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HomeMy WebLinkAbout07_030 PC Resolution PC RESOLUTION NO. 07-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0193, A DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT TO CONVERT 200 APARTMENT UNITS TO CONDOMINIUMS (MORNING RIDGE APARTMENTS) ASSOCIATED WITH PLANNING APPLICATION NO.PA06-0192, A TENTATIVE TRACT MAP TO CREATE A ONE-LOT RESIDENTIAL CONDOMINIUM, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MARGARITA ROAD (APN 944-220-003) Section 1. Procedural Findinqs. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 29, 2006, Sandra Parmley, filed Planning Application No. PA 06- 0193, Development Plan and Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code. 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 Commission, at a regular meeting, considered the Application and environmental review on August 29, 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 Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA06-0193 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findinqs. The Planning Commission, in approving the Application hereby finds, determines and declares that: Development Plan (Code Section 17.05.010Fl A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of Sate law and other ordinances of the City; The proposal is consistent with the land use designation and policies reflected for High Density (H) Residential development in the City of Temecula General Plan. The existing residential apartment complex would be converted to ownership condominium units under this proposal. The project conforms with the Subdivision Ordinance, Subdivision Map Act and Zoning Code. . 1 G:\Planning\2006\PA06-0193 Morning Ridge Condo Cony Multi Family Res Dev\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The proposed project is consistent with the development standards outlined in the City of Temecula Development Code. The proposed project has met the performance standards in regards to circulation, architectural design and site plan design. The project has been. reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Conditional Use Permit (Code Section 17.040.010E) A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposal for converting 200 existing residential units to condominium units is consistent with the land use designation and policies reflected for the High Density Residential (H) land use designation within in the City of Temecula's General Plan, as well as the development standards for the High Density Residential (H) zone of the City of Temecula Development Code. The site is, therefore, properly planned and zoned and found to be physically suitable for the proposed for-sale residential condominium use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed conditional use is compatible with adjacent land uses as defined in the General Plan. Staff has reviewed the proposed condominium use against the adjacent land uses and has determined that the proposed use will be consistent with the surrounding uses. The project will convert existing apartments into for sale residential condominiums. Adjacent uses include single family residences which is compatible. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood; Staff has reviewed the proposed project to determine consistency with the Development Code and has found that the project meets all of the applicable requirements with the exception of private open space. Each unit also includes private usable open space (porches or balconies) which range in size from 67 square feet to 72 square feet. All of the 200 units do not meet the Development 2 G:\Planning\2006\P A06-0 193 Morning Ridge Condo Conv Multi Family Res Dev\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc Code requirement for 150 square feet of private open space per unit. In order to compensate for this, staff has required the provision of additional on-site amenities as described above. With the additional amenities, staff does not believe this is an issue of concern since the proposal involves an as-built condition and the requirement for additional private open space is not a health and safety issue. As constructed and with the proposed amenities, the project meets the intent of the Development Code with regard to open space and providing for a positive quality of life. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; Staff has reviewed the proposed condominium use and found that it will not be detrimental to the health, safety, or general welfare of the community. Fire. Prevention has reviewed circulation and drive aisle widths and has determined that the site will able to be adequately served by the Fire Department in an emergency situation. Section 3. 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 15301 Class 1, Existing Facilities). Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA06-0193, a Conditional Use Permit and Multi- Family Residential Development Plan to convert 200 apartment units to condominiums, located at the southwest corner of Rancho California Road and Margarita Road (Morning Ridge Apartments) subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 3 G:\Planning\2006\PA06~OI93 Morning Ridge Condo Cony Multi Family Res Dev\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc , Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 29th day of August 2 7. , Chairman ATTEST: ~k)~~ ~ 5&- Debbie Ubnoske, Secretary [S~AL] .I .~ I ../~..J , , " f;'" . " STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 07-30 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 29th day of August 2007, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None 7)UAJ--t!: . U~ ~ Debbie Ubnoske, Secretary . 4 G:\Planning\2006\PA06-0193 Morning Ridge Condo Conv Multi Family Res Dev\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc , " EXHIBIT A FINAL CONDITIONS OF APPROVAL 5 G:\Planning\2006\PA06-0193 Morning Ridge Condo Conv Multi Family Res Dev\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA06-0193 Project Description: A Conditional Use Permit and Multi-Family Residential Development Plan application to convert 200 apartment units to condominiums located at 30660 Milky Way Drive and associated with a one-lot Tentative Tract Map (TTM 34907) under Planning Application No. PA06-0192 Assessor's Parcel No. 944-220-003 MSHCP Category: DIF Category: Exempt Residential Attached (for any new construction) TUMF Category: Not applicable (no additional residential units) Approval Date: August 29, 2007 Expiration Date: August 29, 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)). 2. The applicant shall sign' both copies ofthe .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. G:\Planning\2006\PA06-0193 Morning Ridge Condo Cony Multi Family Res DevlPlanninglflNAL COAs.doc 1 GENERAL REQUIREMENTS G:\Planning\2006IPA06-0193 Morning Ridge Condo Conv Multi Family Res DevlPlanninglflNAL COAs.doc 2 Planning Department 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 ofthe 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. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 5. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 6. The Director of Planning may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. 7. The development of the 'premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 8. Prior to the opening of the sales office, the applicant shall provide documentation that all recommendations in the Pest Report dated May 9, 2006 have been completed. 9. This approval is contingent upon the approval and recordation of Final Map for Tract No. 34907 (PA06-0192). . 10. The par course shall be modified to have a circular configuration (loop design). 11. The developer shall provide each purchaser with a copy of all Planning Department application submittals (physical elements report, pest report, soils report, statement of repairs, Declaration of CC&R's, and Department of Real Estate Budget) prior to said purchaser executing any purchase agreement or other contract to purchase a unit, and the developer shall give the purchaser sufficient time to review said information. Copies of said documents shall be made available at all times at the sales office and notice indicating availability of such reports shall be posted on-site. Copies of reports shall be provided to the Homeowners' Association upon its formation. G:\Planning\20061PA06-0193 Morning Ridge Condo Conv Multi Family Res DevlPlanninglflNAL COAs.doc 3 12. Prior to the opening of the sales office, the subdivider shall submit the following information to the Planning Department: a. Name, address and phone number of Homeowners' Association b. Actual sales price of units c. Actual Homeowners' Association fee d. Number of prior tenants who intend to purchase units e. Number of units purchased with intent to be used as rentals 13. Developer shall provide suitable alternative housing to tenant households at no additional cost to the tenant, whose unit undergoes substantial remodeling or rehabilitation during conversion, if the unit being remodeled or rehabilitated is not habitable. The final determination of habitability and suitability shall be made by the City of Temecula Department of Building and Safety. 14. All landscaping shall be restored as necessary and maintained in accordance with approved landscape plans. 15. 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. 16. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal; displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground; or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." 17. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. 18. All of the foregoing conditions shall be complied with prior to any use allowed by this permit. Building and Safety Department 19. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; G:\Planning\2006IPA06-o193 Morning Ridge Condo Cony Multi Family Res OevlPlannin91flNAL COAs.doc 4 California Adrninistrative Code, Title 24 Energy Code, California Title 24 Disabled Access . Regulations, and the Temecula Municipal Code. (For any proposed work as applicable to conversion). 20. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other. outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. (For any proposed work as applicable to conversion). 21. Prior to the approval of the final map, a physical inspection of the project site, including each individual unit, shall be made by the City Building and Safety Department and Planning Department. Such inspection shall be made to ensure compliance with all applicable Conditions of Approval as specified in the Tentative Map and Conditional Use Permit approval, and shall include any work deemed to have been performed without a permit. All such corrections shall be made prior to the approval of the final or parcel map. The subdivider shall be responsible for the payment of any fees related to the inspection of the project: a. Health and Safety: Each bathroom in each living unit shall be provided with ground fault circuit interrupters. b. Smoke Detectors: Each living unit shall be provided with approved detectors of products of combustion other than heat, conforming to the latest code standards as adopted by the City. c. Maintenance of Fire Protection Svstems: All fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protective appliances shall be properly installed and maintained in an operable condition at all times. d. Shock Mountina of Mechanical Eauioment: All permanent mechanical equipment such as motors, comoressors, pumps, and compactors which is determined by the City to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Chief Building Official. e. Noise Standards: The structure shall conform to all interior and exterior sound transmission standards ofthe Uniform Building Code. In such cases where present standards cannot reasonably be met, the Planning Commission may require the applicant to notify potential buyers of the noise deficiency currently existing within these units. 22. Obtain all building plans and permit approvals prior to commencement of any construction work. For any proposed work as applicable to conversion. 23. Show all building setbacks. 24. Developments with Multi-tenant Buildings or Shell Buildings shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with Single User Buildings shall clearly show on the plans the location of a dedicated panel in place for the purpose of the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. G:IPlanning\20061PA06-0193 Morning Ridge Condo Conv Multi Family Res OevIPlanninglflNAL COAs.doc 5 25. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). (For any proposed work as applicable to conversion). 26. At Plan Review Submittal, provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. (For any proposed work as applicable to conversion). 27. At Plan Review Submittal, provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. (For any proposed work as applicable to conversion). Fire Prevention 28. 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. 29. The buildings will be required to be sprinklered. The fire sprinkler riser and fire alarm control panel need to be located in the same room. There needs to be 18-inches of clearance on both sides and the front of the fire sprinkler risers. Please show sprinkler riser room on plans. 30. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 PSI residual operating pressure for a 4-hour duration. The Fire Flow as given above has taken into account all information as provided (CFC 903.2, Appendix III-A) and Temecula Municipal Code 15.16.020). 31. 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). Community Services Department 32. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 33. The Applicant shall comply with the Public Art Ordinance. 34. All parkways, landscaping, recreational facilities, fencing and on site lighting shall be maintained by a maintenance association. 35. The CC&R's shall be reviewed and approved by TCSD. G:IPlanning12006IPA06-0193 Moming Ridge Condo Cony Multi FamUy Res DevlPlanning\f1NAl COAs.doc 6 PRIOR TO BUILDING PERMIT ISSUANCE G:\Planning\2006\PA06-0193 Morning Ridge Condo Cony Multi Family Res DevlPlanninglflNAL COAs.doc 7 Fire Prevention 36. All locations where structures are to be buill 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). . Building and Safety Department 37. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. . 38. Prior to Beginning Construction, a pre-construction meeting is required with the building inspector prior to the start of the building construction. Community Services Department 39. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction and demolition debris. G:\Planning\2006\PA06-0193 Moming Ridge Condo Cony Multi Family Res DevlPlanning\flNAL COAs.doc 8 PRIOR TO CERTIFICATE OF OCCUPANCY G:\Planning\2006\PA06'{)193 Morning Ridge Condo Conv Multi Family Res DevlPlanninglnNAL COAs.doc 9 Fire Prevention 40. "Blue Reflective Markers" shall be installed to identify fire hydrant locations (CFC 901.4.3). 41. Approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Multi-family residential shall have a minimum twelve (12) inches numbers on the building. Single family residences and multi-family residential units shall have four (4) inch letters and lor numbers, as approved by the Fire Prevention Bureau (CFC 901.4.4). 42. A directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location ofthe sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 43. 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). 44. 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). 45. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. Community Services Department 46. 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 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 t may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name G:\Plannin9\2006\PA06-D193 Morning Ridge Condo Cony Multi Family Res DevlPlannlnglnNAL COAs.doc 10