HomeMy WebLinkAbout05_012 DH Resolution
DH RESOLUTION NO. 2005-0012
A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA05-0181, A CONDITIONAL USE PERMIT APPLICATION TO
OPERATE A WILL-CALL CENTER IN A 2,072 SQUARE FOOT
PORTION OF AN EXISTING 6,292 SQUARE FOOT BUILDING
IN THE SERVICE COMMERCIAL ZONE, LOCATED AT 41625
ENTERPRISE CIRCLE SOUTH, SUITE 4-A. (APN 921-020-050)
WHEREAS, Grainger filed Planning Application No. PA05-0181, in a manner in accord
with the City of Temecula General Plan, Development Code;
WHEREAS, Planning Application No. PA05-0181 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. PA05-0181 on September 8, 2005, 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 Director's Hearing and after due
consideration of the testimony, the Planning Director approved Planning Application No. PA05-
0181 subject to the conditions after finding that the project proposed in Planning Application No.
PA05-0181 conformed to the City of Temecula General Plan and 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. Findinas. The Planning Director, in approving Planning Application No.
PA05-0181 (Conditional Use Permit) hereby makes the following findings as required by Section
17.04.010 of the T emecula Municipal Code;
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The proposal for a will-call center use in an existing building in the Service Commercial
zone is consistent with the land use designation and policies reflected for the Service
Commercial land use designation within in the City of Temecula's General Plan, as well
as the development standards for the Service Commercial in the City of Temecula
Development Code. The site is, therefore, properly planned and zoned and found to be
physically suitable for the proposed will call center use
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 adjacent land uses as defined in the
General Plan. Staff has reviewed the proposed will-call center use against the adjacent
land uses and has determined that the proposed use will be consistent with the
surrounding uses. The area in which the project is to be located has a mixture of uses
which includes office, warehouse and manufacturing uses. The proposed use will not
adversely affect any of the surrounding properties because the use will occur within an
existing building.
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;
Staff has reviewed the proposed project to determine consistency with the Development
Code and has found that the project meets all of the applicable requirements. The site is
adequate in size and shape to accommodate the proposed will-call center use without
affecting the yard, parking and loading, landscaping, and other development features
required by the Development Code in order to integrate the use with other uses on the
site and in the neighborhood.
D. The nature of the proposed conditional use is not detrimental to the health, safety
and general welfare of the community;
Staff has reviewed the proposed will-call center use and found that it will not be
detrimental to the health, safety, or general welfare of the community. Fire Prevention
has reviewed circulation and drive aisle widths and has determined that the site will able
to be adequately served by the Fire Department in an emergency situation.
Section 3. Environmental Comoliance. A Notice of Exemption has been prepared
and adopted by the Director of Planning in accordance with Class 1, Section 15301 of CEQA
Guidelines.
Section 4. Conditions. That the City of Temecula Director of Planning hereby
approves Planning Application No. PA05-0181 (Conditional Use Permit) located at 41625
Enterprise Circle South, Suite 4-a. (APN 921-020-050), 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.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director
of Planning this 8h da of September 2005.
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that
DH. Resolution No. 2005-0012 was duly and regularly adopted by the Director of Planning of the
City of Temecula at a regular meeting thereof held on the 8th day of September, 2005.
/~
thia Lariccia, Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA05-0181
Project Description: A Conditional Use Permit to operate a will-cali center
in a 2,072 square foot portion of an existing 6,292
square foot building in the Service Commercial zone,
located at 41625 Enterprise Circle South, Suite 4-a.
(APN 921-020-050)
Development Impact Fee: NlA
MSHCP Category:
TUMF Category:
Approval Date:
NlA
Service Commercial
Expiration Date:
September 8, 2005
September 8, 2007
WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
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 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 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)).
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GENERAL REQUIREMENTS
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Planning Department
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
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.
4. 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.
5. 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.
6. The applicant shall comply with their Statement of Operations attached and on file with
the Planning Department, unless superceded by these conditions of approval.
7. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
8. The permittee shall obtain City approval for any modifications or revisions to the
approval of this Conditional Use Permit.
9. The will-call center shall adhere to the operations of statement provided with the
application.
10. No outside patio furniture shall be placed outside doors along the path of travel or
obstructing loading areas.
11. This will-call center shall not be used for retail space.
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Building 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. The City of Temecula has adopted an ordinance to collect fees for a Riverside County
area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this
ordinance on March 31, 2003, this project will be subject to payment of these fees at the
time of building permit issuance. The fees shall be subject to the provisions of
Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance.
14. A receipt or clearance letter from the T emecula Valley School District shall be submitted
to the Building & Safety Department to ensure the payment or exemption from School
Mitigation Fees.
15. Obtain all building plans and permit approvals prior to commencement of any
construction work.
16. Show all building setbacks.
17. Provide an approved automatic fire sprinkler system.
18. All building and facilities must comply with applicable disabled access regulations.
Provide all details on plans. (California Disabled Access Regulations effective April
1,1998)
19. Show path of accessibility from parking to furthest point of improvement.
20. Provide a clear description of the proposed use, type of commodities to be stored,
method of storage and the use of adjacent space to this tenant space.
21. Occupancy group shall be S-2/ B for the purposes of plan preparation.
Community Services
General Conditions
22. 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 ISSUANCE OF BUILDING PERMITS
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Community Services
23. 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, 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.
Applicant's Signature
Date
Applicant's Printed Name
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