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HomeMy WebLinkAbout06_012 PC Resolution PC RESOLUTION NO. 06 -12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0290 A CONDITIONAL USE PERMIT AND MUL TI- FAMILY RESIDENTIAL DEVELOPMENT PLAN APPLICATION TO CONVERT 32 APARTMENT UNITS TO CONDOMINIUMS LOCATED AT 42140 L YNDIE LANE WHEREAS, Don Mandersheid filed Planning Application No. PA05-0290, in a manner in accord with the City of Temecula General Plan, and Development Code; WHEREAS, Planning Application No. PA05-0290 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. PA05-0290 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. P A05-0290 subject to the conditions after finding that the project proposed in Planning Application No. PA05-0290 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. Findinps. The Planning Commission, in approving Planning Application No. PA05-0290 (Conditional Use Permit and Development Plan) hereby makes the following findings as required by Section 17.04.010 of the Temecula Municipal Code: Develooment Plan A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the City; The proposal is consistent with the land use designation and policies reflected for High Density (H) Residential development in the City of Temecula General Plan. The existing residential apartment complex would be converted to ownership condominium units under this proposal. The project conforms with the Subdivision Ordinance, Subdivision Map Act and Zoning Code. , B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; G:\Planning\2005\PA05-0290 Palm Valley Condos - OP. CUP\Planning\Reso.doc 1 " The proposed project is consistent with the development standards outlined in the City of Temecula Development Code. The proposed project has met the performance standards in regards to circulation, architectural design and site plan design. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Conditional Use Permit A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposal for converting 32 existing residential units to condominium units is consistent with the land use designation and policies reflected for the High Density Residential (H) land use designation within in the City of Temecula's General Plan, as well as the development standards for the High Density Residential (H) zone of the City of Temecula Development Code. The site is, therefore, properly planned and zoned and found to be physically suitable for the proposed for-sale residential condominium use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures; The proposed conditional use is compatible with adjacent land uses as defined in the General Plan. Staff has reviewed the proposed condominium use against the adjacent land uses and has determined that the proposed use will be consistent with the surrounding uses. The area in which the project is to be located has a mixture of uses which includes an apartment complex, office building and self storage business. C: The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in this Development Code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood; Staff has reviewed the proposed project to determine consistency with the Development Code and has found that the project meets all of the applicable requirements with the exception of private open space. Each unit includes private usable open space (porches or balconies) which range in size from 102 square feet to 178 square feet. Approximately 15 of the 32 units do not meet the Development Code requirement for 150 square feet of private open space per unit. Staff does not believe this is an issue of concem since the proposal involves an as-built condition and the requirement for additional private open space is not a health and safety issue. As constructed, the project meets the intent of the code with regard to open space and providing a positive quality of life. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; G:\PlanningI200SlPAOS-Q290 Palm Valley Condos. DP, CUPlPlanninglReso.doc 2 Staff has reviewed the proposed condominium use and found that it will not be detrimental to the health, safety, or general welfare of the community. Fire Prevention has reviewed circulation and drive aisle widths and has determined that the site will able to be adequately served by the Fire Department in an emergency situation. 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.PA05-0290 (Conditional Use Permit and Development Plan) 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 1 st day of February 2006. .dt&<,~ Ron Guerrierd, Chairman ATTEST: /Jl-~,c' d~~ Debbie Ubnoske, Secretary S,EAL]. ,,i ~- "", /' . ~. . \ ~. ,~, f-i ~ G:\PlanningI200SIPAOS-Q290 Palm Valley Condos. DP. CUPlPlanninglReso.doc 3 .__.~_. . 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-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of February 2006, by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Harter, Mathewson, Telesio NOES: o PLANNING COMMISSIONERS: None o PLANNING COMMISSIONERS: None o PLANNING COMMISSIONERS: None ABSENT: ABSTAIN: '"M"~-r' U'~ ~ Debbie Ubnoske, Secretary G:\Planning\2005\PAOS.0290 Palm Valley Condos. DP. CUPlPlanninglResn.doc 4 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA05-0290 (Conditional Use Permit and Development Plan) Project Description: A Conditional Use Permit and Multi-Family Residential Development Plan application to convert 32 apartment units to condominiums located at 42140 Lyndie Lane. An associated one-lot Tentative Tract Map (TTM 34062) has been applied for under PA05-0306. Assessor's Parcel No. 921-310-016-5 MSHCP Category: Exempt DIF Category: TUMF Category: 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 Department 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 21152 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)). 2. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. G:IPlanning\2005\PA05.0290 Palm Valley Condos. OP, CUPIPlannlnglFinal COAs.doc 1 ., GENERAL REQUIREMENTS G:IPlanning\200SIPAOS.0290 Palm Valley Condos. DP, CUPIPlanninglFinal COAs.doc 2 Planning Department 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. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 5. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 6. The Director of Planning may, upon an application being filed within thirty days prior to expiration, and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time. 7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 8. Prior to the sale of the first unit, the applicant shall provide documentation that all recommendations in the Pest Report dated July 15, 2005 have been completed. 9. This approval is contingent upon the approval and recordation of Final Map for Tract No. 34062 (PA05-0306). 10. The developer shall provide each purchaser with a copy of all planning department application submittals (physical elements report, pest report, soils report, statement of repairs, Declaration of CC&R's, and Department of Real Estate Budget) prior to said purchaser executing any purchase agreement or other contract to purchase a unit, and the developer shall give the purchaser sufficient time to review said information. Copies of said documents shall be made available at all times at the sales office and notice indicating availability of such reports shall be posted on-site. Copies of reports shall be provided to the Homeowners' Association upon its formation. 11. Prior to entering into escrow on the first unit, the subdivider shall submit the following information to the Planning Department: a. Name, address and phone number of Homeowner's Association; b. Actual sales price of units; G:IPlanning\200SIPAOS.0290 Palm Valley Condos. OP, CUPIPlanninglFinal COAs.doc 3 c. Actual Homeowner's Association fee; d. Number of prior tenants who intend to purchase units; and e. Number of units purchased with intent to be used as rentals. 12. Developer shall provide suitable alternative housing to tenant households at no additional cost to the tenant, whose unit undergoes substantial remodeling or rehabilitation during conversion, if the unit being remodeled or rehabilitated is not habitable. The final determination of habitability and suitability shall be made by the City of Temecula Department of Building and Safety. 13. All landscaping shall be restored as necessary and maintained in accordance with approved landscape plans. 14. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 15. 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 oft- 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." 16. 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. 17. All of the foregoing conditions shall be complied with prior to any use allowed by this permit. Building and Safety Department 18. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. Forany proposed work as applicable to conversion. 19. The City of Temecula has adopted an ordinance to collect fees Development Impact Fees. This project will be subject to payment of these fees that were not previously collected prior G:IPlanning\200SIPAOS-Q290 Palm Valley Condos. DP. CUPIPlannlnglFinal COAs.doc 4 to the recording of the Map. The fees shall be subject to the provisions of Ordinance 03-63 and the fee schedule in effect at the time of building permit issuance. 20. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. For any proposed work as applicable to conversion. 21. Obtain all building plans and permit approvals prior to commencement of any construction work. For any proposed work as applicable to conversion. 22. Show all building setbacks. 23. Developments with Multi-tenant Buildings or Shell Buildings shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with Single User Buildings shall clearly show on the plans the location of a dedicated panel in place for the purpose of the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 24. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1 , 1998) For any proposed work as applicable to conversion. 25. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. For any proposed work as applicable fo conversion. 26. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. For any proposed work as applicable to conversion. 27. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 28. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Fire Prevention 29. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 30. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four (4) inch letters and lor numbers, as approved by the Fire' Prevention Bureau. (CFC 901.4.4) G:\Planning\200S\PAOS.0290 Palm Valley Condos. OP, CUPlPlanninglFinal COAs.doc S 31. Prior to issuance of a Certificate of Occupancy or building final, a directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 32. Any/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) 33. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 34. 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 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) Community Services Department 35. 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. 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 G:IPlanning\200S\PAOS.0290 Palm Valley Condos. DP, CUPlPlanninglFinal COAs.doc 6