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HomeMy WebLinkAbout13-003 DH Resolution DH RESOLUTION NO. 13-03 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0007, A MINOR CONDITIONAL USE PERMIT TO ALLOW TEMECULA KOREAN ADVENTIST TO OPERATE A CHURCH AT 42110 REMINGTON AVENUE, SUITE A(APN 909-371-026) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On January 11, 2013, Chang Bou on behalf of Temecula Korean Adventist Church, filed Planning Application No. PA13-0007 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 June 20, 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. PA13-0007 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA13-0007, conformed to the City of Temecula's General Plan Development Code (Conditional Use Permits). Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA13-0007, 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 allow a religious facility to conduct services within an existing structure located in a Light Industrial zoning district. No physical exterior 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 consist of a religious facility within an existing light industrial park. Other uses located in the industrial park are primarily light industrial and office uses. The religious facility will be within an existing industrial suite and does not involve physical exterior modifications of the building or site. 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 proposes minor interior building tenant improvements within the existing building. The site 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. 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 project meets all requirements of the Development Code and General Plan which provide safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental fo 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 for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Director. 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 (CEQA), 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 does not involve exterior modifications of the existing building or site. The land use (religious facility) 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, further environmental review is not necessary because the project is consistent with CEQA Section 15301, C/ass 1 Existing Facilities exemption and meets all applicable Development Code requirements. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PA13-0007, a Minor Conditional Use Permit to allow Temecula Korean Adventist to operate a church at 42110 Remington Avenue, Suite A, 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 20 day of June, 2013. .---� Patrick Richardson, Director of Community Development I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 13-03 was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 20 day of June, 2013. � . Cynthi ariccia, Secretary EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA13-0007 Project Description: A Minor Conditional Use Permit to allow Temecula Korean Adventist to operate a church at 42110 Remington Avenue, Suite A Assessor's Parcel No.: 909-371-026 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: June 20, 2013 Expiration Date: June 20, 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 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 Wildlife 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 G:\PLANNING�2013\PA13-0007 Temecula Korean Adventist Church CUP\Planning\Director's Hearing\COAs.doc promptiy 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. 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: Wednesdays and Fridays from 5:30 p.m. to 9:00 p.m. (weekday services), Saturday and Sunday from 8:00 a.m. to 5:00 p.m. (Sabbath services), and the administrative office will be open seven days a week from 9.00 a.m. to 5:00 p.m. No congregation church services or gathering of the congregation are proposed during weekday administrative office hours. G:\PLANNING�2013\PA13-0007 Temecula Korean Adventist Church CUP\Planning\Director's Hearing\COAs.doc BUILDING AND SAFETY DEPARTMENT General Requirements B-1. Final Building and Safety conditions will be addressed when building plans are reviewed and submitted to Building and Safety. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are in force at the time of building plan submittal. B-2. 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-3. 2010 California Green Building Standards Provide 10% Voluntary Measures on project. B-4. Indicate at plan submittal occupancy separation requirements for adjoining tenant. B-5. Obtain all building plans and permit approvals prior to commencement of any construction work. At Plan Review Submittal B-6. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. Prior to Issuance of Building Permit(s) B-7. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-8. A pre-construction meeting is required with the building inspector priorto the start of the building construction. 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. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20-PSI residual operating pressure for a 2-hour duration (CFC Appendix B and Temecula City Ordinance 15.16.020). G:\PLANNING�2013\PA13-0007 Temecula Korean Adventist Church CUP\Planning\Director's Hearing\COAs.doc F-3. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. A combination of on-site and offsite 6" x 4" x 2-2 '/z" outiets on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrants in the system (CFC Appendix C and Temecula City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) F-4. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approvaf. 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-5. 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-6. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). F-7. 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, multi-family residential 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 6-inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have 4- inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC Chapter 5 and City Ordinance 15.16.020). F-8. 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-9. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC Chapter 5). POLICE DEPARTMENT General Requirements PD-1. The sales or consumption of alcoholic beverages is prohibited at this site, unless prior authorization from Alcoholic Beverage Control. PD-2. Applicant will comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. G:\PLANNING�2013\PA13-0007 Temecula Korean Adventist Church CUP\Planning\Director's Hearing\COAs.doc PD-3. Applicant will provide sufficient lighting during the hours of darkness to ensure patrons have a clear, lighted path from the event area to their vehicles. PD-4. At no time will public road closures occur without permission from the Temecula City Council. PD-5. Applicant will monitor all foot and vehicie traffic and notify the Temecula Police Department watch commander at 951-696-HELP immediately if conditions become hazardous. PD-6. The Temecula Police Department reserves the right to stop, cancel ortemporarily delay all or portions of any activities occurring at this event, when police or public safety becomes a major issue. PD-7. Applicant will be responsible for any cost incurred by the Police Department if officers are required because of traffic problems/congestion or public disturbance. PD-8. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5131. PUBLIC WORKS No conditions G:\PLANNING�2013\PA13-0007 Temecula Korean Adventist Church CUP\Planning\Director's Hearing\COAs.doc