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HomeMy WebLinkAbout07_016 DH Resolution - DH RESOLUTION NO. 07-016 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0247 A MINOR CONDITIONAL USE PERMIT TO ALLOW UNITY CHURCH OF TEMECULA, A RELIGIOUS INSTITUTION WITHOUT A DAYCARE OR PRIVATE SCHOOL, TO OPERATE WITHIN A 1,910 SQUARE FOOT SUITE OF AN EXISTING 26,584 SQUARE FOOT COMMERCIAL BUILDING LOCATED WITHIN THE BUSINESS PARK (BP) ZONE, GENERALLY LOCATED ON THE NORTH SIDE OF ENTERPRISE CIRCLE NORTH APPROXIMATELY 500 FEET NORTH OF WINCHESTER ROAD, AT 41743 ENTERPRISE CIRCLE NORTH SUITE 108 [APN 909-281-024] Section 1. Procedural Findinqs. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On August 27, 2007 Alfred Johnson of Unity Church of Temecula Valley filed Planning Application No. PA07-0247 (Conditional Use Permit) 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 Planning Director, at a regular meeting, considered the Application and environmental review on November 29, 2007, 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 Planning Director approved Planning Application No. PA07-0247, subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0247 conformed to the City of Temecula's General Plan and Development Code (Subdivision, Development Agreement). Section 2. Further Findinqs. The Planning Director, in approving Planning Application No. PA07-0247 hereby makes the following findings as required by Section 17.040.010.E (Conditional Use Permit) of the Temecula Municipal Code: Conditional Use Permit (Section 17.04.010.E.1) A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposed conditional use is consistent with the General Plan and the Development Code. The project site is zoned Business Park and the General Plan Designation for the site is Industrial Park, which allows for a religious G:\Planning\2007\PA07-0247 Unity Church CUP\Planning\DH RESOLUTION EXEMPT FROM CEQA.doc I - institution without daycare or private school provided a Conditional Use Permit is approved and the parking is consistent with the required demand. The number of parking spaces existing on the site meets the parking required for the existing tenants and proposed use. Therefore, the project is consistent with the parking standards within the Development Code. 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 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 proposed use is a conditionally permitted use in the Business Park zone and the project site is currently developed with all improvements in place including parking. Furthermore, the scope of the proposed use is minor in nature and is not anticipated to generate traffic conflicts within the center during the stated hours of operation on file for assembly uses. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking 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 site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Director, Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The project site is currently developed and the proposed use does not propose any additions or exterior alterations to the building site. The proposed parking demand does not exceed the existing parking spaces. Therefore, the site is adequate for the proposed use. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of community; The nature of the proposed conditional use is not detrimental to the health safety and general welfare of the community, but will provide additional opportunities and services to the community. In addition, as developed the project site is adequate for the size and scope of the project. G:\Planning\2007\PA07-0247 Unity Church CUPIPlanning\DH RESOLUTION EXEMPT FROM CEQA.doc 2 - 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 Commission or City Council on appeal; The decision to approve, conditionally approve, or deny 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 Planning. Section 3. Environmental FindinQs. The Director of Planning hereby make 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 proposed facility is within an existing multi-tenant building within the business park zone. In addition, the site contains sufficient parking spaces and improvements for both the existing and proposed uses. No expansion of the building is proposed for the church, which is minor in nature and will not cause negative impacts to traffic, or a nuisance to neighbors, and Conditions of Approval have been implemented to ensure the project does not cause adverse impacts to the surrounding area. Section 4. Conditions. That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0247, a Minor Conditional Use Permit to allow Unity Church of Temecula, a religious institution without a daycare or private school, to operate within a 1,910 square foot suite of an existing 26,584 square foot commercial building located within the Business Park (BP) zone, generally located on the north side of Enterprise Circle North approximately 500 feet north of Winchester Road, at 41743 Enterprise Circle North, Suite 108, 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 Planning Director of the City of Temecula this 29th day of November 2007. n.Jl4~~ (~6~~ Debbie Ubnoske, Director of Planning I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 07-016 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 of November 2007. G:\Planning\2007\PA07-0247 Unity Church CUP\Planning\DH RESOLUTION EXEMPT FROM CEQA.doc 3 - '\ . EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\Planning\2007\PA07-0247 Unity Church CUPIPlanningICOA-CUP 9-07.doc 1 SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: \ - ACCEPTANCE OF CONDITIONS OF APPROVAL I, Alfred Johnson, understand that Planning Application No. PA07-0247 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No. 07-016 and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. A/~>~;;~- SIGj;!frTURE / /:z.~07 DATE G:IPlanning\2007\PA07-0247 Unity Church CUPIPlanningICOA-CUP 9-07.doc 2 - EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07-0247 Project Description: A Minor Conditional Use Permit to allow Unity Church of Temecula, a religious institution without a daycare or private school, to operate within a 1,910 square foot suite of an existing 26,584 square foot commercial building located within the Business Park (BP) zone, generally located on the north side of Enterprise Circle North, approximately 500 feet north of Winchester Road, at 41743 Enterprise Circle North, Suite 108 Assessor's Parcel No. 909-281-024 MSHCP Category: DIF Category: TUMF Category: NIA N/A N/A Approval Date: November 29, 2007 Expiration Date: November 29, 2009 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)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. G:IPlanning\2007\PA07-0247 Unity Church CUPIPlanningICOA-CUP 9-07.doc 3 - '. GENERAL REQUIREMENTS G:IPlanning\2007IPA07-0247 Unity Church CUPIPlanningICOA-CUP 9-07.doc 4 - .. Planning Department 3. 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. 4. The applicant shall comply with their Statement of Operations for Planning Application No. PA07- 0247 on file with the Planning Department, unless superseded by these Conditions of Approval. 5. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 6. The City, and its Planning Director, 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 the business, a change in scope, emphasis, size or 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 Planning Director, Planning Commission, and City Council is in addition to, and not in-lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and 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. 7. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 8. 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. 9. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at least thirty days prior to expiration of the conditional use permit, up to three one-year extensions of time. Each extension of time shall be granted in one-year increments only. 10. A separate building permit shall be required for all signage (Sign Program may be required). 11. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Department a copy of a recorded Reciprocal Use Agreement, which provides for cross-lot access and parking across all lots. G:IPlanning\2007IPA07-0247 Unity Church CUP\PlanningICOA-CUP 9-07.doc 5 . , 12. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 13. Regular hours of operation shall be as follows (the Director of Planning may, upon written request of the applicant, administratively approve a change in hours of operation): Hours of Operation Permitted Use Monday through Friday 8:00 a.m. until 6:00 p.m Office use only (no assembly or church services/classes permitted) Thursday evening 6:00 p.m. until 10:00 p.m. Church Classes/Assembly Services permitted Sunday 10:00 a.m. until 3:00 p.m. Church Classes/Assembly Services permitted 14. The Director of Planning may, upon an application being filed within 30 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. 15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Building and Safety Department 16. 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. 17. All buildings and facilities shall comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1 , 1998). 18. Submit three copies of the plans for any proposed work requiring permits to Building and Safety for review and approval. 19. Obtain permits for all required work prior to start of construction during regular City business hours. Fire Prevention 20. During remodeling and/or additional 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). 21. 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. Single family residences and multi-family residential units shall have four (4) inch letters and lor numbers, as approved by the Fire Prevention Bureau (CFC 901.4.4). G:\Planning\2007IPA07-0247 Unity Church CUP\PlanningICOA-CUP 9-07.doc 6