Loading...
HomeMy WebLinkAbout010809 DH AgendaAGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING JANUARY 8, 1:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Debbie Ubnoske, Director of Planning PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Planning Director on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with.the Planning Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number: PA07-0307 Project Type: Minor Conditional Use Permit Project Title: Julian Charter School Applicant: Jennifer Cauzza Project Description: A Minor Conditional Use Permit for the operation of a public charter school for grades kindergarten through eighth within an existing commercial structure. Location: 27235 Madison Avenue Project Planner: Betsy Lowrey The agenda packet (including staff reports) will be available for viewing at City HalI's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be available for viewing the Friday before the Director's Hearing after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www'.dtyoftemecula.org. P:\Planning\Directors-Hearing\2009\01-08-09 Agenda.docl / STAFF REPORT — PLANNING CITY OF TEMECULA . DIRECTOR'S HEARING DATE OF MEETING: January 8, 2009 PREPARED BY: Betsy Lowrey, Case Planner PROJECT Planning Application Number PA07-0307, a Minor Conditional Use SUMMARY: Permit for the operation of a public charter school for grades kindergarten through eighth, within an existing commercial structure, located within the Service Commercial (SC) zone, generally located at the southwest corner of Madison Avenue and Buecking Drive, at 27235 Madison Avenue [APN 910-272-013] RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Jennifer Cauzza, Executive Director, Julian Charter School General Plan Service Commercial (SC) Designation: Zoning Designation: Service Commercial (SC) Existing Conditions/ Land Use: Site: Service Commercial (SC) / Existing commercial structure North: Service Commercial (SC) / Vacant South: Service Commercial (SC) / Office structure East: Service Commercial (SC) / Retail center West: Service Commercial (SC) / Vacant Existing/Proposed Min/Max Allowable or Required Lot Area: Not applicable; no development proposed Total Floor Area/Ratio: Not applicable; no development proposed Landscape Area/Coverage: Not applicable, no development proposed Parking Required/Provided: Not applicable; no development proposed G\PLANNING\2007\PA07-0307 JUlian Charter School Minor CUP\Planning\DIRECTOR'S HEARING\STAFF REPORT.doc 1 BACKGROUND SUMMARY Planning Application PA07-0307 is a request for a Minor Conditional Use Permit by Jennifer Cauzza, Executive Director of Julian Charter School, to operate a public charter school for grades kindergarten through eighth grade. The school will operate within an existing commercial structure located within the Service Commercial (SC) zone at 27235 Madison Avenue. After the application was submitted on October 30, 2007, the project was deemed incomplete since it was proposed within the Service Commercial (SC) zone, which did not permit a public school. Pursuant to the Development Code at the time of submittal, a private school could be conditionally permitted within the Service Commercial (SC) zone; however, a public school could be neither permitted, nor conditionally permitted, within the Service Commercial (SC) zone. Therefore, the application for the proposed public Julian Charter School remained in pending status from January 2008 through November 2008 while staff pursued a Development Code amendment to remove delineation within the Development Code that differentiated between public school and private school zoning designations. The concept for a revised school Ordinance was posed to the Planning Commission on March 19, 2008 and to the City Council on May 13, 2008. Thereafter, the City Council formed an ad -hoc subcommittee and determined that a Development Code amendment was appropriate and directed staff to draft an Ordinance to revise the Development Code to provide that all schools be reviewed and processed in the same manner. Ultimately, the Planning Commission and City Council determined that, from a land use perspective, there is no difference between a public and a private school and all schools should be analyzed equally and thoroughly through the City's Conditional Use Permit process. The proposed Development Code amendment was recommended for approval by the Planning Commission on September 17, 2008 and approved by the City Council on November 18, 2008. As a result, the City Council adopted Ordinance 08-11, effective January 8, 2009, amending the Development Code to provide that public and private schools are processed and reviewed in the same manner with the review of a Conditional Use Permit in certain zones, including Service Commercial (SC). Consistent with Ordinance 08-11, a public charter school within the Service Commercial zone (as proposed herein) may be permitted upon adequate review and approval of a Conditional Use Permit. Staff has reviewed the project pursuant to this process and has worked with the applicant to ensure that any concerns have been addressed. The applicant concurs with the recommended Conditions of Approval. ANALYSIS A charter school is a public school that offers a varied curriculum for students as an alternative choice to a traditional public school setting. The proposed school use corresponds with the defined term "Educational Institution" pursuant to Ordinance 08-11, which will be codified within Development Code Section 17.34.010 effective January 8, 2009. Likewise, Educational Institutions within the Service Commercial (SC) zoning district may be permitted, subject to approval of a Conditional Use Permit. As indicated on the Statement of Operations, and verified with the applicant, the curriculum for the proposed Julian Charter School provides for no more than 160 students to be on site at this location at any given time. The school will be open from approximately 7:30 a.m. until 5:00 p.m. G.\PLANNING\2007\PA07-0307 Julian Charter School Minor CUP\Planning\DIRECTOR'S HEARING\STAFF REPORT.doc 2 with classes generally between the hours of 8:30 a.m. and 2:45 p.m., Monday through Thursday. On Friday the facility will be used for staff development only with no students. Staff has analyzed the Statement of Operations, Statement of Justification, floor plan, and site plan, including site parking and surrounding uses, and the proposed educational institution is consistent with all policies and guidelines intended to protect the health and safety of those within and around the site. In addition, the proposed educational institution is consistent with the General Plan and the Development Code requirements, including Ordinance 08-11. Site Plan/Landscaping/Architecture The proposed Minor Conditional Use Permit for an educational institution will result in no exterior modifications to the site plan or the existing commercial building. This is an existing building that meets all of the architectural requirements and minimum development standards as approved by Planning Application No. PA05-0100 and constructed in 2007. Its building lot coverage of 27 percent is below the maximum permitted lot coverage of 30 percent. In addition, existing landscaping of 28 percent exceeds the minimum 20 percent required landscaped open space. Finally, the provided 52 parking spaces exceed the required 18 parking spaces for the proposed school use. Duping review of the Conditional Use Permit application for an educational institution for kindergarten through eighth grade, staff was initially concerned with the lack of an exterior play area for the children. The applicant has indicated that the academic program offered at this charter school provides indoor -only academic instruction to students and that no athletic programs or outside activities are offered as part of the curriculum at this site. The applicant further indicated that the students currently eat lunch inside their classrooms at their existing facility located on Vallejo Drive, and that will be the procedure for this location. In addition, a 2,142 square foot indoor multi -purpose room will be utilized for recess. While there is a small picnic area located outside multi purpose room which will be utilized for employees and faculty, the Property Owners Association is requiring that all school activities shall take place completely within the building as outlined in the January 24, 2008 letter from North Jefferson Business Park Association on file within the Planning Department. Consistent with the proposed curriculum for this school, and for the benefit of the surrounding businesses as well as the safety of the students, the project is additionally conditioned to ensure that all school activities shall take place completely within the building except for student fire drills and emergency -related preparedness activities (Condition of Approval No. PL-13). Access and Circulation The Public Works Department has analyzed the projected traffic impact for the project and has no concerns. The impacts are consistent with the traffic volumes projected for the site by the previously approved City of Temecula General Plan EIR. The Fire Department also reviewed the plan and determined that there is proper circulation to provide emergency services to the site. Although the existing site provides adequate circulation for anticipated vehicles to drop off and pick up children with two points of ingress and egress within the site, staff has conditioned the Applicant to provide a detailed pick-up and drop-off plan for further review and approval by the City to ensure the safety of the children during start and end times of school (Condition of Approval PL-14). In addition, sidewalks exist on both sides of the street along Buecking Drive and Madison Avenue for pedestrian access. The Building and Safety Department has also reviewed the application and determined that there is proper ADA accessibility. Furthermore, the Building and Safety Department reviewed the project as well as concurrently reviewed . GAPLANNING\2007\PA07-0307 Julian Charter School Minor CUP\Planning\DIRECTOR'S HEARING\STAFF REPORT.doc 3 interior tenant improvements and, as conditioned, the proposed project is in compliance with all Building and Safety standards and regulations. Conclusion Staff has determined that the project is consistent with all applicable City Ordinances, standards, and guidelines and recommends that the Planning Director approve Planning Application No. PA07-0307 (Minor Conditional Use Permit) based upon the findings and the attached Conditions of Approval. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on December 20, 2008 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION 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). In accordance with the California Environmental Quality Act, the proposed project, a Minor Conditional Use Permit to authorize the operation of a Charter School learning center, has been deemed exempt from further environmental review. It has been determined that the project will not have a significant effect on the environment and is declared categorically exempt from further environmental review per CEQA Section 15301, Class 1 (Existing Facilities). The project involves negligible or no expansion of an existing use. The 13,083 square foot commercial structure, which Julian Charter School Learning Center will occupy, was constructed in 2007 pursuant to Planning Application PA05-0100 as approved by the City of Temecula Planning Commission. The proposed conditional use for a learning center for Julian Charter School does not include any new exterior structural modifications and does not expand the existing structure. The site contains sufficient parking spaces and improvements for the proposed use. Furthermore, no outdoor school activities are proposed or permitted at this school site and all activities will be enclosed within the existing structure as was intended for this building. The building is not being expanded and the approval will not result in a significant expansion of use. As conditioned, the proposed use involves a negligible expansion of use for the commercial structure. FINDINGS Section 17.04.010.E —Conditional Use Permits The proposed conditional use is consistent with the City of Temecula General Plan and Development Code. The proposed conditional use is consistent with the General Plan and the Development Code. Ordinance No. 08-11, effective January 8, 2009, revises Development Code Section 17.08 to include public schools as part of the Educational Institution use designation, which is allowable within the Service Commercial (SC) zoning district. upon the approval of a Conditional Use Permit. The approval of this project is subject to a number of operational conditions, one of which restricts all school activities to be within the structure which is consistent with Applicant's GAPLANNING\2007\PA07-0307 Julian Charter School Minor CUP\Planning\DIRECTOR'S HEARING\STAFF REPORT.doc 4 plan for the proposed charter school program and also consistent with the Property Owners Associations' requirement in a letter dated January 21, 2008 on file within the Planning Department. Furthermore the project is conditioned to comply with its proposed Statement of Operations. As conditioned, the project is consistent with all of the goals and policies of the General Plan, and meets all applicable Development Code standards for a conditionally permitted use. 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. Julian Charter School is proposing an indoor -only learning center and all school activities and functions will remain within the enclosed commercial structure. Furthermore, the proposed charter school learning center is proposed within a stand- alone. commercial structure (with no shared walls) on its own separate 1.12 acre lot with two separate ingress and egress access points; one along Madison Avenue and one along Buecking Drive. One of the access points, along Madison Avenue, is shared with the adjacent property owner on Madison Avenue and Planning staff has discussed this with the City's traffic engineer and determined that the combination of two access points along Buecking Drive and Madison Avenue is adequate to meet the needs both the proposed school and the existing office structure on Madison Avenue. In addition, the proposal has been reviewed by the Property Owners' Association and found to be acceptable within the property association as conditioned by the Property Owners' Association. Furthermore, the project, as conditioned, will ensure compliance with the Property Owners' Association requirement to preclude outdoor school activities. Therefore the project as proposed and conditioned is deemed to have minimal impact to the surrounding properties which include retail, office and vacant properties. It is also worthy to note that there is an existing college and religious institution located within the same business block of the proposed charter school learning center, neither of which are known to staff to adversely affect adjacent uses and are complementary to the proposed learning center charter school. Staff has deemed the proposed use is compatible with the nature, condition and development of surrounding uses. 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 for the proposed conditional use is an existing 13,083 square foot structure located on its own 1.12 acre lot. The existing site has been developed and constructed to accommodate all required yards, walls, and fences. No physical changes or modifications to the exterior of the existing site are proposed as a part of this project. It has been determined that the existing parking and loading facilities are adequate to support this use and are consistent with the off- street parking requirement contained within Development Code Section 17.24. All buffer areas and landscaping currently exist, and meet all applicable Development Code requirements. No modifications are being made to the landscaping as a part of this project. The use, as conditioned, will be fully contained within the existing structure, and is compatible with the surrounding commercial uses. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of community. G:\PLANNING\2007\PA07-0307 Julian Charter School Minor CUP\Planning\DIRECTOR'S HEARING\STAFF REPORT.doc 5 The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The conditional use has been analyzed and reviewed to ensure that the project will not adversely affect the health, safety and general welfare of the citizens of Temecula. The project has been appropriately conditioned to ensure that the health, safety and welfare of the community will be protected and promoted. The conditional use was reviewed by the Department of Public Works, Fire and Building and Safety and, as conditioned, found to be consistent with the Development Code as well as Fire and Building and Safety codes. ATTACHMENTS Aerial Map Statement of Operations and Statement of Justification Plan Reductions DH Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing G:\PLANNING\2007\PA07-0307 Julian Charter School Minor CUP\Planning\DIRECTOR'S HEARING\STAFF REPORT.doc 6 AERIAL MAP City of,Temecula ail �.c / rt.'?r 1V l+^at t s '�?^ 4 44 r• i t� '�.e�' ,y �><rl'.vr �• r-%*i`.a:�i�°}y�y toai •l 1 Project Sit J \9� 1, a l4`+ \ 1 l .e � N. V•+��� �� $ y`\ '-_'. ,?OL ' + � s C � • � *` � p3\t �1 1�. y 1 �9'�'"° t , . � rc� �••t off. ��\ '3.s '.. 't� '`S�� �\in 5 t Q � �...4r 'i.�ir. a� �,1�5+''vh i�y.•dt�xa ��1� �t_ ri l.�y,M1�'. J`�) t • 1 F � +"s '�ti.@ �. K. 'qaF' .� t � �'ir«lq� '•Q Y� '\�., ��IL �l�\ �F`.�,� Qa ���` �r�' ti 4 u i.°`♦C)�wr4� is +'a`[n"Y,��!JT4:f,/ ?s . ".1 .9svW. I 0 112.5 225 450 675 Feet ray�r p r m the City of Temecula Geographic de County System. This map was and from by the Riverside Assessor's The map is derived from base data produced N^ Agency o Transportation and Land Management Agency of Riverside and the and Lan DepartmentCounty, The Temecula assumes no warranty responsibility for the County. The CityofT 19tlY ior on rep on this map. Data and information represented on this map in contained on are subject to update and modification. The Geographic anion System and subject m r nthar cmunr+.e chnuN ho nuonnd rnr rM1n mnm nm-ranl n� inlnrmathn STATEMENT OF OPERATIONS -anua(q S 2-009 C. Statement of Operations Statement of Operations For the Innovation Centre, a program of Julian Charter School 6 Hours and Days of Operation The facility will be used generally from 7:30 to 5:00 Monday through Thursday. Classes are currently held from 8:30 to 2:45. Friday the facility will be used for staff development. e) Number of Employees Currently, there are 11 employees that work at the site. 6 Number of Required Parking The staff would need 11 parking places; parents will use parking when they are dropping off and picking up their children. e) Average Daily Peak Trips Generated Peak parking time would be 8:15-8:30 in the morning and 2:30-3:00 in the afternoon Monday -Thursday. Type of Equipment or Processes Used General office equipment Facility is used for direct instruction of children in grades Kindergarten through 8. There would be no more than 160 children on site in any given day. �y Description of Hazardous Materials No hazardous materials are being used at this site Other Descriptions that effectively Describe theProposed Use See attached program description for additional information. 7 E. Statement of Justification i. Julian Charter School feels the site is suitable and adequate for the proposed use. The site has enough square footage to house the program we are intending to create. The parking is more than adequate. 2. The proposed use and design would not have any substantial adverse effect on traffic circulation and on the planned capacity of the street system because most of our families car-pool reducing the amount of vehicles coming to the facility. Because of the location of the project, the parking can easily come up Beuking street and exit out on Sanborn street to Jefferson creating a loop effect. 3. The project would only enhance the general welfare of persons and businesses in the community in which the site is to be located. 4. The design of the project is compatible with the existing and proposed development within the district and its surrounding; however, it is not what was intended for this `business park' area. We have found that quiet areas are great places to locate charter facilities. This area is nice and quiet and not overcrowded, which is what we are looking,for. The staff and students will be inside for the most part of the work day, and when we have open houses and parent programs, they will mostly be held at the end of the day and into the evening hours which will not conflict with local businesses at all. PLAN REDUCTIONS log u' s R6de:1gF m 7 of d'pd E��3 �1P, I I� tl pyL r Ty Y m komn���csJvv rs •m e 7—pp ;; a• 'n ® ®®®®o0 0 e 0®o00000©000000000 § F� g a1 a dirt ap G R nn 4 s• ¢app3 a 5 �. d s 99 e 4 g d 4 �R• R- a 9 Rd % R E u $a f'$ R °i ➢: i Est p •z°s a. allc s a A &aa t3 . �G � 1 •S '� y � � S$F di d�s� g PY 'p. � �m g R A° m JULIAN CHARTER SCHOOL '$ yI s FIC "55 &IAC L FICE 3UILCINGp- M55 FKII U I'1:° A \ AVE U �Ik' G- CGNC RCCR TeM�CULA. CA DH RESOLUTION G:\PLANNING\20071PA07-0307 Julian Charter School Minor CUP\Planning\DIRECTOR'S HEARING\DH resolution no.doc DH RESOLUTION NO. 09- A RESOLUTION OF THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0307, A MINOR CONDITIONAL USE PERMIT FOR THE OPERATION OF A PUBLIC CHARTER SCHOOL FOR GRADES KINDERGARTEN THROUGH EIGHTH, WITHIN AN EXISTING COMMERCIAL STRUCTURE, LOCATED WITHIN THE SERVICE COMMERCIAL (SC) ZONE, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF MADISON AVENUE AND BUECKING DRIVE, AT 27235 MADISON AVENUE [APN 910-272-0131 Section 1. Procedural Findings. The Director of Planning of the City of Temecula does hereby find, determine and declare that: A. On October 30, 2007, Jennifer Cauzza, Executive Director of Julian Charter School, filed Planning Application No. PA07-0307 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 January 8, 2009, 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. PA07-0307 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0307, conformed to the City of Temecula's General Plan Development Code. Section 2. Further Findings. The Director of Planning, in approving Planning Application No. PA07-0307, hereby makes the following findings as required by Development Code Section 17.04.010.E. A. The proposed conditional use is consistent with the City of Temecula General Plan and Development Code. The proposed conditional use is consistent with the General Plan and the Development Code. Ordinance No. 08-11, effective January 8, 2009, revises Development Code Section 17.08 to include public schools as part of the Educational Institution use designation, which is allowable within the Service Commercial (SC) zoning district upon the approval of a Conditional Use Permit. G:\PLANNING\2007\PA07-0307 Julian Charter School Minor CUP\Planning\DIRECTOR'S HEARING\DH resolution no.doc The approval of this project is subject to a number of operational conditions, one of which restricts all school activities to be within the structure which is consistent with Applicant's plan for the proposed charter school program and also consistent with the Property Owners Associations' requirement in a letter dated January 21, 2008 on file within the Planning Department. Furthermore the project is conditioned to comply with its proposed Statement of Operations. As conditioned, the project is consistent with all of the goals and policies of the General Plan, and meets all applicable Development Code standards for a conditionally permitted use. 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. Julian Charter School is proposing an indoor -only learning center and all school activities and functions will remain within the enclosed commercial structure. Furthermore, the proposed charter school learning center is proposed within a stand-alone commercial structure (with no shared walls) on its own separate 1.12 acre lot with two separate ingress and egress access points; one along Madison Avenue and one along Buecking Drive. One of the access points, along Madison Avenue, is shared with the adjacent property owner on Madison Avenue and Planning staff has discussed this with the City's traffic engineer and determined that the combination of two access points along Buecking Drive and Madison Avenue is adequate to meet the needs both the proposed school and the existing office structure on Madison Avenue. In addition, the proposal has been reviewed by the Property Owners' Association and found to be acceptable within the property association as conditioned by the Property Owners' Association. Furthermore, the project, as conditioned, will ensure compliance with the Property Owners' Association requirement to preclude outdoor school activities. Therefore, the project as proposed and conditioned is deemed to have minimal impact to the surrounding properties which include retail, office and vacant properties. It is also worthy to note that there is an existing college and religious institution located within the same business block of the proposed charter school learning center, neither of which are known to staff to adversely affect adjacent uses and are complementary to the proposed learning center charter school. Staff has deemed the proposed use is compatible with the nature, condition and development of surrounding uses: 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. GAPLANNING\2007\PA07-0307 Julian Charter School Minor CUP\Planning\DIRECTOR'S HEARINGTH resolution no.doc The site for the proposed conditional use is an existing 13,083 square foot structure located on its own 1.12 acre lot. The existing site has been developed and constructed to accommodate all required yards, walls, and fences. No physical changes or modifications to the exterior of the. existing site are proposed as a part of this project. /t has been determined that the existing parking and loading facilities are adequate to support this use and are consistent with the off- street parking requirement contained within Development Code Section 17.24. All buffer areas and landscaping currently exist, and meet all applicable Development Code requirements. No modifications are being made to the landscaping as a part of this project. The use, as conditioned, will be fully contained within the existing structure, and is compatible with the surrounding commercial uses. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of community. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The conditional use has been analyzed and reviewed to ensure that the project will not adversely affect the health, safety and general welfare of the citizens of Temecula. The project has been appropriately conditioned to ensure that the health, safety and welfare of the community will be protected and promoted. The conditional use was reviewed by the Department of Public Works, Fire and Building and Safety and, as conditioned, found to be consistent with the Development Code as well as Fire and Building and Safety codes. 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. In accordance with the California Environmental Quality Act, the proposed project, a Minor Conditional Use Permit to authorize the operation of a Charter School learning center, has been deemed exempt from further environmental review. It has been determined that the project will not have a significant effect on the environment and is declared categorically exempt from further environmental review per CEQA Section 15301, Class 1 (Existing Facilities). The project involves negligible or no expansion of an existing use. The 13,083 square foot commercial structure, which. Julian Charter School Learning Center will occupy, was constructed in 2007 pursuant to Planning Application PA05-0100 as approved by the City of Temecula Planning Commission. The proposed conditional use for a learning center for Julian Charter School does not include any new exterior structural modifications and does not expand the WPLANNING\2007\PA07-0307 Julian Charter School Minor CUP\Planning\DIRECTOR'S HEARINGOH resolution no.doc existing structure. The site contains sufficient parking spaces and improvements for the proposed use. Furthermore, no outdoor school activities are proposed or permitted at this school site and all activities will be enclosed within the existing structure as was intended for this building. The building is not being expanded and the approval will not result in a significant expansion of use. As conditioned, the proposed use involves a negligible expansion of use for the commercial structure. Section 4. Conditions. The Director of Planning of the City of Temecula approves Planning Application No. PA07-0307, a Minor Conditional Use Permit for the operation of a public charter school for grades kindergarten through eighth, within an existing commercial structure, located within the Service Commercial (SC) zone, generally located at the southwest corner of Madison Avenue and Buecking Drive, at 27235 Madison Avenue, 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 8th day of January 2009. Debbie Ubnoske, Director of Planning I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 09- was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 8th day of January 2009. Kathy Simpkins, Secretary G:\PLANNING\2007\PA07-0307 Julian Charter School Minor CUP\Planning\DIRECTOR'S HEARING\DH resolution no.doc EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA07-0307 Project Description: Planning Application Number PA07-0307, a Minor Conditional Use Permit for the operation of a public charter school for grades kindergarten through eighth, within an existing commercial structure, located within the Service Commercial (SC) zone, generally located at the southwest corner of Madison Avenue and Buecking Drive, at 27235 Madison Avenue Assessor's Parcel No.: 910-272-013 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: January 8, 2009 Expiration Date: January 8, 2011 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 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-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. 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-9. 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 January 8, 2009, 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. PL-13. All school activities, including recess and lunch, shall be conducted within the building, except student fire drills (and similar emergency -related preparedness activities) will be permitted outdoors. No outdoor athletic programs are permitted at this site. PL-14. Prior to occupancy, the applicant shall provide a Traffic Drop -Off and Pick -Up Plan which illustrates and details traffic flow, drop off points and pick up points, and a narrative that describes the peak times expected for dropping off and picking up children, as well as anticipated adult supervision during these times, for review and approval by the City. PL-15. No exterior school bells shall be permitted. BUILDING AND SAFETY DEPARTMENT General Conditions/information 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 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-6. 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. B-7. Obtain all building plans and permit approvals prior to commencement of any construction work. B-8. _ Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate'approvals and permits. B-9. 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. B-10. Developments with multi -tenant buildings or shell buildings shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal B-11. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-12. 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-13. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. B-14. Provide precise grading plan to verify accessibility for persons with disabilities. Prior to Issuance of Building Permit(s) B-15. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-16. A pre -construction meeting is required with the building inspector prior to the start of the building construction. COMMUNITY SERVICES DEPARTMENT CS-1. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website at www.cityoftemecula.org; under Chapter 5.08 of the Municipal Code. CS-2. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction and demolition debris. 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. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5, Section 503.4). Prior to Issuance of Building Permit(s) F-3. 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. 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. Prior to Issuance of Certificate of Occupancy F-5. Hydrant locations shall be identified by the installation of reflective markers (blue dots per Temecula City Ordinance 15.16.020 Section E). F-6. 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-7. 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). F-8. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5, Section 503.3). F-9. A simple floor plan and plot plan as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Contact Fire Prevention for alternative file formats that may be acceptable. NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula DIRECTOR'S HEARING to consider the matter described below: Case No: PA07-0307 Applicant: Jennifer Cauzza on behalf of Julian Charter School Proposal: A Minor Conditional Use Permit for the operation of a public charter school for grades kindergarten through eighth within an existing commercial structure, located on a 1.12 acre parcel within the Service Commercial (SC) zone, generally located at the southwest corner of Madison Avenue and Buecking Drive, at 27235 Madison Avenue. Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA (Section 15301, Class 1, Existing Facilities) Case Planner: Betsy Lowrey, (951) 693-3959 Place of Hearing: City of Temecula, Council Chambers Date/Time of Hearing: January 8, 2009, 1:30 p.m. Any person may submit written comments to the Planning Director before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Director is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Planning Director is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Director, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 693-3959. REQUESTS TO SPEAK DIRECTOR'S HEARING REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the Minute Clerk. Thank You! Date: rJ 7 1 wish to speak on Agenda Item No.: /A 07— 4 3 6 7 For Against ❑ Subject: �ti� Y</�enTny/ L L.lZn J / Cq Name: ACvlet 4 L1r6 Address: V/J-- 14 C we 1' ww-yY I - are representing an organization or group, please give the name: The Planning Director will call your name when the matter comes up. Please go to the podium and state your name and address for the record. Thank you! DIRECTOR'S HEARING REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the Minute Clerk. Thank You! Date: - I 1 wish to speak on Agenda Item No.: For E3'�- Against ❑ Subject: Q,4 o7 - o3� Name: L Gin /- State2lp: %®•�� �. ' Phone: If you are re resenting an organisation o group ease give the name: The Planning Director will call your name when the matter comes up. Please go to the podium and state your name and address for the record. Thank you!