HomeMy WebLinkAbout07_009 DH Resolution
DH RESOLUTION NO. 07-009
A RESOLUTION OF THE PLANNING DIRECTOR OF THE
CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA07-0187, TENTATIVE PARCEL
MAP NO. 33493 WITH A FINAL MAP WAIVER TO
ESTABLISH 5 SERVICE COMMERCIAL CONDOMINIUM
UNITS ON A 1.54 GROSS ACRE LOT, LOCATED ON THE
SOUTHWEST CORNER OF MADISON AVENUE AND
BUECKING DRIVE (APN: 910-272-013)
Section 1. Procedural Findinqs. The Planning Director of the City of Temecula
does hereby find, determine and declare that:
A. On June 21, 2007, Mr. Hector Correa representing HLC Civil Engineering
filed Planning Application No. PA07-0187, a Tentative Parcel Map with a final map
waiver for condominium purposes, in a manner in accord with the City of Temecula
General Plan, Development Code and Subdivision Ordinance.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Director, at a regular meeting, considered the Application
and environmental review on August 30, 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.
D. At the conclusion of the Director's Hearing and after due consideration of
the testimony, the Planning Director approved Planning Application No. PA07-0187
subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PA07-0187 conformed to the City of Temecula's General Plan and
Development Code, and Subdivision Ordinance.
Section 2. Further Findinqs. The Planning Director, in approving the Planning
Application No. PA07-0187 hereby makes the following findings as required by Section
16.09.140 of the Temecula Subdivision Ordinance:
Tentative Parcel Map (Temecula Subdivision Ordinance Section 16.09.140)
A. The proposed subdivision and the design and improvements of the
subdivision are consistent with the Development Code, General Plan and City of
Temecula Municipal Code;
Staff has reviewed the proposal has determined that Tentative Parcel Map No.
33493 has been designed in a manner that is consistent with the General Plan,
the Subdivision Ordinance, the Development Code, and the Municipal Code.
The project meets all development and design standards as required in the
General Plan, Subdivision Ordinance, Development Code and the Municipal
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Code. The project involves creating five for ownership condominium units in an
existing service commercial building, and does not require any additional
improvements or changes in the original project design.
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 subject parcel does not propose to divide land which is subject to a contract
entered into pursuant to the Califomia Land Conservation Act of 1965. The
subject property has not been designated for conservation or agricultural land,
and is not subject to the California Land Conservation Act of 1965. The proposed
map will create five air-space condominium "units" to be individually owned within
a previously approved service commercial 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 service commercial land uses, which is consistent with the
General Plan and Development Code. Furthermore, the Planning Commission
approved a Development Plan (PA05-0100) for the building associated with this
project on August 17, 2005. The proposed Tentative Parcel Map would create
five ownership "air-space" units consistent with the layout of 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. No additional development, street improvements or site
improvements are required as a result of this project. No physical changes to the
site will occur as a result of this project.
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 building, parking lot, roadways and infrastructure currently exists and no
additional improvements or construction will occur as a result of this project. The
proposed project will not change the layout of the site or building as it currently
exists, but will create for-ownership condominium units. The proposed Tentative
Parcel Map is eligible for a Categorical Exemption (Class 1 - Existing Facilities)
pursuant to Section 15301 of the California Environmental Quality Act. A
Categorical Exemption (Class 32 - In-fill projects) pursuant to section 15332 of
the California Environmental Quality Act was also adopted for the approved
Development Plan (PA05-0100). No impacts are anticipated from the creation of
the proposed condominium units that will be established as a result of this
project.
E. The design of the subdivision and the type of improvements are not likely
to cause serious public health problems;
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The design of the subdivision is consistent with the floor plan that was approved
as a part of the Development Plan for PA05-0100. The project will create five for
, ownership condominium units within the building that currently exists on-site.
The project will not require any additional construction or any on or off-site
improvements, therefore no public health problems are anticipated as a result of
this project.
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 (PA05-0100) was approved by the Planning Commission on
August 17, 2005. The Development Plan was conditioned to require that prior to
the issuance of building permits, and prior to any construction, that the applicant
submit building plans to the City of Temecula Building Department. These plans
required that the project comply with all applicable Uniform Building Codes,
which also included requirements for energy conservation. To the extent
feasible, the Development Plan and building plans have been designed to allow
for future passive or natural heating or cooling opportunities. The building
currently exists on-site, and 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;
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. All required rights-of-way and easements have
been provided on the Tentative Parcel Map. The City has reviewed these
easements and has found no potential conflicts. No construction or additional
improvements will be required as a result ofthis project.
H. The subdivision is consistent with the City's parkland dedication
requirements and is consistent with the Quimby Act;
This is a map for non-residential use and will not be subject to Quimby fees.
Section 3. Environmental Findinqs. The Director of Planning hereby make the
following environmental findings and determinations in connection with the approval of
the Tentative Parcel Map application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15301, Class 1 Existing Facilities).
Section 4. Conditions. That Planning Director of the City of Temecula hereby
approves Planning Application No. PA07-0187, Tentative Parcel Map No. 33493 with a
Final Map Waiver to establish five service commercial condominium lots on a 1.54
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gross area lot, located on the southwest corner of Madison Avenue and Bueking Drive,
subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and
incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED by the Planning Director of
this 30th day of August 2007.
Patrick Richardson, Principal Planner
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby
certify that DH Resolution No. 07-009 was duly and regularly adopted by the Director of
Planning of the City of Temecula at a regular meeting thereof held on the 30thday of
August 2007.
~
Secretary
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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.: PA07-0187
Project Description:
Tentative Parcel Map No. 33493 with a Final Map Waiver
for condominium purposes to establish a total of five
service commercial condominium units on an existing
lot totaling 1.54 gross acres, located on the southwest
corner of Madison Avenue and Bueking Drive
Assessor's Parcel No.:
910-272-013
MSHCP Category:
Commercial
DIF Category:
Office
TUMF Category:
Service Commercial/Office
Approval Date:
Expiration Date:
August 30, 2007
August 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 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 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. All conditions for previous approvals (PA05-0100) affecting the subject property shall be
completed unless otherwise amended by this approval.
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 prior to the
recordation of the Certificate of Compliance:
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.
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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.
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OUTSIDE AGENCIES
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8. The applicant shall comply with the recommendations set forth in the attached County of
Riverside Department of Environmental Health correspondence dated April 3, 2007,
9. The applicant shall comply with the recommendations set forth in the Eastem Municipal
Water District's correspondence dated March 27. 2007. a copy of which is attached.
10. The applicant shall comply with the recommendations set forth in the Rancho Califomia
Water District's correspondence dated March 16, 2007, 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's Signature
Date
Applicant's Printed Name
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Ci
COUN.'. OF RIVERSIDE COMMUNITY HEALT._ AGENCY
DEPARTMENT OF ENVIRONMENTAL HEALTH
ENVIRONMENTAL RESOURCES MANAGEMENT
. DATE: . '1hh?- PARCELS/LOTS: /hh t.J'r1,It'~f
RE: SUBDlVIloI NO. .....- ZONING: Y qtit~ ~a.l\
PARCEL MAP NO. ~~tf1 Z- MAP SCHEDULE:
MOBILEHOME, T.T., R.V., PARK - OTHER:
THE COUNTY OF RIVERSIDE DEPARTMENT OF ENVIRONMENTAL HEALTIl APPROVES:
1. DOMESTIC WATER:
M' THE ~'...l WATER DISTRICT HAS AGREED IN WRITING TO ~SIVD,.Qlv1ESTIC
<\ WATER TO EACH AND EVERY LOT WITHIN TIllS SUBDIVISION AS PER LETIER DATED ~rO r- .
o AN ACCEPTABLE WATER SUPPLY PERMIT APPLICATION IS ON FILE WITH TIllS DEPARTMENT TO FORM THE
WATER COMPANY.
o NO WATER SYSTEM IS PROVIDED FOR TIllS LAND DIVISION.
(CLASS e. CLASS 0; OTHER SUBDIVISION .)
o INDIVIDUAL WELL(S)
2. DOMESTIC SEWAGE DISPOSAL~~
IlrCONNECI10N TO ~ ,f",.,~ W~
SEWER SYSTEM AS PER LETIER DATED '? /;J-I/" ~ .
I I
o A. SEPTIC TANKS WITH: SOILS FEASmILITY TEST BY
JOBIPROJECT # DATED
o B, SEPTIC TANKS WITH: WESTERN/EASTERN RNERSIDE COUNTY AREA SOIL SURVEY MAP BOOK,
1. LEACH LINES WITH
SQ, FEET OF BOTIOM AREAllOO GALLONS OF SEPTIC TANK CAPACITY,
2. SEEPAGE PITS WITH GAUSQ, FrIDAY OR
PER 100 GALLONS OF SEPTIC TANK CAPACITY.
VERT, Ff, (5' DIA,)
VERT. Fr. (6' DIA.)
o e. DRY SEWERS SHALL BE INSTALLED FOR TIllS PROJECT (SEe. 12.1. ART XII, ORD, 460,105)
o D. APPROVED RECLAIMED WATER WILL BE UTILIZED AT THIS DEVELOPMENT.
3. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
REGION: APPROVAL LETTER DATED INlTIALIFINAL CLEARANCE.
4. SUPPLEMENTAL WATER/SEWER DATA
o REQillRED
REMARKS:
~_.. -, _........ ...' ..
Board of Directors
President
Randy A. Record
, Vice President
David 1. Slawson
Treasurer
Joseph 1. Kuebler. CPA
Rodger D. Siems
Ronald W. Sullivan
Board Secretary
Rosemarie V. Howell
General Manager
Anthony J. Pack
Director of the
Metropolitan Water
District of So. Calif.
Randy A. Record
Legal Counsel
Redwine and Sherrill
March 27, 2007
City of Temecula
Planning Department
PO Box 9033
Temecula, CA 92589
Dear Colleague:
Re: SAN53 - Sewer Will Serve
Parcel Map 33493 commercial building approximately 20,000 sq ft located
at the southwest cOmer of Bueking Dr and Madison Ave in Temecula
EMWD is willing to provide sewer service to the subject project. The
provisions of service are contingent upon the developer completing the
necessary arrangements in accordance with EMWD rules and regulations.
EMWD expects the developer to provide proper notification when a water
demand assessment is required pursuant to Senate Bill 221 and/or 610.
EMWD expects the developer to coordinate with the approving agency for the
proper notification. Further arrangements for the service from EMWD may also
include plan check, f~cility construction, inspection, jurisdictional annexation
and payment of finanCial participation charges. The developer is advised to
contact EMWD's New Business Development Department early in the
entitlement process to determine the necessary arrangements for service, and
to receive direction on the preparation of a facility Plan-of-Service, which is
required prior to final engineering.
EMWD's ability to serve is subject to limiting conditions, such. as regulatory
requirements, legal issues, or conditions beyond EtvtWD's control.
Thank you for your cooperation in serving our mutual customers. If you have
any questions, please call me at (951) 928-3777, ext. 4447.
Sincerely,
'7 .,Xl ~;>'.'~
Fred Azimie
Civil Engineering Associate II
New Business Development
FNbd
cc: HCL Civil Engineering
. Mailing Address: Post Office Box 8300 Perris, CA 92572-8300 Telephone: (951) 928-3777 Fax: (951) 928-6177
Location: 2270 Trumble Road Perris, CA 92570 Internet: www,emwd,ofe .
-
@
Iada
'*
Board of Directors
Stephen J. C4l"ODft
President
William E. Plummer
Sr. Vu:e President
Ralph H. Daily
Bell R. Dnlke
Lisa D. BenD8D
John E. Hoagland
Michael R. McMillan
Officers;
Brian J. Brady
General Manager
Phillip L. Forbes
Assistant General Mannger J
Chief Financial Officer
Eo P. "Bob" Lemons
DirectoroCEngineerillg
PetTY R. Luuck
Director oC Planning
Jeffrey D. Armstrong
Controller
Kelli E. Garcia
District Secre~ry
C. Michael Cowett
Bm Best &; Krieger LLP
GenernlCounsel
March 16, 2007
Case Planner
City of Temecula
Planning Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
SUBJECf: WATER AVAILABILITY
TENATIVE PARCEL NO.1 OF TENTATIVE PARCEL MAP
NO. 33493; PARCEL NO. 13 OF PARCEL MAP NO. 23561-1
APN 910-272-013 [MSS PROPERTIES]
To Whom It May Concern:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD), and fronts an existing
12-inch diameter potable water pipeline within Buecking Drive and Madison
Avenue and a 20-inch reclaimed water pipeline within Buecking Drive. Water
service, therefore, would be available upon the completion of financial
arrangements between RCWD and the property owner. If new facilities are
required for fire protection or other purposes, the customer will need to contact
RCWD for fees and requirements.
The subject property will be required to use recycled water for all landscape
irrigation, which should be noted as a condition for any subsequent development
plans. Recycled water service, therefore, would be available upon construction of
any required on-site and/or off-site recycled water facilities and the completion of
financial arrangements between RCWD and the property owner. Requirements
for the use of recycled water are available from RCWD.
In addition, water availability is contingent upon the property owner signing an
Agency Agreement that assigns water management rights, if any, to RCWD.
Sanitary sewer service, if available, to the subject project would be provided by
the Eastern Municipal Water District.
If you should have any questions o~ need additional information, please contact an
Engineering Services Representative at this office at (951) 296-6900.
Sincerely,
W" WmRDffiTIUcr
Com Hart
Engineering Service Representative
cc: Laurie Williams, Engineering Service Supervisor
O7ICH:atOO3\FEG