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HomeMy WebLinkAbout11_004 DH Resolution DH RESOLUTION NO. 11-04 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING � APPLICATION NO. PA10-0352, A M1NOR 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 (APN 910- 272-005) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On December 23, 2010 Kim6erly 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 the 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 afi 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. FA10-0352 subject to Conditions of Approval, after finding 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 17.04.010.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 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 Development 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 withiri 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 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 a/so 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 ofi 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 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 ttiis 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. 11-04 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 March, 2011. , , . � Cynthia L cia, Secretary EXHIBIT A � FINAL CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL 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 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 finro 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 tirne, 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 Department. PL-Z. 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 Department, unless superseded by these Conditions of Approval. PL-9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 bf the Ciry'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 addifion 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 demolition and construction debris. PL=14. The applicant shall comply with the Public Art Ordinance. . OUTSIDE AGENCEES 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; ' 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. Show path of accessibility from parking to furthest point of improvement. B-5. 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-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 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-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 Buceau. 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 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 contractorto 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 letters 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 security 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.