HomeMy WebLinkAbout06_011 PC Resolution
PC RESOLUTION NO. 06 - 11
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA05-0306 A ONE-LOT TENTATIVE TRACT MAP (TTM
NO. 34062) FOR CONDOMINIUM PURPOSES TO CONVERT 32
APARTMENT UNITS TO CONDOMINIUMS LOCATED AT 42140
L YNDIE LANE
WHEREAS, Don Mandersheid filed Planning Application No. PA05-0306, in a manner in
accord with the City of Temecula General Plan, and Development Code;
WHEREAS, Planning Application No. PA05-0306 was processed including, but not
limited to a public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered Planning
Application No. PA05-0306 on February 1, 2006, 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 Commission Hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application No.
PA05-0306 subject to the conditions after finding that the project proposed in Planning
Application No. PA05-0306 conformed to the City of Temecula General Plan and Development
Code;
NOW, THEREFORE, THE PLANNING COMMISSION 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. Findings. The Planning Commission, in approving Planning Application
No. PA05-0306 (Tentative Tract Map) hereby makes the following findings as required by
Section 16.09.1400 of the Temecula Municipal Code:
A. The proposed subdivision and the design and improvements of the subdivision
are consistent with the Development Code, General Plan, Subdivision Ordinance and the City of
Temecula Municipal Code;
The proposed subdivision is a Tentative Tract Map for residential condominiums and is
consistent with the Development Code, General Plan, Subdivision Ordinance, and the
City of Temecula Municipal Code because the proposed Tentative Tract Map complies
with the development standards and will function as a typical single lot with individual
owners of each unit.
,
B. The tentative map does not propose to 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;
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The project site is not subject to any agreements entered into pursuant to the Califomia
Land Conservation Act of 1965, because the project site is not within an area requiring
conservation nor is the land or surrounding land used for agricultural purposes.
C. The site is physically suitable for the type and proposed density of development
proposed by the tentative map;
The site is physically suitable for the type and proposed density of development
proposed by the Tentative Tract Map. The site is developed at a density of 11.85
dwelling units per acre where the maximum density is 20 units per acre. The project site
will function as a single lot, which allows for, required access, circulation and
improvements, however the individual residential condominium units will be individually
owned.
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 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, because the project site is developed
within an urban area and no wildlife or habitat are found on or adjacent to the project
site. No additional development is proposed.
E. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems;
The design of the subdivision and the type of improvements are not likely to cause
serious public health problems because development will be inspected by City Staff prior
to occupancy to ensure all improvements are constructed in a manner consistent with '
City of Temecula standards.
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, because the construction plans will
comply with all applicable building codes and State energy guidelines.
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;
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
because required off-site dedications and improvements have been provided or will be
acquired as conditions of approval.
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H.
(Quimby);
The subdivision is consistent with the City's parkland dedication requirements
Condominium conversions are not required to dedicate parkland or fees/requirements
(Quimby), therefore the project is consistent with the City's Parkland dedication
requirements. These fees were paid when the original residential apartment complex
was constructed in 1992
Section 3. Environmental Comoliance. A Notice of Exemption has been prepared
pursuant to Section 15301, Class 1, Existing Facilities, of the California Environmental Quality
Act (CEQA). No further environmental review is required for the proposed project.
Section 4. Conditions. That the City of Temecula Planning Commission hereby
approves Planning Application No.PA05-0306 (Tentative Tract Map) to convert the 32-unit
apartment complex known as Palm Valley Condos to for-sale condominium units located at
42140 Lyndie Lane, 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
Planning Commission this 1st day of February 2006.
ATTEST:
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Debbie Ubnoske, Secretary
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 06-11 was duly and regularly adopted ~ the Planning Commission of
the City of Temecula at a regular meeting thereof held on the 1 day of February 2006, by the
following vote of the Commission:
AYES:
5 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Harter, Mathewson,
Telesio
NOES:
ABSENT:
ABSTAIN:
o PLANNING COMMISSIONERS: None
o PLANNING COMMISSIONERS: None
o PLANNING COMMISSIONERS: None
~P/;lr,-i l~~
Debbie Ubnoske, Secretary
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA05-0306 (Tentative Tract Map No. 34062)
Project Description:
A one-lot Tentative Tract Map (TIM 34062) for
condominium purposes to convert 32 apartment units to
condominiums located at 42140 Lyndie Lane. An
associated Conditional Use Permit and Multi-Family
Residential Development Plan application has been
applied for under PA05-0290. Assessor's Parcel No. 921-
310-016-5
MSHCP Category:
DIF Category:
TUMF Category:
Exempt
Residential Attached
Not applicable
Approval Date:
February 1, 2006
Expiration Date:
February 1, 2008
WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT
Planning Division
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 21152 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)).
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GENERAL REQUIREMENTS
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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 30 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 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. If Subdivision phasing is proposed, a ohasino olan shall be submitted to and approved by
the Planning Director.
5. A Homeowners Association may not be terminated without prior City approval.
6. This approval is contingent on the approval of Planning Application No. PA05-0290 and
related Conditions of Approval.
Public Works Department
7. 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.
8. 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.
Community Services Department
9. The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
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PRIOR TO RECORDATION OF THE FINAL MAP
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Planning Department
10. The following shall be submitted to and approved by the Planning Division:
a. A copy of the Final Map.
b. 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.
c. A copy of the recorded Covenants, Conditions, and Restrictions (CC&R's):
i. CC&R's shall be reviewed and approved by the Planning Director. The
CC&R's shall include liability insurance and methods of maintaining open
space, recreation areas, parking areas, private roads, exterior of all buildings
and all landscaped and open areas including parkways.
ii. The CC&R's shall be prepared at the developer's sole cost and expense.
iii. The CC&R's 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.
iv. The CC&R's 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.
v. The CC&R's shall provide for the effective establishment, operation,
management, use, repair and maintenance of all common areas, drainage
and facilities.
vi. The CC&R's shall provide that the property shall be developed, operated and
maintained so as not to create a public nuisance.
vii. The CC&R's shall include a plan for equitable sharing of gas and water
utilities.
viii. The CC&R's shall provide that the association may not be terminated without
prior City approval.
ix. The CC&R's shall provide that if the property is not maintained in the
condition required by the CC&R's, 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&R's or
the City Ordinances. The property shall be subject to a lien in favor of the
City to secure any such expense not promptly reimbursed.
x. Every owner of a suite or lot shall own as an appurtenance to such suite 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.
xi. All open areas and landscaping shall be permanently maintained by the
association or other means acceptable to the City.
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11. No lot or suite 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&R's, which shall include compulsory membership of all owners
of lots and/or suites and flexibility of assessments to meet changing costs of maintenance,
repairs, and services. Recorded CC&R's 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.
12. Developer shall provide the Planning Department with a copy of Warranty Insurance
covering equipment and appliances pursuant to Section 16.21.080 (B) (10) of the Temecula
Subdivision Ordinance.
13. Developer shall provide all present tenants with notice of an exclusive right to contact for the
purchase of his or her respective unit and upon the same terms and conditions that such
unit will be initially offered to the general public or terms more favorable to the tenant. The
right shall run for a period of not less than ninety days from the date of issuance of the
subdivision public report unless the tenant gives prior written notice of his or her intention not
to exercise the right. Evidence of receipt by each tenant shall be submitted to the planning
department.
14. Developer shall provide satisfactory evidence to the Planning Department that a long term
reserve fund for replacement and repair has been established in the name of the
Homeowner's Association. Such fund shall equal at least two times the estimated monthly
homeowners' assessment for each dwelling unit, or an amount otherwise required by law.
\
15. Each tenant shall receive written notification within ten days of approval of a final map for the
proposed conversion. Evidence of receipt by each tenant shall be submitted to the planning
department.
16. Developer shall provide copy of Public Report submitted to Department of Real Estate to the
Planning Department for our files.
17. Each tenant shall receive ten days written notice that an application for a public report will be
or has been submitted to the Department of Real Estate, and that such report will be
available on request from the Planning Department. Evidence of receipt by each tenant shall
be submitted to the planning department.
18. All buildings, fences, patio enclosures, carports, sidewalks, driveways, and landscaped
areas shall be in adequate condition consistent with a newly constructed project. The
developer shall contact the Planning Department for inspection. The developer shall provide
the Homeowner's Association and/or purchaser a one year warranty on all physical
improvements required by this condition.
19. All repairs and improvements listed in applicant's Statement of Repairs and Improvements
dated September 22, 2005 and included in the staff report as Attachment 3 shall be
completed to the satisfaction of the Planning and Building Departments.
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20. All landscaping shall be restored as necessary and maintained in accordance with approved
landscape plans.
21. Each parking space reserved for the handicapped shall be identified by a permanently
affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying
the International Symbol of Accessibility. The sign shall not be smaller than 70 square
inches in area and shall be centered at the interior end of the parking space at a minimum
height of 80 inches from the bottom of the sign to the parking space finished grade, or
centered at a minimum height of 36 inches from the parking space finished grade, ground,
or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-
street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating
the following:
"Unauthorized vehicles parked in designated accessible spaces not
displaying distinguishing placards or license plates issued for persons with
disabilities may be towed away at owner's expense. Towed vehicles may be
reclaimed by telephoning 951 696-3000."
22. In addition to the above requirements, the surface of each parking place shall have a
surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3
square feet in size.
23. Developer shall contact Planning Department to schedule physical inspection of project site,
including each individual unit.
24. All of the foregoing conditions shall be complied with prior to any use allowed by this permit.
Public Works Department
25. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. City of Temecula Fire Prevention Bureau
d. Planning Department
e. Department of Public Works
f. Riverside County Health Department
g. Adelphia
h. Temecuala Community Services District
i. Verizon
j. Southern California Edison Company
k. Southern California Gas Company
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26. Any delinquent property taxes shall be paid.
27. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final
Map to delineate identified environmental concerns and shall be recorded with the map. A
copy of the ECS shall be transmitted to the Planning Department for review and approval.
28. 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.
29. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be
provided for underground, with easements provided as required, and designed and
constructed in accordance with City Codes and the utility provider. Telephone, cable TV,
and/or security systems shall be pre-wired in the residence.
30. 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.
31. A 24 foot easement shall be dedicated for public utilities and emergency vehicle access for
all private streets and drives.
32. Private drainlige easements for cross-lot drainage shall be required and shall be delineated
and noted on the final map.
33. Easements, when required for roadway slopes, landscape easements, drainage facilities,
utilities, etc., shall be shown on the final map if they are located within the land division
boundary. All offers of dedication and conveyances shall be submitted for review and
recorded as directed by the Department of Public Works. On-site drainage facilities located
outside of road right-of-way shall be contained within drainage easements and shown on the
final map. A note shall be added to the final map stating "drainage easements shall be kept
free of buildings and obstructions. "
Building and Safety Department
34. Prior to the approval of the final map, a physical inspection of the project site, including each
individual unit, shall be made by the City building and safety department and planning
department. Such inspection shall be made to ensure compliance with all applicable
conditions of approval as specified in the tentative map and conditional use permit approval.
All such corrections shall be made prior to the approval of the final or parcel map. The
subdivider shall be responsible for the payment of any fees related to the inspection of the
project.
. Health and Safety. Each bathroom in each living unit shall be provided with ground
fault circuit interrupters.
. Smoke Detectors. Each living unit shail be provided with approved detectors of
products of combustion other than heat, conforming to the latest code standards as
adopted by the City.
. Maintenance of Fire Protection Svstems. All fire hydrants, fire alarm systems,
portable fire extinguishers, and other fire protective appliances shall be properly
installed and maintained in an operable condition at all times.
. Shock Mountino of Mechanical Eouioment. All permanent mechanical equipment
such as motors, compressors, pumps, and compactors which is determined by the
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City to be a source of structural vibration or structure-borne noise shall be shock
mounted with inertia blocks or bases and/or vibration isolators in a manner approved
by the chief building official.
. Noise Standards. The structure shall conform to all interior and exterior sound
transmission standards of the Uniform Building Code. In such cases where present
standards cannot reasonably be met, the planning commission may require the
applicant to notify potential buyers of the noise deficiency currently existing within
these units.
35. Obtain street addressing for all proposed conversion of buildings prior to recording of Map.
Fire Prevention
36. 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 an 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.
By placing my signature below, I confirm that I have read, understand and accept all 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
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