HomeMy WebLinkAbout06_020 DH Resolution
DH RESOLUTION NO. 06-020
A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA06-0185, A TENTATIVE PARCEL. MAP (PARCEL MAP
34820) TO SUBDIVIDE 5.29 ACRES INTO FOUR LEGAL LOTS
Section 1. Charlene Kussner with Gallery Homes filed Planning Application No.
PA06-0185, in a manner in accord with the City of Temecula General Plan and Development
Code.
Section 2. Planning Application No. PA06-0185 was processed including, but not
limited to a public notice, in the time and manner prescribed by State and local law.
Section 3. The Planning Director, at a regular meeting, considered Planning
Application No. PA06-0185 on August 17, 2006 and August 24, 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.
Section 4. At the conclusion of the Director Hearing and after due consideration of
the testimony, the Planning Director approved Planning Application No. PA06-0185 subject to
Conditions of Approval, after finding that the project proposed in Planning Application No. PA06-
0185 conformed to the City of Temecula General Plan and Development Code (Subdivision,
Development Agreement).
Section 5. Findinas. The Planning Director, in approving Planning Application No.
PA06-0185 hereby makes the following findings as required by Section 16.09.140 of the
Temecula Municipal Code:
Tentative Parcel Map (Code Section 16.09.1400)
A. The proposed subdivision and the design and improvements of the subdivision
are consistent with the Development Code, General Plan and the City of Temecula Municipal
Code;
Tentative Tract Map No. 34820 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 is consistent with these requirements.
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;
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;
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The project consists of a two lot Tentative Parcel Map on property designated for
residential, which is consistent with the General Plan, as well as, the development
standards for the Low Density Residential 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 proposed project will not develop near a creek, wetlands, or habitat subject to
environmental review. The project consists of a Parcel Map on properly designated for
residential uses, which is consistent with the General Plan, as well as the development
standards for the Low Density Residential zoning designation. The project has been
reviewed subject to CEQA and has been determined to be exempt subject to CEQA
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 Safety Division and the
Building Safety Division. 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;
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 conseNation.
G. The design of the subdivision and the type of improvements will not conflict with
the easements acquired by the public at large for access through or use of property within the
proposed subdivision;
All required right-of-way and easements have been provided on the Tentative Parcel
Map. The Public Works Department and the Community SeN/ces District have
reviewed the proposed land division and adequate conditions have been made to the
Tentative Parcel Map.
H. The subdivision is consistent with the City's parkland dedication requirements
(QUIMBY);
The proposed project will be conditioned to comply with Quimby fees.
Section 6. Environmental Comoliance. In accordance with the California
. Environmental Quality Act, the proposed Project has been deemed to be categorically exempt
from further environmental review. (Section 15315, Class 15, Minor Land Divisions).
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Section 7. Conditions. That the City of Temecula Director of Planning hereby
approves Planning Application No. PA06-0185 (Tentative Parcel Map 34820) located on the
south side of Santiago Road, east of Margarita Road, subject to the Conditions of Approval set
forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any
and all .other necessary conditions that may be deemed necessary.
Section 8. PASSED, APPROVED AND ADOPTED by the City of Temecula Director
of Planning this 31st Q August 2006.
o
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that
DH Resolution No. 06..gi>Q was duly and regularly adopted by the Director of Planning of the
City of T emecula at a regular meeting thereof held on the 3101 of August 2006.
.
,....
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA06-0185
Project Description:
A Tentative Parcel Map (34820) to subdivide 5.29 acres
into four legal parcels located on the south side of
Santiago Road, east of Margarita Road.
Assessor's Parcel No.
945-290-011 , 012
MSHCP Category:
DIF Category:
TUMF Category:
Residential
Detached Residential
Approval Date:
Single Family Residential
August 31, 2006
Expiration Date:
August 31, 2009
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 21152 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)).
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GENERAL REQUIREMENTS
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Planning Department
2. The applicant shall sign both copies of the final conditions of approval that will be provided
by the Planning Department staff, and retum one signed set to the Planning Department for
their files.
3. The tentative subdivision shall comply with the State of Califomia 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.
4. 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.
5. The permittee shall obtain City approval for any modifications or revisions to the approval of
this Tentative Parcel Map.
6. 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.
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. A Grading Permit for either rough or precise grading shall be obtained from the Department
of Public Works prior to commencement of any construction ol!tside of the City-maintained
road right-of-way. .
9. 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.
10. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for
consistency with adjacent projects and existing improvements contiguous to the site and
shall be submitted on standard 24" x 36" City of Temecula mylars.
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Community Services Department
11. 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.
12. The Applicant shall comply with the Public Art Ordinance.
13. All parkways, landscaping, fencing and drainage facilities shall be maintained by the
property owner or homeowners' maintenance association (HOA).
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PRIOR TO ISSUANCE OF GRADING PERMITS
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Planning Department
14. A copy of the rough grading and/or final grading plans shall be submitted and approved by
the Planning Department staff prior to the commencement of grading operations. The plan
shall reflect contour grading of the major southerly manufactured slopes to blend with the
contours of the natural terrain subject to review and approval by the Planning Division and
the Department of Public Works.
15. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeologicaVcultural resources, or any artifacts
or other objects which reasonably appears to be evidence of cultural or archaeological
resource are discovered, the property owner shall immediately advise the City of such and
the City shall cause all further excavation or other disturbance of the affected area to
immediately cease. The Director of Planning at his/her sole discretion may require the
property to deposit a sum of money it deems reasonably necessary to allow the City to
consult arid/or authorize an independent, fully qualified specialist to inspect the site at no
cost to the City, in order to assess the significance of the find. Upon determining that the
discovery is not an archaeologicaVcultural resource, the Director of Planning shall notify the
property owner of such determination and shall authorize the resumption of work. Upon
determining that the discovery is an archaeologicaVcultural resource, the Director of
Planning shall notify the property owner that no further excavation or development may take
place until a mitigation plan or other corrective measures have been approved by the
Director of Planning."
Public Works Department
16. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Planning Department
c. Department of Public Works
d. Community Services District
17. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of
Temecula standards and approved by the Department of Public Works prior to
commencement of any grading. The plan shall incorporate adequate erosion control
measures to protect the site and adjoining properties from damage due to erosion.
18. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the
Department of Public Works with the initial grading plan check. The report shall address all.
soils conditions of the site, and provide recommendations for the construction of engineered
structures and preliminary pavement sections.
19. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the
Department of Public Works with the initial grading plan check. The study shall identify
storm water runoff quantities expected from the development of this site and upstream of the
site. It shall identify all existing or proposed off-site or on-site, public or private, drainage
facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall
capable of receiving the storm water runoff without damage to public or private property.
The study shall include a capacity analysis verifying the adequacy of all facilities. Any
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upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall
be provided as part of development of this project. The basis for analysis and design shall
be a storm with a recurrence interval of one hundred years.
20. Construction-phase pollution prevention controls shall be consistent with the City's Grading,
Erosion and Sediment Control Ordinance and associated technical manual and the City's
standard notes for Erosion and Sediment Control.
21. The project shall demonstrate coverage under the State NPDESGeneral Permit for
Construction Activities by providing a copy of the Waste Discharge Identification number
(WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater
Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of
construction activities.
22. The Developer shall post security and enter into an agreement guaranteeing the grading and
erosion control improvements in conformance with applicable City Standards and subject to
approval by the Department of Public Works.
23. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check or
money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If
the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid.
24. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by
providing documented evidence that the fees have already been paid.
25. All lot drainage shall be directed to the driveway by side yard drainage swales independent
of any other lot.
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PRIOR TO RECORDATION OF FINAL MAP
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31. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities
shall be provided at all street intersections in accordance with Riverside County Standard
No. 805.
32. All easements and/or right-of-way dedications shall be offered for dedication to the public or
other appropriate agency and shall continue in force until the City accepts or abandons such
offers. All dedications shall be free from all encumbrances as approved by the Department
of Public Works.
33. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an
existing Assessment District must comply with the requirements of said section. Prior to City
Council approval of the Parcel Map, the Developer shall make an application for
reapportionment of any assessments with ~ppropriate regulatory agency.
34. Any delinquent property taxes shall be paid.
35. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel
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.
The following information shall be on the ECS:
36. 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.
37. The Developer shall make a good faith effort to acquire the required off-site property
interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the
Parcel Map for recordation, enter into an agreement to complete the improvements pursuant
to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall
provide for payment by the Developer of all costs incurred by the City to acquire the off-site
property interests required in connection with the subdivision. Security of a portion of these
costs shall be in the form of a cash deposit in the amount given in an appraisal report
obtained by the Developer, at the Developer's cost. The appraiser shall have been
approved by the City prior to commencement of the appraisal.
38. 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.
39. 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.
40. 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. "
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Community Services Department
41. The CC&R's shall be reviewed and approved by TCSD.
42. The Multi-Use Trail Easement area shall be delineated and labeled on the Final Map.
43. The developer shall satisfy the City's park land dedication (Quimby) requirement through the
payment of in-lieu fees equivalent to .057 acres of park land, based upon the City's then
current land evaluation.
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PRIOR TO ISSUANCE OF BUILDING RERMIT
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Community Services
44. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
I
45. Prior to Certificate of Occupancy issuance, it shall be the developer's responsibility to
provide written disclosure of the existence of the TCSD and its service level rates and
charges to all prospective purchasers.
Department of Public Works
46. Parcel Map shall be approved and recorded.
47. A Precise Grading Plan shall be submitted to the Department of Public Works for review and
approval. The building pad shall be certified by a registered Civil Engineer for location and
elevation, and the Soils Engineer shall issue a Final Soil~ Report addressing compaction
and site conditions. I
48. Grading of the subject property shall be in accordance with the California Building Code, the
approved grading plan, the conditions of the grading per~it, City Grading Standards and
accepted grading construction practices. The final grading plan shall be in substantial
conformance with the approved rough grading plan. I
49. The Developer shall pay to the City the Public Faciliti~s Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all
Resolutions implementing Chapter 15.06. I
50. The Developer shall pay to the City the Western Riverside County Transportation Uniform
Mitigation Fee (TUMF) Program as required by, and in acbordance with, Chapter 15.08 of
the Temecula Municipal Code and all Resolutions implerrtenting Chapter 15.08.
Fire Prevention I
51. 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.
52. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division
. per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water
system capable of delivering 1500 GPM at 20-PSI residual operating pressure with a 2-hour
duration. The required fire flow may be adjusted during the approval process to reflect
changes in design, construction type, or automatic fire protection measures as approved by
the Fire Prevention Bureau. The Fire Flow as given above has taken into account all
information as provided (CFC 903.2, Appendix III-A).
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53. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be
located on Fire Department access roads and adjacent public streets. Hydrants shall be
spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet
from any point on the street or Fire Department access road(s) frontage to a hydrant. The
required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade
of existing fire hydrants may be required (CFC 903.2, 903.4.2, and Appendix III-B).
54. If construction is phased, each phase shall provide approved access and fire protection prior
to any building construction (CFC 8704.2 and 902.2.2).
55. Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed. Temporary Fire Department access roads shall be an all weather surface for
80,000 Ibs. GVW (CFC 8704.2 and 902.2.2.2).
56. 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).
57. 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).
58. Prior to building construction, dead end road ways and streets in excess of one hundred and
fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus (CFC 902.2.2.4).
59. 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).
60. 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).
61. 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).
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
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Planning Department
62. All required landscape planting and irrigation shall have been installed consistent with the
approved construction plans and shall be in a condition acceptable to the Director of
Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation
system shall be properly constructed and in good working order.
Public Works Department
63. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP
have been constructed and installed in conformance with approved plans and are ready for
immediate implementation. .
64. 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. Department of Public Works
65. All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
66. All improvements shall be constructed and completed per the approved plans and City
standards to the satisfaction of the Director of Public Works.
67. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to
the construction operations of this project shall be repaired or removed and replaced to the
satisfaction of the Director of Public Works.
Community Services Department
68. The developer or his assignee shall submit, in a format as directed by TCSD staff, the most.
current list of Assessor's Parcel Numbers assigned to the final project.
By placing my signature beiow, 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.
Date
Applicant's Signature
Applicant's Printed Name
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