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HomeMy WebLinkAbout13-001 DH Resolution ' DH RESOLUTION NO. 13-01 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAl2-0173, A MINOR CONDITIONAL USE PERMIT TO ALLOW ISHINE TO OPERATE A TUTORING/LIFE COACHING FACILITY WITHIN EXISTING BUILDINGS LOCATED AT 1 BETTER WORLD CIRCLE Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A.. On August 29, 2012, Sue Hurst filed Planning Application No. PAl2-0173, 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 April 25, 2013, 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. PAl2-0173 � subject to Conditions of Approval, after finding that the project proposed in Planning . Application No. PAl2-0173 conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Planning Director, in approving Planning , Application No. PAl2-0173, 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 use will allow the iShine Learning Center to operate a tutoring/life coaching services within existing multi-tenant buildings. Per Section 17.08.030 (Use Regulations) of the Municipal Code, Educational Institutions, such as tutoring services that offers non-degree subjects, require the approval of a Minor Conditional Use Permit. Therefore, the proposed use, as conditioned, will comply with the applicable provisions of the Temecula General Plan, State law, 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 the adjacent uses, buildings, or structures; - The subject property is currently developed as three multi-tenant professional office buildings and is surrounded by business offices and light industrial uses. The operation of a tutoring/life coaching facility is conditioned appropriately to ensure traffic generation and off-site parking demands will not result in negative . impacts to the existing surrounding buildings and properties. As conditioned, the use will be compatible with the nature,. condition and development of the adjacent � uses, buildings, and structures and the proposed conditional 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; s The applicant is proposing to operate a tutoring/life coaching services occupying approximately 10, 758 square feet of the existing 58, 625 square foot professional office center for academic classrooms and offices space. 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 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 Development Code General Plan, and Building and Fire Codes, 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 Director of Planning; 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 Conditional Use Permit will allow iShine Learning Center to operate a tutoring/life coaching facility within existing buildings. No exterior modifications are proposed for the existing structures or site �plan. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PAl2-0173, a Minor Conditional Use Permit to allow iShine to operate a tutoring/life coaching facility within existing buildings located at 1 Better World Circle, 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 25th day of April, 2013. � . rt isk, Senior' lanner I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 13-01 was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 25 day of April 2013. r ' � G%�'i�� Cynthia riccia, Secretary EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PAl2-0173 � Project Description: A Minor Conditional Use Permit to allow iShine to operate a tutoring/life coaching facility within existing buildings located at 1 Better World Circle Assessor's Parcel No.: 910-310-059, 940-310-060, 940-310-056 MSHCP Category: NA — Existing Buildings (No New Construction) DIF Category: NA — Existing Buildings (No New Construction) TUMF Category: NA — Existing Buildings (No New Construction) Quimby Category: Exempt — Existing Non-Residential Building Approval Date: April 25, 2013 Expiration Date: April 25, 2015 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 Fifty Dollars ($50.00) 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 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. A separate building permit shall be required for all signage. PL-7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-8. 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-9. The applicant shall comply with their Revised Statement of Operations received October 23, 2012, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. � PL-11. 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. f PL-12. Regular hours of operation shall be between 9:00 a.m. and 8:00 p.m. Monday through Friday. BUILDING AND SAFETY DEPARTMENT General Conditions/lnformation 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. Obtain all building plans and permit approvals prior to commencement of any construction work. B-3. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-4. Obtain certificate of occupancy prior to occupying space. 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. F-2. 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 fcom the house panel. These plans must be submitted prior to the issuance of building permit. F-3. Since no new walls are being constructed and the suites are staying as is, then no . sprinkler tenant improvement permits will be required. In the event additional walls are installed, at that time a sprinkler tenant improvement permit will be required. 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). ' POLICE DEPARTMENT General Requirements PD-1. Applicant shall conduct all operations in accordance with all laws, rules and regulations pertaining to this type of business. PD-2. 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-3. The Crime Prevention and Plans Unit of the Temecula Police Department offers free presentations for students or staff on safety or security related subjects, to schedule an , appointment contact the unit at (951) 506-5132. PD-4. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. PUBLIC WORKS DEPARTMENT No conditions