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HomeMy WebLinkAbout18-10 DH ResolutionDH RESOLUTION NO. 18-10 A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0890, A CONDITIONAL USE PERMIT TO ALLOW A RELIGIOUS INSTITUTION TO CONDUCT SERVICES AT AN EXISTING BUILDING LOCATED AT 28780 OLD TOWN FRONT STREET, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-091-003) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On July 27, 2018, Diane McIntosh on behalf of the Christian Science Society, filed Planning Application No. PA18-0890, 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 11, 2018, 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. PA18-0890 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA18-0890, conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA18-0890, hereby makes the following findings as required by Development Code Section 17.04.010 (Conditional Use Permits). A. The proposed use is in conformance with the General Plan and the Development Code; The conditional use will allow a religious facility to be located within an existing commercial center. These types of uses are permitted upon approval of a Conditional Use Permit per the City of Temecula Development Code. Therefore, the use is consistent with the City of Temecula General Plan and 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 proposed use is permitted upon the approval of a Conditional Use Permit. As conditioned, the 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 this Development Code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. The proposed conditional use will not require modifications to the existing site. 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 designed 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 has been reviewed to ensure consistency with the Development, Building, and Fire Codes. These codes contain provisions designed to ensure projects are not 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 director, planning commission, or city council on appeal. The decision to conditionally approve the application has been reviewed 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, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1, Existing Facilities). The City of Temecula Development Code allows for religious facility uses to be located at the project site upon approval of a Conditional Use Permit. The use will not require any modifications to the existing structure or site. Therefore the project involves negligible or no expansion of an allowable use. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA18-0890, a Conditional Use Permit to allow a religious institution to conduct services at an existing building located at 28780 Old Town Front Street, 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 Community Development this 11 t" day of October, 2018 Luke-Wafson Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 18-10 was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 11 to day of October, 2018. Denise Jacobo, Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA18-0890 Project Description: Christian Science Society Conditional Use Permit: A Conditional Use Permit to allow a religious institution to conduct services at an existing building located at 28780 Old Town Front Street. Assessor's Parcel No.: 922-091-003 MSHCP Category: N/A (No New Grading or Square Footage) DIF Category: N/A (No New Grading) TUMF Category: N/A (No New Grading) Quimby Category: N/A (Non -Residential Project) New Street In -lieu of Fee: N/A (Project Not Located Within Uptown Temecula Specific Plan) Approval Date: October 11, 2018 Expiration Date: October 11, 2020 PLANNING DIVISION Within 48 Hours of the Approval Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers 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 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 and its attorneys 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. 3. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means 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. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 5. 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. 6. 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. 7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. 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. If the project involves multiple lots, the applicant shall submit to the Planning Division a copy of a recorded Reciprocal Use Agreement, which provides for cross -lot access and parking across all lots. 9. Statement of Operations. The applicant shall comply with their Statement of Operations dated June 22, 2018, on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. 10. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 11. 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 12. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PUBLIC WORKS DEPARTMENT General Requirements 13. Conditions of Approval. The applicant shall comply with all Conditions of Approval and City codes/standards at no cost to any governmental agency. 14. Onsite Parking. The applicant shall ensure that there is an adequate number of onsite parking spaces. If street parking is proposed, the applicant shall obtain approval from the Traffic Engineering Division prior to the event. 15. Signs. Signs advertising the event shall be placed on private property. 16. No Usage of Public Right -of -Way. Vendors and all activity shall occur on private property; no vendors shall be allowed within the public right-of-way. 17. Replacement of Damaged Improvements. The applicant shall replace any damaged pavement, curb, gutter, or landscaping within public right-of-way or on private property caused as a result of the event. 18. Water Quality. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscaped debris and waste from entering storm drain systems or from leaving the property. Spills and leaks must be cleaned up immediately; hosing down parking areas, sidewalks, alley or gutters is not allowed. Ensure that all materials and products stored outside are protected from the rain. Ensure that all trash bins are covered at all times. 19. Portable Restrooms. Any and all portable restroom facilities shall have secondary containment. BUILDING AND SAFETY DIVISION General Requirements 20. 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. 21. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code,2016 California Energy Codes, 2016 California Green building Standards, California Title 24 Disabled Access Regulations, Temecula Municipal Code. 22. ADA 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. 23. Obtain Approvals and Permits. Applicant must obtain all building plans and permits prior to occupancy. Maximum Occupancy for this tenant space is 49. The occupancy sign shall be posted in a conspicuous place near the main exit or exit access doorway from the room or space. 24. Non -construction C of O. A non -construction Certificate of Occupancy shall be required prior to the release of the tenant space for operation. FIRE PREVENTION General Requirements 25. Fire Requirement. The building is a non-sprinklered building therefore no sprinkler or fire alarm permits will be required.