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HomeMy WebLinkAbout041714 DH Agendati AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING APRIL 17, 2014 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 CALL TO ORDER: Armando G. Villa, AICP, Director of Community Development PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Community Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the, Director. When you are called to speak, please come forward and state your name and address. Item No. 1 Project Number: Project Type: Project Title: Applicant: Project Description Location: Environmental Action Project Planner: 1:30 p.m. PA14-0054 Minor Conditional Use Permit Big Springs Educational Therapy Center and School Leslie and Christian Huscher A Minor Conditional Use Permit to operate an educational therapy center and school 41769 Enterprise Circle North, Suite A-101 Section 15301, Class 1 Existing Facility Stuart Fisk 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 Citys website—www.citvoftemecula.oro — 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 Citys website — www.citvoftemecula.ord — 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: April 17, 2014 TO: Armando G. Villa, AICP, Director of Community Development PREPARED BY: Stuart Fisk, Case Planner PROJECT Planning Application No. PA14-0054, a Minor Conditional Use SUMMARY: Permit application for Big Springs Educational Therapy Center and School to operate an educational therapy center and school at 41769 Enterprise Circle North, Suite A-101 RECOMMENDATION: Approve with conditions CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Leslie and Christian Huscher General Plan Industrial Park (IP) Designation: Zoning Designation: Business Park (BP) Existing Conditions/ Land Use: Site: Existing office building/Industrial Park (IP) North: Existing office building/Industrial Park (IP) South: Existing office building/Industrial Park (IP) East: Light industrial building and uses/Industrial Park (IP) West: Santa Gertrudis Creek/Open Space (OS) Existing/Proposed Min/Max Allowable or Required Lot Area: 1.4 acres NA Total Floor Area/Ratio: NA NA Landscape Area/Coverage: NA NA Parking Required/Provided: NA NA G:TLANNING72014\PA14-0054 Big Springs Minor CUP1PIanninglStaff Report.dou 1 BACKGROUND SUMMARY Planning Application No. PA 14-0054 was submitted by Leslie and Christian Huscher on March 18, 2014. The application is a Minor Conditional Use Permit to allow Big Springs Educational Therapy Center and School to operate an educational and therapy center at 41769 Enterprise Circle North, Suite A-101. Big Springs Educational Therapy Center and School offers educational assessments for children and adults to diagnose learning disabilities and give recommendations for programs, compensations, and strategies to help each client. Big Springs Educational Therapy Center and School also provides one-on-one individualized therapy sessions (educational therapy, occupational therapy, speech/language therapy, and social skills training), a full-time state certified non-public school for children in grades kindergarten through eighth grade with dyslexia, dysgraphia, sensory integration dysfunction, language -based learning disabilities, high functioning Autism, and Asperger Syndrome. In addition, Big Springs Educational Therapy Center and School offers a middle and high school support program, Applied Behavior Analysis (ABA), and resources and information on learning disabilities. Big Springs Educational Therapy Center and School has averaged 12 students in their classrooms per years during the past 38 years. 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 Site Plan Big Springs Educational Therapy Center and School will be located on an improved lot within an existing structure. The proposed use will consist of five separate rooms for offices, restrooms, a reception area, and a classroom. The lot and existing building are part of a three -building office complex that provides all required on-site parking as shared parking for the three buildings. No revisions to the site plan are proposed for the proposed use. Because the Temecula Development Code (Table 17.24.040) identifies a parking requirement of 1.5 spaces per classroom, while the therapy center and school's other uses, including educational assessments and therapy sessions, are considered professional office services that require parking at a ratio of 1 space per 300 square feet of gross floor area. Because the existing office buildings on the site are all parked at a ratio 1 space per 300 square feet of gross floor area, the proposed therapy center and school are consistent with the parking requirements of the Temecula Development Code. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on April 3, 2014 and mailed to the property owners within an 1100 -foot radius. ENVIRONMENTAL DETERMINATION 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). CEQA Section 15301 applies when a project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving G:\PLANNINGQ014\PA14-0054 Big Springs Minor CUPTIanning0rectofs Hearing\Staff Report.docx 2 negligible or no expansion of use beyond that existing at the time of the lead agency's determination The proposed conditional use will allow an educational therapy center and school to be located within an existing structure. No external changes to the structure have been proposed as part of the project. No intensification or expansion of use is proposed or permitted by the conditional use. As such, the conditional use is consistent with CEQA Section 15301 in that the project consists of the operation of a conditionally permitted use involving no expansion of use beyond that existing at the time of the lead agency's determination for the existing building. FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. The General Plan land use designat Park (IP). Educational institutions approval of a Conditional Use Permit. vacant suite within an existing offit appropriate General Plan and Devek exterior of the structure are proposed. ion for the proposed conditional use location is Industrial are allowed within this land use designation upon the The educational therapy center and school will occupy a :e building that was developed in accordance with all >pment Code Guidelines. No changes to the site plan or The proposed conditional use is 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. The project has been reviewed and conditioned by Building and Safety and Fire to ensure it is compatible with the nature, condition and development of the adjacent uses, buildings and structures and that the use will not adversely affect adjacent uses, buildings or structures. The site for the 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 conditional use will be located within an existing structure and no external modifications are proposed. The site for the 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 so that it may integrate 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. The conditional use has been reviewed and appropriately conditioned by Building and Safety and Fire to ensure it will be consistent with applicable sections of the building and fire codes so that it will not be detrimental to the health, safety and general welfare of the community. 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. G:\PIANNING\2014\PA14-0054 Big Springs Minor CUP\Planning\Staff Report.docx 3 The decision to approve, conditionally approve, or deny the application for a conditional use permit will be based on substantial evidence in view of the record as a whole before the Director of Community Development. ATTACHMENTS Aerial Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing G:\PLANNING\2014\PA14-0054 Big Springs Minor CUP\Planning\Staff Report.docx 4 dVW IVIN3V SNouon03N N`dld I�IiWIVXY31ti1 OD310 NY5 q;uMiMlt iwiwvv mrs rl �umrc wron � a IM.�V � Vry 1i.1 WITttY y.yp. ,Mf.IW ytw• w�si �IVKIY.-.t l' Y�FA.1 vwaoinvo # RES —3119 " -u ' a �N14LT11 9SIUd2I3JLNEj tl„ .LiVIU.-I OUR 69 L`q Enterprise Court' Building"A" Suite 101 COFI015 I orr)ct:-� L pfj--K� 2t'c�pii�t.l Phi 1JG !07T' ()rpw "CI' OWIC9 NOun-iOS3a HQ DH RESOLUTION NO. 14- A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA14-0054, A MINOR CONDITIONAL USE PERMIT APPLICATION FOR BIG SPRINGS EDUCATIONAL THERAPY CENTER AND SCHOOL TO OPERATE AN EDUCATIONAL THERAPY CENTER AND SCHOOL AT 41769 ENTERPRISE CIRCLE NORTH, SUITE A-101 Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On March 18, 2014, Leslie and Christian Huscher filed Planning Application No. PA14-0054, 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 Director of Community Development, at a regular meeting, considered the Application and environmental review on April 17, 2014, 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 Director of Community Development approved Planning Application No. PA14-0054 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA14-0054 conformed to the City of Temecula's General Plan Development Code. Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA14-0054, hereby makes the following findings as required by Section 17.04.010.E of the Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code: The General Plan land use designation for the proposed conditional use location is Industrial Park (IP). Educational institutions are allowed within this land use designation upon the approval of a Conditional Use Permit. The educational therapy center and school will occupy a vacant suite within an existing office building that was developed in accordance with all appropriate General Plan and Development Code Guidelines. No changes to the site plan or exterior of the structure are proposed. B. The proposed conditional use is 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: The project has been reviewed and conditioned by Building and Safety and Fire to ensure it is compatible with the nature, condition and development of the adjacent uses, buildings and structures and that the use will not adversely affect adjacent uses, buildings or structures. C. The site for the 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 conditional use will be located within an existing structure and no external modifications are proposed. The site for the 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 so that it may integrate 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 conditional use has been reviewed and appropriately conditioned by Building and Safety and Fire to ensure it will be consistent with applicable sections of the building and fire'codes so that it will not be detrimental 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 approve the application for a conditional use permit is based on substantial evidence in view of the record as a whole before the Director of Community Development. Section 3. Environmental Findings. The Director of Community Development 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). CEQA Section 15301 applies when a project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the tirrfe of the lead agency's determination; The proposed conditional use will allow an educational therapy center and school to be located within an existing structure. No external changes to the structure have been proposed as part of the project. No intensification or expansion of use is proposed or permitted by the conditional use. As such, the conditional use is consistent with CEQA Section 15301 in that the project consists of the operation of a conditionally permitted use involving no expansion of use beyond that existing at the time of the lead agency's determination for the existing building. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA14-0054, a Minor Conditional Use Permit application for Big Springs Educational Therapy Center and School to operate an educational therapy center and school at 41769 Enterprise Circle North, Suite A-101., subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Community Development this 17th day of April, 2014. Armando G. Villa, AICP Director of Community Development I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 14- was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 17th day of April, 2014. Cynthia Lariccia, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA14-0054 Project Description: A Minor Conditional Use Permit application for Big Springs Educational Therapy Center and School to operate an educational therapy center and school at 41769 Enterprise Circle North, Suite A-101 Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: PLANNING DIVISION 909-281-023 NA (no new construction/grading) NA (no new construction) NA (no new construction) NA (non-residential/no new construction) April 17, 2014 April 17, 2016 Within 48 Hours of the Approval of This Project PL -1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division 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 Division 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. Indemnification of the City. 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. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. Expiration. This approval shall be used within one year 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 one year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. PL -5. Time Extension. The Director of Community Development 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. Signage Permits. A separate building permit shall be required for all signage. PL -7. Water Quality and Drainage. 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. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. C. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. PL -8. Statement of Operations. The applicant shall comply with their Statement of Operations dated March 18, 2014, on file with the Planning Division, unless superseded by these Conditions of Approval. PL -9. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -10. City Review and Modification of CUP. The City, its Director of Community Development, 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 Director of Community Development, Planning Commission and City Council is in addition to, and not in -lieu of, the right of the City, its Director of Community Development, 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. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -11. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DIVISION General Conditions B-1. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. B-2. Compliance with Code. All design components shall comply with applicable provisions of the 2013 edition of the California Building, Plumbing and Mechanical Codes; 2013 California Electrical Code; California Administrative Code, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. B-3. Green Measures. The applicant shall provide 10% voluntary green measures on the project, as stipulated by the 2013 California Green Building Standards. B-4. Obtain Approvals Prior to Construction.. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. B-5. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B-6. Demolition. Demolition permits require separate approvals and permits. B-7. Hours of Construction. Signage project, indicating the hours of Municipal Ordinance 9.20.060, residence. The permitted hours 7:00 a.m. to 6:30 p.m. No work Government Holidays. shall be prominently posted at the entrance to the construction, as allowed by the City of Temecula or any site within one-quarter mile of an occupied of construction are Monday through Saturday from is permitted on Sundays and nationally recognized At Plan Review Submittal B-8. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. Prior to Issuance of Grading Permit(s) B-9. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) B-10. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction B-11. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements F-1. Fire Dept. Plan Review. 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. Required Submittals (Fire Sprinkler Systems). For any changes to the fire sprinkler system, plans will be required by a licensed C-16 Contractor and submitted to the Temecula Fire Department for review. 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. Required Submittals (Fire Alarm Systems). 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. Alarm devices are required for this facility. Prior to Issuance of Certificate of Occupancy F-4. Addressing. 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). EJNIMV3H onand d0 30I10N Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula COMMUNITY DEVELOPMENT DIRECTOR to consider the matter described below: Case No: PA14-0054 Applicant: Leslie and Christian Huscher Proposal: A Minor Conditional Use Permit application for Big Springs Educational Therapy Center and School to operate an educational therapy center and school at 41769 Enterprise Circle North, Suite A-101. 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: Stuart Fisk, (951) 506-5159 Place of Hearing: City of Temecula, Great Oak Conference Room Date of Hearing: April 17, 2014 Time of Hearing: 1:30 p.m. Project.Site 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.org. 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.org — 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.