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Home My WebLink About030311 DH Agenda AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING March 3, 2011 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 CALL TO ORDER: Patrick Richardson Director of Planning and Redevelopment 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 ace called to speak, please come forward and state your name and address. , Item No. 1 1:30 p.m. Project Number: PA10-0352 - Project Type: Minor Conditional Use Permit Project Title: SJVC Minor CUP Applicant: Kimberly Boone, San Joaquin Valley College Project Description: A Minor Conditional Use Permit to allow San Joaquin Valley College to operate in an existing structure within an area zoned Service Commercial � Location: 27270 Madison Avenue Environmental Action: CEQA Section 15301, Class 1 Existing Facilities Project Planner: Eric Jones Item No. 2 Project Number: PA10-0335 Project Type: Minor Conditional Use Permit Project Title: Golds Gym Applicant: John Clement, Venture Point Project Description: A Minor Conditional Use Permit to allow a gym to be located within an existing commercial center (Meadows Village) Location: 31771 Rancho California Road Environmental Action: CEQA Section 15301, Class 1 Existing Facilities Project Planner: Eric Jones � The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 41000 Main Street and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packetwill 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. R:\Directors HearingWgendas�2011\03-03-11 Agenda.doc ITEM 1 STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: March 3, 2011 � PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application No. PA10-0352, a Minor Conditional Use SUMMARY: Permit application to allow San Joaquin Valley College to operate within an existing structure in an area zoned Service Commercial at 27270 Madison Avenue (APN: 910-272-005) RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Ezisting Facilities PROJECT DATA SUMMARY Name of Applicant: Kimberly Boone on behalf of San Joaquin Valley College General Plan Service Commercial (SC) ' � Designation: Zoning Designation: Service Commercial (SC) Existing Conditions/ Land Use: Site: Existing Office Structure / Service Commercial (SC) North: Existing Commercial Structure / Service Commercial (SC) South: Existing Office Strucutre / Service Commercial (SC) � East: Interstate 15 West: Madison Avenue, Vacant Lot / Service Commercial (SC) Existinq/Proqosed Min/Max Allowable or Required Lot Area: 1.66 Acres 0.92 Acres Total Floor Area/Ratio: N/A � N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: 98 Provided/0 Proposed 98 Minimum Required G:\PLANNING�2010\PA10-0352 San Joaquin Valley College CUP\Planning\Hearing\STAFF REPORT.docx BACKGROUND SUMMARY On December 23, 2010 Kimberly Boone, on behalf of San Joaquin Valley College, submitted Planning Application No. PA10-0352. The application is for a Minor Conditional Use Permit to allow San Joaquin Valley College to conduct classes within an existing office building. 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 San Joaquin Valley College proposes to conduct classes within an existing two-story office building located in a Service Commercial zoning district. The college plans to occupy 17,913 square feet of the 29,186 square foot structure. No external structure or site modifications are proposed as part of the application. Per the City of Temecula Develop.ment Code (Table 17.08.030), Educational Institutions are permitted in Service Commercial zoning districts upon the approval of a Conditional Use Permit. The City of Temecula Development Code requires that Colleges and Universities be parked at a ratio of 1 space per employee plus 4 spaces/10 students based on maximum classroom capacity. The use will require 120 spaces based on these variables. Tfie site provides 98 " parking spaces for the structure. However, the Statement of Operations for the college states that classes will be conducted in three sessions Monday through Friday. Further, the total number of employees and students for each session will be no more than 75. Session hours are as follows: � 7:30 a.m. - 12:00 p.m. 1:00 p.m: - 5:00 p.m. 5:30 p.m. - 10:00 p.m. The project has been conditioned to comply with the hours and total number of employees and students in each session listed in the Statement of Operations: These Conditions of Approval will ensure adequate parking is available for the use. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on February 17, 2011 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 project is located within an existing two-story office building. No external structural or site modifications are proposed for the project. The project is located within an urbanized area and will only impact� the structure housing the use. A vacant lot exists directly across Madison Avenue; however, this lot will not be affected by the project. The project property and surrounding areas, with the exception of the vacant lot, have already been fully developed and are thus not environmentally sensitive. . G:\PLANNING�2010\PA10-0352 San Joaquin Valley College CUP\Planning\Hearing\STAFF REPORT.docx FINDINGS Conditional Use Permit (Code Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. The proposed conditional use is compatible with the surrounding land uses since educational institutions are permitted in Service Commercial zoning districts upon approval of a Conditional Use Permit. The project has been conditioned to ensure compliance with the City of Temecula Genera/ 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. By utilizing an existing structure and making no external structural or site modifications, the proposed project is designed fo integrate with the existing structure and surrounding developments. The adjacent uses, buildings and structures will not be adversely affected by the � project. 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. As conditioned, the project is consistent with the requirements stated in the City of Temecula Development Code (Chapter 17.04.010; Conditional Use Permits). As a result, the proposed conditional use meets all appropriate requirements. The nature of the proposed conditional use is not detrimental to the health, safety and general � welfare of the community. The proposed use will be locafed within an existing two-story office building. No external modifications this structure or site are proposed. In addition, the project has been reviewed for consistency with the Development Code, Building and Safefy Code, and Fire Code, which all contain provisions to protect the health, safety, and general welfare of the community. Any tenant improvement work will be reviewed by the appropriate departments to ensure they are not 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. ' The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Director of Planning. , G:\PLANNING\2010\PA10-0352 San Joaquin Valley College CUP\Planning\Hearing\STAFF REPORT.docx ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A- Draft Conditions of Approval Notice of Public Hearing � � G:\PLANNING\2010\PA10-0352 San Joaquin Valley College CUP\Planning\Hearing\STAFF REPORT.docx VICINITY MAP { z m N �7 O � G� (';P� � � �� . � 0 . `�L .� . �\�G°� PA10-0352 0`�� Q-� �� Q' �s �� T� � 0 9L �O �� o zso soo Feet PLAN REDUCTIONS . . - . . . . — , _— ( . _—'__ , � . I . � � . . . . `� Urw/ I _ _ , . . . . . . Z oxle g lerrcy4 U . . . . ' . . .. ' � . _ � fl5W enrii.cvs.wo i�tsi.eis.niw � I � �� i ' � ---__ __._.-�-- - --�-- - - - ------ ----- - - __ _ -- ---- - �--- --�--�- --- - I . . . . INTERSTATE i$ . . � . . . . . . 'rt I nr�OJEC? 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' ' ?IEVE�GIElL1ilIR10tU.5I:R.�TRW.T4YL0Etl�9tnAM0.V411pRiIRFEVOFISOFEq.C,1N:' v+[�i �,��ti„�r�P��u��t,,,,a��,U,��s,�;,5,�9��. FP-1 I . , . .. , . . . . ' � � _ � . . tm.u.�imia�cwmmnromw.��rsnivrmaumuw�waemun .. oF DH RESOLUTION DH RESOLUTION NO. 11- A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0352, A MINOR CONDITIONAL USE PERMIT APPLICATION TO ALLOW SAN JOAQUIN VALLEY COLLEGf TO OPERATE WITHIN AN EXISTING STRUCTURE IN AN AREA ZONED SERVICE. COMMERCIAL AT 27270 MADISON AVENUE (APN 910- , 272-005) Section 1. Procedural Findings. The Planning Director of the City of Temecula does fiereby find, determine and declare that: A. On December 23, 2010 Kimberly Boone, on behalf of San Joaquin Valley College, filed Planning Application No. PA10-0352, a Conditional Use Permit Application in a manner in accord with fihe City of Temecula General Plan and Development Code. B. The Application was processed including, but not lirnited 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 March 3, 2011, at a duly noticed public hearing as prescribed by law, af 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 considerafion of the testimony, the Planning Director approved Planning Application No: PA10-0352 subject to Conditions of Approval, after find'ing that the project proposed in Planning Application No. PA10-0352, conformed to the City of Temecula's General Plan Development Code. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA10-0352, hereby makes the following findings as required by Conditional Use Permit Development Code Section 17.04.01O.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 proposed conditional use is compatible with the surrounding land uses since educational institutions are permitted in Service Commercial zoning districts upon approval of a Conditional Use Permit. The project has been conditioned to ensure compliance with the City of Temecula General Plan and Deyelopment Code. B. The proposed Conditional Use Permit is compatible with the surrounding land uses since Educational Institution are permitted in Service Commercial zoning districts upon approval of a Conditional Use Permit. The project has been conditioned to ensure compliance with the City of Temecula General Plan and Development Code; By utilizing an existing structure and making no external structural or site modifications, the proposed project is designed to integrate with the existing structure and surrounding developments. The adjacent uses, buildings and structures will not be adversely affected by the project. 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; As conditioned, the project is consistent with the requirements stated in the City of Temecula Development Code (Chapter 17.04.010; Conditional Use Permit). As a result, the proposed conditional use meets all appropriate requirements. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed use will be located within an existing two-story office building. No external modifications this structure or site are proposed. !n addition, the project has been reviewed for consistency with the Development Code, Building and Safety Code, and Fire Code, which all contain provisions to protect the health, safety, and general welfare of the community. Any tenant improvement work will be reviewed by the appropriate departments to ensure they are also not detrimental to the health, safety, and general welfare of the community. E. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal; The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before_ the Director of Planning. 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, Class1 Existing Facilities). The project is located within an existing two-story office building. No external structural or site modifications are proposed for the project. The project is located within an urbanized area and will only impact the structure housing the - use. A vacant lot exists directly across Madison Avenue: However, this lot will not be affected by the project. The project property and surrounding areas, with the exception of the vacant lot, have already been fully developed and are thus not environmentally sensitive. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PA10-0352, a Minor Conditional Use Permit application to allow San Joaquin Valley College to operate within an existing structure within an area zoned Service Commercial at 27270 Madison Avenue, subject to the Conditions of Approval sef forth on Exhibit A, attached hereto, and incorporated herein by #his reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Director this 3rd day of March, 2011 ' Patrick Richardson, Planning Director I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 11- was duly and regularly adopted by fhe Planning Director of the City of Temecula at a regular meeting thereof held on the 3rd day of March, 2011. Cynthia Lariccia, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL ' EXHIBIT A CITY OF TEMECULA , DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA10-0352 Project Description: A Minor Conditional Use Permit application to allow San Joaquin � Valley College to operate within an existing structure in an area zoned Service Commercial at 27270 Madison Avenue Assessor's Parcel No.: 910-272-005 MSHCP Category: Exempt (No New Square Footage/Grading) DIF Category: Exempt (No New Square Footage) TUMF Category: Exempt (No New Square Footage) Approval Date: March 3, 2011 Expiration Date: March 3, 2013 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 pollars ($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 applicanU 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 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. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Departrnent. PL-7. 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-8. The applicant shall comply with their Statement of Operations submitted December 23, 2010, on file with the Planning Departmenf, unless superseded by these Conditions of Approval. PL-9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of_the City's Development Code. PL-10. 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-11. The each session shall operate with no more than the maximum number of students � and faculty (75) stipulated in the submitted Statement of Operations. PL-12. The use shall only operate during the times stipulated in the submitted Statement of • Operations. These hours are as follows: Monday through Friday, 7:30 a.m. — 12:00 p.m., 1:00 p.m. — 5:00 p.m., and 5:30 p.m. — 10:00 p.m. PL-13. 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 demolitiori and construction debris. PL-14. The applicant shall comply with the Public Art Ordinance. OUTSIDE AGENCIES PL-15. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health. • BUILDING AND SAFETY DEPARTMENT B-1. All design components shall comply with applicable provisions of the 2010 edition of the California Building, Plumbing and Mechanical Codes; 2010 California Electrical Code; Galifornia Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B-2. Provide details of alf 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. . Show path of accessibility from parking to furthest point of improvement. B-5. Submit at time of plan review, a complete exterior site dighting plan showing compliance with Ordinance Number 655 for the regulation of light pollution. Alt 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-6. Obtain all building plans and permit approvals prior to commencement of any construction work. ' B-7. 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. B-8. Provide an approved automatic fire sprinkler system. B-9. Commercial projects 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-10. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-11. Provide number and rype 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-12. Provide appropriate stamp of a registered professional with original signature on plans. 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 fhe time of building plan submittal. Prior to Issuance of Building Permit(s} F-2. Fire sprinkler tenant improvement 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-3. Fire alarm tenant improvement 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-4. 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 lette�s and/or numbers on both the front and rear doors (CFC Chapter 5 and Temecula City Ordinance 15.16.020). F-5. 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 will provide sufficient lighting during the hours of darkness to ensure patrons have a clear, lighted path from the structure area to their vehicles. PD-2. If private security is utilized, applicant will ensure secur,ity company is licensed, bonded and insured. Furthermore, security personnel will be unarmed. PD-3. Applicant will be responsible for any cost incurred by the Police Department if additional officers are required because of traffic problems/congestions, public disturbance or where the need for police presence is required. PD-4. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-6793. � , NOTICE OF PUBLIC HEARING � \\ \I/ /j .. . �� ° � ■ ■ ■ Notrce of Publ�c Hear�ng :�;-r;.19 A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING DIRECTOR to consider the matter described below: Case No: PA10-0352 Applicant: Kimberly Boone on behalf of San Joaquin Valley College Proposal: A Minor Conditional Use Permit application to allow San Joaquin Valley College to operate in an existing structure within an area zoned Service Commercial located at 27270 Madison Avenue � Environmental: In accordance with the California Environmentat Qualify 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) Case Planner: Eric Jones, (951) 506-5115 Place of Hearing: City of .Temecula, Great Oak Conference Room Date of Hearing: March 3, 2011 Time of.Hearing: 1:30 p.m. PA10-0352 ,` �� ^ � _ \ � �so oo� y FeeE 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 shall be filed within the time required by, and controlled by, 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 or in written_correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the City of Temecula Planning Department, 41000 Main Street; 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. ITEM 2 STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: March 3, 2011 . PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application No. PA10-0335, a Minor Conditional Use SUMMARY: Permit to allow a gym to be located within the existing Meadows Village commercial center at 31771 Rancho California Road RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilties PROJECT DATA SUMMARY Name of Applicant: John Clement, on Behalf of Gold's Gym � General Plan Neighborhood Commercial (NC) Designation: Zoning Designation: Specific P.lan No. 3(Margarita Village) Existing Conditions/ Land Use: Sife: Existing Commercial Center / Neighborhood Commercial (NC) North: Rancho California Road, Existing Residential / Low , Medium Residential (LM) South: Meadows Parkway, Existing Residential / Low Medium Residential ��M) East: Existing Residential / Low Medium Residential (LM) West: Meadows Parkway, Existing Residential / Low Medium Residential (LM) - Existinq/Proposed Min/Max Allowable or Required Lot Area: 7.98 Acres 0.69 Acres Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A G:\PLANNING\2010\PA10-0335 Gold's Gym CUP\Planning\Hearing\STAFF REPORT.docx BACKGROUND SUMMARY On November 22, 2010, John Clement, on behalf of Gold's Gym, submitted Planning Application No. PA10-0335. The application is for a Minor Conditional Use Permit to allow a Gold's Gym to be located within an existing commercial shopping center. 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 proposed Minor Conditional Use Permit will allow for a Gold's Gym to be located within the existing Meadows Village shopping center. The center is located within the Margarita Village Specific Plan and is zoned Neighborhood Commercial. The City of Temecula General Plan designation is also Neighborhood Commercial. The gym will operate 7 days a week from 5:00 a.m. — 10 p.m. Monday thru Friday and 7 a.m. —10 p.m. Saturday and Sunday. The City of Temecula Development Code (Table 17.08.030), indicates that health and exercise clubs totaling less than 5,000 square feet are permitted in Neighborhood Commercial zones upon the approval of a Conditional Use Permit. The proposed gym will total 9,808 square feet including 5,314 square feet of office and retail space. However, the health and exercise portion of the facility will total 4,494 square feet, thus allowing the gym to be consistent with the Neighborhood Commercial zone: LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on February 17, 2011 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 for a gym to be located within a fully developed commercial center. The projecf is located within an urbanized area and will only impact the existing structure housing the facility. The project property and surrounding areas have already been fully developed for uses such as the proposed gym and are thus not environmentally sensitive. FINDINGS Conditional Use Permit (Code Section 17. 04. 010. E) The proposed conditional use is consistent with the General Plan and the Development Code. The proposed conditional use is typical for neighborhood commercial centers and is thus compafible with the surrounding land uses. In addition, the proposed use is consistent with and meets all the requirements stated in the Meadows Village Specific Plan, the City of Temecula General Plan and fhe Development Code. G:\PLANNING\2010\PA10-0335 Gold's Gym CUP\Planning\Hearing\STAFF REPORT.docx 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 will not require any modifications to the site or structure with the exception of tenant improvements. Therefore, the project will integrate with the existing commercial center and surrounding developments. The adjacent uses, buildings and structures will not be adversely affected by the project. 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. Health and exercise clubs are permitted upon the approval of a Conditional Use Permit in Neighborhood Commercial zoning districts. As a result, the proposed conditional use meets the design requirements of the Development Code and will integrate well 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 conditional use is typical for neighborhood commercial centers. In addition, the project has been reviewed for consistency with the Development Code, Building and Safety Code, and Fire Code, which all contain provisions to protect the health, safety, and general welfare of the community. The Riverside County Department of Environmental Health has also reviewed and conditioned the project. 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 has been based on substantial evidence in view of the record as a whole before the Director of Planning. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A- Draft Conditions of Approval Notice of Public Hearing G:\PLANNING�2010\PA10-0335 Gold's Gym CUP\Planning\Hearing\STAFF REPORT.docx VICINITY MAP , RUE ;lADO� � O �\ ��, Q �-,s ��\� �� J W Z � Z �. . W �yJ ��c / '� .Z _ �2� �� jF� N G . z �'j; 2 o �\_ . � , . �� , G. (� �� v� �� J � � �\ N �� P � O P \� Ro�P�g\RK�ALE �R ��GP GP _ P �� <N �'�'� R � S _ � ". O y � o � G 2 GN �: <� � PA10-0335 � Z 2 S�� R�� . G� �i O.. . � �� N N� G. . - - - � . . � _ � � . � - . � . . . . � . . �i, .� : - �N cq �Q M��!� MAREP . �J � , o�� J . � ,�pct�P / : CORTE �-A P� � M � �NG\NPS . 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I — _ —' 8-4 RETAIL OCCUPANCY 3023 SQ FT '- .'�� QP�� ` �• �I I ,,, ,, o .. ,,: „ 1 j� \ ^/ '. ��` �� I _ _ ._'_ _ B-5 RETAIL OCCUPANCY 1371 SQ FT -=`-" • • 4� �� o I _ B-6 RE7AIL OCCUPANCY 1848 SQ Ff """ ��\ `� • �� % , • T.D. �.� °hTMUU.m. i l �� _� ,v I B-7 ASSEMBLV OCCUPANCV 9807 SQ FT • � �/�' ��\ � ..---- ' oer: — " �_________________ �`. C�_.._ .-� —__--_----___—____--_•`-------------- ___---__--_ aauw��u�v`��.moczs.mi— I . _ BUILDING ALLOWAB�E FLOOR AREA INCREASE - OCCUPANT LOAD CALCULATION AND TOTALS SITE PLAN � e ��....�.�.,..e,.�.e..�.....,.n �..�.�..�e� e..��..A�.. . �s.rE_€� , A0.03 l DH RESOLUTION DH RESOLUTION NO. 11- A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0335, A MINOR CONDITIONAL USE PERMIT TO ALLOW A GYM TO BE LOCATED WITHIN THE EXISTING MEADOWS VILLAGE COMMERCIAL CENTER AT 31771 RANCHO CALIFORNIA ROAD Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On November 22, 2010, John Clement, on behalf of Gold's Gym, filed Planning Application No. PA10-0335, 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 March 3, 2011, 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. PA10-0335 subject to Conditions of Approval after finding that the project proposed in Planning Application No. PA10-0335 conformed to the City of Temecula's General Plan Development Code. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA10-0335, hereby makes the following findings as required by 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 proposed conditional use is typical for neighborhood commercial centers and is thus compatible with the surrounding land uses. In addition, the proposed use is consistent with and meets all the requirements stated in the Meadows Village Specific Plan, the City of Temecula General Plan and the 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 proposed conditional use will not require any modifications to the site or structure with the exception of tenant improvements. Therefore, the project will integrate with the existing commercial center and surrounding developments. The adjacent uses, buildings and structures will not be adversely affected by the project. 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; Health and exercise clubs are permitted upon the approval of a Conditional Use Permit in Neighborhood Commercial zoning districts. As a result, the proposed conditional use meets the design requirements of the Development Code and will integrate well 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 conditional use is typical for neighborhood commercial centers. In addition, the project has been reviewed for consistency with the Development Code, Building and Safety Code, and Fire Code, which all contain provisions to protect the health, safety, and general welfare of the community. The Riverside County Department of Environmental Health has also reviewed and conditioned the project. 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 has been based on substantial evidence in view of the record as a whole before the Director of Planning. 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 use is for a gym to be located within a fully developed commercial center. The project is located within an urbanized area and will only impact the existing structure housing the facility. The project property and surrounding areas have already been fully developed for uses such as the proposed gym and are thus not environmentally sensitive. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PA10-0335, a Minor Conditional Use Permit to allow a gym to be located within an existing commercial center (SP-3 Meadows Village) at 31771 Rancho California 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 March, 2011. Patrick Richardson; Planning Director I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, .do hereby certify that the forgoing DH Resolution No. 11- 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 March, 2011. Cynthia Lariccia, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA10-0335 Project Description: A Minor Conditional Use Permit to allow a gym to be located within the existing Meadows Village commercial center at 31771 Rancho California Road Assessor's Parcel No.: 954-030-002 MSHCP Category: Exempt (No New Square Footage or Grading) DIF Category: Exempt (No New Square Footage) TUMF Category: Exempt (No New Square Footage) Approval Date: March 3, 2011 Expiration Date: March 3, 2013 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicanUdeveloper 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 pollars ($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 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.3 (Meadows Village). 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. 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-9. . The applicanf shall comply with their Statement of Operations dated November 17, 2010, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-11. 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. Ghanged 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-12. 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: PL-13. The applicant shall comply with the Public Art Ordinance. OUTSIDE AGENCIES PL-14. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated November 29, 2010, a copy of which is attached. 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 af the time of building plan submittal. Prior to Issuance of Building Permit(s) F-2. Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention Bureau for approvaL Three sets of sprinkler plans must be submitfed by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. F=3. Fire alarm tenant improvement 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-4. 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 6- inch high letters andlor numbers on both the front and rear doors (CFC Chapter 5, Section 505.1 and City Ordinance 15.16.020 Section E). POLICE DEPARTMENT General Requirements PD-1. Applicant shall ensure all landscaping surrounding all buildings are 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. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one-foot candle illumination at ground level, evenly dispersed. PD-4. All exterior doors, windows, locking mechanisrns, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD-5. 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 af (951) 696-HELP. PD-6. 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-7. Penal Code 490.5 affords merchants the opportunity to recover their losses through a civif demand program. PD-8. Employee training regarding retail/credit card theft, citizens' arrest procedures, personal safety, business security, shoplifting or any other related crime prevention training procedures is also available through the Crime Prevention Unit. PD-9. Applicant will comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited: PD-10. The Temecula Police Department affords all retailers the opportunity to participate in the "Inkless Ink Program." At a minimal cost for inkless inkpads, retailers can take a thumbprint of every customer using a personal check to pay for goods or services. A decal is also posted on the front entry of the business advising customers of the "Inkless Ink Program" in use. If the business becomes a victim of check fraud, the Police Department will be able to track the suspect with the thumbprint. PD-11. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. �(_ JNTY OF RIVERSIDE • HEA :� SERVICES AGENCY � DEPA�°I'1�E1�1T OF E1�VI ON1vIEIV'I'AI.. �-IEAL�'H ,��___ _ City of Temecula ��t � Planning Deparhnent � � � � �I n�,,''�--�� _ c/o Eric Jones V � � PO BOX 9033 � DE� Temecula, CA 92589-9033 �- 6 ?OJp • ; 29 November 2010 RE: PA10-0335 The Department of Environmental Health (DEH) has received and reviewed the PA10- 0335 (related case PA09-0236) for the Minor Conditional Pernut to allow a gym, without a swimming pool or spa to be located within an existing commercial center (Meadows Village) located at 31771 Rancho California Road, under the applicant: Venture Point. The existing building located on this Assessor's Parcel Number (APN 954-030-001) 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, . . r Gregor Dellenbach, REHS EHS101061 Local Enforcement Agency • P.O. Box 1280, Riverside, CA 92502-1280 •(909) 955-8982 • FAX (909) 781-9653 • 4080 Lemon Street, 9th Floor, Riverside, CA 92501 Land Use and Water Engineering • P.O. Box 1206, Riverside, CA 92502-1206 •(909) 955-8980 • FAX (909) 955-8903 • 4080 Lemon Street, 2nd Floor, Riverside, CA 92501 NOTICE OF PUBLIC HEARING �\\��/ xy O :.t - � � Notice of Public Hearing =�:�>1984��°� A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING DIRECTOR to consider the matter described below: Case No: PA10-0335 Applicant: John Clement, on behalf of Gold's Gym Proposal: A Minor Conditional Use Permit to allow a gym to be located within an existing commercial center (SP-3 Meadows Village) at 31771 Rancho California Road Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed projeet is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1 Existing Facilities) Case Planner: Eric Jones, (951) 506-5115 Place of Hearing: City of Temecula, Great Oak Conference Room Date of Hearing: March 3, 2011 Time of Hearing: 1:30 p.m. �--: ` - .:� ..-�--�--�-� S GP � � - ; � PA10-0335 ,� _ � 0 _. . ��` � �� ,vr:r � a Zso soo �� Fe et 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 shall be filed within the time required by, and controlled by, 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 or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the City of Temecula Planning Department, 41000 Main Street, 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. G:\PLANNING\2010\PA10-0335 Gold's Gym CUP\Planning\Hearing\PC-DH NOPH PA10-0335.docx