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Home My WebLink About02-03 DH ResolutionDH RESOLUTION NO. 2002-003 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02-0361, A MINOR CONDITIONAL USE PERMIT FOR THE OPERATION OF A CHURCH FACILITY WITHIN AN EXISTING MULTI-TENANT INDUSTRIAL BUILDING IN TWO ADJACENT TENANT SUITES LOCATED AT 28073 DIAZ ROAD AND KNOWN AS ASSESSORS PARCEL NO. 921-040-023. WHEREAS, Henry Hays, representing Grace AME Church of Temecula Valley, filed Planning Application No. 02-0361, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. 02-0361 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Director, at a regular meeting, considered Planning Application No. 02-0361 on September 19, 2002, 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; WHEREAS, at the conclusion of the Planning Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. 02- 0361 subject to the conditions of approval after finding that the project proposed in Planning Application No. 02-0361 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findings. The Planning Commission, in approving Planning Application No. 02-0361 (Minor Conditional Use Permit) hereby makes the following findings as required by Section 17.04.010.E of the Temecula Municipal Code: A. The proposal, a church facility, is consistent with the land use designation and polices reflected in the Business Park (BP) land use standards in the City of Temecula General Plan, as well as the development standards for the Light Industrial (LI) zoning district contained in the City's Development Code. B. Staff in its review of the project has determined that this conditional use will be compatible with adjacent uses in the surrounding area. The exterior portion of the building is not being changed and it currently is compatible with the surrounding buildings. The project as proposed will not adversely affect the adjacent uses, buildings or structures. C. The project as proposed is requesting to move into an existing multi-tenant building. It has been determined by staff that this existing building will accommodate this conditional use and is adequate in size and shape to accommodate the yards, walls, fences, RAM C U P\2002\02-0361 Grace AME Church\DH Reso 02-0361.doc 1 buffer areas and other features prescribed in the Development Code. Although the available on-site parking is inadequate to accommodate the required number of vehicle spaces for the proposed use, a binding lease agreement with the adjacent property owner will provide the required number of additional parking spaces at the adjacent property to meet City Code requirements and has been conditioned for annual verification. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed conditional use has been reviewed by the Fire Department and conditioned to insure that the health, safety, and general welfare of the community has been safeguarded. The building will be inspected by the Building Department prior to occupancy to insure that the project is in conformance with the applicable building codes. E. The project has been completely reviewed, as a whole, in reference to all applicable codes and ordinances before the Director of Planning. Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No. 02-0361 was made per the California Environmental Quality Act Guidelines Section 15332 (In-Fill Development Projects, Class 32). This project is an in-fill development and meets the following criteria: • The site is 0.83 gross acres, which is less than the 5 acres required. • The proposed project is consistent the General Plan and with Development Code • The site has been previously developed and has no value as habitat for endangered, rare, or threatened species. • The approval of the project will not result in any adverse effects related to traffic, noise, air quality or water quality. • The site is currently served by all required public utilities and services. Section 4. Conditions. That the City of Temecula Director of Planning hereby conditionally approves Planning Application No. 02-0361 (Minor Conditional Use Permit) a request for a minor conditional use permit to operate church facility within an existing multi- tenant industrial building at 28073 Diaz Road, suites J and K, and known as Assessors Parcel No. 921-040-023. The Conditions of Approval are contained in Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning tl)is 19th day of September 2002. Don H, Principal Planner Lisa Kau, Secretary of the Temecula Planning Director's Hearing, do hereby certify that DH Resolution No. 02-003 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 19th day of September 2002. nt isa Kau, Secretary RAM C U P\2002\02-0361 Grace AME Church\DH Reso 02-0361.doc 2 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. 02-0361 (Minor Conditional Use Permit) The use hereby permitted is for operation of a church facility to be located at an existing 16,383 square foot multi-tenant industrial building at 28073 Diaz Road, Suites J and K. Assessor's Parcel No.: 921-040-023 Approval Date: September 19, 2002 Expiration Date: September 19, 2004 Planner: Michael McCoy PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty- eight (48) hour period the applicant/developer has not delivered to the Community Development Department - Planning Division 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 2. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an 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 which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required RAM C U 82002\02-0361 Grace AME Church\DH Reso 02-0361.doc 3 deposit, the Director may terminate the land use approval without further notice to the applicant. 3. The applicant shall comply with their Statement of Operations to PA02-0361, on file with the Community Development Department - Planning Division, unless superceded by these conditions of approval. 4. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 6. The development of the premises shall substantially conform to the approved Exhibit "C" (Floor Plan) and Exhibit "D" (Site Plan), contained on file with the Community Development Department - Planning Division. Additionally, the following criteria must be met prior to development of the project. 7. The applicant shall submit annual verification to the Planning Department that the lease agreement Exhibit "E" with the adjacent property owner at 28069 Diaz Road authorizing use of a minimum of twenty (20) vehicle parking spaces is still in effect or this Conditional Use Permit may be revoked. 8. The church occupancy at any one time shall be limited by the total number of available on-site vehicle parking spaces, including the authorized parking on the adjacent property at 28069 Diaz Road, pursuant to Section 17.24.040 of the City's Parking Ordinance. The days and hours of operation approved with this conditional use permit are as follows: • Sunday School and New Members Class: Sunday from 9:00 a.m. to 10:00 a.m.; • Adult/Youth Bible Study: Wednesday evening from 7:00 p.m. to 9 p.m.; • Sunday Worship Service: Sunday from10:30 a.m. to 7:00 p.m.; • Choir Practice: Thursday evening from 7:30 p.m. to 9:00 p.m. 9. Any outside wall-mounted lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. Those lights shown on the elevation plan as "typical exterior building lighting" shall be a decorative type complimentary to the building. Details of these lights shall be submitted to the Planning Department for review prior to installation. 10. All parking lot lights and other exterior lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655. 11. The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Community Development Department - Planning Division for their files. RAM C U A2002\02-0361 Grace AME Church\DH Reso 02-0361.doc 4 Prior to the Issuance of Occupancy Permits 12. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING DEPARTMENT 13. Doors serving areas with an occupant load exceeding 50 shall swing in the direction of travel. CBC 1003.3.1.5. 14. Exit doors serving Assembly occupancies shall not be provided with a latch or a lock unless it is panic hardware. CBC 1007.2.5. 15. Provide exit illumination for space per CBC 1003.2.9.1 & CBC 1003.2.9.2. (This is emergency exit lighting) 16. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 17. Obtain all building plans and permit approvals prior to commencement of any construction work. 18. Disabled access from the public way to the main entrance of the building is required. The path of travel shall meet the California Disabled Access Regulations in terms of cross slope, travel slope stripping and signage. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) FIRE DEPARTMENT 19. For any changes to the building, final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. 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. 20. Fire Department vehicle access roads shall maintain an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 21. This project shall maintain two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 22. Provide a 2A:1013C fire extinguisher inside each building or temporary structure on the site. 23. All exits shall be maintained, and be fully operational, in compliance with all laws at all times. (CFC 2501.8) 24. Maintain exit aisles. (CFC 2501.9) 25. When using no-fixed seating, maintain row spacing per CFC 2501.10 RAM C U P\2002\02-0361 Grace AME Church\DH Reso 02-0361.doc 5 26. When more than 300 seats are used they must be bonded per CFC 2501.10.2 By placing my signature below, I confirm that I have read, I understand and I accept all the above-mentioned Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Signature Applicant Printed Name Date RAM C U P\2002\02-0361 Grace AME Church\DH Reso 02-0361.doc 6