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HomeMy WebLinkAbout08_016 DH ResolutionDH RESOLUTION NO.08-16 A RESOLUTION OF THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0150, A MINOR CONDITIONAL USE PERMIT TO OPERATE A DOG DAYCARE FACILITY WITHIN A 5,473 SQUARE FOOT INDUSTRIAL BUILDING LOCATED AT 27629 COMMERCE CENTER DRIVE (APN 921-800-005) Section 1. Procedural Findings. The Director of Planning of the City of Temecula does hereby find, determine and declare that: A. On July 2, 2008, Matthew Fagan Consulting Services filed Planning Application No. PA08-0150, a 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 Director of Planning, at a regular meeting, considered the Application and environmental review on September 11, 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. PA08-0150 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA08-0150, conformed to the City of Temecula's General Plan Development Code. Section 2. Further Findings. The Director of Planning, in approving Planning Application No. PA08-0150, hereby makes the following findings as required by Development Code Section 17.04.010, Conditional Use Permits. A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinances of the City; The proposed conditional use is consistent with the policies and land use designation of the General Plan and the standards of the Development Code. The project site is zoned Light Industrial (LI), which allows for dog kennels provided a Conditional Use Permit is approved and the parking is consistent with the required demand. The site is properly designed, and as conditioned, is physically suitable for the use type. 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. G:\PIANNING\2008\PA08-0750 Dogtopia Minor CUP\Planning\DH Reso.doc 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 as the facility has been designed to minimize any odor or noise impacts. The adjacent uses located within the same building as fhe proposed conditional use are uses that are consistent with the Light Industrial zoning designation. The dog kennel operation is not anticipated fo affect the other uses on-site. 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 was constructed to ensure adequate space for the construction of all necessary walls, fences, yards, buffer areas and landscape areas for future uses. The conditional use proposes minor changes to the secure parking area to accommodate the use. An analysis of the parking area has determined that there is adequate parking provided on the site to support the use during regular business hours. As conditioned, the conditional use will adequately integrate into the existing business complex and is anticipated to be a compatible use. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; 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 dog kennel in a light industrial zone. 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 surrounding 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 are intended to help preserve and protect the health, safety and general welfare of the community. G:\PLANNING\2008\PA08-0150 Doglopia Minor CUPWlanning\DH Reso.doc Section 3. Environmental Findings. The Director of Planning hereby makes 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). 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 sufficient parking spaces and improvements for the proposed use. No expansion of the building is proposed for the dog kennel. The building is not being expanded and the approval will not result in a significant expansion beyond that which exists currently. Section 4. Conditions. The Director of Planning of the City of Temecula approves Planning Application No. PA08-0150, a Minor Conditional Use Permit to operate a dog daycare facility, located at 27629 Commerce Center Drive, 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 City of Temecula Director of Planning this 11th day of September 2008. Debbie Ubnoske, Director of Planning I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 08-016 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 11th day of September 2008. v '^ ~%v ynthia iccia, Secretary G:\PIANNING12008\PA08-0150 Dogtopia Minor CUP\Planning\DH Reso.doc EXHIBIT A FINAL CONDITIONS OF APPROVAL 9~~/UP~ SCANNED: G '~~~ ~~~ DRIVE: PERMITS P 1 LUS: lTf1l"d' INITIALS: k ~ PLANNER: o J ACCEPTANCE OF CONDITIONS OF APPROVAL I, Patrick Moody, understand that Planning Application No. PA08-0150 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. 08-016 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. SIGNATUR DATE EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA08-0150 Project Description: Assessor's Parcel No. MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT A Minor Conditional Use Permit to allow for a dog daycare facility 27629 Commerce Center Drive 921-800-005 N/A N/A N/A September 11, 2008 September 11, 2010 Within 48 Hours of the Approval of This Project PL-1. The applicant/developershatl 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 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 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 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. PL-8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-g. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL-10. The applicant shall comply with their Statement of Operations dated June 27, 2008, on file with the Planning Department, unless superseded by these Conditions ofApproval. PL-11. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 ofthe City's 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. BUILDING AND SAFETY DEPARTMENT General Conditionsllnformation B-1. All design components shall comply with applicable provisions of the 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 details of all applicable disabled access provisions and building setbacks on plans. B-3. Provide disabled access from the public way to the main entrance of the building. B-4. Provide van accessible parking located as close as possible to the main entry. B-5. Show path of accessibility from parking to furthest point of improvement. B-8. Obtain all building plans and permit approvals prior to commencement of any construction work. As applicable to scope of work proposed. B-7. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-8. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Ordinance Number 94-21, specifically Section G(1) of Riverside County Ordinance Number 457.73, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Friday from 6:30 a.m. to 6:30 p.m., and Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays or Government Holidays. At Plan Review Submittal B-9. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. As applicable to scope of work proposed. B-10. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. B-11. Provide precise grading plan to verify accessibility for persons with disabilities. Prior to Issuance of Building Permit(s) B-12. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-13. Apre-construction meeting is required with the building inspector priorto the start of the 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. Prior to Issuance of Building Permit(s) F-2. For tenant improvement, 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-3. For tenant improvement, 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-4. 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 aminimum ofsix- 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-5. 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). PUBLIC WORKS DEPARTMENT F-6. The trench drain and filter shall be sized and installed per manufacture's recommendations.