HomeMy WebLinkAbout04_029 PC Resolution
PC RESOLUTION NO. 2004-029
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA04-0152, A CONDITIONAL USE PERMIT APPLICATION
FOR A 13,777 SQUARE FOOT SCHOOL FACILITY, LOCATED
AT 29275 SANTIAGO ROAD.
WHEREAS, MDMG, Inc. filed Planning Application No. PA04-0152, in a manner in
accord with the City of Temecula General Plan, Development Code;
WHEREAS, Planning Application No. PA04-0152 was processed including, but not
limited to a public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered Planning
Application No. PA04-0152 on June 2, 2004, 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 Planning Commission Hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application No.
PA04-0152 subject to the conditions after finding that the project proposed in Planning
Application No. PA04-0152 conformed to the City of Temecula General Plan and Development
Code;
NOW, THEREFORE, THE PLANNING COMMISSION 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 Commission, in approving Planning Application
No. PAO4-0152 (Conditional Use Permit) hereby makes the following findings as required by
Section 17.04.010 of the Temecula Municipal Code:
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The proposal, a private school building, is consistent with the land use designation and
policies reflected in the Rancho Highlands Specific Plan and land use standards in the
City of Temecula General Plan and the City's Development Code. The site is therefore
properly planned and zoned and found to be physically suitable for the type of the
proposed use. The project as conditioned is also consistent with other applicable
requirements of State law and local ordinance, including the California Environmental
Quality Act (CEQA).
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;
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The proposed conditional use is compatible with the nature, condition ad development of
adjacent uses, buildings, and structures and the proposed conditional use will not
adversely affect the adjacent uses, buildings or structures because the project site is an
addition to an existing school facility. The building is designed to blend with the
surrounding development and therefore 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 City Council in order to integrate the use with other uses in the
neighborhood;
The site of this proposed conditional use is an addition to an existing private school
facility. The site is adequate in size and shape to accommodate the proposed school
without affecting the yard, parking and, landscaping, and other development features
prescribed in the Development Code.
D. The nature of the proposed conditional use is not detrimental to the health, safety
and general welfare of the community;
The proposed Conditional Use Permit includes an addition to an existing private school
facility. The nature if this use is not detrimental to the health, safety and general welfare
of the community because the proposed project is providing a service that is need in the
surrounding community and it has been designed to minimize any adverse impacts,
including health, safety and general welfare to the community.
Section 3. Environmental Compliance, A Notice of Exemption has prepared and
adopted by the Director of Planning in accordance with Class 32, Section 15332 of CEQA
Guidelines. Whereas, no further environmental review if required for the proposed project.
Section 4. Conditions. That the City of Temecula Planning Commission hereby
approves Planning Application No.PA04-0152 (Conditional Use Permit) located at 29275
Santiago Road, subject to the conditions of approval set forth on Exhibit A, attached hereto, and
incorporated herein by this reference together with any other conditions that may be deemed
necessary,
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 2nd day of June 2004,
ATTEST:
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.~..;Q.E¡bbie Ubnó:,¡kfj, Secretary
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
)
) ss
)
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2004-029 was duly and regularly adopted by the Planning Commission
of the City of Temecula at a regular meeting thereof held on the 2nd day of June 2004, by the
following vote of the Commission:
AYES: 4
NOES: 0
ABSENT:
ABSTAIN: 0
PLANNING COMMISSIONERS:
Chiniaeff, Mathewson, Olhasso
Telesio
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
None
Guerriero
PLANNING COMMISSIONERS:
None
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No. PA04-0152 (Conditional Use Permit)
A Conditional Use Permit for a 13,777 square foot
school facility, located at 29275 Santiago Road
Development Impact Fee: Commercial
Project Description:
Approval Date:
June 2, 2004
June 2, 2006
Expiration Date:
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
1.
The applicant/developer shall deliver to the Planning Department 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 211 08(b) and California
Code of Regulations Section 15062. If within said forty-eight (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 Game Code Section 711.4(c)).
General Requirements
2.
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.
3.
This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void, By use is meant the beginning of substantial construction
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4.
5,
6.
7.
8.
9.
contemplated by this approval within the two (2) year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
The Director of Planning may, upon an application being filed within thirty days prior to
expiration and for good cause, grant a time extension of up to three, one-year
extensions of time, one year at a time.
The applicant shall sign both copies of the final conditions of approval that will be
provided by the Planning Department staff, and return one signed set to the Planning
Department for their files.
The applicant shall comply with their Statement of Operations dated February 27, 2004,
(attached) on file with the Planning Department, 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.
The applicant shall submit a final noise study to verify that the proposed project will
comply with maximum noise attainable levels outlined in the City's Noise Element in the
General Plan (Max. 45 db CNEL interior space and Max, 70 db CNEL outdoor play
areas),
10.
If at any time during excavation/construction of the site, archaeological/cultural
resources, or any artifacts or other objects which reasonably appears to be evidence of
cultural or archaeological resource are discovered, the property owner shall immediately
advise the City of such and the City shall cause all further excavation or other
disturbance of the affected area to immediately cease. The Director of Planning at
his/her sole discretion may require the property to deposit a sum of money it deems
reasonably necessary to allow the City to consult and/or authorize an independent, fully
qualified specialist to inspect the site at no cost to the City, in order to assess the
significance of the find. Upon determining that the determination is not an
archaeological/cultural resource, the Director of Planning shall notify the property owner
of such determination and shall authorize the resumption of work. Upon determining
that the discovery is an archaeological/cultural resource, the Director of Planning shall
notify the property owner that no further excavation or development may take place until
a mitigation plan or other corrective measures have been approved by the Director of
Planning.
The applicant shall provide adequate onsite parking to meet the minimum parking
demand of 55 spaces, or provide planning staff with a recorded off-site parking
agreement consistent with Section 17.24.020.E.
11.
12.
Upon occupancy of the proposed building, all classrooms currently in use, shall be
converted to storage space only.
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POLICE DEPARTMENT
13.
14,
15.
16.
17.
18,
Landscaping: Applicant shall ensure all landscaping surrounding the building are kept at
a height of no more than three feet (3') or below the ground floor windowsills. Plants,
hedges and shrubbery should be defensible plants to deter would-be intruders from
breaking into the building utilizing lower level windows.
a. Applicant should ensure all trees surrounding the building roof top be kept at a
distance so as to deter roof accessibility by "would-be burglars." Trees also act
as a natural ladder, Prune tree branches with at least a 6 feet clearance from the
building,
Any burms should not exceed 3' in height.
The placement of all landscaping should comply with guidelines from Crime
Prevention Through Environmental Design (CPTED),
b.
c.
Lighting: All parking lot lighting surrounding the complex should be energy-saving and
minimized after hours of darkness and in compliance with the State of California Lighting
Ordinance, Furthermore, all exterior lighting must comply with Mt. Palomar Lighting
Requirements.
a. All exterior doors should have their own vandal resistant fixtures installed above.
The doors shall be illuminated with a minimum one (1) foot candle of light at
ground level, evenly dispersed.
Hardware: All doors, windows, locking mechanisms, hinges, and other miscellaneous
hardware shall be commercial or institution grade.
Graffiti: Any graffiti painted or marked upon the building shall be removed or painted
over within twenty-four (24) hours of being discovered. Notify the Temecula Police
Department immediately so a report can be taken.
Alarm System: Upon completion of construction, the building shall have a monitored
alarm system installed and monitored 24-hours a day by a designated private alarm
company, to notify the police department immediately of any intrusion.
Roof Hatches: All roof hatches shall be painted "International Orange."
19.
Public Telephones: Any public telephones located on the exterior of the building should
be placed in a well-lighted, highly visible area, and installed with a "call-out only" feature
to deter loitering. This feature is not required for public telephones installed within the
interior of the building.
20.
Marked Parking for Disabled Vehicles: All disabled parking stalls on the premises shall
be marked in accordance with section 22511.8 of the California Vehicle Code.
21.
Crime Prevention:
a.
All retailing businesses shall contact the California Retailers Association for their
booklet on the California Retail Theft Law at: California Retailers Association
1127-11th Street, Suite 1030, Sacramento, CA 95814 (916) 443-1975. Penal
Code 490,5 affords merchants the opportunity to recover their losses through a
civil demand program.
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b.
Business desiring a business security survey of their location can contact the
crime prevention unit of the Temecula Police Department.
Employee training regarding retail theft, credit card prevention, citizen's arrest
procedures, personal safety, business security, shoplifting or any other related
crime prevention training procedures are also available through the crime
prevention unit.
Any business that serves or sell any type of alcoholic beverages will comply with
all guidelines within the Business and Profession Codes and all other guidelines
associated with the State Department of Alcohol Beverage Control. Contact the
Temecula Police Department for inspections and training for both employees and
owners. This includes special events held at business location where alcohol will
be serviced for a fee and the event is open to the general public.
The Temecula Police Department affords all retailers the opportunity to
participate in the "Inkless Ink Program." At a minimal cost of less than $40.00 for
inkless inkpads, retailers can take a thumbprint of every customer using a
personal check to pay for services, A decal is also posted on the front entry of
the business-advising customers of the "Inkless Ink program in use". If the
business becomes a victim of check fraud, the police department will be able to
track the suspect with the thumbprint.
c.
d.
e,
BUILDING DEPARTMENT
22.
23.
24.
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,
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.
25.
A receipt or clearance letter from the Temecula Valley School District shall be submitted
to the Building & Safety Department to ensure the payment or exemption from School
Mitigation Fees.
Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
26,
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27.
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
By placing my signature below, I confirm that I have read, understand and accept all the above
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.
Date
Applicant's Name
Applicant's Printed Name
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