Loading...
HomeMy WebLinkAbout11_008 DH Resolution DH RESOLUTION NO. 11-08 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11-0141, A MINOR CONDITIONAL USE PERMIT TO ALLOW THE LOVE OF CHRIST FELLOWSHIP TO OPERATE A CHURCH LOCATED AT 41630 WINCHESTER ROAD WITHIN SUITES B AND C (APN 909-270-057) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On May 2, 2011, Ray Santos, filed Planning Application No. PA11-0141, 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 November 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. PA11-0141 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA11-0141 conformed to the City of Temecula's General Plan and Development Code (Section 17.04.010). Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA11-0141, hereby makes the following findings as required by Development Code (Section 17.04.010). 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 conditional use will a/low for a religious institution fo conduct worship services within an existing structure zoned Service Commercial (SC). Religious institutions are permitted in SC zones upon the approval of a Conditional Use Permit. Therefore, the use will be consistent with fhe General Plan and fhe 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. G:\PLANNING�2011\PA11-0141 Christ Fellowship CUP\Planning\Hearing\DH Resolution Exempt from CEQA.doc Religious institutions are an allowable use in Service Commercial zones upon the approval of a Conditional Use Permit. Furthermore, the use will not require any modifications to the site or structure and will operate after neighboring businesses have closed. This will a/low the use to be compatible with the nature, � condition and development of adjacent uses, buildings and structures and the use will not adversely affect the adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The use will not require modifications to the existing site or strucfure and has been deemed to be 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 in order to � integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project meets all requirements of the City of Temecula Development Code. The Development Code contains provisions to ensure that uses 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 conditionally approve the application for a Conditional Use Permit is based on subsfantial evidence in view of the record as a who/e before the Planning Commission. 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 project will allow for religious services to be conducted within an exisfing commercial building structure zoned Service Commercial (SC). Religious instifutions are permitted within Service Commercial zones upon the approval of a Conditional Use Permit. The applicant has proposed no changes to the existing sfrucfure or site as part of the application. G:\PLANNING�2011\PA11-0141 Christ Fellowship CUP\Planning\Hearing\DH Resolution Exempt from CEQA.doc Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PA11-0141, a Minor Conditional Use Permit to alfow the Love of Christ Fellowship to operate a church located at 41630 Winchester Road within suites B and C, 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 November, 2011 Patrick Richardson, Planning Director I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 11-08 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 November, 2011. , � Cynthia riccia, Secretary G:\PLANNING�2011\PA11-0141 Christ Fellowship CUP\Planning\Hearing\DH Resolution Exempt from CEQA.doc EXHIBIT A FINAL CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA11-0141 Project Description: A Minor Conditional Use Permit to allow the Love of Christ Fellowship to operate a church located at 41630 Winchester Road within suites B and C Assessor's Parcel No.: 909-270-057 MSHCP Category: Exempt (No New Square Footage/Grading) DIF Category: Exempt (No New Square Footage) - TUMF Category: Exempt (No New Square Footage) Approval Date: November 3, 2011 Expiration Date: November 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 instrumentalitythereof, 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 G:\PLANNING�2011\PA11-0141 Christ Fellowship CUP\Planning\Hearing\Final Conditions of Approval.doc , 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 Department. 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 May 2, 2011, 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 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. G:\PLANNING�2011\PA11-0141 Christ Fellowship CUP\Planning\Hearing\Final Conditions of Approval.doc OUTSIDE AGENCIES PL-11. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated May 10, 2011, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. All design components shall complywith 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 l'itle 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. B-9. Provide an approved automatic fire sprinkler system. At Plan Review Submittal B-10. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope ofwork for plan review. B-11. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2010 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. G:\PLANNING�2011\PA11-0141 Christ Fellowship CUP\Planning\Hearing\Final Conditions of Approval.doc 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. For any construction that may occur in the building (new walls, deletion of walls, etc) 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. A fire alarm notification device (horn, horn/strobe) is required in the facility. If one is not located within the facility it will be required. 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 letters and/or numbers on both the front and rear doors (CFC Chapter 5 and Temecula City Ordinance 15.16.020). , G:\PLANNING�2011\PA11-0141 Christ Fellowship CUP\Planning\Hearing\Final Conditions of Approval.doc