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HomeMy WebLinkAbout08_008 DH ResolutionDH RESOLUTION NO. 08-008 A RESOLUTION OF THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0010, A MINOR CONDITIONAL USE PERMIT TO ALLOW FOR SHEPHERD CHRISTIAN CHURCH TO OPERATE WITHIN A 1,803 SQUARE FOOT UNIT IN AN EXISTING OFFICE BUILDING LOCATED AT 41823 ENTERPRISE CIRCLE NORTH, SUITE 100 (APN 909-281-003) Section 1. Procedural Findings. The Director of Planning of the City of Temecula does hereby find, determine and declare that: A. On January 15, 2008, Myung Hur, filed Planning Application No. PA08- 0010, (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 Director of Planning, at a regular meeting, considered the Application and environmental review on April 3, 2008, 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 Director of Planning approved Planning Application No. PA08-0010 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA08-0010 conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Director of Planning, in approving the Planning Application No. PA08-0010 hereby makes the following findings as required by Section 17.04.010.E (Minor Conditional Use Permit) of the Temecula Municipal Code: Development Code Section 17.04.010.E 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 institution without daycare or private school provided a Conditional Use Permit is approved and the parking is consistent with the required demand. The site is properly planned and zoned, and as conditioned, is physically suitable for the use type. The use, as conditioned, is also consistent with other applicable G.\Planning\2008\PA08-0010 Shepherd Christian Church MCUP\Planning\DH Rcso.doc 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 the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the area 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 during the stated hours of operation. 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 City Council in order to integrate the use with other uses in the neighborhood; The conditional use is consistent with the Development Code and the project meets all of the applicable requirements. The site is adequate in size and shape to accommodate the proposed 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 community; The proposed conditional use will not be detrimental to the health, safety, or general welfare of the community as it will provide additional opportunities and services to the community. 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 Findings. The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit: 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); 1. The project involves negligible or no expansion of an existing use. The proposed use is within an existing multi-tenant building. The site contains G:APlanning\2008VPA08-0010 Shepherd Christian Church MCUPAPlanningVDH Reso.doc 2 sufficient parking spaces and improvements for the proposed use. No expansion of the building is proposed for the church. The building is not being expanded and the approval will not result in a significant expansion beyond that which exists currently. Section 4. Conditions. That Director of Planning of the City of Temecula hereby approves Planning Application No. PA08-0010, a Minor Conditional Use Permit to allow for Shepherd Christian Church to operate in an existing office building located at 41823 Enterprise Circle North, 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 Director of Planning of the}}Ci^^tynno~~f Temecula this 3`d day of April 2008. Steve rown, Principal Planner I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-008 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 3`d day of April 2008. ot/ Cyn is Laricci ecretary G:APlanning\2008VPA08-0010 Shepherd Christian Church MCUPAPlanningADH Reso.doe 3 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: ~ ~/~~- SCHUMA G:\Planning12008\PA08-0010 Shepherd Christian Church MCUP\PlanninglDraft COA.doc 1 APR 0 91008 ACCEPTANCE OF CONDITIONS OF APPROVAL I, Myung Hur understand that Planning Application No. PA08-0010 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. 08-008 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. /~°~`~ SIGNA URE DATE G:\Planning\2008\PA08-0070 Shepherd Christian Church MCUP1PIanning\Draft COA.doc 2 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA08-0010 Project Description: A Minor Conditional Use Permit to allow for Shepherd Christian Church to operate within a 1,803 square foot unit in an existing office building located at 41823 Enterprise Circle North, Suite 100 Assessor's Parcel No. 909-281-003 MSHCP Category: N/A DIF Category: N/A TUMF Category: NIA Approval Date: April 3, 2008 Expiration Date: April 3, 2010 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project 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 ofSixty-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)). 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. General Requirements 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, offcers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any G'.\Planning\2008\PA08-0010 Shepherd Christian Church MCUP\Planning\Draft COA.doc 3 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 February 11, 2008, 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. 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 as follows: Hours of Operation Permitted Use Sundays: 8:00 a.m. to 12:00 p.m. Tuesdays: 7:00 p.m. to 8:30 p.m. Saturdays: 9:00 a.m. to 10:30 a.m. Tuesday through Saturday 5:30 a.m. to 6:30 a.m. Worship Services Bible Study Morning Prayer Tuesday through Friday 9:00 a.m. to 5:00 p.m. Office Administration (study/counseling services only; no assembly permitted) 11. A separate building permit shall be required for all signage. 12. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. G~.\Planning\2008\PA08-0010 Shepherd Christian Church MCUP\Planning\Draft COA.doc 4 13. The development of the premises shall substantially conform to the approved site plan and floor plan contained on file with the Planning Department. 14. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DEPARTMENT General Requirements 15. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 16. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 forthe regulation of light pollution. All streetlights 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. 17. Obtain all building plans and permit approvals prior to commencement of any construction work. 18. Show all building setbacks. 19. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). 20. Provide disabled access from the public way to the main entrance of the building. 21. Provide van accessible parking located as close as possible to the main entry. 22. Show path of accessibility from parking to furthest point of improvement. 23. Commercial and Industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 24. 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- quartermile 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 Prior to Issuance of Building Permit 25. Prior to submitting for plan review, obtain street addressing for all proposed buildings priorto submittal for plan review. 26. At plan review submittal, restroom fixtures, number and type, shall be in accordance with the provisions of the 2007 edition of the California Plumbing Code. G:\Planning~2008\PA08-0010 Shepherd Christian Church MCUP\Planning\Draft COA.doc 5 27. At plan review submittal, provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 28. At plan review submittal, 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. Apre-construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 31. 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. 32. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC Appendix Chapter 1). Prior to Issuance of Building Permit 33. 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. 34. 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. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 35. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020 Section E). 36. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial, multi-family residential and industrial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of six-inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four-inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC 505.1 and City Ordinance 15.16.020 Section E). 37. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC 506). G:\Planning\2008\PA08-0010 Shepherd Christian Church MCUP\Planning\Draft COA.doc 6