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Home My WebLink About11_005 DH Resolution DH RESOLUTION NO. 11-05 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 Flanning 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 welfa're of the community. The Riverside County Department of Environmental Health has a/so 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 Pe.rmit 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. 11-05 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 riccia, Secretary • EXHIBIT A � FINAL CONDITIONS OF APPROVAL , EXHIBIT A CITY OF TEMECULA FINAL 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 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 fo 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 applicant shall comply with_ their Statement of Operations dated November 17, 2010, on file with the Rlanning 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. 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-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 at 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 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 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 6- � inch high letters and/or 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 mechanisms, 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 at (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 o HEA :� SERVICES AGENCY � �� ' `�� City of Temecula " `f . /'" a � Planning Department � ��_-_ _ . c!o Enc Jones � T � PO BOX 9033 / DE� �i ' Temecula, CA 92589-9033 ` 6 ?.;,�p ; 29 November 2010 RE: PA10-0335 The Department of Environmental Health (DEH) has received and reviewed the PA 10- 0335 (related case PA09-0236) for the Minor Conditional Permit 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 951955.8980 Sincerely, � , . Gregor Dellenbach, REHS ' EHS101061 Local Enforcement Agency • P0. Box 1280 Ri�.;erside, CA 42�02-1?80 • f9091 9��-r3982 • EAX (909) 781-96�3 • 4080 Lemon Street. 9th Floor Riverside, CA 92�01 Land Use and Water Engineering • P0. Box 1205, P.iverside. CA 92�02-1206 •(909) 955-8980 • FAX (909) 9�5-8903 • 4080 Lemon �treet 2nd Floor, ,°,iverside, CA 92�01