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HomeMy WebLinkAbout04_020 DH Resolution DH RESOLUTION NO. 2004-020 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0109, A TENTATIVE PARCEL MAP NO. 32157, TO SUBDIVIDE 2.42 ACRES (2 EXISTING PARCELS) INTO FOUR (4) COMMERCIAL PARCELS WITH A MINIMUM LOT SIZE OF 0.43 ACRES, LOCATED AT 28465 OLD TOWN FRONT STREET, KNOWN AS ASSESSOR PARCEL NUMBERS 922- 026-022 AND 922-026-027. WHEREAS, RCM Capital Partners, LLC filed Planning Application No. PA04-0109, in a manner in accord with the City of Temecula General Plan, Old Town Specific Plan and Subdivision Ordinance; WHEREAS, Planning Application No. PA04-0109 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. PA04-0109 on July 29, 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. PA04- 0109 subject to the conditions after finding that the project proposed in Planning Application No. PA04-0109 conformed to the City of Temecula General Plan and Old Town Specific Plan; 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. Findinas. The Planning Director, in approving Planning Application No. PA04-0109 (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. 32157 is consistent with the General Plan, the Subdivision Ordinance, the Old Town Specific Plan, and the Municipal Code in that the proposed project meets the design standards as required in the General Plan, Subdivision Ordinance, Old Town Specific Plan 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 R:IP M\2004104-û109 TPM 32157 ChaparTallFinal Reso and COAs.doc I 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. C. The site is physically suitable for the type and proposed density of development proposed by the tentative rnap. The project consists of a Parcel Map on property designated for commercial uses, which is consistent with the General Plan, as well as the development standards for the Old Town Specific Plan zoning designation. D. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project consists of a Parcel Map on property designated for commercial uses, which is consistent with the General Plan, as well as the development standards for the Old Town Specific Plan zoning designation. The project has been reviewed subject to CEQA and has been determined to be exempt subject to CEQA Section 15315. E. The design of the subdivision and the type of improvernents 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. A development plan and building plans have designed and approved for the site. To the extent feasible, the development plan and building plans allow for future passive or natural heating or cooling opportunities. The proposed tentative parcel map will not alter the approved design of the development plan or the buildings. G. 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-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. RIP M\2004104-û109 TPM 32157 ChaparcalIFinal Reso and COAs.doc 2 Section 3. Environmental Cornpliance. The project has been deemed to be categorically exernpt (Class 15 - Minor Land Divisions) 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. PA04-0109 (Tentative Parcel Map 32157) a tentative parcel map to subdivide 2.42 acres (2 existing parcels) into four (4) commercial parcels with a minirnum lot size of 0.43 acres, located at 28465 Old Town Front Street, with 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 29th day of July 2004. I Cynthia M. Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 2004-020 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 29th day of July 2004. R:IP M\2004104-0l09 TPM 32157 ChaparralIFinal Reso and COAs.doc 3 EXHIBIT A FINAL CONDITIONS OF APPROVAL R:IP M\2004I04-0109 TPM 32157 ChaparTalIFinal Reso and COAs.doc 4 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No. PA04-0109 Project Description: A Tentative Parcel Map No. 32157, to subdivide 2.42 acres (2 existing parcels) into four (4) commercial parcels with a minimum lot size of 0.43 acres, located at 28465 Old Town Front Street. Assessor's Parcel Nos.: 922-026-022 and 922-026-027 Approval Date: July 29, 2004 July 29, 2006 Expiration Date: PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project 1. 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 211 08(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). General Requirements 2. The tentative subdivision 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 time 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. 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 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 proceedin9 to which this condition is applicable and shall further cooperate fully in the defense of the action. The 3. R:IP M\2004I04-0109 TPM 32157 ChaparTalIFinal Reso and COAs.doc 5 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. 4. All conditions for previous approvals (PA03-0471) affecting the subject property shall be completed unless otherwise amended by this approval. 5. 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. OTHER AGENCIES 6. The applicant shall comply with the recommendations set forth in the Rancho California Water District's letter dated March 1, 2004, a copy of which is attached. 7. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's letter dated March 2, 2004, a copy of which is attached. 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. Date Applicant's Signature Applicant's Printed Name R:IP M\2004I04-0109 TPM 32157 ChaparTalIFinal Reso and COAs.doc 6 @ Rancho Water [Weed ofDi'~"'rn Juhn E. Huagland P,~id'"t Cnba F. Ku S,. Vi" P,~ideot Stepben J. Corona Ratpb H. DaHy Ben R. Dnke Lisa D. He~ Jubn V. Ron; om«rn: RrianJ.B,ady Gen<>~ Manag" Pblllip L. Fu.b" Di'~""ofFi"o,,-T""um E_P. "Bob' Lemun, Di~",ofE""'n~"ng Rennetb C- Dealy Di'~"'ofOpe"",., & Mainle"O« Pe,.,.,. R. Louck Cuotmll" By March I, 2004 Stuart Fisk, Project Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TENTATIVE PARCEL MAP NO. 32157 APN 922-026-022 AND APN 922-026-027 p~ò ('1 -() It/'' Dear Mr. Fisk: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. LInda M- F~gu,u ~::::::~~Admin"t.aU.e Water availability would be contingent upon the property owner signing an c. Michaet C.welt Agency Agreement that assigns water management rights, if any, to RCWD. B"t B.,t" Krieg., LLP Genm! Cou~i If you should have any questions, please contact an Engineering Services Representative at this office at (909) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT ~ß~ Steve Brannon, P.E. Development Engineering Manager 04'Sß:atO59\FCF Ranchu CaUfu'nia Wat.. Di,tdct 42135 Win,h...,. Rood. Po,' am" Bo'¡IQ!7 . Tem~nla. C,,¡roc';a 92589-9017 . (909)296-6900, FAX (909) 296-6B60 ;A: COUNTY OF RIVERSIDE' COMML. .iTY HEALTH AGENCY ~ ~ DEPARTMENT OF ENVIRONMENTAL HEALTH March 2, 2004 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 ATIN: Stuart Fisk RE: TENTATIVE PARCEL MAP NO. 32157 (4 LOTS) pA:ÓL\ -Dlo"l Dear Ladies and Gentlemen: 1. The Department of Environmental Health has reviewed Tentative Parcel Map 32157 and recommends: a A water system shall be installed in accordance with plans and specifications as approved by the water company and the Environmental Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate; with a minimum scale not less than one inch equals 200 feet, along with the original drawing to the County Surveyor's Office. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part I, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "1 certify that the design of the water system in Tentative Parcel Map 32157 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such "Tentative Tract Map". This certification does not constitute a guarantee that it will supply water to such Tentative Tract Map at any specific quantities, flows or pressures for fire protection or any other purpose. A responsible official of the water company shall sign this certification. The plans must be submitted to the County Surveyor's Office to review at least two weeks PRIOR to the request for the recordation of the final map. 2. This Department has no written statement from Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the sub divider. It will be necessary for financial arrangements to be made PRIOR to the recordation of the final map. WŒ@Œ~\1JŒ~ \\1\\ MAR 0 4 2004 ~ Local Enlo«ement Agency. RO. Box 1280, Riverside, CA 92502-1280 . (909) 955.8982 . FAX (909) 781 9653 . 4080 Lemon S¥, ;ue, A 92501 land Use .nd Water Eng!n<erlng . PO. Box 1206. Riverside, CA 92502-12«> . (909) 955-8980 . FAX (9091 955-8903 . 4080 Lemon ,eet, 2nd Roo" Riverside, CA 92501 Page Two Attn: Stuart Fisk March 2, 2004 3. This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed in accordance with plans and specifications as approved by the District, the County Surveyor's Office and the Health Department. Pennanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor's Office. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and waterlines shall be a portion of the sewage plans and profiles. The plans shall be singed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tentative Parcel Map 32157 is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tentative Parcel Map". The plans must be submitted to the County Surveyor's Office to review at least two weeks PRIOR to the request for the recordation of the final map. 2. This Department has no written statement from Eastern Municipal Water District agreeing to serve sewer service to each and every lot in the subdivision. It will be necessary for financial arrangements to be made PRIOR to the recordation of the final map. Sincerely, ~onmental Health Specialist (909) 955-8980 ATTACHMENT NO.2 TENTATIVE PARCEL MAP 32157 R:IP M\2004I04-0109 TPM 32157 Chaparral\Final Reso and COAs.doc 7 I i~ i: .I l U r: i II " I ¡; I ~; -! . ~ t. I [!@ q!l '\j= III' U' I ~ ¡hi lis!; @1) ~nIID~¡; I ~ Ii!!h~~ @, !I~= ~ I~I~ I / ~ 1~II¡n ì ,/ I ~ In.. I : d Ililll : I 11M ~i, IIi I @ 11." I @£ ~II!~ I Ii ~ , III CI- @,:I 1= ~ Ib ,,~ I :4--1 I ,f! ! If a o nnnßllloilll:.- 1III ~ I' I I~ ,;...= I I I ~ I=~ II! liilll::¡9 : = ! !:, II! 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