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HomeMy WebLinkAbout12-010 DH Resolution DH RESOLUTION NO. 12-10 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAl2-0109, A MINOR CONDITIONAL USE PERMIT TO ALLOW THE JESUS LOVE KOREAN CHURCH TO OPERATE WITHIN AN EXISTING INDUSTRIAL STRUCTURE LOCATED AT 27286 VIA INDUSTRIA (APN 909-324-013) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On June 7, 2012, Young Jo on behalf of Jesus Love Korean Church, filed Planning Application No. PAl2-0109 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 1, 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. PAl2-0109 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PAl2-0109, conformed to the City of Temecula's General Plan and Development Code (Conditional Use Permits). Section 2. Further Findings. The Planning Director, in approving Planning Application No. PAl2-0109, hereby makes the following findings as required by Conditional Use Permits 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 proposed conditional use will a/low a religious facility to conduct services within an existing structure located in a Light Industrial zoning district. No modifications to the structure or site are proposed. Per the City of Temecula Development Code (Section 17.08.030), religious institutions are permitted in Light Industrial zones upon the approval of a Conditional Use Permit. The use has been reviewed and has been found to be consistent with the 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 conditional use will consisf of a religious facility within an existing light industrial park. Other uses located in the industrial park are primarily office uses. The religious facility is not proposing to modify the site or structure in any way. Therefore, the . conditional use is compatible with the nature, condition and development of adjacent uses, buildings, and structures and it is not expected to 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 this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The conditional use will consist of a religious facility within an existing light industrial park. The religious facility is not proposing to modify the site or structure in any way. Therefore, the site is adequate in size and shape to accommodate fhe yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code. The conditional use is anticipated to fully integrate with the other uses in the immediate area. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The conditiona/ use has been reviewed to ensure compliance with the Deve/opment, Building, and Fire codes. These codes contain provisions that will ensure the use is not detrimenta/ 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 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 proposed conditional use will be located within an existing industrial suite and the project scope does not involve any physical expansion of the existing building. The land use (proposed church) has been analyzed and it has been determined that, since the use will be located within an existing building and no physical expansion is involved in the scope of the project, further environmental review is not necessary. The project is consistent with a Class 1(Existing Facilifies) exemption and meets a/l applicab/e Development Code requirements and is therefore anticipated to have a less than significant impact on the environment. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PAl2-0109, a Minor Conditional Use Permit to allow the Jesus Love Korean Church to operate within an existing industrial structure located at 27286 Via lndustria 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 1 st day of November, 2012 . �,i ' uart Fisk, Seni Planner I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 12-10 was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 1 st day of November, 2012. , � Cynthia iccia, Secretary EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PAl2-0109 Project Description: A Minor Conditional Use Permit to allow the Jesus Love Korean Church to operate within an existing industrial structure located at 27286 Via lndustria Assessor's Parcel No.: 909-324-013 MSHCP Category: Exempt (No New Square Footage/Grading) DIF Category: Exempt (No New Square Footage) TUMF Category: Exempt (No New Square Footage) Quimby Category: Exempt (Non-Residential Project) Approval Date: November 1, 2012 Expiration Date: November 1; 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 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 instrumentalitythereof, or any of its elected or appointed officials, G:\PLANNING�2012\PAl2-0109 Jesus Love Korean Church CUP\Planning\Hearing\Final COAs.doc 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 inferest 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. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-9. 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-10. Hours of Operation shall be as follows: Saturday, 6:00 a.m. — 7:00 a.m. (Service), Sunday 11:00 a.m. — 3:00 p.m. (Service), Monday — Friday 9:00 a.m. — 5:00 p.m. (Administration). G:\PLANNING12012\PAl2-0109 Jesus Love Korean Church CUP\Planning\Hearing\Final COAs.doc 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. Are proposed submitted drawings from previous tenant improvements or improvement's to be done to space. B-3. Provide occupancy loads for an A-3 use and restroom requirements based off of those . findings. B-4. All ground floor units to be adaptable. B-5. Provide disabled access from the public way to the main entrance of the building. B-6. Provide van accessible parking located as close as possible to the main entry. B-7. Show path of accessibility from parking to furthest point of improvement. B-8. Show path of travel from public right way to all public areas on site ( club house, trash enclose tot lots and picnic areas � B-9. Obtain all building plans and permit approvals prior to commencement of any construction work. At Plan Review Submittal B-10. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-11. Provide a Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2010 edition of the California Building Code. B-12. Provide precise grading plan to verify accessibility for persons with disabilities. B-13. Provide truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Building Permit(s) B-14. Provide appropriate stamp of a registered professional with original signature on plans. FIRE PREVENTION General Requiremenfs F-1. Final fire and life safety conditions will be addressed when building plans are reviewed G:\PLANNING�2012\PAl2-0109 Jesus Love Korean Church CUP\Planning\Hearing\Final COAs.doc 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 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 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. Hydrant locations shall be identified by the installation of reflective markers (blue dots per Temecula City Ordinance 15.16.020). F-5. New and existing 6uildings 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 and industrial 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-6. 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-7. 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. G:\PLANNING�2012\PAl2-0109 Jesus Love Korean Church CUP\Planning\Hearing\Final COAs.doc 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 resistanf 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 proper design 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 ar�e 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 cleacly 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. G:\PLANNING�2012\PAl2-0109 Jesus Loye Korean Church CUP\Planning\Hearing\Final COAs.doc e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural sunreillance 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 intenrention. 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. G:\PLANNING�2012\PAl2-0109 Jesus Love Korean Church CUP\Planning\Hearing\Final COAs.doc