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HomeMy WebLinkAbout03-13 DH ResolutionDH RESOLUTION NO. 2003-013 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0059, TENTATIVE PARCEL MAP NO. 31169 LOCATED ON 42355 & 42582 RIO NEDO & 42374 AVENIDA ALVARADO, KNOWN AS APN: 909-253-015 & 909-253-016 WHEREAS, Armstrong & Brooks Construction, Engineering filed Planning Application No. PA03-0059, in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, Planning Application No. PA03-0059 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Director, at a regular meeting, considered Planning Application No. PA03-0059 on May 15, 2003, 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; WHEREAS, at the conclusion of the Planning Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA03-0059 subject to the conditions after finding that the project proposed in Planning Application No. PA03-0059 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Director, in approving Planning Application No. 02-0059 (Tentative Parcel Map) hereby makes the following findings as required by Section 16.09.140 of the Temecula Municipal Code: The proposed subdivision and the design and improvements of the subdivision are consistent with the Subdivision Ordinance, Development Code, General Plan, and the City of Temecula Municipal Code; Staff has reviewed the proposal and finds that Tentative Parcel Map No. 31169 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code. The tentative map does not divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; The proposed land division is not land designated for conservation or agricultural use. The site is physically suitable for the type and proposed density of development proposed by the tentative map; The project consists of a Parcel Map on property designated for Light Industrial uses, which is consistent with the General Plan, as well as, the development standards for the Light Industrial zoning designation. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidable injure fish or wildlife or their habitat; The CEQA Guidelines Section 15315 provides an exemption for Minor Land Divisions. The usage of the exemption indicates that the impact is not likely to cause significant damage to the environment. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The project has been reviewed and commented on by the Fire Safety Division and the Building Safety Division. As a result, the project will be conditioned to address their concerns. Further, provisions are made in the General Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided; All required rights-ofiway and easements have been provided on the Tentative Map. The Public Works Department, who expressed no concerns regarding potential conflicts with easements or accesses, reviewed the proposed division of land. The subdivision is consistent with the City's parkland dedication requirements (Quimby); The applicant is responsible for payment fees, which will address the City's parkland dedication requirements. Section 3. Environmental Compliance. The project is eligible for categorical exemption (Class 15 - Minor Land Division) pursuant to section 15315 of the California Environmental Quality Act. Section 4. Conditions. That the City of Temecula Director of Planning hereby approves Planning Application No. PA03-0059 (Tentative Parcel Map 31169) located on Rio Nedo & Avenida Alvarado Road in Temecula, known as APN: 909-253-015 & 909- 253-016, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 15th day of May 2003. Deb~e Ubnosk-e", Pla .r~ni~ Director -: .. / ~.." I Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 2003-013 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 15th day of May 2003. EXHIBIT A CITY OFTEMECULA CONDITIONS OFAPPROVAL Planning Application No. PA03-0059 (Tentative Parcel Map/Commercial Building) Project Description: A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0059, TENTATIVE PARCEL MAP NO. 31169 LOCATED ON 42355 & 42582 RIO NEDO & 42374 AVENIDA ALVARADO IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. Assessor's Parcel No.: 909-253-015 & 909-253-016 Approval Date: May 15, 2003 Expiration Date: May 15, 2006 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department - a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). GENERALREQUIREMENTS The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified bythe conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an 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 which action is brought within the R:\P M\2003\03-0059 TPM 31169\Approval Letter.doc 3 appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., inc;uding but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the lands use approval without further notice to the applicant. If Subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Planning Director. Prior to Release of Planning Permits The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department. Return one signed set to the Planning Division for their files. Prior to Recordation of the Final Map 6. The following shall be submitted to and approved by the Planning Department: A copy of the Final Map. A copy of the Environmental Constraint Sheet (ECS) with the following notes: i. This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. Prior to Issuance of Occupancy Permits All required landscape planting and irrigation shall be installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. DEPARTMENT OF PUBLIC WORKS The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. GENERAL REQUIREMENTS RAP Iv1~2003\03-0059 TPM 31169~Approval Letter,doc 4 10. 11. 12. 13. 14. 15. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. A Grading Permit for precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Approval of the Parcel Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District d. Riverside County Flood Control and Water Conservation District e. City of Temecula Fire Prevention Bureau f. Planning Department g. Department of Public Works h. Riverside County Health Department i. Cable TV Franchise j. Community Services District k. General Telephone I. Southern California Edison Company m. Southern California Gas Company The Developer shall design and guarantee construction of the following public improvements to City of Temeoula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: a. Improve Rio Nedo (Secondary Highway Standards - 88' R/W) to include installation of sidewalk and street lights b. Improve Avenida AIvarado (Secondary Highway Standards - 88' R/W) to include installation of sidewalk and street lights c. Improve Tierra Alta Way (Principal Collector Highway Standards - 78' R/VV) to include installation of sidewalk and street lights R:\P M~2003\03 0059 TPM 31169~Approval Letter.doc 5 16. 17. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. Driveways shall conform to the applicable City Standard No. 207A b. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Depariment of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. a. Relinquish and waive right of access to and from Rio Nedo on the Parcel Map with the exception of one opening as delineated on the approved Tentative Parcel Map. b. Relinquish and waive right of access to and from Tierra Alta Way on the Parcel Map with the exception of two openings as delineated on the approved Tentative Parcel Map. c. Relinquish and waive right of access to and from Avenida Alvarado on the Parcel Map with the exception of two openings as delineated on the approved Tentative Parcel Map. d. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. e. Any delinquent property taxes shall be paid. f. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map to delineate identified environmental concerns and shall be recorded with the map. g. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. h. The Developer shall record a written offer to participate in, and wave all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed "Western bypass Corridor in accordance with the General Plan". The form of the offer shall be subject to the approval of the City Engineer and City Attorney. i. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. j. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. k. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map or issuance of building permits, whichever occurs first. RAP M~2003\03-0059 TPM 31169~Approval LeUer.doc 6 FIRE DEPARTMENT 18. A Fire Department representative has reviewed the above referenced Tentative Parcel Map and has the following informational comments and corrections: 19. A four hour wall is normally required between buildings this close to a property line, Please provide construction information on the walls of both buildings that are right on PL. 20. No openings are allowed this close to PL, indicate if any openings are in the wails facing PL. 21. Any conditions of approval on an existing underlying map will remain in effect and will only be waived upon approval, or being superseded by later laws or codes in effect at some subsequent time. 22. Maps splitting already developed parcels will be conditioned for perpetual repair and maintenance of underground fire water supplies. 23. Maps splitting already developed parcels will be conditioned prohibiting any blocking or changing of designated fire lanes or access roads. COMMUNITY SERVICES DEPARTMENT 24. The TCSD has reviewed the aforementioned project and has the following comments. All parkways (included within ROW), landscaping, open space, on site lighting and fencing shall be maintained by the property owner or maintenance association. OTHER AGENCIES 25. The applicant shall comply with the attached letter from Rancho Water District dated February 7, 2003. By placing my signature below, I confirm that I have read, understand and accept al the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Signature Applicant's Name Printed R:\P M\2003\03-0059 TPM 31169\Approval Letter.doc 7