HomeMy WebLinkAbout08_024 DH Resolution
DH RESOLUTION NO. 08-024
A RESOLUTION OF THE DIRECTOR OF PLANNING OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA08-0225, A MINOR CONDITIONAL
USE PERMIT FOR A FITWIZE FOR KIDS FACILITY
LOCATED AT 31795 RANCHO CALIFORNIA ROAD,
SUITE B400 TOTALING 3,023, SQUARE FEET WITHIN
THE MEADOWS VILLAGE SHOPPING CENTER
Section 1. Procedural Findings. The Director of Planning of the City of
Temecula does hereby find, determine and declare that:
A. On September 30, 2008, John Clement filed Planning Application No.
PA08-0225, aConditional 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 December 4, 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. PA08-0225
subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PA08-0225 conformed to the Margarita Village Specific Plan, City of
Temecula's General Plan and Development Code.
Section 2. Further Findings. The Director of Planning, in approving Planning
Application No. PA08-0224, hereby makes the following findings as required by
17.04.010. E.1:
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The proposed facility is consistent with the City of Temecula General Plan and
Development Code. The Development Code allows for health and fitness
facilities within Neighborhood Commercial districts provided they do not exceed
5,000 square feet. The proposed use will occupy 3,023 square feet.
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;
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The proposed conditional use is compatible with the nature, condition, and
development of adjacent uses, buildings and structures since it is already
allowed with an approved Conditional Use Permit within a Neighborhood
Commercial zoning district.
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 site proposed for the conditional use is adequate. The site has been
developed as a neighborhood commercial center. Therefore, this type of use
was anticipated during the center's permitting process.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The Conditional Use Permit application has been reviewed by Building and
Safety, Fire, Public Works, Community Services, and the Police Department.
Each of these departments has indicated that the use is not detrimental to the
health, safety, and general welfare of the community.
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 will be
based on substantial evidence in view of the record as a whole before the
Director of Planning.
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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 proposed use will be located within a suite of an existing shopping
center. In addition, health and fitness facilities less than 5,000 square feet
are an anticipated use by the City of Temecula Development Code in
Neighborhood Commercial zoning designations. The proposed Fitwize for
Kids facility will total 3,023 square feet.
Section 4. Conditions. The Director of Planning of the City of Temecula
approves Planning Application No. PA08-0225, a Minor Conditional Use Permit for a
Fitwize for Kids facility located at 31795 Rancho California Road, Suite B400, totaling
3,023 square feet within the Meadows Village Shopping Center, generally located on
the southeast corner of Rancho California Road and Meadows Parkway, 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 4th day of December 2008
Debbie Ubnoske, Director of Planning
I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby
certify that the forgoing DH Resolution No. 08-024 was duly and regularly adopted by
the Director of Planning of the City of Temecula at a regular meeting thereof held on
the 4th day of December 2008.
K y i ki retary
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
SCANNED: l2-6'-'o r
G DRIVE: PERMITS PLUS:
INITIALS: C4-'~P
PLANNER: ?0-0-0
i
ACCEPTANCE OF CONDITIONS OF APPROVAL
I, John Clement, understand that Planning Application No. PA08-0225 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. 08-024 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.
12 - o
DATE'
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA08-0225
Project Description: A Minor Conditional Use Permit for a Fitwize for Kids facility located
at 31795 Rancho California Road, Suite B400, totaling 3,023 square
feet within the Meadows Village Shopping Center
Assessor's Parcel No.: 954-030-002
MSHCP Category: Exempt
DIF Category: N/A
TUMF Category: N/A
Approval Date: December 4, 2008
Expiration Date: December 4, 2010
PLANNING DEPARTMENT
Within 48 Hours of the Approval of This Project
PL-1. The applicant/developer shall deliverto 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
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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-6. 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. This project and all subsequent projects within this site shall be consistent with Specific
Plan No. SP-3, Margarita Village.
PL-8. A separate building permit shall be required for all signage.
PL-9. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department.
PL-10. The applicant shall comply with their Statement of Operations dated September 29,
2008, on file with the Planning Department, unless superseded by these Conditions of
Approval.
PL-11. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the
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.
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OUTSIDE AGENCIES
PL-13. The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's transmittal dated October 20, 2008, a
copy of which is attached.
BUILDING AND SAFETY DEPARTMENT
General ConditionslInformation
B-1. 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.
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. Submit at time of plan review, a complete exterior site lighting plan showing compliance
with Ordinance Number 655 for the 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 aimed not to shine
directly upon adjoining property or public rights-of-way. As applicable to the scope of
work proposed.
B-6. Obtain all building plans and permit approvals prior to commencement of any
construction work.
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 number and type of restroom fixtures, to be in accordance with the provisions
of the 2007 edition of the California Plumbing Code.
B-9. Provide precise grading plan to verify accessibility for persons with disabilities.
Prior to Issuance of Building Permit(s)
B-10. Provide appropriate stamp of a registered professional with original signature on plans.
Prior to Beginning of Construction
B-11. A pre-construction meeting is required with the building inspector prior to the start of
tenant improvements.
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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 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 Chapter 1).
Prior to Issuance of Building Permit(s)
F-3. If any new walls are to be constructed the 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. If there is not a notification device located in the suite then 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. These plans must
be submitted prior to the issuance of building permit. If there are duct smoke detectors
in the suite and they have not been tied into the fire alarm control panel for monitoring,
then a permit will need to be obtained from the Fire Prevention Bureau.
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).
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