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Home My WebLink About05_009 DH Resolution J DH RESOLUTION NO. 2005-009 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0156, TENTATIVE PARCEL MAP 33412- FINAL MAP WAIVER A REQUEST TO SUBDIVIDE TWO EXISTING PARCELS INTO THREE LEGAL LOTS. THE PROJECT SITE IS LOCATED AT 41687 TEMEKU DRIVE, KNOWN AS ASSESSOR PARCEL NUMBERS 953-060-006 AND 065. WHEREAS, Laura Wilson representing McMillin Land Development filed Planning Application No. PA05-0156, in a manner in accord with the City of Temecula General Plan, Development Code, Margarita Village Specific Plan, and Subdivision Ordinance; WHEREAS, Planning Application No. PA05-0156 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. PA05-0156 on August 11, 2005, 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. PA05- 0156 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. PA05-0156 (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. 33412 is consistent with the General Plan, the Subdivision Ordinance, Margarita Village Specific Plan, and the Municipal Code in that the proposed project meets the design standards as required in the General Plan, Subdivision Ordinance, and the Municipal Code. G:\Planning\2005\PA05-0156 Temeku Clubhouse TPM\Planning\Final DH Reso & COA's.doc I B. The tentative map does not divide land, whiC;h is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. 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 map. The project consists of a Parcel Map on property designated for recreational uses, which is consistent with the General Plan and Margarita Village Specific Plan. 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 recreational uses, which is consistent with the General Plan and Margarita Village Specific Plan. 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 commercial buildings 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 City has reviewed these easements and has found no potential conflicts. H. (Quimby). The subdivision is consistent with the City's parkland dedication requirements 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. G:\Planning\2005\PA05-0156 Temeku Clubhouse TPM\Planning\Final DH Reso & COA's.doc 2 Section 4. Conditions. That the City of Temecula Director of Planning hereby approves Planning Application No. PA05-0156 (Tentative Parcel Map 33412) a tentative parcel map to subdivide 43.02 acres (2 existing parcels) into three (3) recreational parcels, located at 41687 Temeku Drive, 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 11 th day of August, 2005. o ~,J Don Hazen, Principal PI nner I Cynthia Laric " ecretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 2005- was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 11 h day of August, 2005. G:\Planning\2005\PA05-0156 Temeku Clubhouse TPM\Planning\Final DH Reso & COA's.doc 3 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\Planning\2005\PAOS-0156 Temeku Clubhouse TPM\Planning\Final DH Reso & COA's.doc 4 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA05-0156 Project Description: Tentative Parcel Map No.33412-Final Map Waiver is a request to subdivide two existing parcels into three legal lots. The project site is located at 41687 Temeku Drive, known as Assessor Parcel Numbers 953-060- 006 and 065. Assessor's Parcel Nos.: 953-060-006 and 065 Approval Date: August 11, 2005 Expiration Date: August 11, 2007 WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicanVdeveloper 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 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). G:\Planning\2005\PA05-0156 Temeku Clubhouse TPM\Planning\Final DH Reso & COA's.doc 5 GENERAL REQUIREMENTS G:\Planning\2005\PA05-0156 Temeku Clubhouse TPM\Planning\Final DH Reso & COA's.doc 6 Planning Department 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. 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the Gity 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 proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The 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. 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. 5. A Certificate of Land Division Compliance shall be recorded to legalize this approval, since a Final Map Waiver has been approved. Fire Department 6. Any previous existing conditions for this project or any underlying map will remain in full force and effect unless superceded by more stringent requirements here. 7. A "No Build Easement" will be required to be recorded on this map at all points where the short property line setbacks would require wall or opening protection. 8. 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 the time of building plan submittal. 9. All traffic calming devices that could impede or slow emergency vehicle access are prohibited, except those expressly approved by the fire prevention bureau individually on a case by case basis when they maintain the required travel widths and radii. 10. 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) G:\Planning\2005\PA05-0156 Temeku Clubhouse TPM\Planning\Final DH Reso & COA's.doc 7 11. 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 firefighting personnel. (CFC 902.4) Building and Safety 12. The Director of Building and Safety shall review and approve the wording for the proposed "No Build" Easement prior to approval. G:\Planning\2005\PA05-0156 Temeku Clubhouse TPM\Planning\Final DH Reso & COA's.doc 8 PRIOR TO MAP RECORDATION G:\Planning\2005\PA05-0156 Temeku Clubhouse TPM\Planning\Final DH Reso & COA's.doc 9 Planning Department 13. The following shall be submitted to and approved by the Planning Department: a. A Reciprocal Use Agreement ensuring access to all parcels, joint roads, drives or parking areas shall be provided and shall be recorded concurrent with the map. Fire Department 14. 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. 15. Any existing water system in support of hydrants or fire sprinkler systems that was installed as a common system serving the property that will now be divided into more than one parcel will be the responsibility of ALL PARCELS and will be maintained and repaired by ALL PARCELS in perpetuity. 16. Any existing fire lanes, fire department access roads or gates, or any other apparatus, appliance or surface used to provide emergency fire department access SHALL BE LEFT UNALTERED in perpetuity. 17. This parcel when divided shall maintain reciprocal access to all parcels. 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's Signature Date Applicant's Printed Name G:\Planning\2005\PA05-0156 Temeku Clubhouse TPM\Planning\Final DH Reso & COA's.doc 10