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HomeMy WebLinkAbout04_007 DH Resolution DH RESOLUTION NO. 2004-007 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEIVIECULA APPROVING PLANNING APPLICATION NO. PA03-06;36, TENTATIVE PARCEL MAP NO. 31960, LOCATED AT 42301 ZEVO DRIVE, GENERALLY LOCATED ON THE EAST SliDE OF WINCHESTER ROAD BETWEEN ZEVO DRIVE AND REMINGTON AVENUE, KNOWN AS ASSESSOR PARCEL NO. 909,.370-017. WHEREAS, Bay West Equities filed Planning Application No. PA03-0636, in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, Planning Application No. PA03-0636 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. PA03-0636 on March 25, 2004, 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- 0636 subject to the conditions after finding that the project proposed in Planning Application No, 03-0636 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA DOES HEREBY RESOILVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. fjndinos. The Planning Director, in approving Planning Application No. PA03-0636 (Tentative Parcel Map) hereby makes the following findings as required by Section 16.09.140 of the Temecula Municipal Code: A. 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. 31960 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code because the project meets design standards as required in the General Plan, Subdivision Ordinance, Development Code and the Municipal Code. B. 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 contraGt 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. RIP M\2003\O3-0636 TPM 31960IFmai Reso & COA,doc C. 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 for condominium purposes on property designated for light industrial, which is consistent with the General Plan. The proposed tentative parcel map would create ownership units from suites within an existing building, but would not result in changes to the site plan, building floor plans or building elevations approved by the' Planning Commission. D. The design of the subdivision and the proposed improvements, with conditions of approval, are not Ii,Œly to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; The proposed tentative parcel map is eligible for categorical exemption (Class 15 - Minor Land Division) pursuant to section 15315 of the California Environmental Quality Act. No impacts are anticipated from the creation of condominium units within the existing building, E. 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 Department, the Public Works Department and the Building and Safety Department. 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. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; The proposed tentative parcel map will not alter the design of the existing building. G. The desi!~n 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-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. H. (Quimby); The subdivision is consistent with the City's parkland dedication requirements This is a map for non-residential use and will not be subject to Quimby fees. 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. Qpnditions. That the City of Temecula Director of Planning hereby approves Planning Application No. PA03-0636 (Tentative Parcel Map 31960) located at 42301 R:IP M\2003\O3-0636 TPM 3 I 960IFmal Reso & COA,doc Zevo Drive, generally located on the east side of Winchester Road between Zevo Drive and Remington Avenue, known as Assessor Parcel No. 909-370-017, 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 0 Planning this 25th day of March 2004. ~ I Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 2004-007 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 25th day of March, 2004. ~~ R:IP M\2003\O3-0636 TPM 31960IFinal Reso & COA.doc EXHIBIT A CONDITIONS OF APPROVAL R:IP M\2003\O3-0636 TPM 31960IFmal Reso & COA.doc EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA03-0636 Project Description: A request for a Tentative Parcel Map for condominium purposes to establish light industrial condominium units from an existing building on an 11.06 acre lot. The project is located at 42301 Zevo Drive, generally located on the east side of Winchester Road between Zevo Drive and Remington Avenue. Assessor's Parcel Nos.: 909-370-017 Approval Date: March 25, 2004 March 25, 2007 Expiration Date: PLANNING DIVISION Within Forty-Eight (48]1 Hours of the Approval of this Project 1. The applicanVdEiveloper 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 applicanVdeveloper 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). General Requirements 2. The tentative sulJdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. A jime extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 60 days prior to the expiration date. 3. 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 action:> 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 R:IP M\2003\O3-0636 TPM 31960IFinai Reso & COA.doc 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 tha right to take any and all action the City deems to be in the best interest of the City and i'is citizens in regards to such defense. Prior to Release of Planning Permits 4. The applicant shall sign two copies of the final conditions of approval that will be provided by the Planning Department and return one signed copy to the Planning Department for their files. Prior to Recordation clf the Certificate of Compliance 5. An Owners Association shall be established and the applicant shall submit a copy of the Covenants, Conditions, and Restrictions (CC&Rs) that address the following: a. CC&Rs shall be reviewed and approved by the Planning Director. The CC&Rs shall include liability insurance, identify and include methods of maintaining all landscape areas, drive aisles, private roads, parking areas and other common areas. The CC8.Rs shall be prepared at the developer's sole cost and expense. The CC8,Rs shall be in the form and content approved by the Planning Director, City Engineer and the City Attorney and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and it's residents. The CC&Rs and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Public Works Departments and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&Rs shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and facilities. b. c. d. e. f. The CC8,Rs shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CC& Rs shall provide that if the property is not maintained in the condition required by the CC&Rs, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&Rs or the City Ordinanœs. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. All open areas and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Public Works Department. A maintenance agreement ensuring joint maintenance of all roads, drives or parking aloeas shall be provided by the CC&Rs or by deeds and shall be recorded concurrent with the map or prior to the issuance of a building permit where no map is involved. g. h. i. R:IP M\2003\O3-0636 TPM 31960IFinai Reso & COA.doc 8. 9. 10. 11. 12. j. 6. No lot or unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&Rs, which shall include compulsory membership of all owners of lots and/or units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&Rs shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the city prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Every owner of a unit or lot shall own as an appurtenance to such unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. The applicant shall submit to the Planning and Public Works Departments a copy of a recorded Maintenance Agreement for all commonly accessed areas and on-site private water facilities. k FIRE DEPARTMENT 7. Final fire and lifE! safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at th'9 time of building plan submittal. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704,2 and 902.2.2) Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) 'feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) Prior to and after building construction, this development shall maintain two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC902.2.1) Prior to isSUanCE! of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the owner shall maintain a fire sprinkler system. (CFC Article 10, CBC Chapter 9) R:IP M\2003\O3.0636 TPM 31960\Fmal Reso & COA.doc 17. 18, 13. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the owner shall maintain an fire alarm system monitored by an approved Underwriters Laboratory listed central station. (CFC Article 10) 14. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the riuht side of the main entrance door. (CFC 902.4) 15. 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 fire fighting personnel. (CFC 902.4) 16. Prior to and after final inspection of any building, the applicant shall maintain to the approval of the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. Prior to the issuance of a Certificate of Occupancy, building final or occupancy, buildings housing high-piled combustible stock shall comply with the provisions of Uniform Fire Code Article 81 and all applicable National Fire Protection Association standards. The storage of high-piled combustible stock may require structural design considerations or modifications to the building. Fire protection and life safety features may include some or all of the following: an automatic fire sprinkler system(s) designed for a specific commodity clasH and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. (CFC Article 81) Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau.(CFC 7901.3 and 8001.3) Special Conditions 19. 20. 21. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. If there are changes to underlying maps then prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI ) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code R:IP M\2003\O3-0636 TPM 31960IHnal Reso & COA.doc permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the, Fire Code and is subject to inspection. (CFC 105) 22. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quan.tities used Qr stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) 23. The existing fire sprinkler supply system was designed and installed with valves missing. So as to not make this problem worse in the future this and any similar deficiency must be corrected to current code requirements prior to instrument recordation. OUTSIDE AGENCIES 24. The applicant ~¡hall comply with the attached letter dated November 10, 2003 from Rancho Water. By placing my signature below, I confirm that I have read, understand and accept all of 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 Date Applicant Printed Name RIP M\2003103-0636 TPM 319601f'inal Reso & COA,doc