HomeMy WebLinkAbout2024-03 DH Resolution DH RESOLUTION NO. 2024-03
A RESOLUTION OF THE INTERIM DIRECTOR OF
COMMUNITY DEVELOPMENT OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA24-0081,A CONDITIONAL USE PERMIT FOR A SPORTS
AND RECREATIONAL FACILITY TO OPERATE
MONDAY THROUGH SUNDAY FROM 5:00 AM TO 7:00 PM
AT AN EXISTING BUILDING LOCATED AT 42095 ZEVO
DRIVE, UNITS A4 AND A5, AND MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (APN 909-372-
008, 909-372-011)
Section 1. Procedural Findings. The Interim Director of Community Development of
the City of Temecula does hereby find, determine and declare that:
A. On February 16, 2024, Amanda Fritscher, applicant of West Coast Training Center
and Lionheart Studios, filed Planning Application No. PA24-0081, 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 Interim Director of Community Development,at a regular meeting,considered
the Application and environmental review on August 15, 2024, 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 Interim Director of Community Development approved Planning Application No.
PA24-0081 subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PA24-0081 conformed to the City of Temecula's General Plan and Development
Code.
Section 2. Further Findings. The Interim Director of Community Development, in
approving Planning Application No. PA24-0081, 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 business will operate a sports and recreational facility to provide aerobics training, a
practice facility for cheer teams and sports classes. This proposed use is consistent with
the City of Temecula General Plan and Development Code, which identifies the project
site as Light Industrial (LI). The General Plan and Development Code allow for a sports
and recreational facility at the project site 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 conditional use will be located within an existing structure within a Light Industrial
(LI) zone. As conditioned, 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 because
the surrounding area is zoned for industrial uses, and the building can accommodate the
use.
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 application will allow a sports and recreational facility to provide aerobics training,
a practice facility for cheer teams and sports classes within an existing building. No
modifications to the site are proposed. Since the site and proposed conditional use are
consistent with the General Plan and Development Code requirements, the project site is
adequate to accommodate the proposed use as required by the development code 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 use, as conditioned, meets all requirements of the Development, Fire, and Building
Codes. These codes contain provisions designed to ensure the protection of the health,
safety, and general welfare of the community.
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 planning director, planning commission, or city council on appeal.
The decision to conditionally approve the application for a 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 request for a Conditional Use Permit is for a sports and recreational facility to provide
aerobics training, a practice facility for cheer teams and sports classes within an existing building
with no expansion being proposed. Sports and recreational facilities are conditionally permitted
uses at the project site. As such, this project represents no expansion of the structure, site, or
allowable uses.
Section 4. Conditions. The Interim Director of Community Development of the City
of Temecula approves Planning Application No. PA24-0081, a Conditional Use Permit to allow a
sports and recreational facility to provide aerobics training, a practice facility for cheer teams and
sports classes at 42095 Zevo Drive, Units A4 and A5 and makes a finding of exemption under the
California Environmental Quality Act (CEQA), subject to the Final Conditions of Approval set
forth on Exhibit A, Statement of Operations set forth on Exhibit B and Plan Reductions set forth
on Exhibit C, attached hereto, and incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Interim Director of Community Development this 15th day of August, 2024.
1)4Mtk
Matt Peters
Interim Director of Community Development
I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that the
forgoing DH Resolution No. 2024-03 was duly and regularly adopted by the Interim Director of
Community Development of the City of Temecula at a regular meeting thereof held on the 15th
day of August, 2024.
Denise Jacobo, Secretary
EXHIBIT
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA24-0081
Project Description: West Coast Training Center and LionHeart Studios CUP, a Conditional Use
Permit for a sports and recreational facility to operate Monday through
Sunday from 5:00 AM to 7:00 PM at an existing building located at 42095
Zevo Drive Unit A4 and A5
Assessor's Parcel No.: 909-372-008
909-372-011
MSHCP Category: N/A(Existing Building/ No New Grading)
DIF Category: N/A(Existing Building/ No New Grading)
TUMF Category: N/A(Existing Building/ No New Grading)
Quimby Category: N/A(Not a Residential Project)
New Street In-lieu of Fee: N/A(Existing Building/No New Square Footage)
Approval Date: August 15, 2024
Expiration Date: August 15, 2026
PLANNING DIVISION
Within 48 Hours of the Approval
Page 1 of 6
1. Applicant Filing Notice of Exemption. APPLICANT ACTION REQUIRED:
The applicant/developer is responsible for filing the Notice of Exemption as required under
Public Resources Code Section 21152 and California Code of Regulations Section 15062
within 48 hours of the project approval. If within said 48-hour period the applicant/ developer
has not filed the Notice of Exemption as required above, the approval for the project granted
shall be void due to failure of this condition. Failure to submit the Notice of Exemption will
result in an extended period of time for legal challenges.
FEES:
Fees for the Notice of Exemption include the Fifty Dollar County ($50.00) administrative fee.
The County of Riverside charges additional fees for credit card transactions.
FILING:
The City shall provide the applicant with a Notice of Exemption within 24 hours of approval via
email. If the applicant/developer has not received the Notice of Exemption within 24 hours of
approval, they shall contact the case Planner immediately. All CEQA documents must be
filed online with the Riverside County Assessor— County Clerk- Recorder. A direct link to the
CEQA filings page is available at TemeculaCA.gov/CEQA.
COPY OF FILINGS:
The applicant shall provide the City with a digital copy of the required filings within 48 hours.
General Requirements
2. Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and
Defense Costs, Including Attorneys' Fees, Incurred by the City. The Applicant shall defend,
indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers,
agents, and those City agents serving as independent contractors in the role of City officials
(collectively "Indemnitees") from and against any claims, damages, actions, causes of actions,
lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without
limitation, attorneys' fees or court costs) in any manner arising out of or incident to the
Planning Commission's actions, this approval and the City Council's actions, related
entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy
any judgment, award or decree that may be rendered against City or the other Indemnitees in
any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of
any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the
City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails
to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to
defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right
to select counsel of its choice. The Applicant shall reimburse the City, and the other
Indemnitees, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be
construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole
negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed
challenging the City's determinations herein or the issuance of the approval, the City shall
estimate its expenses for the litigation. The Applicant shall deposit said amount with the City
or, at the discretion of the City, enter into an agreement with the City to pay such expenses as
they become due.
Page 2 of 6
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 three 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. Consistency with Zoning District. This project and all subsequent projects within this site
shall be consistent with Light Industrial Zoning District (LI).
6. Conformance with Approved Plans. The development of the premises shall substantially
conform to the approved floor plan and statement of operations contained on file with the
Planning Division.
7. Modifications or Revisions. The developer shall obtain City approval for any modifications or
revisions to the approval of this project.
8. Statement of Operations. The applicant shall comply with their Statement of Operations
dated March 18, 2024, 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.
9. Noise Ordinance. The business will comply to Temecula Municipal Code Chapter 9.20 Noise.
10. Indoor Activity Only. Approved services provided by the business are to be indoor only within
the approved suites.
11. Hours of Operation. The hours of operation for this conditional use permit shall be as follows:
Monday: 5:00 AM - 7:00 PM
Tuesday: 5:00 AM - 7:00 PM
Wednesday: 5:00 AM - 7:00 PM
Thursday: 5:00 AM - 7:00 PM
Friday: 5:00 AM - 7:00 PM
Saturday: 5:00 AM - 7:00 PM
Sunday: 5:00 AM - 7:00 PM
These hours of operation shall supersede any previous conditions of approval and take
precedence over any other conditions of approval in this document that may reference
operating hours and times. Hours of operations may be altered temporarily with the approval
of a valid limited duration temporary use permit. Hours of operations may be permanently
altered only by an approved amendment to this conditional use permit.
Under all circumstances, including instances where the establishment closes earlier than the
above listed times, the last call indicating the termination of the sale of alcohol shall be no less
than on half(1/2) hour prior to closing for all nights of operation.
BUILDING AND SAFETY DIVISION
General Requirements
Page 3 of 6
12. Final Building and Safety 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.
13. 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.
14. 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.
15. 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.
16. 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.
FIRE PREVENTION
Prior to Issuance of Building Permit(s)
17. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the
Fire Prevention Bureau for approval for any changes or modifications to the existing fire
sprinkler system. This also applies to any new offices or walls that were constructed. Fire
sprinkler plans must be submitted electronically by the installing contractor to the Fire
Prevention Bureau. These plans must be submitted prior to the issuance of building permit.
18. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire
Prevention Bureau for approval. For any alternations or modifications to the existing system
a permit will be required, and this applies to additional appliances that may be required due to
the change is use and occupancy. Alarm plans must be submitted electronically 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.
POLICE DEPARTMENT
General Requirements
Page 4 of 6
19. Defensible Plants. Applicant shall ensure any landscaping surrounding buildings is kept at a
height of no more than three feet, or below the ground floor window sills. Plants, hedges, and
shrubbery shall be defensible plants to prevent would-be intruders from breaking into the
buildings utilizing lower level windows.
20. Dumpster Enclosures. All refuse storage and disposal areas shall be maintained in a clean,
odorless and nuisance free manner.
21. Trees. Applicant shall ensure any trees surrounding building rooftops be kept at a distance to
prevent roof accessibility by would-be burglars. Since trees also act as a natural ladder, the
branches must be pruned to have a six-foot clearance from the buildings.
22. Exterior Building Lighting. All lighting affixed to the exterior of buildings less than 8 feet high
shall be vandal resistant.
23. Exterior Door Illumination. All exterior doors shall have a vandal resistant light fixture
installed above the door. The doors shall be illuminated with a minimum one-foot candle
illumination at ground level, evenly dispersed.
24. Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous
hardware shall be commercial or institution grade.
25. 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
26. Alarm System. Upon completion of construction, the buildings shall have a monitored alarm
system installed and monitored 24 hours a day 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 have their own alarm system.
This condition is not applicable if the business is opened 24/7.
27. ADA Parking. All disabled parking stalls on the premises shall be marked in accordance with
Section 22511.8 of the California Vehicle Code.
28. Business Security Survey. The CORE Team of the Temecula Sheriff's Station offers free
business security surveys, to schedule an appointment contact the unit at (951) 240-4230.
29. Contact. Any questions regarding these conditions should be directed to the CORE Team of
the Temecula Sheriff's Station at (951) 240-4230.
Page 5 of 6
30. Crime Prevention Through Environmental Design. Crime prevention through environmental
design as developed by the National Crime Prevention Institute (NCPI) supports the concept
that"the proper design and effective use of the built environment can lead to a reduction in the
fear and incidence of crime and an improvement in the quality of life." The nine primary
strategies that support this concept are included as conditions below: a. Provide clear border
definition of controlled space. Examples of border definition may include fences, shrubbery
or signs in exterior areas. Within a building, the arrangement of furniture and color definition
can serve as a means of identifying controlled space. b. Provide clearly marked transitional
zones. Persons need to be able to identify when they are moving from public to semi-public
to private space. c. Gathering or congregating areas to be located or designated in locations
where there is good surveillance and access control. d. Place safe activities in unsafe
locations. Safe activities attract normal users to a location and subsequently render the
location less attractive to abnormal users due to observation and possible intervention. e.
Place unsafe activities in safe locations. Placing unsafe activities in areas of natural
surveillance or controlled access will help overcome risk and make the users of the areas feel
safer. f. Redesign the use of space to provide natural barriers. Separate activities that may
conflict with each other (outdoor basketball court and children's play area, for example) by
distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of
space. The timing in the use of space can reduce the risk for normal users and cause
abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to
increase the perception of natural surveillance. Abnormal users need to be aware of the risk
of detection and possible intervention. Windows and clear lines-of-sight serve to provide
such a perception of surveillance. i. Overcome distance and isolation. This strategy may be
accomplished through improved communications (portable two-way radios, for example) and
design efficiencies, such as the location of restrooms in a public building.
Page 6 of 6
EXHIBIT B
Statement of Operations 3/18/2024
We are a boutique gym facility. We offer personal training, semi private, Rock Steady Boxing (a
program for those diagnosed with Parkinons), Group Strength Classes, Spin and yoga. We also
host a non profit cheer team to practice here.
We are open Monday-Sunday 5am-7pm.
We have around 24 Employees, who all come at different times a day to run their classes and
service their personal training clients. All units share parking as they are unassigned parking
spaces. They also park on zevo street which is public parking.
There is no food, and no alcohol. There is no live entertainment.
We offer a coffee/ break area as an amenity to our members and trainers. This is where they
take care of themselves and feed themselves.
The child care is during these class times 9:15am, 5:45pm and 8:30am Saturday 8:30am! Kid
Friendly space is there so when mom and dads workout they can have someone help!
We have a small space where we have foam rollers and places to stretch that we call our
recovery room :)
We have two classes during business hours but they are the same group of people as they jump
from one form of exercise to the second one. It is an average of 16-18 people max!
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PLANNING DEPARTMENT
CONDITIONALLY
APPROVED
SUBJECT TO THE FINDINGS AND
CONDITIONS OF APPROVAL,AS APPROVED.
MODIFICATIONS REQUIRE CITY APPROVAL
Yannin Marquez >rn= 0
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This is the entrance, but also the break room for the trainers!
PLANNING DEPARTMENT
CONDITIONALLY
APPROVED
SUBJECT TO THE FINDINGS AND
CONDITIONS OF APPROVAL,AS APPROVED.
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CONDITIONALLY
APPROVED
SUBJECT TO THE FINDINGS AND
CONDITIONS OF APPROVAL,AS APPROVED
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MO41FICATI S REQUIRE CITY PPROVAL.
this is the additional room in a5! Ills is not nausea for anything other than my two year olds
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play room and sleep space for n v :)
This is the entrance to the gym and seating area. (WCTC SUITE a5)
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This is one of the walls in the gym (WCTC SUITE A5) The next four pics below are all Suite a5
gym area.
This is also the bathroom below in Suite a5 and also the little room that you guys need permits
for. (WCTC suite a5)
PLANNING DEPARTMENT
CONDITIONALLY
APPROVED
SUBJECT TO THE FINDINGS AND
CONDITIONS OF APPROVAL,AS APPROVED.
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This is empty right now, but will be putting all foam
rollers and mats in here to stretch and roll out :)
THIS IS LIONHEART STUDIOS BELOW THE FRONT ENTRANCE AS WELL AS THE MAIN
SPACE where they ride, the entrance and the day care room. SUITE A4
PLANNING DEPARTMENT
CONDITIONALLY
APPROVED
SUBJECT TO THE FINDINGS AND
CONDITIONS OF APPROVAL,AS APPROVED.
MODIFICATIONS- • ' ,TYAPPROVAL.
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SUBJECT TO THE FINDINGS AND
CONDITIONS OF APPROVAL,AS APPROVED.
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PLANNING DEPARTMENT
CONDITIONALLY
APPROVED
SUBJECT TO THE FINDINGS AND
CONDITIONS OF APPROVAL AS APPROVED.
MODIFI ! " ` PPROVAL.
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PLANNING DEPARTMENT
CONDITIONALLY
APPROVED
SUBJECT TO THE FINDINGS AND
CONDITIONS OF APPROVAL,AS APPROVED.
MODIFICATIONS REQUIRE CITY APPROVAL.
Yannin Marquez
8/21/2024
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