HomeMy WebLinkAbout07_003 DH Resolution
DH RESOLUTION NO. 07-003
A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA06-0206, A TENTATIVE PARCEL MAP (TPM 34699) WITH A
FINAL MAP WAIVER TO SUBDIVIDE A 4.97 ACRE PARCEL
INTO ONE 2.50 ACRE LOT AND ONE 2.47 ACRE LOT, AND A
MINOR EXCEPTION FOR A 1.20 PERCENT REDUCTION OF
THE REQUIRED LOT SIZE FROM 2.50 ACRES TO 2.47 ACRES
FOR PROPERTY LOCATED AT 30465 CABRILLO AVENUE,
KNOWN AS ASSESSOR PARCEL NO. 922-180-009
Section 1.
No. PA06-0206, in
Development Code.
Markham Development Management Group filed Planning Application
a manner in accord with the City of Temecula General Plan and
Section 2. Planning Application No. PA06-0206 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. PA06-0206 on April 5, 2007, 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. PA06-0206 subject to
Conditions of Approval, after finding that the project proposed in Planning Application No. PA06-
0206 conformed to the City of Temecula General Plan and Development Code.
Section 5. Findinas. The Planning Director, in approving Planning Application No.
PA06-0206 hereby makes the following findings as required by Section 16.09.140 of the
Subdivision Ordinance and Section 17.03.060.0 of the Development Code:
Section 16.09.140 (Tentative Parcel Map)
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. 34699 is consistent with the General Plan, the Subdivision
Ordinance, the Development Code, and Municipal Code because the project has been
designed in a manner is consistent with the policies and standards in the General Plan,
Subdivision Ordinance, Development Code, and Municipal Code.
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 agricultural use;
The subject parcel does not propose to divide land which is subject to a contract entered
into pursuant to the California Land Conservation Act of 1965. The subject property has
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not been designated for conservation or agricultural land and is not subject to the
California Land Conservation Act of 1965.
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 residential development and the proposed density of
0.4 dwelling units per acre. The proposed Tentative Parcel Map (TPM 34699) rneets the
minimum lot size requirements contained within the Development Code, and is
consistent with all of the requirements found within City of Temecula General Plan and
the City of Temecula Subdivision Ordinance. The two lot subdivision (TPM 34699) is
therefore consistent with the Vel}' Low Density Residential zone.
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 site does not contain sensitive habitat subject to environmental
review, and will not cause significant environmental damage or substantially and
avoidably injure fish or wildlife in their habitat.
E. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems;
The project, as conditioned by the Fire Prevention Bureau, the Public Works
Department, and the Building and Safety Department, will comply with the applicable
improvement requirements designed to prevent serious public health problems.
Furthermore, 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 any issuance of building permits for the subject subdivision and prior to any
construction the applicant will be required to submit building plans to the City of
Temecula Building Department. These plans will be required to comply with all
applicable Uniform Building Codes, which also include requirements for energy
conservation. Therefore, 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 required right-of-way easements are included on the Tentative Parcel Map. The
City has reviewed these easements and has not found any potential conflicts.
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H.
(Quimby);
The subdivision is consistent with the City's parkland dedications requirements
The subdivision is consistent with the dedication requirement.
Section 17.03.060.0 (Minor Exception)
A. There are practical difficulties or unnecessary hardships created by strict
application of the code due to the physical characteristics of the site;
There are practical difficulties related to the size of the parcel that make it difficult to
meet the development standards for the Vel}' Low Density Residential (VL) zone without
the minor exception. The 1.20 percent lot size reduction is required for the parcel to
meet the development standards of the VL zone because the parcel is only 4.98 acres.
The size of the parcel has been reduced by several easements, including a 10 foot
equestrian easement along the south property line, a 12 foot public utility easement
along the east property line, and a 6 foot public utility easement along the west property
line. Without the granting of the Minor Exception this parcel would not meet the current
standards, which poses a practical difficulty and unnecessal}' hardship.
B. The minor exception does not grant special privileges which are not otherwise
available to surrounding properties and will not be detrimental to the public welfare or the
property of other persons located in the vicinity;
The minor exception does not grant special privileges, which are not otherwise available
to surrounding properties because this exception to the current code requirement is
minor in nature and consistent with Development Code, which allows for up to a 15
percent deviation from the code requirement. The request for the minor exception could
allow for a reduction of up to 0.38 acre reduction; however the applicant is requesting a
reduction of only 0.03 acres. Special privileges have not been granted which are not
otherwise available by meeting the findings within the Development Code, and the
granting of this exception will not be detrimental to the public welfare or property of other
persons within the vicinity.
C. The minor exception places suitable conditions on the property to protect
surrounding properties and does not permit uses which are not otherwise allowed in the zone;
The minor exception to reduce the lot size places suitable conditions on the property to
protect surrounding properties. The proposed project is for a two lot residential
subdivision, which is permitted in the Vel}' Low Density Residential zone. The minor
exception will allow a 1.20 percent lot size reduction, which will not allow uses that are
not otherwise allowed in the zone.
Section 6. Environmental Compliance. The City of Temecula Director of Planning
hereby makes the following environmental findings and determinations in connection with the
approval of PA06-0206:
A. Pursuant to California Environmental Quality Act (CEQA), City Staff prepared an
Initial Study of the potential environmental effects of the approval of the Tentative Parcel Map
(TPM 34699) and Minor Exception as described in the Initial Study (the "Project"). Based upon
the findings contained in that Study, City staff determined that there was no substantial
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evidence that the Project could have a significant effect on the environment and a Negative
Declaration was prepared.The proposed development occurs within city limits on a project site
that is less than five acres and substantially surrounded by urban uses.
B. Therefore, City staff provided public notice of the public comment period and of
the intent to adopt the Negative Declaration as required by law. The public comment period
commenced on March 15, 2007, and expired on April 4, 2007. Copies of the documents have
been available for public review and inspection at the offices of the Planning Department,
located at City Hall, 43200 Business Park Drive, Temecula, California 92589.
C.
hearing.
As of March 22, 2007, no written comments had been received prior to the public
D. The Planning Director has reviewed the Negative Declaration prior to and at the
April 5, 2007 public hearing, and based on the whole record before it, finds that: (1) the
Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial
evidence that the Project will have a significant effect on the environment; and (3) the Negative
Declaration reflects the independent judgment and analysis of the Planning Director.
E. Based on the findings set forth in this Resolution, the Planning Director hereby
adopts the Negative Declaration prepared for the Project. The Planning Director is authorized
and directed to file a Notice of Determination in accordance with CEQA.
Section 7. Conditions. That the City of Temecula Director of Planning hereby
approves Planning Application No. PA06-0206, Tentative Parcel Map No. 34699 and a Minor
Exception for a reduction in the required lot size, as set forth on Exhibit A, attached hereto, and
incorporated herein by this reference
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Section 8. PASSED, APPROVED AND ADOPTED by the City of Temecula Director
of Planning this 5th day of April, 2007.
~.;t' ~]/G
I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that
DH Resolution No. 07-003 was duly and regularly adopted by the Director of Planning of the
City of Temecula at a regular meeting thereof held on the 5th day of April, 2007.
~~~
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA06-0206 (Tentative Parcel Map No. 34699)
Project Description:
A Tentative Parcel Map with a Final Map Waiver to
subdivide a 4.97 acre parcel into one 2.50 acre lot and
one 2.47 acre lot, and a Minor Exception for a 1.20
percent reduction of the required lot size from 2.50 acres
to 2.47 acres.
Assessor's Parcel No.:
922-180-009
Approval Date:
Residential (Less than 8.0 DU)
Residential (Detached)
Residential (Single Family)
April 5, 2007
MSHCP Category:
DIF Category:
TUMF Category:
Expiration Date:
April 5, 2010
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 One Thousand Eight
Hundred Sixty-Four Dollars ($1,864.00) which includes the One Thousand Eight Hundred
Dollar ($1,800.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-
Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of
Determination for the Mitigated or Negative Declaration required under Public Resources
Code Section 21152 and California Code of Regulations Section 15075. 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 return one signed set to the Planning Department for
their files.
3. 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.
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 applicant shall comply with the Biological Report dated February 8,2007, on file with the
Planning Department.
Fire Prevention
6. Any previous existing conditions for this project or any underlying map will remain in full force
and effect unless superseded by more stringent requirements here.
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PRIOR TO ISSUANCE OF GRADING PERMITS
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Fire Prevention
7. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-
de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial.
(CFC 902.2.2.3, CFC 902.2.2.4)
8. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty (20) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six
(6) inches. (CFC 902.2.2.1)
9. 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)
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PRIOR TO ISSUANCE OF BUILDING PERMITS
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Planning
10. A Certificate of Land Division Compliance (COC) shall be recorded to legalize this approval,
since a Final Map Waiver has been approved.
Fire Prevention
11. Prior to building permit or 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)
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)
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PRIOR TO ISSUANCE OF OCCUPANCY PERMITS
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B
Fire Prevention
13. Prior to Occupancy and 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)
14. Prior to issuance of Occupancy 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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.
OUTSIDE AGENCIES
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i
16. The applicant shall comply with the recommendations set forth in the County of Riverside
Department of Environmental Health's transmittal August 22, 2006, a copy of which is
attached.
17. The applicant shall comply with the recommendations set forth in the Rancho California
Water District's transmittal July 26,2006, a copy of which is attached.
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 Signature
Date
Applicant's Printed Name
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@
Bancha
later
Boord of Directors
Ben R. Drake
President
Stephen J. Corona
Sr. Vice President
Ralph H. Daily
Lisa D. Herman
John E. Hoagland
Michael R. McMillan
William E. Plummer
Officers:
Brian: J. Brady
General Manager
Phillip L.Forbes
Assistant General Manager I
Chief Financial Officer
E. P. "Bob~ Lemons
Director of Engineering
Perry R. Louck
Director of Planning
Jeff D. Armstrong
Controller
Kelli E. Garcia
OistrictSocretary
C. Michael Cowett
Best Best & Krieger LLP
General Counsel
July 26,2006
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Dana Schuma, Project Planner
City of Temecula
Planning Department
Post Office Box 9033
Temecula, CA 92589-9033
SUBJECT: WATER A V 1\lLABILITY
TENTATIVE PARCEL MAP NO. 34699
LOT NO. 69 OF TRACT MAP NO. 3552
APN 922-180-009; CITY PROJECT NO. PA06-0206
[JEFFREY TOMASZEWSKI]
Dear Ms. Schuma:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD). Water service,
therefore, would be available upon construction of any required on-site and/or off-
site water facilities and the completion of financial arrangements between RCWD
and the property owner.
If fire protection is required, the customer will need to contact RCWD for fees and
requirements.
Water availability would be contingent upon the property owner signing an
Agency Agreement that assigns water management rights, if any, to RCWD.
If you should have any questions, please contact an Engineering Services
. Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DIST CT
~dOh7!)
Michael G. Meyerpeter, P.E.
Acting Development Engineering Manager
cc: . Laurie Williams, Engineering Services Supervisor
06\MM:at250\FEG
Rancho California Water District
42135 Winchestef Road- Post OffiooBox 9017 - Temecula, California 92589-9017 - (951) 296-6900 - FAX (951) 296-6860
ucOUNTY OF RIVERSIDE . HEALTH SERVICES AGENCY 0
DEPARTMENT OF ENVIRONMENTAL HEALTH
August 22, 2006
, '. "Os fi'V. ["'" ril i.\li ,
,.C-i\< lS ~g U '\-./ L>:.
\n1 AUG 25 2006
City of Temecula
Planning Department
P. O. Box 9033
Temecula, CA 92589-9033
By '0 -rt~~'
PI1!.omll1g ep", ....~'"
RE: TENTATIVE PARCEL MAP NO. 34699 (2 LOTS)
To Whom It May Concern:
This Department will pennit domestic sewage disposal from the individual lots at this subdivision as per a
percolation report by the Soils Company dated May 3, 2006. For each 100 gallons of septic tank capacity, 120
sq.ft. of bottom area ofleach line only is required.
When grading is required, the soils engineer must asswne theoretical cuts, fills, compaction, etc., and perform the
tests and borings at the necessary subsurface sewage disposal system depths. PRIOR TO ANYGRADING, the
soils engineer must provide a grading plan for review and approval which shall include and address the following:
a) The proposed cuts and/or fills in the areas of subsurface sewage disposal system.
b) The sewage system and it's 100% expansion area, placed in natural undisturbed soil.
c) The elevation of the individual building pads in reference to the elevation of the disposal system.
On those projects where the grading plans are prepared by other than the person preparing the soils feasibility
report, a statement must be included on the grading plan submitted for review and approval with
the soils engineer's signature and seal as to the appropriateness of the grading with regard to the conclusions
and recommendations set forth in the soils engineer's feasibility report. If the final grading exceeds the soils
engineer's estimate by more than two feet, additional reports may be required.
At the completion of final grading, or prior to any construction, the soils engineer of record shaI1 review all
subsurface sewage disposal data to include previous soils feasibility reports and confirm with his ,signature and
seal on the final grading plan, that the previous design parameters have been adhered to and that the
subsurfuce sewage disposal systems recommendations remain valid with regard to previous requirement
details for each sewage disposal system.
A copy of the final grading plan, on a scale not smaller than 1';=40' maximwn with detailed subsurfuce sewage
disposal data to include 100% expansion, shall be submitted for review and approval
Local Enforcement Agency. P.O. Box 1280, Riverslde~ CA 92502~1280 _. (909) 955.8982 . FAX {909} 781-9653 . 4080 Lemon Street, 9th Floor, RiversIde, CA 92501
r "'....f JI..,,,, and W""tc:>r Fnninp'prino . PO Box 1206. Riverside. CA 92502-1206 . (909) 955-8980 . FAX.(909) '955-8903 . 4080 Lemon Street, 2nd Roar, Riverside, CA 92501
August 22, 2006
Page 2
The size of the septic tank and eflluent disposal area shall be determined based upon the bedrooms or number of
waste fixtures of each individual lot. There shall be an unoccupied area on each lot where sewage disposal, as
required above, may be installed in conformance with the current Uniform Plumbing Code and Department of
Environmental Health Technical Manual. There shall be an additional unoccupied area equal to 100 percent of
the above required sewage disposal systems for sewage disposal installation in case offailure. However, sewage
disposal systems are considered temporary and if sewage lines of a sewer district become available, connection to
the system should be made at that time.
Sincerely,
(951) 955-8980
2