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HomeMy WebLinkAbout15-33 PC Resolution PC RESOLUTION NO. 15-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-0763, A DEVELOPMENT PLAN FOR HOPE LUTHERAN CHURCH TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF A 15,000 SQUARE FOOT SANCTUARY AND PRE-SCHOOL ON 2.93 ACRES WITHIN THE VERY LOW RESIDENTIAL (VL) ZONE AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE SITE IS LOCATED ON THE WEST SIDE OF VALLEJO AVENUE, APPROXIMATELY 1,700 FEET NORTHWEST OF LA PAZ ROAD. (APN 922-170-003) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 18, 2015, Jack Lanphere filed Planning Application No. PA15- 0763 a Development Plan, 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 Planning Commission, at a regular meeting, considered the Application and environmental review on December 2, 2015, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA15-0172, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Development Plan, Development Code Section 17.05.010.E A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; Religious institutions, as conditioned, are an allowable use within the Very Low Residential (VL) zones with a Conditional Use Permit. Therefore the use will be consistent with the General Plan for Temecula as well as the requirements for State law and other Ordinances of the City. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The project has been reviewed and conditioned to ensure conformance with the Development, Building, and Fire codes. These codes contain provisions designed to ensure the protection of the public health, safety, and general welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, Class 32, In-Fill Development Projects); The project meets all General Plan and Zoning policies and regulations and is located within City limits on a site of no more than five acres. The project site has no value as habitat for endangered, rare or threatened species. The site is also surrounded by development and is able to be serviced by all required utilities and public services. The project is not anticipated to result in any significant effects relating to traffic, noise, air quality, or water quality. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA15-0763, a Development Plan for Hope Lutheran Church to allow for the construction and operation of a 15,000 square foot sanctuary and pre-school on 2.93 acres within the Very Low Residential (VL) zone, and making a finding of exemption under the California Environmental Quality Act (CEQA). The site is located on the west side of Vallejo Avenue, approximately 1,700 feet northwest of La Paz Road. (APN 922-170-003), 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 Planning Commission this 2nd day of December, 2015. X� a. — RorlGuerriero, Vice-Chairperson ZeWa**tson,,,ES Direct Community Development Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 15-33 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of December, 2015, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Guerriero, Telesio, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Turley-Trejo ABSTAIN: 0 PLANNING COMMISSIONERS: None Luke Wa n, Director of Community Development Secretary EXHIBIT A FINAL CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA15-0764 Project Description: Hope Lutheran Church: a Conditional Use Permit for Hope Lutheran Church to allow for the construction and operation of a 15,000 square foot sanctuary and pre-school on 2.93 acres within the Very Low Residential (VL) zone. The site is located on the west side of Vallejo Avenue, approximately 1,700 feet northwest of La Paz Road. Assessor's Parcel No.: 922-170-003 MSHCP Category: Commercial DIF Category: N/A (Non-Profit 501 c3 - Temecula Municipal Code Section 15.06.0308) TUMF Category: Service (Only the sanctuary square footage is exempt: House of Worship -Temecula Municipal Code Section 15.08.040.F.9) Quimby Category: N/A (Non-Residential) Approval Date: December 2, 2015 Expiration Date: December 2, 2017 PLANNING DIVISION General Requirements PL-1. 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-2. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-3. Expiration. This approval shall be used within two 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 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-4. 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-5. Statement of Operations. The applicant shall comply with their Statement of Operations dated March 30, 2015, on file with the Planning Division, unless superseded by these Conditions of Approval. PL-6. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-7. 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. PL-8. Church Services. Service hours for the Hope Lutheran Church are limited to Sunday mornings between 7:30 a.m. and 11:30 a.m. PL-9. Church Office Hours. Office hours for Hope Lutheran Church are limited to Monday thru Thursday between 8:30 a.m. and 4:00 p.m. PL-10. Church Related Functions. Hope Lutheran Church may conduct typical church related functions such as Christmas services, weddings, bible studies, etc., whose dates, days of the week, and times may vary due to calendar requirements. PL-11. Preschool Calendar. The Hope Lutheran Church preschool shall be limited to a regular school year calendar (closed during summer and all holidays). PL-12. Preschool Hours of Operation. Hours of operation for the Hope Lutheran Church preschool shall be limited to Monday thru Friday between the hours of 9:00 a.m. and 2:00 p.m. PL-13. Preschool Pick-Up and Drop-Off Hours. Vehicular traffic for the picking-up and dropping-off of children for the Hope Lutheran Church preschool shall be limited to 30-minutes prior to. and after, regular school hours. PL-14. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit.