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HomeMy WebLinkAbout011410 DH AgendaCALL TO ORDER: PUBLIC COMMENTS Item No. 1 Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: R: \Directors Hearing\Agendas \2010 \01 -14 -10 Agenda.doc AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING January 14, 2010 1:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 Patrick Richardson, Planning Director 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. 1:30 p.m. PA09 -0338 Conditional Use Permit The Empowerment Center MCUP Tiffany Baker A Minor Conditional Use Permit for a religious facility without daycare or an educational component 27262 Via Industria CEQA Categorically Exempt per Section 15301, Class 1 Existing Facilities Eric Jones The agenda packet (including staff reports) will be available for viewing at City Hall'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.cityoftemecula.org. DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Site: North: South: East: West: STAFF REPORT PLANNING CITY OF TEMECULA DIRECTOR'S HEARING January 14, 2010 Eric Jones, Case Planner Planning Application Number PA09 -0338, a Minor Conditional Use Permit for a religious facility without daycare or an educational component located within the West Point Business Center at 27262 Via Industrie Approve with Conditions Categorically Exempt Section 15301, Class 1 Existing Facilities Tiffany Baker The Empowerment Center Industrial Park (IP) Light Industrial (LI) Existing Office /Industrial Structures Light Industrial Existing Office /Industrial /Roick Drive Light Industrial Existing Office /Industrial Light Industrial Existing Office /Industrial Light Industrial Via IndustriaNacant Open Space Conservation Existinq /Proposed Min /Max Allowable or Required Lot Area: 4.44 Acres N/A Total Floor Area /Ratio: N/A N/A Landscape Area /Coverage: N/A N/A Parking Required /Provided: 34 For Use /171 Existing G: \PLANNING\2009 \PA09 -0338 The Empowment Center MCUP \Planning \STAFF REPORT.doc 1 BACKGROUND SUMMARY On November 19, 2009, Tiffany Baker submitted a Minor Conditional Use Permit for The Empowerment Center, a proposed religious facility. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The project will occupy 3,072 square feet within Building K of the recently completed West Pointe Business Center. Access to the center is provided by a driveway off Via Industria and an additional driveway off Roick Drive. All improvements for the center have been installed and the suites are ready for occupancy. The applicant has proposed no changes to the interior or exterior of the existing structure and the use will not include a daycare or educational component. Parking requirements for The Empowerment Center were calculated by using the methods described in Section 17.24.040 of the City of Temecula Development Code. This code provision requires that religious facilities be parked at the ratios of one space per three fixed seats and one space for every thirty -five feet of assembly area where there are no fixed seats. Because of these requirements, staff determined the worship center and conference areas of the use would need to be included in the parking calculation. Total parking for these areas equals 34 spaces. The overall West Pointe Business Center has 171 parking spaces. 15 of these spaces are designated as disabled. The Empowerment Center will have full use of these spaces without the need for a recorded reciprocal parking agreement because West Point Business Center was constructed on one parcel. Staff has also determined the operations of the use will not create a strain on the existing parking. This conclusion was made after reviewing the Statement of Operations provided by the applicant. This document indicated that the facility would function in a manner similar to an office use during normal business hours. Events typically associated with a church will be conducted after normal business hours or on weekends. The applicant will be required to abide by their Statement of Operations as a Condition of Approval. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on January 2, 2010 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). The proposed use is located in a vacant suite within an existing structure in a Light Industrial zoning district. The applicant has proposed no internal or external changes to the structure or surrounding site. In addition, religious facilities are a conditionally permitted use within light industrial zones provided a Conditional Use Permit is issued. G: \PLANNING\2009 \PA09 -0338 The Empowment Center MCUP Planning \STAFF REPORT.doc 2 FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. The project has been reviewed by the Planning, Building and Safety, Fire Prevention, Public Works, and Police Departments. These departments have determined that the project as proposed is consistent with all requirements of the City of Temecula General Plan and Development Code. 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 project has been reviewed and conditioned by the Planning, Building and Safety, Fire Prevention, Public Works, and Police Departments. These conditions ensure the use is compatible with the nature, condition and development of adjacent uses, buildings and structures. As a result, the proposed use will not adversely affect the adjacent uses, buildings or structures. 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 conditional use is in an existing structure. This structure and the surrounding site are 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 and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed use has been reviewed and conditioned by the Planning, Building and Safety, Fire Prevention, Public Works, and Police Departments to ensure consistency with all applicable policies, guidelines, standards and regulations intended to make certain the use will not be detrimental to the health, safety and general welfare of the community. 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. G: \PLANNING\2009 \PA09 -0338 The Empowment Center MCUP \Planning \STAFF REPORT.doc 3 The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit will be based on substantial evidence in view of the record as a whole before the Planning Director. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A Draft Conditions of Approval Notice of Public Hearing G: \PLANNING\2009 \PA09 -0338 The Empowment Center MCUP \Planning \STAFF REPORT.doc 4 VICINITY MAP 320 480 640 Feel PA09 -0338 PLAN REDUCTIONS sire PLAN KFYN01E5 o 0 AAAAnITATAL 0 cPR•PERtt LINE BUILDING K �.aar°.� -n om a,w slre LEGEND sa mum a .AS WS, Amu. Pat VC 3.0 Wpslyteat Q 0 PROPERTY LI V I A I N D U S T R I A A BUILTS ,;�,K„,„„ Vy LNLT SITE PLAN je, Flr� Floor.PlanBldg K JA rYPE TYPE se.ogia u.. 1y off :Lrgri:Z% oil Brkir Es. m mo hy-1.. Ea yam,. LEGEND •71.31. besoloviw. meal !lane &Bann coonil.eln• =PIN GENERAL NOTES AS•BUILTS 0 F— Z U to a n E <Z Z H 2 O Ln ozu co a I-- .oV Zr O W F— En W CONSTRUCTI yyn PIANBIDG A4.8 DH RESOLUTION DH RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0338, A MINOR CONDITIONAL USE PERMIT FOR A RELIGIOUS FACILITY WITHOUT DAYCARE OR AN EDUCATIONAL COMPONENT LOCATED AT 27262 VIA INDUSTRIA Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On November 19, 2009, Tiffany Baker, filed Planning Application No. PA09 -0338 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 Planning Director, at a regular meeting, considered the Application and environmental review on January 14, 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 Planning Director approved Planning Application No. PA09 -0338 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA09 -0338, conformed to the City of Temecula's General Plan Development Code (Minor Conditional Use Permit). Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA09 -0338, hereby makes the following findings as required by Minor Conditional Use Permit, Development Code Section 17.04.010.E. 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 project has been reviewed by the Planning, Building and Safety, Fire Prevention, Public Works, and Police Departments. These departments have determined that the project as proposed is consistent with all requirements of the City of Temecula General Plan and Development Code. 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 project has been reviewed and conditioned by the Planning, Building and Safety, Fire Prevention, Public Works, and Police Departments. These conditions ensure the use is compatible with the nature, condition and development of adjacent uses, buildings and structures. As a result, the proposed use will not adversely affect the adjacent uses, buildings or structures. 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 for the conditional use is in an existing structure. This structure and the surrounding site are 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 and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed use has been reviewed and conditioned by the Planning, Building and Safety, Fire Prevention, Public Works, and Police Departments to ensure consistency with all applicable policies, guidelines, standards and regulations intended to make certain the use will not be 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 for a conditional use permit will be based on substantial evidence in view of the record as a whole before the Planning Director. Section 3. Environmental Findings. The Planning Director hereby makes the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities); The proposed use is located in a vacant suite within an existing structure in a Light Industrial zoning district. The applicant has proposed no internal or external changes to structure or surrounding site. In addition, religious facilities are an allowable use within light industrial zones provided a Conditional Use Permit is issued. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PA09 -0338, A Minor Conditional Use Permit for a religious facility without daycare or an educational component located at 27262 Via Industria, 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 Planning Director this 14th day of January, 2010 Patrick Richardson, Planning Director I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 10- was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 14th day of January, 2010. Cynthia Lariccia, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09 -0338 Project Description: A Minor Conditional Use Permit for a religious facility without daycare or an educational component located at 27262 Via Industrie Assessor's Parcel No.: 909 324 -013 MSHCP Category: Exempt DIF Category: N/A TUMF Category: Exempt Approval Date: January 14, 2010 Expiration Date: January 14, 2012 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)). General Requirements PL -2. 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 -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. 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 -5. The Planning Director 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 -6. A separate building permit shall be required for all signage. PL -7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -8. 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 -9. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -10. The applicant shall comply with their Statement of Operations dated November 18, 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. 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. 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 -3. Obtain all building plans and permit approvals prior to commencement of any construction work. Prior to Issuance of Certificate of Occupancy B-4. Provide Panic hardware, exit signs B -5. Provide directional exit signs for second exit. 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. If no construction is being done at this facility, then a non construction Certificate of Occupancy permit will be required. 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. For any tenant improvement work, a fire sprinkler tenant improvement permit will be required. 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. For any tenant improvement work, a fire alarm tenant improvement permit will be required. Fire alarm plans shall be submitted to the Fire Prevention Bureau for Prior to Issuance of Certificate of Occupancy 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. F -5. A "Knox -Box" shall be provided. If one all ready on the building, then keys will be required from the new tenant to be placed inside the Knox Box. 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). POLICE DEPARTMENT General Requirements PD -1. The placement of all landscaping should be in compliance with guidelines from Crime Prevention through environmental Design (CPTED). PD -2. All existing exterior lighting to the structure must be in compliance with Mount Palomar Lighting Ordinance 655. PD -3. All exterior doors to have their own vandal resistant fixtures installed above each door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. PD -4. All exterior night lighting shall be wall mount light fixtures to provide sufficient lighting during hours of darkness. PD -5. Applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non business hours. The order, in part, states, "All California retail establishments, including, including but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1000 in accordance with Section 8565 of the California Government Code. PD -6. All doors, window, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD -7. Any graffiti painted or marked upon the structure should be removed or painted over within twenty -four (24) hours of being discovered. Report all crimes to the Temecula Police 24 -hour dispatch center at 951 696 -HELP. PD -8. Crime prevention through environmental design (CPTED) as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: PD -9. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. PD -10. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi public to private space. PD -11. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. PD -12. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. PD -13. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. PD -14. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. PD -15. Redesign space to increase the perception of natural surveillance. Abnormal users need to be aware of the risk of detection and possible intervention. Windows and clean lines -of sight serve to provide such a perception of surveillance. PD -16. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two -way radios, for example) and design efficiencies, such as the location of restrooms in a public building. PD -17. Business desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department. PD -18. Contact the Crime Prevention and Plans Unit if you have any questions relating to these conditions at 951 506 -6793. NOTICE OF PUBLIC HEARING Case No: Applicant: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING DIRECTOR to consider the matter described below: PA09 -0338 Tiffany Baker, The Empowerment Center A Minor Conditional Use Permit for a religious facility without daycare or an educational component located at 27262 Via Industria 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 adopted in compliance with CEQA (Section 15301, Class 1 Existing Facilities) Eric Jones, (951) 506 5115 City of Temecula, Main Conference Room January 14, 2010 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. 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) 506 5115.