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HomeMy WebLinkAbout17-22 PC Resolution PC RESOLUTION NO. 17-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-0648, A CONDITIONAL USE PERMIT TO OPERATE AN OUTPATIENT, NON-MEDICAL BEHAVIORAL TREATMENT AND COUNSELING CENTER LOCATED WITHIN AN EXISTING MEDICAL OFFICE SUITE AT 44065 MARGARITA ROAD, SUITE 100 AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 959-080-038) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On April 18, 2017, Eric McCoy filed Planning Application No. PA17-0648, a Conditional Use Permit, 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 August 2, 2017, 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. PA17-0648, 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: Conditional Use Permit (Development Code Section 17.04.010.E) A. The proposed conditional use is consistent with the General Plan and the Development Code, As proposed, the project will operate as an establishment with the primary purpose of an outpatient, non-medical behavioral treatment and counseling center. The proposed use is consistent with the City of Temecula General Plan and the De Portola Road Planned Development Overlay (PDO-8) which includes outpatient alcohol and drug treatment facilities serving the entire community with approval of a Conditional Use Permit. 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 project is proposed within an existing medical office suite of the De Portola Road Planned Development Overlay (PDO-8). The proposed conditional use is consistent with all requirements of the Development Code and with the surrounding commercial and medical office uses and will therefore be compatible with the nature, condition and development of adjacent uses, buildings and structures because the surrounding area includes similar medical office uses. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the proposed use in within a medical office center with similar uses in intensity and nature. 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 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 development on the project site meets all of the requirements of the Development Code. The project does not involve the construction or expansion of a building. The project will be located within an existing medical office suite. Therefore, the site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order 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; As conditioned, the project will meet all requirements of the Building Code, Fire Code, Development Code and General Plan, which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. E. That the decision to 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 conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit: 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 request for a Conditional Use Permit to operate an outpatient, non-medical behavioral treatment and counseling center will be conducted in an existing medical office suite and involves a negligible expansion of the existing use. All access and public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA17-0648, a Conditional Use Permit to operate an outpatient, non-medical behavioral treatment and counseling center located within an existing medical office suite at 44065 Margarita Rd., Suite 100 and making a finding of exemption under the California Environmental Quality Act (CEQA) (APN 959-080-038) 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 August, 2017. J n H. Telesio, Chairperson ATTEST: ;�—Z_ 4�Ile, Lu"re Watson, 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. 17-22 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 August, 2017, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Watts ABSTAIN: 0 PLANNING COMMISSIONERS: None 11 L ke Watson, Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA17-0648 Project Description: A Conditional Use Permit to operate an outpatient, non-medical behavioral treatment and counseling center located within an existing medical office suite at 44065 Margarita Road, Suite 100 Assessor's Parcel No.: 959-080-038 MSHCP Category: N/A(no new square footage/ no grading) DIF Category: N/A(no new square footage) TUMF Category: N/A(no new square footage) Quimby Category: N/A(non-residential) New Street In-lieu of Fee: N/A(not located within the Uptown Temecula Specific Plan area) Approval Date: August 2, 2017 Expiration Date: August 2, 2019 PLANNING DIVISION Within 48 Hours of the Approval 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 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 a time extension of up to three 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. Signage Permits. A separate building permit shall be required for all signage. The signage shall meet the requirements of the City of Temecula Sign Program #135 (De Portola Medical Buildings). 7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. Statement of Operations. The applicant shall comply with their Statement of Operations 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. 9. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 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. FIRE PREVENTION Prior to Issuance of Building Permit(s) 11. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval for any changes made to the existing system. 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. 12. 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 plans will be required as additional fire alarm appliances will be required. Prior to Issuance of Certificate of Occupancy 13. Gates and Access. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC Chapter 5). 14. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 15. 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 6-inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). 16. Knox Box. A"Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). POLICE DEPARTMENT General Requirements 17. Health and Safety. The Wellness Center must not adversely affect the health and safety of the local community. 18. Upkeep. The Center must maintain and upkeep so that its operating characteristics are compatible with the surrounding neighborhood. 19. Nuisance Activities. The Wellness Center must not contribute to nuisance activities, such as disturbances of the peace, drug dealing, public drinking and inebriation, gambling, prostitution and sales of stolen goods. 20. Questions Regarding Conditions. Any questions regarding these conditions should be directed to Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132.