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HomeMy WebLinkAbout07_018 DH Resolution DH RESOLUTION NO. 07-018 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0283, A MINOR CONDITIONAL USE PERMIT TO ALLOW FOR THE ESTABLISHMENT OF A DAY SPA BUSINESS AT 41653 MARGARITA ROAD, SUITE 105, LOCATED IN THE OVERLAND RETAIL CENTER WITHIN PLANNING AREA 1 OF THE TEMECULA REGIONAL CENTER SPECIFIC PLAN (APN 921-830-029) Section 1. Procedural Findinas. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On October 8, 2007, Joseph and Judith Roach of Spa Escape filed Planning Application No. PA07-0283 (Minor 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 December 13, 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. PA07-0283. subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0283 conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findinas. The Planning Director, in approving the Planning Application No. PA07-0283 hereby makes the following findings as required by Section 17.040.01 O.E (Conditional Use Permit) of the Temecula Municipal Code: Conditional Use Permit DeveloDment Code Section 17.040.010.E A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposed day spa is conditionally permitted in the Temecula Regional Center Specific Plan and is consistent with Professional Office land use designation contained in the General Plan, as well as the standards within the Development Code. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of use proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local G:\Planning\2007\PA07-0283 Spa Escape Minor CUP\Planning\DH Reso.doc 1 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 Temecula Regional Center Specific Plan and General Plan. The proposed use is consistent with the surrounding mixture of uses including office, general retail, and restaurant establishments. The proposed use will not adversely affect, nor be affected by, any of the surrounding properties because the use will occur within an existing building suitable for a day spa establishment. 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; The proposed conditional use is consistent with the Specific Plan zoning and meets all of the applicable requirements of the Development Code. The existing building is adequate in size and shape to accommodate the proposed day spa use without affecting the parking, loading areas, landscaping, and other development features required by the Development Code for all uses on the site and within the commercial center. 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 3. Environmental Findinas. The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor 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 project consists of the authorization to operate a day spa business within an existing commercial retail center, involving vel}' minor renovations to the interior of one unit. The building is not being expanded and the project will not result in the expansion of the use beyond that which exists currently. G:\Planning\2007\PA07.0283 Spa Escape Minor CUP\Planning\DH Reso.doc 2 Section 4. Conditions. That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0283, a Minor Conditional Use Permit to allow a day spa business at 41653 Margarita Road in the Overland Retail Center within Planning Area 1 of the Temecula Regional Center Specific Plan, 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 C~la this 13th day of December 2007. Patrick Richardson, Principal Planner I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 07-018 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 13th day of December 2007. _Io~~ thia Lariccitysecretary G:\Planning\2007\PA07-0283 Spa Escape Minor CUP\Planning\DH Reso.doc 3 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\Plannlngl2007\PA07-o283 Spa Escape Minor CUPlPlannlnglFlNAL COAs.doc 1 SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: ~.j /~!Jt/Ol . I..~ II 107 J..J . / ACCEPTANCE OF CONDITIONS OF APPROVAL I, Judith Roach, understand that Planning Application No. PA07-0283 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.o,-oI8and 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. C ) 0wL,:.fG a _____ .I/?V- ~ATURE Jo/;J!o7 DATE G:\Planning\2007\PA07-o283 Spa Escape Minor CUP\planninglFlNAL COAs.doc 2 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07-0283 Project Description: A Minor Conditional Use Permit to allow for the establishment of a day spa business at 41653 Margarita Road, Suite 105, located in the Overland Retail Center within Planning Area 1 of the Temecula Regional Center Specific Plan Assessor's Parcel No. 921-830-029 NIA MSHCP Category: DIF Category: TUMF Category: NIA NIA Approval Date: December 13,2007 Expiration Date: December13,2009 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\2007IPA07-0283 Spa Escape Minor CUPIPlanninglFINAL COAs.doc /' 3 GENERAL REQUIREMENTS G:IPlanningI2007IPA07-0283 Spa Escape Minor CUPIPlanninglFINAL COAs.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 dated October 8, 2007, 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 lest thirty days prior to expiration of the conditional use permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. 10. Regular hours of operation shall be between 8 a.m. and 8 p.m. Monday through Friday, 8 a.m. and 5 p.m. on Saturdays, and 10 a.m. and 4 p.m. on Sundays. 11. A separate building permit shall be required for all signage. G:IPlanning12007lPA07.0283 Spa Escape Minor CUPIPlanninglFINAL COAs,doc 5 12. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. 13. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Building and Safety Department 14. 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. Please note, plans submitted after December 31, 2007 will be required to meet the provisions of the California 2007 model codes. 15. Obtain all building plans and permit approvals prior to commencement of any construction work. 16. Show all building setbacks. 17. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). 18. Provide disabled access from the public way to the main entrance of the building. 19. Provide van accessible parking located as close as possible to the main entry. 20. Show path of accessibility from parking to furthest point of improvement. 21. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 22. 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. S~~Q 7:00a.m-6~p.m. No work is permitted on Sundays or Government Holidays Fire Prevention 23. 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. 24. 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). G:IPlanning\2007\PA07-0283 Spa Escape Minor CUP\PlanningIFINAL COAs.doc 6 Community Services Department 25. 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. G:IPlanningI2007\PA07.0283 Spa Escape Minor CUPIPlanninglFINAL COAs.doc 7 PRIOR TO ISSUANCE OF BUILDING PERMIT G:IPlanningI2007\PA07-0283 Spa Escape Minor CUPIPlanninglFINAL COAs.doc 8 Building and Safety Department 26. Restroom fixtures, number and type, ,to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 27. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 28. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 29. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 30. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Fire Prevention 31. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 32. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. 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:IPlanning\2007\PA07-0283 Spa Escape Minor CUPIPlanninglFINAL COAs,doc 9 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:IPlanningI2007IPA07-0283 Spa Escape Minor CUPIPlanninglFINAL COAs.doc 10 Planning Department 34. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 35. 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 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). 36. Based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation (cFc Article 10, cBc Chapter 9). 37. Based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation (cFc Article 10). 38. 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 riser sprinkler room (cFc 902.4). G:IPlanningI2007\PA07-0283 Spa Escape Minor CUPIPlanninglFINAL COAs,doc 11 OUTSIDE AGENCIES G:\Planning\2007\PA07-0283 Spa Escape Minor CUP\Planning\FINAL COAs.doc 12 39. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated October 15, 2007, a copy of which is attached. G:IPlanningI2007IPA07-0283 Spa Escape Minor CUPIPlanninglFINAL COAs.doc 13 o (,0UNTY OF RIVERSIDE · HEALTH SERVICES AGENCY 0 DEPARTMENT OF ENVIRONMENTAL HEALTH City ofTemecula Planning Department clo Dana Schuma PO BOX 9033 Temecula, CA 92589-9033 15 October 2007 "dl82D'WPIe" J' .,.,; ~ IUD7 0 ., ~,,,,"tL.,.,,,,,J RE: PA07-0283 The Department of Environmental Health (DEH) has received and reviewed the P A07- 0283 for the Minor Conditional Use Permit to establish a day spa business at 41653 Margarita Road, Suite 105 located in the Overland Retail Center under applicant: Joseph and Judith Roach. The CUP is required to obtain swimming pool/spa plan check from this DEH prior to building permit issuance from the City ofTemecula. This project is located within the Temecula Regional Center Specific Plan. (APN 921-830-029) Any future food facility the applicant shall contact this Department at 951.461.0284 for food plan check compliance by the County of Riverside DEH. If your have any questions, please do not hesitate to call me at 951.955.8980 Sincerely, I Gregor ellenbach, REHS EHS073316 ($234.00) Local Enforcement Agency' P.O, Box 1280. Riverside. CA 92502-1280 . (9091 955.8982 . FAX (9091 781-9653 . 4080 Lemon 5treet. 9th Floor. Riverside. CA 92501 Land Ust' and Water Enoineerino . PO Rox 1206. Riverside CA 92502~1206 . (qoC)\ qSS.RqRl) . FAX IQnQl Q_~E;.RQn_'=l. . .di1R(Uan>....n ,trnnL ?nrl j:'1."M Qi"Mri,.!... rt> QI)l:;nl