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HomeMy WebLinkAbout06_003 DH Resolution DH RESOLUTION NO. 06-003 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05.0361 TENTATIVE PARCEL MAP NO. 34188 WITH A FINAL MAP WAIVER ESTABLISHING NINE (9) LIGHT INDUSTRIAL CONDOMINIUM UNITS ON A .90 ACRE LOT, LOCATED ON THE SOUTH SIDE OF RIO NEDO, JUST WEST OF THE INTERSECTION OF DIAZ ROAD AND RIO NEDO (APN 909-252-009). WHEREAS, David Krzywicki, Southern California Investors filed Planning Application No. PA05-0361, in a manner in accord with the City of Temecula General Plan, and Subdivision Ordinance; . WHEREAS, Planning Application No. PA05-0361 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. PA05-0361 on February 23,2006 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 Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA05- 0361 subject to the conditions after finding that the project proposed in Planning Application No. PA05-0361'conformed to the City of Temecula General 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. 05-0361 (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. 34188 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code because the project meets design standards as required in the General Plan, Subdivision Ordinance, Development Code and the Municipal Code. G:IPlanningl2005IPA05-0361 Beacon Industrial CondolPlanninglFlNAL DH RESO & COAS.doc I 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; The proposed map does not divide land designated for conservation or agricultural use but rather selling "units" within an approved building. 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 for condominium purposes on property designated for light industrial, which is consistent with the General Plan. Furthermore, the Planning Commission approved a development plan (PA03-0149) for the buildings associated with this project on October 20, 2004. The proposed tentative parcel map would create ownership units from the building suites resulting from the approved development plan, but would not result in changes to the site plan, building floor plans or building elevations approved by the Planning Commission. 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 proposed tentative parcel map is eligible for a Categorical Exemption (Class 15- Minor Land Division) pursuant to section 15315 of the California Environmental Quality Act. Furthermore, a CEQA exemption was also adopted for the approved development plan (PA04-0149). No impacts beyond those already identified for the approved development plan are anticipated from the creation of condominium units. 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 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. mplannirig\2005IPA05-0361 Beacon Industrial CondolPlanning\FlNAL DH RESO & COA.S.doc 2 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 is eligible for Categorical Exemption (Class 15 - Minor Land Division) 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. P A05-0361 (Tentative Parcel Map 34188) located on the south side of Rio Nedo, west of the intersection of Diaz Road and Rio Nedo, known as Assessor Parcel No. 909-252009, 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 Director of Planning this 23rd day of February 2006. 7)e/J;,~r I/C~ Debbie Ubnoske, Director of Planning I Cynthia M. Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 06-003 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 23rd day of February 2006. . , G:IPlanning\200SIPAOS-0361 Beacon Industrial CondolPlanning\FINAL DH RESO & COAS.doc 3 EXHIBIT A FINAL CONDITIONS OF APPROVAL G,IPlanning\2005IPA05-0361 Beacon Industrial ConduIPlanning\F1NAL DH RESO & COA.S.duc 4 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No. PA05-0361 Project Description: A request for a Tentative Parcel Map with a Final Map Waiver for condominium purposes to establish a total of nine light industrial condominium units on an existing lot totaling .90 acres. The project is located on the south side of Rio Nedo, just west of the intersection of Diaz Road and Rio Nedo. DIF Category: Industr.ial MSHCP Category: Industrial TUMF Category: Industrial Assessor's Parcel Nos.: 909-252-009 Approval Date: February 23, 2006 Expiration Date: February 23, 2008 WITHIN 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 21108(b) and California Code of Regulations Section 15062. If within said 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). G:IPIanningI2005IPA05-0361 Beacon Industrial CnndnIPIanning\FINAL DH RESO & COA.S.dnc 5 GENERAL REQUIREMENTS G:IPlanning\2005IPA05-0361 Beacon Industrial CondolPlanning\FlNAL 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 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. All conditions for previous approvals (PA04-0149) 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. 6. A Certificate of Compliance shall be filed with the City of Temecula to finalize the proposed condominium lots. . 7. The following shall be submitted to and approved by the Planning Department: a. A Reciprocal Use Agreement and maintenance agreement ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided and shall be recorded. b. An Owners Association shall be established and the applicant shall submit a copy of the Covenants, Conditions, and Restrictions (CC&Rs) that address the following: i. CC&Rs shall be reviewed and approved by the Planning Director. The CC&Rs shall include liability insurance, identify and include methods of maintaining all landscape areas, drive aisles, private roads, parking areas and other common areas. ii. The CC&Rs shall be prepared at the developer's sole cost and expense. iii. The CC&Rs 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 its residents. G:\Planning\200S\PAOS-0361 Beacon Industrial Condo\PlanninglFlNAL DH RESO & COA.S.doc 7 iv. The CC&Rs 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&Rs shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and facilities. vi. The CC&Rs shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. vii. The CC&Rs shall provide that if the property is not maintained in the condition required by the CC&Rs, 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&Rs 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. viii. All open areas and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Public Works Department. ix. A Reciprocal Use Agreement and maintenance agreement ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by the CC&Rs or by deeds and shall be recorded concurrent with the map or prior to the issuance of a building permit where no map is involved. x. No lot or unit 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&Rs, which shall include compulsory membership of all owners of lots and/or units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&Rs 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. xi. Every owner of a unit or lot shall own as an appurtenance to such unit 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. Fire Prevention 8. All previous existing conditions for this project, Specific Plan, or Development Agreement will remain in full force and effect unless superceded by more stringent requirements here. G:IPlanning\2005IPA05.036f Beacon Industrial CondolPlanoing\FINAL DH RESO & COA.S.doc 8 9. 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. . 10. The map is approved in concept for phasing, but'this shall not be construed as approval to deviate from access requirements. No construction shall commence until there is 2 (Two) points of access to any site. Secondary access may be allowed to be of alternative construction and or have gates, but approval will be made at time of grading permits on a case by case basis. 11. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902 and Ord 99-14) 12. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 13. 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) 14. 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 firefighting personnel. (CFC 902.4) G:\PIanning\2005\PA05-0361 Beacon Industrial Condo\P1anningIFINAL DH RESO & COA.S.doc 9 OUTSIDE AGENCIES G:\Planning\2005\PAOS-0361 Beacoo Industrial CondolP1anning\F1NAL DH RESQ & CQA.S.doc 10 12. The applicant shall comply with the recommendations set forth in the attached County of Riverside Department of Environmental Health correspondence dated December 5, 2005. 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\PAOS-0361 BeacoD Industrial Condo\Planning\FINAL DH RESO & COA.S.doc 11 . , ~~ o C(J0NTY OF RIVERSIDE · HEALlL_.ERVICES AGENCY 0 . DEPARTMENT OF ENVIRONMENTAL HEALTH December 5, 2005 City ofTemecula Planning Department P.O. Box 9033 Temecula, CA92589-9033 . Attention: Christine Damko /)('c () . 9 1005 RE: Development Plan No. PA05-0362 Dear Ms. Damko: 1. Department of Environmental Health bas reviewed the Development Plan for a condo map to subdivide the 13,716 sq. ft. Beacon Industrial Building into 9 condo units. Although. the site plan indicates that water and sewer services are existing we have no recent information in regards water and sewer availability. 2. PRIOR TO TIlE ISSUANCE OF BUILDING PERMITS TIlE FOLLOWING SHOULD BE REQUIRED: a) "Will-serve" letters from the appropriate water and sewering districts. b) If there are to be any hazardous materials, a clearance letter from the Department of Environmental Health Hazardous Materials Management Branch (955-5055) will be required indicating that the project bas been cleared for: . . . UridergrinlndstOrage ~;Ordinance # 617.4. . Hazardous Waste Generator Services, Ordinance # 615.3. . Haiardous Waste Disclosure (in accordance with Ordinance # 651.2). . Waste reduction management. Sincerely. rib~~ ~ ~~ez, Supervising Environmental Health Specialist (909) 955-8980 NOTE: Anycumot sdditioaal rcquiremeots not covered ean be applicable at time of Building PIsn review for fiaa1 Department ofllaviroDmcnta1 Health clearance. cc: Doug Thompson, Hazardous Materials - - .. '.Lu___' .___... . on ....., t?AA Rive"ide. CA 92502-1280' 1909) 955-8982' FAX 19091781.9653 . 4080 Lemon S'",el. 9th Floor. Riverside. CA 9250 .... .,,...,~ n"~n