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Home My WebLink About090612 DH Agenda AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING September 6, 2012 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street . Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, Director of Development Services PUBLIC COMMENTS � A total of 15 minutes is provided so members of the public can address the Director of Development Services on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number. PAl2-0130 Project Type: Minor Conditional Use Permit Project Title: California Baptist University Applicant: Mel Mercado, Project Manager at California Baptist University Project Description: A Minor Conditional Use Permit for California Baptist University to open classrooms and administrative offices for an online professional academic program Location: 40820 Winchester Road #590 &#595 at the Promenade Mall Environmental Action: Section 15301, Class 1 E�asting Facilities Project Planner. Matt Peters NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the Director's Hearing. At that time, the agenda packet may also be accessed on the City's website — www.citvoftemecula.orq — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the Cit�s website — www.citvoftemecula.orq — and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula Civic Center, (951) 694-6400. STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: September 6, 2012 PREPARED BY: Matt Peters, Case Planner APPLICANT NAME: Mel Mercado, Project Manager at California Baptist University PROJECT Planning Application No. PAl2-0130, a Minor Conditional Use SUMMARY: Permit for California Baptist University (CBU) to open ciassrooms and administrative offices for an online professional academic program located at 40820 Winchester Road, Suites 590 and 595, at the Promenade Mall CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities RECOMMENDATION: Approve with Conditions BACKGROUND SUMMARY On July 10, 2012, Mel Mercado submitted Planning Application No. PAl2-0130. The application will allow California Baptist University to open classrooms and administrative offices for an online professional academic program at the Promenade Mall. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The applicant intends to obtain a Minor Conditional Use Permit to open a CBU storefront at the Promenade Mall. The classrooms and administrative offices would be located across from the Yardhouse Restaurant at the end of the west spur of the Mall Main Street project, which was approved in 2007. This area and the store spaces have not been occupied since the Mall Main Street was opened. IYs anticipated that CBU will "activate" this portion of the Main Street and provide further University presence in the City of Temecula. California Baptist University is � intending to offer a wide variety of lifelong learning classes, seminars, graduate level workshops and certificate programs to be conducted online with supplemental face to face classes conducted in two small classroom settings. The California Baptist University Online and Professional Studies Temecula (CBU OPS Temecula) hours of operation are proposed for Monday through Friday from 1:00 p.m. to 10:00 p.m. and Saturdays from 10:00 a.m. to 3:00 p.m. The facility will be closed on Sundays. Four classes are scheduled Monday through Thursday from 6:00 p.m. fo 7:50 p.m. and 8:00 p.m. to 9:50 p.m. in the two proposed classrooms. Classes will be conducted on site during these hours at the Instructor's discretion. One to two staff personnel will manage the facility during business/classroom hours. It is anticipated that each class may have 20 students. During non- classroom schedule, CBU students may use the facility for small group studies. G:\PLANNING\2012\PAl2-0130 Cal Baptist CUP\Planning\DH STAF REPT.doc 1 LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on August 23, 2012 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be catego'rically exempt from further environmental review (Section 15301, Class 1 Existing Facilities). The application will allow California Baptist University to obtain a Minor Conditional Use Permit for classrooms and administrative offices. The building is an existing structure. FINDINGS Conditional Use Permit (Section 17.04.010) The proposed conditional use is consistent with the General Plan and the Development Code.. The use will allow California Baptist University to open classrooms and administrative offices at the Promenade Mall. The Temecula Regional Center Specific Plan allows Educational Institutions as a conditional use permit. 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 use will allow California Baptist University to open classrooms and administrative offices at the Promenade Mall, which will activate a vacant portion of the Promenade Main Street expansion. The professional classrooms are compatible with the surrounding development and will bring more pedestrian traffic to the area. As conditioned, the use will be compatible with and not adversely affect the nature, condition and development of the adjacent uses, buildings and strucfures. 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 application will allow for California Baptist University to open c/assrooms and administrative offices in an existing building at the Promenade Mall. The site will remain 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, Temecula Regional Center Specific Plan, and as required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. G:\PLANNING\2012\PAl2-0130 Cal Baptist CUP\Planning\DH STAF REPT.doc 2 The project has been reviewed by all City Departments and meets all requirements of Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. That the decision to 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 the conditional use is based on substantial evidence in view of the record as a whole before the Director of Planning. ATTACHMENTS Vicinity Map Plan Reductions DH Resolution Exhibit A- Draft Conditions of Approval Statement of Operations Notice of Public Hearing G:\PLANNING�2012\PAl2-0130 Cal Baptist CUP\Planning\DH STAF REPT.doc 3 VICINITY MAP / � I � / / -< � / I / � � // I ''1 / _ , i � ''�� / �' . � � � / ' / % , I ,p � 'p , � �``'� ` \ � ' �� ,\ �. ,, ,. �� ' /� � i — j' 1 '� �` / '" � I / J � � � I �, � � � - �—r � 1 \ �� •. / i� , ` ` / . / ' ' / � � PAl2-0130 � ; ' / :� � ,�; � , :. ,'�-- �° �, / � �� i ��,� ,. ; �q- `' .-�� _ � ��, ,, • ,� W / _ _ _ _ . a, " .., �� . ,,* , � � � t� OROfcj� ` Q _ -,. � � , Q�' � f � �� , � -_ , �� , � .� �, � � � �,,�.��.'�� , `� �,j � — I � J ��' ! � .� � � _ �--� 1 , � ` , �, __, _ , � -- , _- _ , - _-- _- _° R � --� _a z � //� 0 250 500:.. 1 1/ --.°. � i W s -_. —_ _ I �, Feet � ` � � / PLAN REDUCTIONS I ' 1 � il � � ��,� _ ��'�.� ` � WOINENSRE97AOOM ', / ,,\ � I PRWECTOATA , '� \ � .�... . '�^�� ' wv I � . ' �� '�._ .m� ,c�� a�aomc �.� ` / \ 1� � I I ' . . 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J i aiioi�i �as � � , � ��Hwna�� m�'�emm � . . . :-t[ta d 2�ai9.�+e �!a :.°m .�.ilcs�+a � . .4�.JF �:ioeo.oe�ipe m'°�`in"�°�`ti� � ..��_ no�..o� �a o •_. ... �`em*' o - ' s' rm "mwn� �°°°° O . . . � o . . DH RESOLUTION DH RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAl2-0130, A MINOR CONDITIONAL USE PERMIT FOR CALIFORNIA BAPTIST UNIVERSITY (CBU) TO OPEN CLASSROOMS AND ADMINISTRATIVE OFFICES FOR AN ONLINE PROFESSIONAL ACADEMIC PROGRAM LOCATED AT 40820 WINCHESTER ROAD, SUITES 590 AND 595, AT THE PROMENADE MALL Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On July 10, 2012, Mr. Mel Mercado, filed Planning Application No. PAl2- 0130, 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 September 6, 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. PAl2-0130 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PAl2-0130, conformed to the City of Temecula's General Plan, Development Code, and the Temecula Regional Center Specific Plan. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PAl2-0130, hereby makes the following findings as required by Section �17.04.010 of the Development Code. A. The proposed conditional use is consistent with the General Plan and the Development Code; The use will allow California Baptist University to open classrooms and administrative offices at the Promenade Mall. The Temecula Regional Center Specific Plan allows Educational lnstitutions as a conditional use permit. 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 use will allow California Baptist University to open classrooms and administrative offices at the Promenade Mall, which will activate a vacant portion of the Promenade Main Street expansion. The professional classrooms are compatible with � the surrounding development and will bring more pedestrian traffic to the area. As conditioned, the use will be compatible with and not adversely affect the nature, condition and development of the adjacent uses, buildings and 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 Gode and • required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The applicafion will allow for California Baptist University to open classrooms and administrative offices in an existing building at the Promenade Mall. The site will remain 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, Temecula Regional Center Specific Plan, and as required by the Planning Commission or City Council 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 has been reviewed by all City Departments and meets all requirements of Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. E. That the decision to 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 the conditional use is 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 application will allow California Baptist University to obtain a Minor Conditional Use Permit for classrooms and administrative offices. The building is an existing structure. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PAl2-0130, a Minor Conditional Use Permti for California Baptist University, 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 6th day of September, 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- was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 6th day of September, 2012. Cynthia Lariccia, Secretary , EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PAl2-0130 Project Description: A Minor Conditional Use Permit for California Baptist University (CBU) to open classrooms and administrative offices for an online professional academic program located at 40820 Winchester Road, Suites 590 and 595, at the Promenade Mall Assessor's Parcel No.: 910-420-030-7 MSHCP Category: NA — Existing Building at Promenade Mall. Fees previously paid. DIF Category: NA — Existing Building at Promenade Mall. Fees previously paid. TUMF Category: NA — Existing Building at Promenade Mall. Fees previously paid. Quimby Category: Exempt — Existing Non-Residential Building at Promenade Mall. Approval Date: September 6, 2012 ` Expiration Date: September 6, 2014 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicanUdeveloper 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 applicanU 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 time, one year at a time. PL-6. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 263. PL-7. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the EIR for Specific Plan No. 263. PL-8. A separate building permit shall be required for all signage. PL-9. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-10. 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-11. The applicant shall comply with their Statement of Operations received July 10, 2012, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-12. This Conditional Use Permit may kze revoked pursuant to Section 17.03.080 of the City's Development Code. PL-13. 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-14. The Applicant shall comply with all underlying Conditions of Approval for PA06-0293, the Development Plan for the Promenade Mall Main Street Expansion and any associated modification applications. FIRE DEPARTMENT � 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 bythe 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. . STATEMENT OF OPERATIONS . . _ � ; , , ; ��; �� -> :�, �t ;; , ;- . '��;;a ::`;,rO , � _ �� _ �' �, �� ` .s, • - ,.� u �N ' �+m° " � a r�c h. i t'e c �� Armantrout Architecfi Statement of Operations Adrian•Gaus Architects California Baptist University Online and Professional Studies Temecula (CBU Bonney Architects OPS Temecula) offers a wide variety of lifelong learning classes, seminars, McNaughton Architects graduate level workshops and certificate programs to be conducted in two small classroom setting. Professional Development courses are offered in many areas of management, leadership, and quality improvement while self- enrichment courses range from contemporary health issues to web design. Additionally, the University offers online and blended non degree credit courses, English language programs, that can be taken for degree credit, and many other learning opportunities locally, regionally, and around the world. CBU OPS Teme� la hours of operations are expected to be Monday thru Friday from 1:00 pm td�00 pm and Saturdays from 10:00 am to 3:00 pm. The facility - will be closed on Sundays. Four classes are scheduled Monday thru Thursday 6:00 pm to 7:50 pm and 8:00 pm to 9:50 pm in the two prop.osed classrooms. One to, two staff personnel will manage the facility during business/classroom hours. It is anticipated that each class may have 20 students. During non classroom schedule, CBU students may use the facility for small group studies. The faciliry will include a reception desk, lounge area, two classrooms, two offices, a small conference room, mens' and womens' restrooms, an office workroom area and a breakroom. 300 East State Street, Suite 620, Redlands, California, 92373, Phone 909.748.0444 NOTICE OF PUBLIC HEARING `•..� �i �� +�� Notice of Public Hearin g `-1'989 ��' A PUBLIC HEARING has been scheduled before the City of Temecula Planning Director to consider the matter described below: Case No: PAl2-0130 Applicant: Mel Mercado, Project Manager at California Baptist University Proposal: A Minor Conditional Use Permit for California Baptist University (CBU) to open classrooms and administrative offices for an online professional academic program located at 40820 Winchester Road #590 &# 595 at the Promenade Mall Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1- Existing Facilities) Case Planner: Matt Peters, (951) 694-6408 Place of Hearing: City of Temecula, Great Oak Gonference Room Date of Hearing: September 6, 2012 Time of Hearing: 1:30 p.m. � � � �° � � Q �EN� Q`� ��;$ � PA 12-U 130 � * �� v�? �`� $� � � � � 4 � e�� ,� � ,� �;� " � a . �( �`�� , KEP �� ; �� •�� ": �, a,�. , �� x; 0 f ` 0 250 500 � � Feet��.,��,�. The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Director's Hearing. At that time, the packet may also be accessed on the City's website — www.citvoftemecula.ora. Any Supplemental Material regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m.). In addition, such material will be made available on the City's website — www.citvoftemecula.ora — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400.