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HomeMy WebLinkAbout10_004 DH Resolution DH RESOLUTION NO. 10 -04 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10 -0010, A MINOR CONDITIONAL USE PERMIT TO ALLOW THE RIVER SPRINGS CHARTER SCHOOL (K -12) TO OCCUPY TWO EXISTING BUILDINGS LOCATED AT 43040 MARGARITA ROAD (APN 955 - 150 -017) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On January 19, 2010 Lawrence Slusser, filed Planning Application No. PA10 -0010, a 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 June 3, 2010, 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. PA10- 0010 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA10 -0010, conformed to the City of Temecula's General Plan Development Code (Subdivision, Development Agreement). Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA10 -0010, hereby makes the following findings as required by the City of Temecula 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 General Plan land use designation for the proposed conditional use location is Low Medium (LM) residential. Educational institutions are allowed within this zone upon the approval of a Conditional Use Permit. Also, schools are permitted in the Paloma Del Sol Specific Plan. The school will occupy existing vacant buildings that were developed in accordance with all appropriate General Plan and Development Code Guidelines. No changes to the exterior of these structures are proposed. B. The proposed conditional use is compatible with the nature, condition and development of the 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 Public Works, Community Services, Building and Safety, Fire, and the Police Department to ensure it is compatible with the nature, condition and development of the adjacent uses, buildings and structures and that the use will not adversely affect adjacent uses, buildings or structures. Furthermore, potential traffic issues that could have resulted from the project have been successfully mitigated through Conditions of Approval that will require the school to institute a pick -up and drop -off plan as well as begin the school day after the peak AM hours. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood; The conditional use will be located within two existing vacant structures and no external modifications are proposed. Staff has verified that the site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in the Development Code so that it may integrate 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 conditional use has been reviewed and conditioned by Public Works, Building and Safety, Community Services, Fire, Police, and the Riverside County Department of Environmental Health to ensure it 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 is based on substantial evidence in view of the record as a whole before the Director of Planning or Planning Commission on appeal. Section 3. Environmental Findings. The Planning Director 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); The proposed conditional use will allow a charter school to be located within two existing structures on the same parcel. No external changes to the structure have been proposed as part of the project. A minor modification to the existing parking lot has been proposed that will allow for the conversion of 37 parking spaces into two playgrounds. No intensification or expansion of use is proposed or permitted by the land use. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PA10 -0010, a Minor Conditional Use Permit to allow the River Springs Charter School (K -12) to occupy two existing buildings located at 43040 Margarita Road, 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 3rd day of June 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 -04 was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 3rd day of June 2010. Cynthia Lar' ia, Secretary S EXHIBIT A FINAL CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA10 -0010 Project Description: A Minor Conditional Use Permit to allow the River Springs Charter School (K -12) to occupy two existing buildings located at 43040 Margarita Road Assessor's Parcel No.: 955 - 150 -027 MSHCP Category: Exempt (Existing Building; No Grading of Undisturbed Areas) DIF Category: N/A (Existing Building — No Expansion of Use) TUMF Category: Exempt (Existing Building — No Expansion of Use) Approval Date: June 3, 2010 Expiration Date: June 3, 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. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 4 (Paloma Del Sol). 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. 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 -11. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Department a copy of a recorded Reciprocal Use Agreement, which provides for cross -lot access and parking across all lots. PL -12. The applicant shall comply with their Statement of Operations dated January 19, 2010, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -13. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -14. 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 -15. Staff shall be permitted to observe parking and traffic patterns for the use for a period of six months. Staff shall also be permitted to amend these Conditions of Approval if deficiencies are observed. PL -16. The school day shall begin at 9:15 a.m. to ensure that it does not impact peak traffic of the surrounding area. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -17. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right -of -ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right -of -way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Planning Director. OUTSIDE AGENCIES PL -18. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated January 25, 2010, a copy of which is attached. 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. Obtain all building plans and permit approvals prior to commencement of any construction work. B -7. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B -8. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one - quarter mile of an occupied residence. The permitted hours of construction are Monday through Friday from 7:00 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 and nationally recognized Government Holidays. At Plan Review Submittal B -9. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B -10. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. Prior to Issuance of Building Permit(s) B -11. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B -12. A pre- construction meeting is required with the building inspector prior to the start of the building construction. COMMUNITY SERVICES DEPARTMENT General Conditions /information CS -1. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 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 demolition and construction debris. CS -3. All parkways, including within the right -of -way, landscaping, walls, fences, monument signs, and on -site lighting shall be maintained by the property owner or maintenance association. Prior to Issuance of Building Permit(s) CS -4. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of 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. 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. Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler tenant improvement 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 tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm tenant improvement 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. 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 -6. 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). POLICE DEPARTMENT General Requirements PD -1. Applicant shall ensure all landscaping surrounding all buildings is kept at a height of no more than three feet or below the ground floor windowsills. Plants, hedges and shrubbery shall be defensible plants to deter would -be intruders from breaking into the buildings utilizing lower level windows. PD -2. Applicant shall ensure all trees surrounding all building rooftops be kept at a distance to deter roof accessibility by "would -be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six -foot clearance from the buildings. PD -3. Berms shall not exceed three feet in height. PD -4. All parking lot lighting surrounding the complex shall be energy saving and minimized after hours of darkness in compliance with Title 24, Part 6, of the California Code of Regulations. PD -5. All exterior lighting shall be in compliance with Riverside Mount Palomar Lighting Ordinance 655, low pressure sodium lighting preferred. PD -6. All exterior doors shall have vandal resistant light fixtures installed above each door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. PD -7. All lighting affixed to the buildings shall be wall mount light fixtures to provide sufficient lighting during hours of darkness. PD -8. 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, 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 Title 24, Part 6, of the California Code of Regulations. PD -9. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD -10. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24- hour dispatch Center at (951) 696 -HELP. PD -11. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi- tenant offices /suites /businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. PD -12. Any public telephones located on the exterior of the buildings shall be placed in a well - lit, highly visible area, and installed with a "call -out only' feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. PD -13. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. PD -14. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department. PD -15. Crime prevention through environmental design 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 recommendations below: a. 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. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi - public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. , Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. 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. f. 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. g. 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. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. 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 -16. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695 -2773. PUBLIC WORKS DEPARTMENT General Requirements PW -1. Unless otherwise noted, all conditions shall be completed by the developer at no cost to any Government Agency. It is understood that the developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PW -2. A Grading Permit for precise grading, including all on -site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City- maintained street right -of -way. PW -3. The project shall include construction -phase pollution prevention controls into the design of the project to prevent non - permitted runoff from discharging off site or entering any storm drain system or receiving water. Prior to Issuance of a Building Permit PW -4. A grading plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards, and shall be reviewed and approved by the Department of Public Works prior to the commencement of grading. The grading plan shall include all necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion. PW -5. The developer shall post security and enter into an agreement guaranteeing the grading and erosion.control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works in accordance with Grading Ordinance Section 18.24.120. PW -6. Construction -phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. PW -7. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the Planning Department, or other affected agencies. PW -8. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. PW -9. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. PW -10. The developer shall obtain letters of approval for any off site work performed on adjoining properties. The letters shall be in format as directed by the Department of Public Works. Prior to Issuance of Certificate of Occupancy PW -11. As deemed necessary by the Department of Public Works the developer shall receive written clearance from Rancho California Water District, Eastern Municipal Water District, or other affected agencies. PW -12. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. PW -13. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. CNTY OF RIVERSIDE • COMNITY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTE City of Temecula Planning Department C/o Eric Jones PO BOX 9033 Temecula, CA 92589 -9033 25 January 2010 RE: PA10 -0010 The Department of Environmental Health (DEH) has received and reviewed the PA10- 0010 for the Minor Conditional Permit to allow the River Springs Charter School (K -12) to occupy an existing building located at 43040 Margarita Road, under the applicant: Larry Slusser. The proposed school building is located on this Assessor's Parcel Number (APN 955- 150 -027) and is connected to a potable water line and sanitary sewer from an approved purveyor. Any food vending or restaurant use of the building shall require REHS inspector compliance by the County of Riverside DEH. If your have any questions, please do not hesitate to call me at 951.955.8980 Sincerely, Gregor Dellenbach, REHS EHS100068 R EC EI VED FEB 0 g 2010 By Locai Enforcement Agency - P.O. Box 1280, Riverside, CA 92502 -1280 • (951) 955 -8982 • FAX (951) 781 -9653 • 4080 Lemon Street, 9th Floor, Riverside, CA 92501 Land Use and Water Engineering - P.O. Box 1206, Riverside, CA 92502 -1206 • (951) 955 -8980 - FAX (951) 955 -8903 • 4080 Lemon Street, 2nd Floor, Riverside, CA 0250;