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HomeMy WebLinkAbout06_016 DH Resolution DH RESOLUTION NO. 06-016 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0074, A REQUEST FOR A MINOR CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF A CAREER COLLEGE IN AN EXISTING BUILDING LOCATED AT 43178 BUSINESS PARK DRIVE, SUITE B-101 Section 1. Career Gateway College filed Planning Application No. PA06-0074 in a manner in accordance with the City of Temecula General Plan and Development Code. Section 2. Planning Application No.. PA06-0074 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law. Section 3. The Planning Director considered Planning Application No. PA06-0074 on June 29, 2006 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. Section 4. At the conclusion of the Director's hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA06-0074 subject to Conditions of Approval and based upon the findings set forth hereunder. Section 5. That the above recitations are true and correct and are hereby incorporated by reference. Section 6. Findinas. The Planning Director, in approving the Application hereby makes the following findings as required by Section 17.04.010.E of the Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposed education use is conditionally permitted in the Light Industrial zoning designation contained in the City's Development Code and consistent with the Industrial Park land use designation contained in the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the use type proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), and fire and building codes. 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 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 light manufacturing. The proposed use will not adversely G:\Planning\2006\PA06-0074 Career Gateway College MCUPlPlaoning\FINAL DH RESO.doc affect, nor be affected by, any of the surrounding properties because the use will occur within an existing building suitable for a career college (educational facility). C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buller 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; Staff has reviewed the proposed conditional use 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 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; The requirements for the proposed conditional use are intended to protect the health and safety of those in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the use will function in a manner consistent with the public health, safety and welfare. Section 7. Environmental Comoliance. The Planning Director finds in accordance with the California Environmental Quality Act (CEQA), the proposed use has been deemed to be categorically exempt from further environmental review pursuant to Class 1, Section 15301, Existing Facilities. Section 8. Conditions. That the City of Temecula Planning Director hereby conditionally approves Planning Application No. PA06-0074, a request for a Minor Conditional Use Permit for the operation of Career Gateway College, an educational use, located at 43178 Business Park Drive, Suite B-1 01. The Conditions of Approval are contained in Exhibit A. Section 9. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Director this 29th day of June 2006. Don I, Cynthia M. Lariccia, Secretary of the Temecula Planning Director's Hearing, do hereby certify that DH Resolution No. 06-016 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 29th day June 2006. G:\Planning\2OO61PA06-0074 Career Gateway College MCUPlPlanninglFINAL DH RESO.doc EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\Planningl2OO6\PA06-0074 Career Gateway College MCUPlPlanning\FINAL DH RESO.doc EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA06-0074 Project Description: A Minor Conditional Use Permit for the operation of an education center (Career Gateway College) in an existing building located at 43178 Business Park Drive, Suite B. 101 Assessor's Parcel No. 921-820-002 MSHCP Category: N/A DIF Category: N1A TUMF Category: N1A Approval Date: June 29, 2006 Expiration Date: June 29, 2008 WITHIN 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 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developer has not delivered to the Planning Department 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)). G:\Plannlng\2006\PA06-0074 Career Gateway College MCUPlPlanningIFINAL COA PA06-0074.doc 1 GENERAL REQUIREMENTS G:\Planning\2006\PA06-0074 Career GatewayCoUege MCUPIPlanninglFlNAL COA PA06-0074.doc 2 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 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-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 3 one-year extensions of time, one year at a time. 5. All these conditions shall be complied with prior to any occupancy or use allowed by this Conditional Use Permit. 6. 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. 7. The applicant shall comply with their Statement of Operations dated March 6, 2006 and May 5, 2006, on file with the Planning Department, unless superseded by these conditions of approval. 8. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 9. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 10. Regular hours of operation shall be between 6 a.m. and 10:30 p.m., seven days each week. 11. The existing building permitted for educational use under this permit may accommodate a maximum of 65 people (ten employees and 55 students) due to parking requirements. Building and Safety Department 12. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. G:\Planning\2006\PA06-0074 Career Gateway College MCUPlPlanningIFINAL COA PA06.0074.doc 3 13. 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 street-lights 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. As applicable to the scope of work proposed. 14. Obtain all building plans and permit approvals prior to commencement of any construction work. As applicable to the scope of work proposed. I 15. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 16. Provide disabled access from the public way to the main entrance of the building. 17. Provide van accessible parking located as close as possible to the main entry. 18. Show path of accessibility from parking to furthest point of improvement. 19. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 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 Sundays or Government Holidays At Plan Review Submittal 21. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Appendix Chapter 12, Section 1208A, of the 2001 edition of the California Building Code. 22. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 23. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 24. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 25.. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. G:\Planning\2006\PA06-0074 Career Gateway College MCUPlPlannlnglFlNAL COA PA06-0074.doc 4 Fire Prevention 26. 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. 27. 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 (CFC art.87 et al). 28. Provide 2A:10BC rated fire extinguishers as required (CFC 1002). Community Services Department 29. 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. 30. The Applicant shall comply with the Public Art Ordinance. G:\Planning\2006IPA06-0074 Career Gateway College MCUPlPlanninglFlNAL COA PA06-0074.doc 5 PRIOR TO PERMIT ISSUANCE G:\Planning\2006\PAOS-0074 Career Gateway College MCUPlPlanninglFINAL COA PAOS-0074.doc S Building and Safety Department 31. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Fire Prevention 32. 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). Community Services Department 33. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. G:IPlanning12006IPA06-0074 Career Gateway College MCUPIPlanning\FINAL COA PA06-0074.doc 7 OUTSIDE AGENCIES G:\Planning\2006\PA06-Q074 Career Gateway College MCUPlPlanningIFINAL COA PA06-Q074.doc 8 34. The applicant shall comply with the attached letter, dated March 5, 2006, from Riverside County Department of Environmental Health. By placing my signature below, I confirm that I have read, I understand and I accept all the above- mentioned 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 Signature Applicant's Printed Name G:\Planning\2006\PA06-0074 Career Gateway College MCUPlPlannlnglFlNAL COA PA06-0074.doc 9 .~~ o C00NTY OF RIVERSIDE · H~I..:lh SERVICES AGENCY 0 DEPARTMENT OF ENVIRONMENTAL HEALTH I . i March 5, 2006 City ofTemecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Dana Schuma RE: Development Plan No. P A06-0046- CO 7-1 Dear Ms. Schuma: l Department of Environmental Health has reviewed the minor ~nditional use permit for Career Gateway College located at 43178 Business Park Drive. AlthougbJ the site plan does not indicate that either water and sewer services are existing, we assume that these ~ces are in and are available. f. 1. PRIOR TO THE ISSUANCE OF Bun..DING PERMITS THE FOLLOWING SHOULDBEREQ~D: ; a) "Will-serve" letters from the appropriate water d~. Sincerely, ~ Martinez, S (951) 955-8980 Non:: AIry CUIIaIl addilioaa1 JOqUimnaJU not """""'" can be oppIic:able at time of Buildiog Plan teview fur fiDaI DqIar1moaI of En_ Health clearance. Environmental Health Specialist Local Enlorcemenl Agency' P.O. Box 1280, Riverside, CA 92502-1280 . (909) 955-8982 . FAX (909) 781-9653 . 4080 Lemon Street, 9th Floor, Riverside, CA 92501 Land Use and Waler Englneedn..' P.O. Box 1206, Riverside, CA 92502-1206 . (909) 955-8980 . FAX (9091955-8903 . 4080 Lemon Slreet, 2nd Floor, Riverside, CA 92501