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HomeMy WebLinkAbout04_030 DH Resolution "":' ~! '" DH RESOLUTION NO. 2004 030 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0074, TENTATIVE PARCEL MAP NO. 31711, TO SUBDIVIDE 2.89 ACRES INTO THREE (3) COMMERCIAL PARCELS WITH A MINIMUM LOT SIZE OF .92 ACRES, LOCATED ON THE NORTHEAST CORNER OF DE PORTOLA ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NUMBER 959-050-005. WHEREAS, Gallatin Dental Group, filed Planning Application No. PA04-0074, in a manner in accord with the City of Temecula General Plan, Development Code, and Subdivision Ordinance; WHEREAS, Planning Application No. PA04-0074 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. PA04-0074 on October 14, 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- 0074 subject to the conditions after finding that the project 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. PA04-0074 (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. Tentative Tract Map No. 31711 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code because the project has been designed in a manner that it is consistent with 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 contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. R:IP M\2004\O4-0074 TPM 31711lFiaai COA & Resa.doc The proposed land division is not land designated for conservation or agricultural use and has never been entered into any Williamson Act contracts. C. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The project consists of a 3-lot Tentative Parcel Map on property designated for professional office use, which is consistent with the General Plan, as well as the development standards for the professional office 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 site does not include a creek, wetlands, or habitat subject to environmental review. The project site has been disturbed and is not considered to contain critical 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 professional office zoning designation. The project has been reviewed subject to CEOA and has been determined to be exempt subject to CEOA Section 15315. 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 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 design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the construction of any structures the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. 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 Public Works Department and Community Services District have reviewed the proposed division of land and adequate conditions and/or modifications have been made to the Tentative Parcel Map. R:IP M\2004\O4-0074 TPM 31711IFiaa1 COA & Reso.doc 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 has been deemed to be categorically exempt (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. PA04-0074 (Tentative Parcel Map 31711) a tentative parcel map to subdivide 2.89 acres into three (3) commercial parcels with a minimum lot size of .92 acres, located on the northeast corner of Margarita Road and De Portola Road, 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 lanning this 14th day of October, 2004. Principal Planner I Kathy D. Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 2004-030 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 14th day of October, 2004. R:IP M\2004\O4-0074 TPM 31711IFinal COA & Reso.doc