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HomeMy WebLinkAbout08_014 DH ResolutionDH RESOLUTION NO. 08-014 A RESOLUTION OF THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0051, A MINOR CONDITIONAL USE PERMIT TO AUTHORIZE THE OPERATION OF FARO DE LUZ NUEVA ESPERANZA (LIGHTHOUSE COMMUNITY CHURCH) IN A 3,564 SQUARE FOOT SPACE (SUITE D) WITHIN AN EXISTING 18,400 SQUARE FOOT INDUSTRIAL BUILDING LOCATED AT 41636 ENTERPRISE CIRCLE NORTH (APN 909-282-010). Section 1. Procedural Findings. The Director of Planning of the City of Temecula does hereby find, determine and declare that: A. On February 25, 2008 Mr. Kassen Klein representing Alex Medrano ,filed Planning Application No. PA08-0051 Minor Conditional Use Permit Application 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 Deputy Director of Planning, at a regular meeting, considered the Application and environmental review on July 24, 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 Deputy Director of Planning approved Planning Application No. PA08-0051 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA08-0051 conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Director of Planning, in approving Planning Application No. PA08-0051 hereby makes the following findings as required by Development Code Section 17.04.010 -Conditional Use Permits. 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. According to the General Plan, the Industrial Park (IP) land use designation anticipated uses such as warehouses, light industrial and light manufacturing uses and professional offices. Originally, the building in which Lighthouse Community Church is proposed to be located was constructed to house uses consistent with the Industrial Pak land use designation. However, since the Deve/opment Code implements the City of Temecula's General Plan and church's are conditionally permitted in the Business Park zone, which is G:IPLANNING\2008\PA08-0057 Lighthouse Community Church CUP\Planning\DH resolution no.doc consistent with the Industrial Park land use designation, the proposed project, as conditioned is consistent with the General Plan. The proposed project meets all applicable Development Code requirements, including parking, and as conditioned is not anticipated to have an adverse impact on surrounding uses. 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 the adjacent uses, building and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The adjacent uses located within the same building as the proposed conditional use are uses that are consistent with the Business Park zoning designation. The uses consist of a combination of distribution, office and warehouse type uses and operate Monday -Friday during normal business hours. The proposed conditional use (Lighthouse Community Church) will not adversely impact the adjacent uses, buildings or structures. The church will operate on Wednesday evenings and on Sunday mornings. The church's operation is not anticipated to effect the other uses on-site as the hours of operation for the church are off-peak from the hours of the other uses in the buildings. It has been determined that the project, as conditioned, is compatible with the existing uses and will not adversely impact them. 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 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 and loading facilities, buffer areas, landscaping and other development features prescribed in the Development Code in order to integrate the use with the other uses in the neighborhood. The building in which the proposed conditional use is to be located was constructed to ensure adequate space for the construction of all necessary walls, fences, yards, buffer areas and landscape areas. The conditional use does not propose to change or modify any of the above mentioned features. An analysis of the parking area has determined that there is adequate parking provided on the site to support both the office, warehouse and distribution type uses during the daytime hours, and accommodate the proposed church during evening and weekend hours. As conditioned, the conditional use will adequately integrate into the existing neighborhood and is not anticipated to be an incompatible use. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; G:WLANNING12008\PA08-0051 lighthouse Community Church CUP\Planning\DH resolution no.doc The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed conditional use is a church (Lighthouse Community Church) which is proposed to be located within an existing light industrial suite. It has been determined that the proposed conditional use, as conditioned, will not adversely impact the adjacent buildings, uses or structures and that the use is compatible with the sun-ounding area. The health, safety and general welfare of the community is not anticipated to be adversely impacted by the conditional use, as the project meets all applicable Development Code requirements, which is intended to help preserve the health, safety and general welfare of the community. Section 3. Environmental Findings. The Director of Planning hereby makes 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 (CEQA Section 15301, Class 1 Existing Facilities). The proposed project has been determined to be categorically exempt from further environmental review and qualifies for a Class 1 exemption. According to the CEQA Guidelines, the primary consideration in determining whether or not a project qualifies for a Class 1 exemption is to consider if the project involves negligible or no expansion of the use. The existing building was originally anticipated to house industrial, office or warehouse type uses, or other uses as conditionally permitted. The proposed conditional use will be located within an existing industrial suite and the project scope does not involve any physical expansion of the existing building. The land use (proposed church) has been analyzed and it has been determined that since the use will be located within an existing building and no physical expansion is involved in the scope of the project that further environmental review is not necessary. The project is consistent with a Class 1 exemption and meets all applicable Development Code requirements and is therefore anticipated to have a less than significant impact on the environment. Section 4. Conditions. The Director of Planning of the City of Temecula approves Planning Application No. PA08-0051, A Minor Conditional Use Permit to authorize the operation of Faro de Luz Nueva Esperanza (Lighthouse Community Church) in a 3,564 square foot space (Suite D) within an existing 18,400 square foot industrial building located at 41636 Enterprise Circle North, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:IPLANNING12008\PA08-0051 Lighthouse Community Church CUP\Planning\DH resolution no.doc Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Deputy Director of Planning this 24th day of July 2008. ~~~ Patrick Richardson, Deputy Director of Planning I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 08-014 was duly and regularly adopted by the Deputy Director of Planning of the City of Temecula at a regular meeting thereof held on the 24th day of July 2008. l~hthy' S+ pki s, ~S cretary G:IPLANNING\2008\PA08-0051 Lighthouse Community Church CUP\Planning\DH resolution no.doc EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: $/~z~a~ G DRIVE: 8~/L~01~ PERMITS PLUS• 8/~~~r INITIALS: PLANNER: Ctr„~ G:\PLANNING\2008\PA08-0051 Lighthouse Community Church CUP\Planning\FINAL COA's - EXHIBIT A.doc C~~~ OF T EIIgECL~~ a 0 ACCEPTANCE OF CONDITIONS OF APPROVAL I;-AAr:-Kassera-KJ~i~,.~cg~esentipgMr. Alex Medrano) understand that Planning Application No. PA08-0051 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. 08-014 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. - ~S-~V Sl TU E DATE G:\PLANNING\2008\PA08-0051 Lighthouse Community Church CUP\Planning\FINAL COA's -EXHIBIT A.doc EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA08-0051 Project Description: A Minor Conditional Use Permit to authorize the operation of Faro de Luz Nueva Esperanza (Lighthouse Community Church) in a 3,564 square foot space (Suite D) within an existing 18,400 square foot industrial building located at 41636 Enterprise Circle North Assessor's Parcel No.: 909-282-010 MSHCP Category: Commercial DIF Category: Service Commercial TUMF Category: Service Commercial Approval Date: July 24, 2008 Expiration Date: July 24, 2010 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-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)). PL-2. The applicant shall review and sign the Acceptance of Conditions ofApproval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. General Requirements PL-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 G:\PLANNING\2008\PA08-0051 Lighthouse Community Church CUP\Planning\FINAL COA's - EXHIBIT A.doc 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. PL-4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-5. 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. PL-8. 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 3 one-year extensions of time, one year at a time. PL-7. A separate building permit shall be required for all signage and a sign program may be required per Development Code Section 17.28. PL-8. The development of the premises shall substantially conform to the approved site plan and floor retained on file with the Planning Department for PA08-0051. PL-g. 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. PL-10. The applicant shall comply with their Statement of Operations dated May 27, 2008 on file with the Planning Department, unless superseded by these Conditions ofApproval. PL-11. This Conditional Use Permit maybe revoked pursuantto Section 17.03.080 of the Cites Development Code. PL-12. The City, 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 business, a change in scope, emphasis, size of 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, 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. G:IPLANNING\2008\PA08-0051 Lighthouse Community Church CUP\Planning\FINAL COA's - EXHIBIT A.doc PL-13. The 986 square feet of future classroom space (as shown on the floor plan) will only be utilized for break-out groups and/or children's classes as ancillary uses only. This space shall not be permitted to be used as additional assembly space for the congregation. PL-14. Church services and any other assembly use related to the church shall take place in the 1,375 square foot assembly space as consistent with the floor plan. Church services or any other type of assembly use shall not be permitted in the classroom space or warehouse/storage space. PL-15. An expansion of the 1,375 square foot assembly space shall require a modification to be filed with the Planning Department to expand this Conditional Use Permit. PL-16. The 660 square foot warehouse/storage space shall be used for incidental church storage only. As indicated in correspondence and the statement of operations submitted by the applicant items such as chairs, tables, musical instruments, speakers, cables, water, paper items etc. may be stored in this space. The storage of hazardous materials or chemicals is not permitted. PL-17. The hours of operation for the church shall be limited to Wednesday evenings from 7:30 p.m. to 9:00 p.m. and Sundays from 10:00 a.m. to 12:00 noon. PL-18. The 660 square foot warehouse/storage area shall have the same hours of operations as the church use. The storage area shall only be accessed by church officials during normal church operating hours. PL-19. The warehouse/storage area shall not be used as additional assembly space. PL-20. A separate building permit shall be required for all future improvements including the addition of the future classroom space and future assembly area as required by the Building and Safety Department. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-21. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." PL-22. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of afleast G:\PLANNING120081PA08-0051 Lighthouse Community Church CUP\Planning\FINAL COA's - EXHIBIT A.doc three square feet in size. PL-23. All site improvements including but not limited to parking areas and striping shall be installed. PL-24. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL-25. The applicant shall comply with the correspondence from the County of Riverside Department of Environmental Health's transmittal dated February 29, 2008, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. All design components shall comply with applicable provisions ofthe 2007 edition ofthe 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. B-2. Provide disabled access from the public way to the main entrance of the building. B-3. Provide van accessible parking located as close as possible to the main entry. B-4. Show path of accessibility from parking to furthest point of improvement. B-5. Obtain all building plans and permit approvals prior to commencement of any construction work. B-8. Provide an approved automatic fire sprinkler system. At Plan Review Submittal B-7. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-8. Provide a Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2007 edition of the California Building Code. B-9. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. B-10. Provide precise grading plan to verify accessibility for persons with disabilities Prior to Issuance of Building Permit(s) B-11. Provide appropriate stamp of a registered professional with original signature on plans. G:\PLANNING\20081PA08-0051 Lighthouse Community Church CUP\Planning\FINAL COA's - FJCHIBIT A.doc Prior to Beginning of Construction B-12. Apre-construction meeting is required with the building inspectorpriortothestartofthe building construction. FIRE PREVENTION General Requirements F-1. 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. F-2. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items 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 Chapter 1). Prior to Issuance of Building Permit(s) F-3. If changes are being made with the addition of wall then 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. F-4. There needs to be a notification device in the suite. If there is not a notification device (horn or horn/strobe) the 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 Issuance of Certificate of Occupancy F-5. 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 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.(CFC Chapter 5, Section 505.1 and Temecula City Ordinance 15.16.020 Section E). F-6. 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 Chapter 5, Section 506). G:\PLANNING\2008\PA08-0051 Lighthouse Community Church CUP\Planning\FINAL COA's - F>CHIBIT A.doc CG :TY OF RIVERSIDE 17EPA~RTMENT OF E RONMENTAL HEALTH ;~... r-, -.. L, ~, L I, ~~,'/7 City of Temecula Planning Department c/o KATIE LECOMTE PO BOX 9033 Temecula, CA 92589-9033 29 February 2008 RE: PA08-0051 ~ ti+#lg Derla~tmcrrt The Department of Environmental Health (DEH) has received and reviewed the PA08- 0051 for the Conditional Use Permit (CUP) to authorize a minor (MCUP) for the operation of the Faro de Luz Nueva Esperanza (Lighthouse Community Church) in a 3,564 square foot industrial building located at 41636 Enterprise Circle North, under the applicant: Alex Medrano ~ 5 The planning applicatjo r~gtes, according to the applicant, that although Suite D is 3,564 ~A s~ Cd square feet only39-7sfj~iare fe t of assembly area is proposed to be utilized by the church "~' ~ user. The remaining-z'';E24 ~aze feet of vacant/storage space will not be used as church Smc6 lat space and will not be authorized as part of this MCUP. „~ym~1k~ o~- ~roQa vh • ~~t`j0"r The event is located at - ,R as ~ APN 909-282-010 at 41636 Enterprise Circle North, Temecula. Water and sewer availability for customer use can be found along Enterprise Circle North. If the church ever sells food for fund raising to the general public from this site, they will be required to submit for food plan check compliance by the County of Riverside DEH. Please call Bonnie Dierking, Supervising RES at 951.461.0284. If you have any questions, please do not hesitate to call me at 951.600.6180 Sincerely, Gregor Delle ach, REHS EHS080361 ($234.00) Locnl Ery(orcement Agency R0. Box 1280, Riverside, CA 92502-1280 (951) 955-8982 FAX (951) 781-9653 4080 Lemon Street, 9th Flaor, Riverside, CA 92501 Lund Use and Water Engineering • RQ Box 1206. Riverside, CA 92502-1206 • (951, 955-8980 • FAX (951) 955-8903 • 4080 Lemon Street, 2nd Floor, Riverside. CA 9250: