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HomeMy WebLinkAbout14-04 DH ResolutionDH RESOLUTION NO. 14 -04 A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA14 -0054, A MINOR CONDITIONAL USE PERMIT APPLICATION FOR BIG SPRINGS EDUCATIONAL THERAPY CENTER AND SCHOOL TO OPERATE AN EDUCATIONAL THERAPY CENTER AND SCHOOL AT 41769 ENTERPRISE CIRCLE NORTH, SUITE A -101 Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On March 18, 2014, Leslie and Christian Huscher filed Planning Application No. PA14 -0054, a Minor 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 April 17, 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 Director's Hearing and after due consideration of the testimony, the Director of Community Development approved Planning Application No. PA14 -0054 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA14 -0054 conformed to the City of Temecula's General Plan Development Code. Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA14 -0054, hereby makes the following findings as required by Section 17.04.010.E of the Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code: The General Plan land use designation for the proposed conditional use location is Industrial Park (IF). Educational institutions are allowed within this land use designation upon the approval of a Conditional Use Permit. The educational therapy center and school will occupy a vacant suite within an existing office building that was developed in accordance with all appropriate General Plan and Development Code Guidelines. No changes to the site plan or exterior of the structure are proposed. B. The proposed conditional use is compatible with the nature, condition and development of the adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures: The project has been reviewed and conditioned by Building and Safety and Fire to ensure it is compatible with the nature, condition and development of the adjacent uses, buildings and structures and that the use will not adversely affect adjacent uses, buildings or structures. C. The site for the 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 conditional use will be located within an existing structure and no external modifications are proposed. The site for the 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 so that it may integrate 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 conditional use has been reviewed and appropriately conditioned by Building and Safety and Fire to ensure it will be consistent with applicable sections of the building and fire codes so that it will not be 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 decision to approve the application for a conditional use permit is based on substantial evidence in view of_ the record as 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 (CEQA), the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities). CEQA Section 15301 applies when a project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination; The proposed conditional use will allow an educational therapy center and school to be located within an existing structure. No external changes to the structure have been proposed as part of the project. No intensification or expansion of use is proposed or permitted by the conditional use. As such, the conditional use is consistent with CEQA Section 15301 in that the project consists of the operation of a conditionally permitted use involving no expansion of use beyond that existing at the time of the lead agency's determination for the existing building. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA14 -0054, a Minor Conditional Use Permit application for Big Springs Educational Therapy Center and School to operate an educational therapy center and school at 41769 Enterprise Circle North, Suite A -101., subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Community Development this 17th day of April, 2014. 0$4/.� Armando G. Villa, AICP Director of Community Development I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 14 -04 was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 17th day of April, 2014. Cynthia Lari Secretary EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA14 -0054 Project Description Assessor's Parcel No. MSHCP Category: DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: PLANNING DIVISION A Minor Conditional Use Permit application for Big Springs Educational Therapy Center and therapy center and school at 41 A -101 909 - 281 -023 NA (no new construction /grading) NA (no new construction) NA (no new construction) School to operate an educational 69 Enterprise Circle North, Suite NA (non - residential /no new construction) April 17, 2014 April 17, 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 one year 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 one 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. 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 -8. Statement of Operations. The applicant shall comply with their Statement of Operations dated March 18, 2014, on file with the Planning Division, unless superseded by these Conditions of Approval. PL -9. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -10. 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 PL -11. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DIVISION General Conditions B -1. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. 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, and City of Temecula Municipal Code. B -3. Green Measures. The applicant shall provide 10% voluntary green measures on the project, as stipulated by the 2013 California Green Building Standards. B -4. Obtain Approvals Prior to Construction. 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. Demolition. Demolition permits require separate approvals and permits B -7. 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. At Plan Review Submittal B -8. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. Prior to Issuance of Grading Permit(s) B -9. Demolition Permits. 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. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction B -11. Pre- Construction Meeting. A pre- construction meeting is required with the building inspector prior to the start of the building construction. 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. Required Submittals (Fire Sprinkler Systems). For any changes to the fire sprinkler system, plans will be required by a licensed C -16 Contractor and submitted to the Temecula Fire Department for review. 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. F -3. 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. Alarm devices are required for this facility. Prior to Issuance of Certificate of Occupancy F -4. 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).