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HomeMy WebLinkAbout06_028 DH Resolution DH RESOLUTION NO. 06-028 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0221, A TENTATIVE PARCEL MAP (TPM NO. 35065) WITH FINAL MAP WAIVER FOR CONDOMINIUM PURPOSES TO CREATE 46 CONDOMINIUM UNITS WITHIN FOUR EXISTING COMMERCIAL BUILDINGS (RANCH PUEBLO OFFICE BUILDINGS) LOCATED AT THE NORTHEAST CORNER OF HIGHWAY 79 SOUTH AND AVENIDA DE MISSIONES. Section 1. Mike Roberts filed Planning Application No. PA06-0221, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. Planning Application No. PA06-0221 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. PA06-0221 on November 30, 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 atter due consideration of the testimony, the Planning Director approved Planning Application No. PA06-0221 subject to Conditions of Approval, atter finding that the project proposed in Planning Application No. PA06- 0221 conformed to the City of Temecula General Plan and Development Code. Section 5. Findinas. The Planning Director, in approving Planning Application No. PA06-0221 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. Tentative Parcel Map No. 35065 is consistent with the General Plan, the Subdivision . Ordinance, the Development Code, and the Municipal Code because the project meets all the design standards set forth in each of these documents. 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 land division is not land designated for conservation or agricultural use. C. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The project consists of a Tentative Parcel Map for condominium purposes on property designated for commercial development, which is consistent with the General Plan. Furthermore, the Planning Commission approved a Development Plan (PA03-0233) for the G:\Planning\2006\PA06.0221 Rancho Pueblo TPM\Planning\DH Final Reso.doc . I buildings associated with this project on August 20,2003. The proposed Tentative Parcel Map would create ownership units for the buildings in 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 pursuant to section 15315 (Minor Land Division) of the California Environmental Quality Act. Furthermore, and Initial Study, Mitigated Negative Declaration and Mitigation Monitoring Program were adopted for the approved development plan (PA03-0233) for the site, which mitigate any potentially significant impacts of the approved development plan. No impacts beyond those already identified for the approved development plan are anticipated from the creation of the 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 Department, the Public Works Department, the Building and Safety Department, and the Temecula Community Services District. 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 been 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. H. (Quimby). The subdivision is consistent with the City's parkland dedication requirements This map does not include any residential units and therefore will not be subject to Quimby fees. Section 6. Environmental Compliance. The project is eligible for a categorical exemption pursuant to section 15315 of the California Environmental Quality Act. G:\Planning\2006\PA06.0221 Rancho Pueblo TPM\Planning\DH Final Reso.doc 2 Section 7. Conditions. That the City of Temecula Director of Planning' hereby approves Planning Application No. PA06-0221, a Tentative Parcel Map (TPM No. 35065) with Final Map Waiver for Condominium Purposes to create 46 condominium units within four existing commercial buildings (Ranch Pueblo Office Buildings) located at the northeast corner of Highway 79 south and Avenida de Missiones as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 8. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 30th day of November 2006. ~~ Steve Brown, Principal Planner I, Jill Dickey, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 06-028 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 30th day of November 2006. G:\Planning\2006\PA06-0221 Rancho Pueblo TPM\Planning\DH Final Reso.doc 3 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\Planning\2006\PA06-0221 Rancho Pueblo TPM\Planning\DH Final Reso.doc 4 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA06-0221 Project Description: A Tentative Parcel Map (TPM No. 35065) with Final Map Waiver for Condominium Purposes to create 46 condominium units within four existing commercial buildings (Ranch Pueblo Office Buildings) located atthe northeast corner of Highway 79 South and Avenida de Missiones Assessor's Parcel No.: 959-070-025,027,029, and 030 MSHCP Category: DIF Category: TUMF Category: Exempt (Previous Development Plan) Office Service CommerciaVOffice Approval Date: November 30, 2006 Expiration Date: November 30, 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 toJhe County Clerk in the amount of $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 Califomia 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:IPlannlng\2006IPA06-0221 Rancho Pueblo TPMIPlannlnglFINAL COAs.doc 1 GENERAL REQUIREMENTS G:IPlanning\2006\PA06-0221 Rancho Puebio TPMIPlanninglFINAL COAs.doc 2 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. All conditions for previous approvals (PA03-0233) 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 Land Division Compliance shall be recorded to legalize this approval, since a Final Map Waiver has been approved. 7. An Owners Association may not be terminated without prior City approval. 8. All of the included conditions shall be complied with prior to occupancy or any use allowed by this permit Fire Prevention 9. 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). 10. 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 see 902). 11. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four feet and an unobstructed vertical clearance of not less than thirteen feet six inches (CFC 902.2.2.1). G:lPlanning\2006\PA06.0221 Rancho Pueblo TPMIPlanningIFINAL COAs.doc 3 12. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door (CFC 902.4). 13. 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). 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:\Planning\2006IPA06-0221 Rancho Pueblo TPMIPlanninglFINAL COAs.doc 4