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HomeMy WebLinkAbout11-062 PC Resolution PC RESOLUTION NO. 11-62 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0317, A MINOR CONDITIONAL USE PERMIT FOR MOUNTAIN VIEW COMMUNITY CHURCH TO OPERATE IN A SERVICE COMMERCIAL (SC) ZONE AND OCCUPY APPROXIMATELY 101,600 SQUARE FEET OF AN EXISTING BUILDING LOCATED AT 29201 YNEZ ROAD (APN 910-281-001) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 28, 2010, Mr. Christopher Francis filed Planning Application No. PA10-0317, 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 Commission, at a regular meeting, considered the Application and environmental review on December 7, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA10-0317 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: - Conditional Use Permit, Development Code Section 17.04.10.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; As conditioned, the proposed use is consistent with all requirements in the City of Temecu/a Development Code. In addition, the project is in conformance with the all the requirements of the General Plan and with all applicable requirements of state /aw and other ordinances of the City. 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 uses, buildings or structures; The proposed Church is to be locafed in an existing building surrounded by office, public/institutional or educational buildings. The Church has operafed under a Temporary Use Permit since December 14, 2010 without incident or complaints. The project is designed to have negligible impact on surrounding uses. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The proposed conditional use is to be located in an existing building on a fully developed site that already accommodates required yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other features described in the Development Code. " D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed Church has been reviewed and conditioned by Building and Safety, Fire Prevention, and the Police Department to ensure the conditional use is not detrimental to the health, safety and general welfare of the community, and the proposed project is consistent with the requirements outlined in the , , Development Code, and Building and Fire Codes, which contain provisions to protect the hea/th, 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 use is based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application, PA10-0317, a Minor Conditional Use Permit for Mountain View Community Church to operate in a Service Commercial (SC) zone and occupy approximately 101,600 square feet of an existing building located at 29201 Ynez Road. A. Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Conditional Use Permit Application, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on November 14, 2011, and expired on December 5, 2011. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall, 41000 Main Street, Temecula, California 92590. C. One written comment was received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the December 7, 2011 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; _(2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby adopts the Mitigated Negative Declaration prepared for this project. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA10-0317, a Minor Conditional Use Permit 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 Commission this 7 day of December 2011: �� �� Pat Kight; Chairman ATTEST: Patrick Ricr+ardson, Secretary � [SEAL1� � � STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 11-62 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7 day of December 2011, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS None ABSENT: 0 PLANNING COMMISSIONERS None ABSTAIN: 0 PLANNING COMMISSIONERS None . Patrick Richardson, Secretary EXHIBIT A ' DRAFT CONDITIONS OF APPROVAL EXHIBIT A - CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA10-0317 Project Description: ' A Minor Conditional Use Permit for Mountain View Community Church to operate in a Service Commercial (SC) zone and occupy approximately 101,619 square feet of an existing building located at 29201 Ynez Road Assessor's Parcel No.: 910-281-001 MSHCP Category: NA — Existing Building on Fully Developed Parcel (No Grading) DIF Category: NA — Existing Building TUMF Category: NA — Existing Building Quimby Category: NA — Existing Commercial Building on Fully Developed Parcel Approval Date: December 7, 2011 Expiration Date: December 7, 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 Two Thousand One Hundred and Eight Dollars ($2,108.00) which includes the Two Thousand Forty-Four Dollar ($2,044.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-Four pollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. .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 due to 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 this Conditional Use Permit. PL-4. The approval of this Conditional Use Permit shall be used within two years of the approval date; or the approval shall become null and void. If commencement of the Conditional Use Permit has not occurred within two years of the approval date an extension of time application may be filed consistent with all Development Code requirements. PL-5. The Director of Planning may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-6. The applicant shall comply with their Statement of Operations dated May 27, 2011, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-7. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-8. 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-9. The Church operations shall be consistent with the project description and impacts described in the Mitigated Negative Declaration (MND) prepared for the "projecY' per CEQA. As identified in the Traffic Impact Analysis Report for Mountain View Community Church dated September 21, 2011 and included as mitigation, the Developer shall provide a total fair share contribution in the amount of $2.615.40 PL-10. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. FIRE PREVENTION General Requirements � F-1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. F-2. During remodeling and/or addition construction, all fire and life safety systems will be maintained in working order and up to their original design and performance specifications. Prior to Issuance of Building Permit(s) F-3. Fire sprinkler 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-4. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing coritractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy F-5. Hydrant locations shall be identified by the installation of reflective markers (blue dots per Temecula City Ordinance 15.16.020). F-6. 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-7. 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). F-8. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). POLICE DEPARTMENT General Requirements PD-1. Applicant shall ensure all landscaping surrounding the proposed equipment structure and slim line poles is kept at a height of no more than three feet from ground level. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the structure utilizing lower level entry ways. � PD-2. Applicant shall ensure any trees surrounding the structure rooftop 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 structure. PD-3. Berms shall not exceed three feet in height. PD-4. The placement of all landscaping should be in compliance with guidelines from Crime Prevention Through Environmental Design (CPTED). PD-5. All exterior lighting to the structure must be in compliance with Riverside County Mount Palomar Lighting Ordinance 655, low pressure sodium lighting preferred. PD-6. All exterior doors shall have vandal resistant light fixtures installed above the door. The doors shall be illuminated with a minimum one-foot candle illumination at ground level, evenly dispersed. PD-7. All lighting affixed to the buildings shall be wall mount light fixtures to provide sufficient lighting during hours of darkness. PD-8. Applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non-business hours. The order, in part, states, "All California retail establishments, including but not limited to, shopping centers, auto malls and � dealerships, shall substantially reduce maximum outdoor lighting capability during non- business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1000 in accordance with Title 24, Part 6, of the California Code of Regulations. PD-9. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD-10. Any graffiti painted or marked upon the structure should be removed or painted over within twenty-four (24) hours of being discovered. Report all crimes to the Temecula Police 24-hour dispatch center at 951-696-HELP. PD-11. Any roof hatches shall be painted "Intemational Orange." PD-12. Crime Prevention Through Environmental Design (CPTED) as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the properdesign and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be aware of the risk of detection and possible intervention. Windows and clean lines-of sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. PD-13. Business desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department. PD-14. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. PUBLIC WORKS DEPARTMENT General Requirements PW-1. Unless otherwise noted, all conditions shall be completed by the developer at no cost to any Government Agency. It is und�erstood that the developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PW-2. The project is located along the City of Temecula Capital Improvement Project No. PW02-11 (French Valley Interchange project). a. The project includes demolishing the�existing wall and a new retaining wall will be constructed to accommodate the project. During the construction of the new retaining wall, the City will require a temporary construction easement from the property Owner. b. If the project requires any right-of-way documents, the documents will be prepared by the City for the property Owner. These documents may include a permanent easement for the retaining wall footing and maintenance. Prior to Issuance of Building Permit PW-3. As recommended in the Traffic Impact Analysis Report for Mountain View Community Church dated September 21, 2011, the Developer shall provide a total fair share contribution in the amount of $2.615.40 for the project's fair share for costs associated with restriping Winchester Road atthe intersection of Winchesterand the northbound 1- 15 on ramp amounts to $81.24. In addition, the project's fair share for costs associated with Existing Plus Project plus Approved Projects (Cumulative) at the intersection of Ynez Road and Date Str�et amounts to $2,534.16. BUILDING AND SAFETY DEPARTMENT General Conditions/Information � 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. 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. 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-7. Obtain all building plans and permit approvals prior to commencement of any construction work. B-8. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approyals and permits. B-9. 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-10. Provide an approved automatic fire sprinkler system. B-11. 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-12. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope ofwork for plan review. B-13. 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-14. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-15. A pre-construction meeting is required with the building inspector priorto the start of the building construction.