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HomeMy WebLinkAbout05_001 DH Resolution DH RESOLUTION NO. 2005-01 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0565, A CONDITIONAL USE PERMIT APPLICATION TO ESTABLISH A 1,626 SQUARE FOOT EDUCATION USE (CONCORDIA UNIVERSITY) IN AN EXISTING 76,866 SQUARE FOOT BUILDING IN THE LIGHT INDUSTRIAL ZONE LOCATED AT 28780 SINGLE OAK DRIVE. (APN 921-020-050) WHEREAS, Concordia University filed Planning Application No. PA04-0565, in a manner in accord with the City of Temecula General Plan, Development Code; WHEREAS, Planning Application No. PA04-0565 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. PA04-0565 on January 6, 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. PA04- 0565 subject to the conditions after finding that the project proposed in Planning Application No. PA04-0565 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. PA04-0565 (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 for an education use in an existing building in the Light Industrial zone is consistent with the land use designation and policies reflected for the Business Park (BP) land use designation within in the City of Temecula's General Plan, as well as the development standards for the Light Industrial zone (L1) in the City of Temecula Development Code. The site is, therefore, properly planned and zoned and found to be physically suitable for the proposed recreation 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; R:1e U P\2004~6S Concordia UDiversity\FINAL DH RESOWTION & COAs.doc I The proposed conditional use is compatible with adjacent land uses as defined in the General Plan. Staff has reviewed the proposed education 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, and the most intense hours of operation will occur on evenings and weekends when surrounding businesses will be closed. 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 education facility 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 education 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. PA04-0565 (Conditional Use Permit) located at 28780 Single Oak Drive, further known as 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. R:\C U NOO4\04-ll565 Concordia University\FINAL DH RESOLUTION & COAs.doc 2 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 6th day of January 2005. Don Ha I, Denise Caravelli, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 2005-01 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 6th day of January 2005. R,IC U NOO4104-Q565 CoocordiaUniversity\FINAL DH RESOLUTION & COAs.doc 3 EXHIBIT A FINAL CONDITIONS OF APPROVAL R:\C U 1'\2004104-0565 Concordia University\FINAL DH RESOLUTION & COAs.doc 4 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROV AL Planning Application No. PA04-0565 Project Description: A Conditional Use Permit to establish a 1,626 square foot education use (Concordia University) in an existing 76,866 square foot building in the light industrial zone located at 28780 Single Oak Drive. (APN 921-020-050) Development Impact Fee: Business Park/lndustrial MSHCP Category: TUMF Category: Business Park/lndustrial Business Park/lndustrial Approval Date: Expiration Date: January 6, 2005 January 6, 2007 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 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)). 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 R:\C U 1'12004\04-0565 Conconlia University\FINAL DH RESOLUTION & COAs.doc 5 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. BUILDING DEPARTMENT 9. 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. 10. Obtain all building plans and permit approvals prior to commencement of any construction work. 11 . All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1,1998) 12. Provide on the plans the location for an elevator for vertical access as required by the California Building Code 11 03B.1 13. Show path of accessibility from parking to furthest point of improvement. 14. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 15. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. R:\C U NOO4\04.Q565 Concordia UniversilylFINAL DH RESOLUTION & COAs.doc 6 16. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. As applies to the scope of work. 17. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 18. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 19. Show all building setbacks. 20. 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. 94-21, 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 COMMUNITY SERVICES General Conditions 21. 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. 22. The Applicant shall comply with the Public Art Ordinance. Prior to issuance of Building Permits: 23. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 24. 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. 25. During remodeling andlor addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications. (CFC art.87 et al) 26. This new use shall require that the building meet all current requirements for the stated use including alterations to fire sprinkler and alarm systems appropriate for this new use. R:IC U P\2004I04-0565 Concordia UniversitylFINAL DH RESOLUTION & COAs.doc 7 27. 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. No change to fire flow is required. (CFC 903.2, Appendix III-A) 28. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. No change to hydrants is required. (CFC 903.2, 903.4.2, and Appendix III-B) 29. During building construction, all locations where structures are to be built or altered shall maintain 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 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) 30. Prior to building final, all locations where structures are to be built or altered 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 Ibs. GVW with a minimum AC thickness of .25 feel. (CFC see 902) 31. 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 gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. . (CFC 901.4.4) 32. 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 fire sprinkler riser door (or main entrance door if no direct access riser door). (CFC 902.4) Seecial Conditions 33. All construction and alteration requires permits by either the fire or building departments. 34. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications. R;IC U 1'\2004104-0565 Concordia University\FINAL DR RESOLUTION & COAs.doc 8 35. This use will conform with all requirements of the California Building and Fire codes. Fire alarms or other special systems may be required for educational occupancies and there may also be other requirements. The applicant is responsible to be in compliance with all requirements. 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 R:\C U Pl2004104-0565 Cooconlia University' FINAL DH RESOLUTION & COAs.doc 9