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PC12-099Resolution PC12-099 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING PLOT PLAN NO. 2011-099 for HIS LIGHT CHURCH AT THE BRADLEY MEDICAL CENTER Whereas, in July 26, 2011, the applicant, High Light Church, filed a formal application with the City of Menifee allow the use for a church at 28125 Bradley Road; and, Whereas, on January 10, 2012, the Planning Commission held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Plot Plan No. 2011-099, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 900 feet of the Project boundaries, and to persons requesting public notice; and, Whereas, at the January 10, 2012 Planning Commission public hearing, the Commission found that: The plot plan is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs. The proposed use is consistent with General Plan Policy LU 23.4, which refers to commercially designated properties within the Community Development General Plan Foundation Component, "Accommodate community -oriented facilities, such as telecommunications centers, public meeting rooms, daycare facilities, and cultural uses." The church use is a community -oriented and cultural facility that will be located in a commercially designated property. The project is also consistent with General Plan land use Policy LU 6.2 "Direct public, educational, religious and utility uses established to serve the surrounding community toward those areas designated for Community Development and Rural Community uses on the applicable Area Plan land use maps." The general plan land use designation is Community Development: Commercial Retail (CD: CR); therefore, the project is consistent with the policy. The project is consistent with the existing general plan land use and there is a reasonable possibility that the project will be consistent with future general plan and; therefore, shall not interfere with the future adopted general plan, including a housing element that is consistent with the state housing element law. 2. The plot plan is Consistent with the Zoning Code. The proposed church is allowed within the Scenic Highway Commercial (C-P-S) zone with approval of a plot plan. The project meets the parking requirements of Ordinance 348, Section 18.12 with the use of the alternative programs which include calculating parking based on the different peak parking demands for the various uses and bus parking reductions. Ordinance No. 348, Section 18.12, e., (1) allows for alternative programs to reduce parking demands. The busing of church members to services is an alternative program which reduces the parking requirements. Resolution No. PC 12-099 PP 2012-099 January 10, 2012 In addition, Ordinance No. 348, Section 18.12 f., allows for a parking reduction if the uses or combination of uses have different peak parking demands which occur at different times. The applicant has submitted sufficient evidence and documentation to demonstrate to the Planning Department that the uses in the medical offices have different hours of operation and therefore, different peak parking demands. 3. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity.The use allowed by this plot plan is compatible and complimentary with adjoining uses. The hours of operation are at different times then the other tenants in the building. The church visitors are also likely to eat and shop at the surrounding commercial uses after or before services which may reduce trips. The use will not be incompatible with the character of the city and its environs due to noise, dust, or odors. The applicant has submitted building plans to the City of Menifee Building & Safety Department and Riverside County Fire to for plan check review and sprinklers and upgrades will be made to the interior of the building to make the building safe for assembly. 4. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The proposed use has been determined to be Categorically Exempt (Class I — 15301 Existing Facilities) under the California Environmental Quality Act (CEQA) and CEQA Guidelines because it will be occupying an existing structure (Bradley Medical Offices) and will involve negligible expansion of the use beyond that existing at the time of the City's determination. The project will consist of minor interior and exterior alterations involving such things as interior partitions, plumbing and electrical conveyances. The project site is located in an area where all public services and facilities are available. The area in which the project is located is not environmentally sensitive. Now, therefore, the Planning Commission of the City of Menifee resolves and orders as follows: The Findings set out above are true and correct. 2. Plot Plan No. 2011-099, is approved subject to the Conditions of Approval as set forth in Exhibit "1" to this Resolution and as approved by the Planning Commission on January 10, 2012. Resolution No. PC 12-099 PP 2011-099 January 10, 2012 PASSED, APPROVED AND ADOPTED THIS 12th DAY OF JANUARY 2012. omas, Chair ATTEST: ennifer Allen, Planning Commission Secretary Approved, s p form: Joseph l,N jl,, 6tther, Interim City Attorney IMENIFE John V. Denver Mayor Thomas Fuhrman Mayor Pro Tern Wallace W. Edgerton Councilmember Darcy Kuenzi Councilmember Sue Kristjansson Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951-679.3843 www.cityoftenifee.us STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do hereby certify that the foregoing Resolution No. PC12-099 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 101h day of January, 2012 by the following vote: Ayes: Liesemeyer, Matelko, Zimmerman, Thomas Noes: None Absent: None Abstain: None Jenrfifer Allen, Planning Commission Secretary rTyO .MENIFE n City of Menifee 29714 Haun Road Menifee, CA 92586 Conditions of Approval for Minor Plot Plan No. 2011-099 His Light Church General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Minor Plot Plan No. 2011-099 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Minor Plot Plan No. 2011-099, dated November 2, 2011. 2. Description. Minor Plot Plan No. 2011-099 proposes to allow His Light Church to be located in a portion of the existing Bradley Medical Office building located at 28125 Bradley Road. The church will be located in 11,232 sq. ft. of the first floor of the building. There are no changes proposed to the exterior of the building, other than the addition of entrances and exits. The church will conduct the following activities: s.y ot the '1;eek Aours of Operation 9:00 a.m. to 10:00 a.m. Worship Service 9:00 a.m. to 11:00 a.m. Nursery and Childcare Services, Youth Groups Worship Service 11:00 a.m. to 12:00 a.m. 203 people 43 people 128 people Nursery and Childcare 40 people Services, Youth Groups 6:00 p.m. to 7:00 p.m. Worship Service 41 people 7:00 p.m. to 8:30 p.m. Bible Study 84 people 10:00 a.m. to 12:00 p.m. Bible Study 40 people 6:30 p.m. to 9:00 p.m. Bible Study 26 people 10:00 a.m. to 12:00 p.m. Bible Study 21 people 6:00 p.m. to 7:00 p.m. Bible Study 37 people 7:00 p.m. to 8:30 p.m. Bible Study 53 people 6:30 p.m. to 8:30 p.m. Worship 3rd Thursday 70 people of Every Month Conditions of Approval Minor Plot Plan No. 2011-099 His Light Church 10:00 a.m. to 11:00 a.m. Bible Study 4th 20 people Thursday of Every Month 6:30 p.m. to 8:30 p.m. Bible Study 4th 60 people Thursday of Every Month No Scheduled Events N/A N/A =, 10:00 a.m. to 12:00 p.m. Worship 65 people 3. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and County and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City and County") from any and all claims, actions, demands, and liabilities arising or alleged to arise as the result of the applicant's performance or failure to perform under this Plot Planor the City's and County's approval thereof, or from any proceedings against or brought against the City or County, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City or County, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Minor Plot Plan No. 2011-099. 4. 90 Days to Protest. The project developer has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 5. Newly Incorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The developer acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 6. Expiration. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within two (2) year period which is thereafter diligently pursued to completion or to the actual 2 of 5 Conditions of Approval Minor Plot Plan No. 2011-099 His Light Church occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two year period, the permittee may request a one (1) year extension of time in which to begin substantial construction or use of this permit. Should the one year extension be obtained and no substantial construction or use of this permit be initiated within three (3) years of the approval date this permit, shall become null and void. 7. Comply with Ordinances. The development of these premises shall comply with the standards of Menifee Municipal Code, Ordinance No. 348 and all other applicable ordinances and State and Federal codes. 8. Building and Safety. Compliance with Department of Building and Safety directives and all required permits shall be obtained prior to establishment or continuation of the use. 9. Causes for Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 10. Ceased Operations. In the event the use hereby permitted ceases operation for a period of ninety (90) consecutive calendar days unless such cessation is due to natural disaster, in which case the expiration period for non-use shall be one (1) year, this approval shall become null and void. 11. Business Licensing. Every person conducting a business within the City of Menifee shall obtain a business license as required by the Menifee Municipal Code. For more information regarding business registration, contact the City Clerk. 12. Additional Review. The church shall be limited to the hours of operation and activities described in Condition of Approval Number 2 — Project Description. Any expansion or intensification of the use will require review of the use permit. 13. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this Plot Plan as a principal place of residence. No person shall use the premises as a permanent mailing address nor be entitled to vote using an address within the premises as a place of residence. 14. Parking. Parking for this project was determined primarily on the basis of Ordinance No. 348, Section 18.12.: Classrooms 2,093 1 space per 8 spaces classroom* (Elementary and Intermediate school count used as instead of assembly) Multipurpose 1,167 For adults 8 —1 3 of 5 Conditions of Approval Minor Plot Plan No. 2011-099 His Light Church Rooms/Classrooms space/for every 2 4 spaces students* (Adult Study groups not specifically listed so used trade school instead of assembly) Kitchen 96 N/A N/A Storage 1,754 1 space/1,000 sq. ft. 2 space Office 198 1 s ace/200 s. ft. 1 space Entrance Hall 336 N/A N/A Worship 3,184 1 space/35 ft. 91 spaces assembly area Platform 500 Used for choir which 1 space* based on returns to seats after actual usage as performance and opposed to assembly Pastor Counting/Video Room 340 1 space/200 sq. ft. 2 Phlebotomy Training 27 on Second Floor 1 space per employee (Would modify hours and 1 space/2 to afternoon upon students (2 approval of Church employees and 50 per revised lease) students) Total Parking Required: 136 spaces Parking Reduction for Buses • Not specified in Ord. 348 • 54 people bused in for each service • Planning is willing to use a reduction of 1 parking space for every 3 people bused • Reduction allowed: 18 spaces _Shared Parking/Alternating Hours of Operation • The Phlebotomy Training on the second floor is open after 1 pm on Sundays; therefore, the 27 spaces needed for the School can be removed from the parking calculations • Reduction allowed: 27 spaces Total Parking Required with alternative parking program reductions: 91 spaces Total Parking Provided: 115 spaces 15. No Signs. No signs are approved pursuant to this project approval. Prior to the installation of any on -site advertising or directional signs, a signing plan shall be submitted to and approved by the Planning Department pursuant to the requirements of Section 18.30 (Planning Department review only) of Ordinance No. 348. 16. Review Operation Hours/Parking. One year after the issuance of occupancy permit, the Community Development Director and the Director of Building and Safety shall review this permit to reconsider the hours of operation and parking. If significant complaints have been received regarding nuisance or parking, the hours of operation of the church may be further restricted. 4 of 5 Conditions of Approval Minor Plot Plan No. 2011-099 His Light Church FEES 17. Subsequent Submittals and Fees. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Ordinance No. 671. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. Prior to Final Inspection 18. Final Planning Inspection. The applicant shall obtain final building permit sign -off from the Planning Department for each building permit issued by scheduling a final Planning inspection prior to the final sign -off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met and that the development complies with the approved set of building permit plans. 19. Phlebotomy Training. Prior to issuance of occupancy, the applicant shall submit evidence to the Planning Department that the Phlebotomy Training facility has modified their class scheduled on Sundays to provide afternoon classes starting at 1:00 p.m. instead of morning classes. END OF CONDITIONS 5 of 5