularly adopted by the Director of Planning of
the City of Temecula at a regular meeting thereof held on the 28th day of August, 2003.
Ad'ia Y~ I~lc~'a~an', Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
PA03-0400 MINOR CONDITIONAL USE PERMIT
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No.:
PA03-0400 (Minor Conditional Use Permit)
Project Description:
A request for a Minor Conditional Use Permit to
operate a Veterans of Foreign War Post (Post
4089) within 750 square feet of an existing
28,000 square foot building to include a Type 52
liquor license in an existing building located at
28075 Diaz Road.
Assessor's Parcel No.:
921-040-028
Approval Date:
Expiration Date:
August 28, 2003
August 28, 2005
PLANNING DEPARTMENT
Within 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 all action the City deems to be in the best interest
of the City and its citizens in regards to such defense.
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The applicant shall comply with all conditions of approval for Planning Application No.
PA03-0400. All these conditions shall be complied with prior to any occupancy or use
allowed by this conditional use permit.
The applicant shall comply with their Statement of Operations dated July 21, 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.
7. Regular hours of operation shall be between 3 p.m. and 10 p.m., six days each week.
If after commencement of the Veterans of Foreign War Post under the conditional use
permit, the active use of the conditional use permit is discontinued for a period of three
years, then the conditional use permit shall be deemed abandoned.
POLICE DEPARTMENT
Meet with the Special Teams Sergeant to provide information and discuss responsible
business practices. Personnel from the Department of Alcoholic Beverage Control
(ABC) will also be invited.
10.
Schedule and on-site meeting to review security needs as well as Crime Prevention
Through Environmental Design (CPTED).
11.
Schedule an on-site Temecula Police Department training program with ABC. To review
laws, regulations and responsible alcohol sales practices with business employees and
management.
BUILDING AND SAFETY DEPARTMENT
12.
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.
13.
Submit at time of plan review, a complete exterior site lighting plans showing compliance
with Ordinance No. 655 for the regulation of light pollution. All streetlights and other
outdoor lighting shall be shown on electrical plans submitted to the Department of
Building and Safety. Any outside lighting shall be hooded and directed so as not to shine
directly upon adjoining property or public rights-of-way. For any exterior lighting
changes proposed.
14.
Obtain all building plans and permit approvals prior to commencement of any
construction work.
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15.
All building and facilities must comply with applicable disabled access regulations.
Provide all details on plans. (California Disabled Access Regulations effective April
1, 1998)
16. Provide disabled access from the public way to the main entrance of the building.
17. Provide van accessible parking located as close as possible to the main entry.
18. Show path of accessibility from parking to furthest point of improvement.
19.
Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
20.
A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
21. Show all building setbacks.
22.
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
FIRE PREVENTION
23.
Final fire and life safety conditions will be addressed when the Fire Prevention Bureau
reviews building plans. 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.
24.
The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The
developer shall provide for this project, a water system capable of delivering 2250 GPM
at 20-PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM
for a total fire flow of 3100 GPM with a 3-hour duration. The required fire flow may be
adjusted during the approval process to reflect changes in design, construction type, or
automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire
Flow as given above has taken into account all information as provided. (CFC 903.2,
Appendix Ill-A)
25.
The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix Ill-B, Table A-III-B-1. A minimum of 2 hydrants, in a combination of on-site and
off-site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and
adjacent public streets.
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26.
27.
28.
29.
30.
31.
32.
33.
34.
Hydrants shall be spaced at 450 feet apart, at each intersection and shall be located no
more than 225 feet from any point on the street or Fire Department access road(s)
frontage to a hydrant. The required fire flow shall be available from any adjacent
hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC
903.2,903.4.2, and Appendix Ill-B)
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. (CFC 903.2)
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)
Prior to building construction, all locations where structures are to be built shall have
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. GV~N. (CFC 8704.2 and 902.2.2.2)
Prior to building final, all locations where structures are to be built 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)
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)
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)
Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall
be signed by a registered civil engineer; contain a Fire Prevention Bureau approval
signature block; and conform to hydrant type, location, spacing and minimum fire flow
standards. After the local water company signs the plans, the originals shall be
presented to the Fire Prevention Bureau for signatures. The required water system
including fire hydrants shall be installed and accepted by the appropriate water agency
prior to any combustible building materials being placed on an individual lot. (CFC
8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1)
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)
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)
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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)
35.
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)
36.
Prior to issuance of Certificate of Occupancy or building final, based on a requirement
for monitoring the sprinkler system, occupancy or use, the developer shaft install an fire
alarm system monitored by an approved Underwriters Laboratory listed central station.
Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation.
(CFC Article 10)
37.
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 (6) feet in height and be
located to the right side of the main entrance door. (CFC 902.4)
38.
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.
39.
Prior to the building final, speculative buildings capable of housing high-piled
combustible stock, shall be designed with the following fire protection and life safety
features: an automatic fire sprinkler system(s) designed for a specific commodity class
and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains,
Fire Department access doors and Fire department access roads. Buildings housing
high-piled combustible stock shall comply with the provisions California Fire Code Article
81 and all applicable National Fire Protection Association standards. (CFC Article 81)
Special Conditions
40.
Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a
simple floor plan, each 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.
41.
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)
TEMECULA COMMUNITY SERVICES DEPARTMENT
GENERAL CONDITIONS
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.
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PRIOR TO BUILDING PERMITS
43.
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 Printed Name
Applicant Signature Date
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