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HomeMy WebLinkAbout09_001 DH ResolutionDH RESOLUTION NO. 09-001 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. GAPLANNING\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. G:\PLANNING\2007\PA07-0307 Julian Charter School Minor CUP\Planning\DIRECTOR'S HEARING\DH 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. 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. 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 G:\PLANNING\2007\PA07-0307 Julian Charter School Minor CUP\PlanningTIRECTOR'S HEARINGTH 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. 09-001 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. .Z-thy Si kips, cretary G:\PLANNING\2007\PA07-0307 Julian Charter School Minor CUP\Planning\DIRECTOR'S HEARING\DH resolution no.doc EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS P WS: INITIALS:-) PLANNER:ret.,~, l1121oq 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 Student Drop-Off and Pick-Up Plan which illustrates and details on-site 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. If any directional signs are proposed, they shall be located only on private property (and not within the public right-of-way) and shall be approved 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 number and type of restroom fixtures, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. B-13. Provide precise grading plan to verify accessibility for persons with disabilities. Prior to Issuance of Building Permit(s) B-14. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-15. 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.