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Home My WebLink About02-081 CC ResolutionRESOLUTION NO. 02-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 00- 0470, A CONDITIONAL USE PERMIT, FOR THE OPERATION OF A 146,826 SQUARE FOOT CHURCH COMPLEX ON A 39- ACRE SITE, INCLUDING A 1,500-SEAT, 26,927 SQUARE FOOT INTERIM SANCTUARY WITH ASSEMBLY ROOM AND NURSERY; A 300 SEAT, 5,856 SQUARE FOOT CHAPEL; A 3,500 SEAT, 43,727 SQUARE FOOT WORSHIP CENTER; A 9,695 SQUARE FOOT PRE-SCHOOL; THE PLACEMENT OF SEVENTEEN (17) MODULAR CLASSROOM BUILDINGS AS TEMPORARY FACILITIES; FIVE SPORTS FIELDS; A GYMNASIUM; AND A TWO-STORY, FOUR LEVEL PARKING STRUCTURE (WITH 918 SPACES TOTALING 380,023 SQUARE FEET), GENERALLY LOCATED ON THE NORTH SIDE OF STATE HIGHWAY 79 SOUTH BEGINNING 480 FEET EAST OF JEDEDIAH SMITH ROAD AND CONTINUING EAST FOR APPROXIMATELY 3,000 FEET, FOR PROPERTY DESCRIBED AS A PORTION OF LOT 3 AND LOTS 4, 5, 6, 7, 8, 9, & 10 OF TRACT NO. 15211; ALSO KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-060-00t THRU -005 & 959-070-003 THRU -006. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and Rancho Community Church, filed Planning Application No. 01-0522 (Zone Change) and Planning Application No. 00-0470, Conditional Use Permit/Development Plan, for the property consisting of approximately 54 acres generally located on north side of State Highway 79 South beginning 480 feet east of Jedediah Smith Road and continuing east for approximately 4,000 feet, for property described as portions of lot 3 and lots 4, 5, 6, 7, 8, 9, & 10 of Tract No. 15211; also known as Assessor's Parcel Numbers 959-060-001 thru -004 & 959-070-003 thru -006 ("Project"). The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2002-22 recommending approval of a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Zone Change, and Conditional Use Permit/Development Plan for the Project. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning R:/Resos 2002/02-81 1 Commission adopted Resolution No. 2002-23 recommending that the City Council approve of a Zone Change for the Project. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2002-24 recommending that the City Council approve of a Conditional Use Permit for the Project. On September 24th, 2002, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. On September 24, 2002, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 02-80. On September 24, 2002, the City Council of the City of Temecula approved a Zone Change for the Project when it adopted Ordinance No. 02-04. Section 2. The City Council hereby makes the following findings as required in Section 17.04.010 of the Temecula Municipal Code: The proposed conditional uses are consistent with the General Plan and the Development Code. The proposed conditional use permit is consistent with the underlying site plan for this project, the City of Temecula General Plan, the Planned Development Overlay, and the applicable sections of the Development Code, and the Municipal Code. The proposed conditional uses are 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. Staff has reviewed the proposal and finds that the proposed conditional use permit, with conditions, is consistent with the City of Temecula General Plan, the Planned Development Overlay, and the applicable sections of the Development Code, and the Municipal Code. The site for the proposed conditional uses are adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscaping and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. Planning staff has reviewed the requirements of the performance standards delineated in the Planned Development Overlay, as well as the applicable sections of the Development Code. As a result, staff has determined that the proposed conditional use meets the zoning requirements for integration into the surrounding neighborhood. The nature of the proposed conditional uses are not detrimental to the health, safety, and welfare of the community. R:/Resos 2002/02-81 2 Provisions are made in the General Plan, the Planned Development Overlay, and the Development Code to ensure that the public health, safety, and welfare are safeguarded with the operation of the church and school facilities. The project is consistent with these documents and will be conditioned to meet all applicable requirements. The decision to conditionally approve the conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council. The project has been completely reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. Section 3. The City Council of The City Of Temecula hereby approves Planning Application No. PA00-0470, a Conditional Use Permit, for the operation of a church on a 39- acre site establishing a 146,826 square foot church complex on a 39-acre site, including a 1,500-seat, 26,927 square foot interim sanctuary with assembly room and nursery; a 300 seat, 5,856 square foot chapel; a 3,500 seat, 43,727 square foot worship center; a 9,695 square foot pre-school; the placement of seventeen (17) modular classroom buildings as temporary facilities; five sports fields; a gymnasium; and a two story-four level parking structure (with 918 spaces totaling 380,023 square feet), generally located on the north side of State Highway 79 South beginning 480 feet east of Jedediah Smith Road and continuing east for approximately 3,000 feet, for property described as a portion of lot 3 and lots 4, 5, 6, 7, 8, 9, & 10 of Tract No. 15211; also known as Assessor's Parcel Numbers 959-060-001 thru -005 & 959-070-003 thru - 006, subject to the specific conditions of approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. Section 4. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 24~ day of September, 2002 Ron'Roberts, Mayor ATTEST: ~. ( ~Susan W~. Jon~s, CMC R:/Resos 2002/02-81 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 02-81 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 24th day of September, 2002, by the following vote: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: AYES: 3 NOES: 0 ABSENT: 2 ABSTAIN: 0 Comerchero, Pratt, Stone None Naggar, Roberts None R:/Resos 2002/02-81 4 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT R:/Resos 2002/02~81 5 EXHIBIT A CITY OFTEMECULA CONDITIONS OFAPPROVAL Planning Application No. 00-0470 (Conditional Use Permit) Project Description: Conditional Use Permit to operate a church and private school with 146,826 square feet of total religious building area, and 1,800 students and t36,771 square feet of total school building area; and to place seventeen (17) temporary modular classrooms; five sports fields; a gymnasium; and a two story-four level parking structure (with 9t8 spaces totaling 380,023 square feet), on a 39-acre site, generally located on the north side of the State Route 79 South, beginning 480 feet east of Jedediah Smith Road and continuing east for 3,000 feet. DIF Category: Exempt Assessor Parcel No's: Approval Date: Expiration Date: 959-060-001 thru -005 & 959-070-001 thru -006 September 24, 2002 September 24, 2004 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. 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 One Thousand Three Hundred Twenty-Eight Dollars ($1,328.00) which includes the One Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21108(a) and California Code of Regulations Section 15075. 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 R:/Resos 2002/02-81 6 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 prompUy 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 deposit, the Director may terminate the land use approval without further notice to the applicant. 3. This approval shall be used within two (2) 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 (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. 4. The applicant shall comply with all conditions of approval for Planning Application No. PA00-0470, unless superseded by these conditions of approval. All these conditions shall be complied with prior to any occupancy or use allowed by this conditional use permit. 5. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 6. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 7. Modular buildings shown on the approval plans shall be utilized for a period of time not to exceed five (5) years from the date of occupancy. Any other future proposed modular buildings shall require approval of a Conditional Use Permit. The duration of use of the modular buildings may be extended upon submittal of a formal application for consideration at a public hearing before the Planning Commission. (Amendment by the Planning Commission on 7/31/02) 8. The applicant shall comply with the Mitigation Monitoring Program for Planning Application No. PA01-0522 along with a modification to V-1 as follows: a. At such time as the School begins utilization of bus service, documentation shall be provided to the City to demonstrate that alternative fuel sources, other than diesel, shall be utilized if available. 9. The hours for lighting of the ball fields shall be restricted to no later than 9:00 P.M., except that the westerly ball fields may be lit until 10:00 P.M. on Friday and Saturday. (Added by the Planning Commission on 7/31/02) 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's Signature Name printed Date R:/Resos 2002/02-81 7