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Planning commissioners direct staff to return approval resolution for Queen of Hearts writing academy with permitting condition
Summary
After public comment in support, the Jurupa Valley Planning Commission voted 5-0 to direct staff to return a resolution that would approve a community benefit permit and variance for Queen of Hearts Therapeutic Writing Center at 6405 Dana Avenue, with a condition requiring permits for any replaced structures.
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The Jurupa Valley Planning Commission on May 13 directed staff to prepare a resolution that would approve a community benefit permit (CBP 24001) and variance (26003) allowing the Queen of Hearts Therapeutic Writing Center to continue operating at 6405 Dana Avenue, but asked staff to include a condition requiring permitting for any replacement structures.
Senior planner Renee Aguilar told the commission the request would allow an existing "writing academy" that provides therapeutic, horseback-riding lessons for people with mental, emotional or physical disabilities to remain on the parcel despite several structures and parking areas that do not meet current setback requirements. Aguilar said the project is categorically exempt from CEQA under State CEQA Guidelines section 15301 (existing facilities) and that staff drafted a condition permitting the existing vinyl fence to remain if an encroachment permit โ substantially in the form approved by the city attorney โ is obtained within 90 days of the community benefit permit's effective date.
The applicant, Robin Kilcoyne of Queen of Hearts, described how moving the fence and structures to meet typical setback measurements would reduce the size of the riding arena and limit parking. "We really appreciate you guys taking this into consideration," Kilcoyne said, and showed aerial images and measurements to demonstrate how a 20- to 30-foot setback would cut into the arena.
Three speakers during public comment urged the commission to allow the center to remain. Don Davies said Queen of Hearts "has been around for longer than we've been a city" and urged approval because moving buildings and fences would jeopardize the program. Kamisha Smith, who identified herself as the center's director of operations, said she left corporate work to run the nonprofit and argued "the benefit that Queen of Hearts provides to the community definitely seems to outweigh" the encroachment into the right of way. Volunteer James Davies described personal benefits from his time at the center.
Commissioners asked staff to clarify two enforcement points: whether an encroachment permit is discretionary with the public-works director and whether a community benefit permit or an encroachment permit runs with the land. City staff read code section 9.24028 into the record and explained that a community benefit permit "does not run with the land" and terminates upon change of ownership or a change in the use that was the subject of the permit; encroachment permits are discretionary and would be evaluated by public works.
After deliberation about power poles in the right of way and the long-running community service the center provides, a commissioner moved to include a condition requiring permits for any replaced structures and to direct staff to bring back a resolution for approval at a future planning-commission meeting; another commissioner seconded the motion. The motion passed on a 5-0 voice vote.
What happens next: staff will draft a resolution consistent with the commission's direction, including the requested replacement-structure permit condition and the encroachment-permit language, and return the item at a future meeting for formal adoption.
Actions and formal record: The commission recorded the motion to direct staff to return an approval resolution with the added condition; the motion passed 5-0. Staff noted an encroachment-permit fee range observed in past applications of about $76 to $160 but said the exact fee would be confirmed.
