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HomeMy WebLinkAbout06_023 DH Resolution , , DH RESOLUTION NO. 06-023 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0298, A MINOR CONDITIONAL USE PERMIT TO ALLOW DAY AND OVERNIGHT DOG CARE (DOG KENNEL) LOCATED IN AN EXISTING 6,266 SQUARE FOOT INDUSTRIAL BUILDING AT 42192 SARAH WAY Section 1. Terri Sassone of Camp Bow Wow, filed Planning Application No. PA06- 0298, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. Planning Application No. PA06-0298 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. Section 3. The Planning Director, at a regular meeting, considered Planning Application No. PA06-0298 on October 26, 2006, 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. Section 4. At the conclusion of the Director Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA06-0298 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA 06-0298 conformed to the City of Temecula General Plan and Development Code. Section 5. Findinqs. The Planning Director, in approving Planning Application No. PA06-0298 hereby makes the following findings as required by Section (number) of the Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposal for a dog day and overnight care facility within an existing industrial park is consistent with the Industrial Park land use designation and policies reflected in the General Plan, as well as the development standards for the Light Industrial Zoning District. Staff has determined that the proposed parking is adequate for the proposed use and will not adversely affect parking for the surrounding uses. Therefore, staff has determined that the site is suitable for the proposed 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, The proposed conditional use is compatible with adjacent uses, buildings and structures. The adjacent buildings include a variety of uses consistent with the Light Industrial Zoning District and the proposed conditional use will add to the variety of uses and provide additional convenience for the community: 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 O,IPlanningl2006IPA06-0298 Camp Bow Wow MCUN'lanningIDH RESOLUTION.doc 1 . . Planning Commission or council in order to integrate the use with other uses in the neighborhood. The proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities required by the Development Code and the Planning Commission or City Council in order to integrate the proposed use with other surrounding uses. 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 provides additional convenience and service to the community and is 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 Commission or City Council on appeal. The proposed conditional use provides additional convenience and service to the community and is not detrimental to the health, safety and general welfare of the community. Section 6. Environmental Comoliance. In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review. (Section 15301 (b) and (e)(2)(B) "Existing Facilities" and Section 15303 (c) "Conversion of Small Structures") Section 7. Conditions. That the City of Temecula Director of Planning hereby approves Planning Application No. PA06-0298, a Minor Conditional Use Permit to allow day and overnight care (dog kennel) located in an existing 6,266 square foot industrial building at 42192 Sarah Way known as Assessor Parcel No. 921-030-032, subject to the Conditions of Approval as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 8. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this October 26, 2006. S~~~~ prin2anner I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 06-023 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 26th of October 2006. Y! Kiiifiy Si~ins, O,IPlanning\2006IPA06-0298 Camp Bow Wow MCUN'IanningIDH RESOLUTION.doc 2 ~ ---". -. ~ .. . . EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA06-0298 Project Description: A Minor Conditional Use Permit to allow day and overnight care (dog kennel) located in an existing 6,266 square foot Industrial building at 42192 Sarah Way. Assessor's Parcel No. 921-030-032 MSHCP Category: DIF Category: TUMF Category: Exempt Business Park/lndustrlal Industrial/Business Park Approval Date: Expiration Date: October 26, 2006 October 26, 2008 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicanVdeveloper shall deliver to the Planning Department 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 21152 and Califomia Code of Regulations Section 15062. If within said 48-hour period the applicanVdeveloper has not delivered to the Planning Department 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)). G:\Planning\2006\PA06-0298 Camp Bow Wow MCUPlPlanninglFinal COA-CUP.doc 1 , . GENERAL REQUIREMENTS G:IPlannlng\2006IPA06-0298 Camp Bow Wow MCUPIPlanninglFinal COA-CUP.doc 2 Planning Department 2. 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, conceming 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. The applicant shall comply with all conditions of approval for Planning Application No.PA06- 0298, 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. 4. The applicant shall comply with their Statement of Operations dated October 16, 2006, on file with the Planning Department, unless superseded by these Conditions of Approval. 5. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 6. The City, and its planning director, 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 the business, a change in scope, emphasis, size or 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 planning director, planning commission, and City council is in addition to, and not in-lieu of, the right of the City, its director of planning, planning commission, and City council to review and 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. 7. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 8. Regular hours of operation shall be between 6:30 a.m. to 7:00 p.m., 7days each week. 9. The applicant shall provide six standard parking spaces and one handicapped parking space. This will require the applicant to redesign the proposed handicapped parking space consistent with ADA requirements. 10. The applicant shall provide for through drainage of the ribbon gutter located at the rear of the rear of the property underneath the outdoor activity area. 11. The applicant shall provide screened fencing as required by Camp Bow Wow Franchise Guidelines. G:IPlannlng\2006\PA06-0298 Camp Bow Wow MCUPIPlanninglFinal COA-CUP.doc 3 , . 12. The applicant shall post caution or warning signage of dogs present on property on the west, south and east exterior fencing. Building and Safety 13. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 14. The City of T emecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this. ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees, if applicable to the project, shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 15. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 16. A receipt or clearance letter from the T emecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 17. Show all building setbacks. 18. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1 , 1998) 19. Provide disabled access from the public way to the main entrance of the building. 20. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 21. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays 22, Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 23. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 24. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. G:\Plannlng\2006\PA06-Q298 Camp Bow Wow MCUPlPlanninglFinal COA-CUP.doc 4 , . 25. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 26. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Fire Prevention 27. 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. 28. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al). 29. Fire Department vehicle access roads shall have 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 ). 30. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent (CFC 902.2.2.6 Ord. 99-14). 31. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 32. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications. Community Services Department 33. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. 34. The Applicant shall comply with the Public Art Ordinance. G:IPlannlng\2006\PA06-0298 Camp Bow wow MCUPlPlanninglFinaJ COA-CUP.doc 5 -. ~~._..--_. PRIOR TO ISSUANCE OF BUILDING PERMIT G:\Planning\2006IPA06-0298 Camp Bow Wow MCUPIPlanninglFinal COA-CUP.doc 6 Building and Safety 35. Obtain all building plans and permit approvals prior to commencement of any construction work. 36. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Fire Prevention 37. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC 902.2.2.4). Community Services Department 38. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. G:IPlanning\2006\PA06-0298 Camp Bow wow MCUPlPlanninglFinal COA-CUP.doc ,-_. - ,". PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:\Planning\2006\PA06-Q298 Camp Bow Wow MCUPlPlannlnglFinal COA-CUP.doc Fire Prevention 39. Prior to building final, all locations where structures are to be built or altered shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet CFC see 902). 40. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors (CFC 901.4.4). 41. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation (CFC Article 10, CBC Chapter 9). 42. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation (CFC Article 10). 43. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box' shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door (CFC 902.4). 44. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 45. Prior to issuance of a Certificate of Occupancy or building final a simple floor plan and plot plan as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 46. Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI ) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. 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 Date Applicant's Printed Name G:IPlanning\2006\PA06-Q298 Camp Bow wow MCUPIPlannlnglFinal COA-CUP.doc