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HomeMy WebLinkAbout12-003 DH Resoluton DH RESOLUTION NO. 12-03 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAl2-0104, MINOR CONDITIONAL USE PERMIT TO ALLOW FOR AN AEROBICS STUDIO WITHIN AN EXISTING BUILDING IN THE MEADOWS VILLAGE COMMERCIAL CENTER AT 31795 RANCHO CALIFORNIA ROAD, SUITE 600 Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On June 1, 2012, John Clement, representing Group X Aerobics, filed Planning Application No. PAl2-0104, a Minor 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 July 26, 2012, 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. PAl2-0104 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PAl2-0104 conformed to the City of Temecula's General Plan Development Code. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PAl2-0104, hereby makes the following findings as required by Development Code Section 17.04.010.E, Conditional Use Permits: 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 strucfure wifh the exception of tenant improvements. Therefore, the projecf 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; Aerobics studios 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. 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 an aerobics studio to be locafed 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 aerobics studio and are thus not environmentally sensitive. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PAl2-0104, a Minor Conditional Use Permit to allow an aerobics studio to be located within an existing commercial center (SP-3 Meadows Village) at 31795 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 26th day of July, 2012. � �' , ����� Patrick Richardson, Director of Development Services I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 12-03 was duly and regularly adopted by the Planning D'irector of the City of Temecula at a regular meeting thereof held on the 26th day of July, 2012. . Cynthia riccia, Secretary EXHIBIT A FINAL CONDITIONS OF APPROVA� EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PAl2-0104 ` Project Description: A Minor Conditional Use Permit to allow for an aerobics studio within an existing builiding in the Meadows Village commercial center at 31795 Rancho California Road, Suite 600 Assessor's Parcel No.: 954-030-001 MSHCP Category: NA (No New Square Footage or Grading) DIF Category: NA (No New Square Footage) TUMF Category: NA (No New Square Footage) Quimby Category: Exempt (Non-Residential) Approval Date: July 26, 2012 Expiration Date: July 26, 2014 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 Cferk in the amount of Sixty-Four Dollars ($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 sha�l 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 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 A separate building permit shall be required for all signage. PL-7 The development of the premises shall substantially conform to the approved site pian and elevations contained on file with the Planning Department. PL-8 Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL-9 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-10 The applicant shall comply with their Statement of Operations dated May 16, 2012, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-11 This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-12 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, Pianning 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-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. 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,2010 California Energy Codes, 2010 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. B-2. Disabled access from the public way to the main entrance of the building required. B-3. Show path of accessibility from parking to furthest point of improvement. 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 additional walls, T-bar ceilings or restrooms that are added a sprinkler tenant improvement plan will be required. 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. The smoke duct detectors are required to be tied into the fire alarm system. 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 buiidings 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). POLICE DEPARTMENT General Requirements PD-1. All exterior doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD-2. 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-3. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD-4. The Crime Prevention and Plans Unit of the Temecula Police Department offers free business security surveys, to schedule an appointment contact the unit at (951) 506- 5132. PD-5. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132.