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HomeMy WebLinkAbout14-06 DH ResolutionDH RESOLUTION NO. 14 -06 A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA14 -0126, A CONDITIONAL USE PERMIT FOR CROSSFIT TEMECULA TO OPERATE A SPECIALIZED SPORTS TRAINING FACILITY WITHIN A VACANT 6,960 SQUARE FOOT SUITE IN AN EXISTING FREE - STANDING LIGHT INDUSTRIAL BUILDING AT 43475 BUSINESS PARK DRIVE. (APN 921 - 020 -080) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On June 13, 2014, Nick Thomlison filed Planning Application No. PA14- 0126, 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 Director of Community Development, at a regular meeting, considered the Application and environmental review on October 23, 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 Community Development Director's Hearing and after due consideration of the testimony, the Director of Community Development approved Planning Application No. PA14 -0126 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Director of Community Development, in approving the Application hereby finds, determines and declares that: Conditional Use Permits, Development Code Section (17.04.010.E) A. The proposed conditional use is consistent with the General Plan and the Development Code; As proposed, CrossFit Temecula will operate as a public establishment with the primary purpose of offering specialized sports training and physical fitness instruction in an existing commercial building. The proposed use is consistent with the City of Temecula General Plan which specifies that the Industrial Park (IP) designation includes storage facilities, professional office, light manufacturing, and service oriented business activities serving the entire community. CrossFit Temecula is proposed within a suite of an existing free- standing building in a developed light industrial structure within the Industrial Park designation. Development Code Section 17.08.030.8.2 allows for Sports and Recreational Facilities as a conditionally permitted use. 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; CrossFit Temecula is proposed in a suite of an existing free - standing building in a developed light industrial structure within the Light Industrial zone. 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. 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; The application will allow for CrossFit Temecula to operate within a suite of an existing free - standing building in a developed light industrial structure. The site will remain adequate in size and shape to accommodate yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code 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 meets all requirements of the Development Code, General Plan, Fire Code and Building Code, 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 Community Development, 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 Community Development Director. 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 PA14 -0126: 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 request for a Conditional Use Permit for the proposed Crossfit Temecula will be conducted in an existing free - standing building in a developed light industrial structure. All access and public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Community Development Director of the City of Temecula approves Planning Application No. PA14 -0126, a Conditional Use Permit to operate a specialized sports training facility within a vacant 6,960 square foot suite in an existing free - standing light industrial building at 43475 Business Park Drive (APN: 921- 020 -080) 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 Director of Communh Development this 23`d day of October, 2014 Armando G. VillA4AICP Director of Community Development I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 14 -06 was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 23rd day of October, 2014. L Cynthiqoriccia, Secretary EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA14 -0126 Project Description: A Conditional Use Permit for Crossfit Temecula to operate a specialized sports training facility within a vacant 6,960 square foot suite in an existing free - standing light industrial building at 43475 Business Park Drive Assessor's Parcel No. MSHCP Category: DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: PLANNING DIVISION 921- 020 -080 N/A (Developed Site) N/A (Existing Building) N/A (Existing Building) N/A (Non - Residential) October 23, 2014 October 23, 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 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, 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. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. PL -8. 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 -9. Reciprocal Use Agreement. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. PL -10. Statement of Operations. The applicant shall comply with their Statement of Operations dated June 13, 2014, on file with the Planning Division, unless superseded by these Conditions of Approval. PL -11. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -12. 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. BUILDING AND SAFETY DIVISION General Conditions B -1. Final Building and Safety Conditions. 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 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, Temecula Municipal Code. B -3. Disabled Access. Provide details of all applicable disabled access provisions and building setbacks on the plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entry. c. Path of accessibility from parking to furthest point of improvement. B -4. Obtaining Approvals and Permits. 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. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one - quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. B -7. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. Prior to Issuance of Grading Permit(s) B -8. Sewer and Water Plan Approvals. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to the Building Division for review and approval. B -9. Demolition Permit. 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. Provide appropriate stamp of a registered professional with original signature on the plans. 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. Occupancy Classification. Based on the occupancy load on the plans, the occupancy classification is an "A" occupancy. F -3. Required Submittals (Fire Sprinkler Systems). 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. Fire sprinkler tenant improvement plans are required for any new walls and /or rooms that will be built. F -4. 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. Fire alarm tenant improvement pans are required due to the occupant load and occupancy classification. Prior to Issuance of Certificate of Occupancy F -5. 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). F -6. Knox Box. 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). POLICE DEPARTMENT No Conditions. PUBLIC WORKS DEPARTMENT No Conditions.