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HomeMy WebLinkAbout2021-05 DH Resolution DH RESOLUTION NO. 2021-05 A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA21-0763, A CONDITIONAL USE PERMIT TO ALLOW FOR CHURCH SERVICES TO BE CONDUCTED WITHIN AN EXISTING INDUSTRIAL STRUCTURE LOCATED AT 28780 SINGLE OAK DRIVE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 921-020-050) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On June 2, 2021, Randy Shultz, on behalf of Temecula Hills Christian Fellowship, filed Planning Application No. PA21-0763, 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 14, 2021, 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 Director's Hearing and after due consideration of the testimony, the Director of Community Development approved Planning Application No. PA21- 0763, subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA21-0763, conformed to the City of Temecula's General Plan Development Code (Subdivision, Development Agreement). Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA21-0763, 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 is consistent with the General Plan and Development Code. The project will allow for a religious facility within Light Industrial (LI) Zoning District (Industrial Park IP (IP) land use designation). The project is not proposing a daycare or educational institution as components and thus can be permitted upon the approval of a Conditional Use Permit. 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 project will be housed within an existing industrial building. Operations for the use will be conducted during limited hours on weekdays and weekends. The use is anticipated to be compatible with the nature, condition, and development of adjacent uses, buildings and structures. The use is not anticipated to 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 conditional use will be housed within an existing industrial building. The applicant is proposing no changes to the site. Revisions to the structure will consist of tenant improvements. Therefore, the 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 the development code and required by the planning commission or council in order 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 compliance with the Building, Fire, and Development Code. These codes contain provisions designed to ensure uses are not detrimental to the health, safety and general welfare of the community. Negative impacts are not anticipated. 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 director of community development, planning commission, or city council on appeal. The decisions to conditionally approve the Conditional Use Permit has been based on substantial evidence in view of the record as 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 site. In addition, religious facilities are common in light industrial buildings. 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. PA21-0763, a Conditional Use Permit to allow for church services to be conducted within an existing industrial structure located at 28780 Single Oak Drive, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Community Development this 14th day of October, 2021 Luke Watson Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 2021-05 was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 14`h day of October, 2021. Denise Jacob , ecretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA21-0763 Project Description: Temecula Hills Christian Fellowship Conditional Use Permit: a Conditional Use Permit to allow for church services to be conducted within an existing industrial structure located at 28780 Single Oak Drive Assessor's Parcel No.: 921-020-050 MSHCP Category: N/A(No New Square Footage or Grading) DIF Category: N/A(No New Square Footage) TUMF Category: Per WRCOG Requirements Quimby Category: N/A(Non-Residential Project) New Street In-lieu of Fee: N/A(Not Located within the Uptown Temecula Specific Plan) Approval Date: October 14, 2021 Expiration Date: October 14, 2023 PLANNING DIVISION Within 48 Hours of the Approval 1. Fi4i_q Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashier's 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 Determination 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 regard 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. A modification made to an approved development plan does not affect the original approval date of a development plan. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to five extensions of time, one year at a time. A modification made to an approved development plan does not affect the original approval date of a development plan. 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. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 7. Statement of Operations. The applicant shall comply with their Statement of Operations dated February 2, 2021, 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. 8. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 9. 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 10. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy, or any use allowed by this permit. BUILDING AND SAFETY DIVISION General Requirements 11. Final Building and Safe!y Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. 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. 12. Compliance with Code. All design components shall comply with applicable provisions of the most current edition of the California Building, Plumbing and Mechanical Codes; California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and Temecula Municipal Code as identified in Title 15 of the Temecula Municipal Code. 13. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on 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 entrance of the building. c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right-of-way to all public areas on site, such as trash enclosures, clubhouses, and picnic areas. 14. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below. 15. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 16. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 17. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures. 18. Demolition. Demolition permits require separate approvals and permits. 19. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Code Section 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 20. Protection of drains and penetration. Protection of joints and penetrations in fire resistance-rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. FIRE PREVENTION General Requirements 21. Fire Dent. Plan Review. 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. Prior to Issuance of Building Permit(s) 22. Required Submittals (Fire Sprinkler Systems). For any changes to the existing fire sprinkler system, fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Since there is a change in user and occupancy, the existing fire sprinkler may be required to be upgraded due to the increaser in occupant load factors. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 23. Required Submittals (Fire Alarm_Systems . Fire alarm plans tenant improvement shall be submitted to the Fire Prevention Bureau for approval. Additional notification appliances will be required to be added to the sanctuary. If there are not enough available points on the existing fire alarm panel, a new fire alarm panel will be required to handle the additional appliances. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 24. Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6-inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and Temecula Municipal Code Section 15.16.020). 25. Knox Box. A"Knox-Box"shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). POLICE DEPARTMENT General Requirements 26. Private Security. If private security is utilized, the applicant shall ensure the security company is licensed, bonded and insured. Furthermore, security personnel will be unarmed. 27. Graffiti. Any graffiti painted or marked upon the buildings or other structures must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at(951) 696-HELP 28, Alarm System. Each building or business shall have an alarm system that is monitored by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi-tenant offices/suites/businesses located within a specific building shall each have their own alarm system. This condition is not applicable if the business is open 24/7. 29. Loitering. The applicant shall ensure no loitering occurs on or adjacent to its premises during hours of operation. 30. Business Security Survey. The Crime Prevention and Plans Unit of the Temecula Police Department offers free business security surveys, to schedule an appointment contact the unit at(951) 506-5132. 32. questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at(951) 695-2773.