HomeMy WebLinkAbout07_012 DH Resolution
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DH RESOLUTION NO. 07-012
A RESOLUTION OF THE PLANNING DIRECTOR OF THE
CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA06-0363, A TENTATIVE PARCEL
MAP WITH A FINAL MAP WAIVER (TM35319) TO
ESTABLISH SIX OFFICE CONDOMINIUM UNITS WITHIN
THE PARK PLACE OFFICE BUILDING LOCATED ON THE
SOUTH WEST CORNER OF WINCHESTER ROAD AND
DIAZ ROAD (APN: 909-310-001)
Section 1. Procedural Findinqs. The Planning Director of the City of Temecula
does hereby find, determine and declare that:
A. On December 5, 2006, Hossein Zomorrodi representing K&S Engineering
filed Planning Application No. PA06-0363 (Tentative Parcel Map for Condominium
Purposes) 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 Director, at a regular meeting, considered the Application
and environmental review on November 8, 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. PA 06-0363
subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PA 06-0363 conformed to the City of Temecula's General Plan and
Development Code (Subdivision, Development Agreement).
Section 2. Further Findinqs. The Planning Director, in approving the Planning
Application No. PA06-0363 hereby makes the following findings as required by Section
16.09.140 of the Temecula Subdivision Ordinance:
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;
Staff has reviewed the proposal and finds that Tentative Parcel Map No. 35319 is
consistent with the General Plan, the Subdivision Ordinance, and the Municipal
Code because the project meets all applicable design standards and
requirements.
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;
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The map does not divide land which is subject to a contract entered into pursuant
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 proposed development has already been reviewed and approved by City
Staff and the Planning Commission. The project proposes to split the building
into condominium units for separate ownership purposes.
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 in their habitat;
The proposed project will not subdivide any portions of land, there will be no
significant environmental damage caused as a result of the project.
E. The design of the subdivision and the type of improvements are not likely
to cause serious public health problems;
The building has been reviewed and commented on by the Fire Department and
the Department of Public Works. As a result, the project was 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. This 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
this site. To the extent feasible, the development plans and building plans allow
for future passive or natural heating or cooling opportunities. The proposed 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 area substantially equivalent to these previously acquired by the public will be
provided;
All required rights-of-way and easements have been provided on the
Development Plan for the West Pointe Business Center. The City has reviewed
and approved these easements and has found no potential conflicts.
H. The subdivision is consistent with the City's parkland dedication
requirements (Quimby);
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The Development Plan was conditioned to provide QUIMBY fees prior to
issuance of building permits.
Section 3. Environmental Compliance. In accordance with the California
Environmental Quality Act, the proposed project has been deemed to be Categorically
Exempt from further environmental review (Section 15316, Class 15 Minor Land
Divisions).
Section 4. Conditions. That Planning Director of the City of Temecula hereby
approves Planning Application No. PA06-0363, a Tentative Parcel Map with a Final Map
Waiver (PM 35319) to establish office condominium units on a 1.21 acre lot. The
proposed parcel map will result in six condominium units within the Park Place Office
building, for which Planning Commission approved a Development Plan (PA04-0472)
on February 8, 2005. The project is located at the south west corner of Winchester
Road and Diaz Road (APN: 909-310-001). This approval is subject to the Conditions of
Approval set forth on Exhibit A, attached hereto, and incorporated herein by this
reference.
Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of
the City of Temecula this 8th day of November 2007.
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Debbie Ubnoske, Director of Planning
I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify
that DH Resolution No. 07-012 was duly and regularly adopted by the Director of
Planning of the City of Temecula at a regular meeting thereof held on the 8th day of
November 2007.
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
SCANNED:
G DRIVE:
PERMITS PLUS:
INITIALS:
PLANNER:
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ACCEPTANCE OF CONDITIONS OF APPROVAL
I, Jan Harriman, understand that Planning Application No. PA06-0363 has been approved
with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of
Approval contained in DH Resolution No. 07-012 and understand them. Through signing
this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of
Temecula that I will implement and abide by the Conditions of Approval, including any
indemnification requirements imposed by those conditions.
SIGNA T:i \j
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DATE
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA06-0363
Project Description:
A Tentative Parcel Map with a Final Map Waiver (PM
35319) to establish office condominium units on a 1.21
acre lot which will result in six condominium units within
the Park Place Office building, for which Planning
Commission approved a Development Plan (PA04-0472)
on February 8, 2005, located at the southwest corner of
Winchester Road and Diaz Road
Assessor's Parcel No.:
909-310-001
MSHCP Category:
Industrial
DIF Category:
TUMF Category:
Office
Office
Approval Date:
November 8, 2007
Expiration Date:
November 8, 2010
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicanUdeveloper 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 applicanUdeveloper 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 review and sign the Acceptance of Conditions of Approval document
that will be provided by the Planning Department staff and return the document with an
original signature to the Planning Department.
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GENERAL REQUIREMENTS
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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 following shall be submitted to and approved by the Planning Department:
a. A copy of the Covenants, Conditions, and Restrictions (CC&R's):
i. CC&R's shall be reviewed and approved by the Planning Director. The
CC&R's shall include liability insurance and methods of maintaining open
space, recreation areas, parking areas, private roads, exterior of all buildings
and all landscaped and open areas including parkways.
ii. The CC&R's shall be prepared at the developer's sole cost and expense.
iii. The CC&R's 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 it's residents.
iv. The CC&R's 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&R's shall provide for the effective establishment, operation,
management, use, repair and maintenance of all common areas, drainage
and facilities.
vi. The CC&R's shall provide that the property shall be developed, operated
and maintained so as not to create a public nuisance.
vii. The CC&R's shall provide that the association may not be terminated
without prior City approval.
viii. The CC&R's shall provide that if the property is not maintained in the
condition required by the CC&R's, 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&R's 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.
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ix. Every owner of a suite or lot shall own as an appurtenance to such suite 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 owning
the common areas and facilities.
x. 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 prior to the issuance of building permits.
xi. Reciprocal access easements and maintenance agreements ensuring
access to all parcels and joint maintenance of all roads, drives or parking
areas shall be provided by the CC&R's or by deeds and shall be recorded
concurrent with the map or prior to the issuance of building permit where no
map is involved.
6. No lot or suite 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&R's, which shall include compulsory membership of all owners
of lots andlor suites and flexibility of assessments to meet changing costs of maintenance,
repairs, and services. Recorded CC&R's 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.
7. A Certificate of Compliance must be submitted to the Planning Department and approved
for compliance with Final Map Waiver requirements.
8. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Fire Prevention
9. All previous existing conditions for this project, Specific Plan, or Development Agreement
will remain in full force and effect unless superseded by more stringent requirements here.
10. 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.
11. The Fire Prevention Bureau is required to set a minimum fire fiow 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 4,000 GPM at 20 PSI residual operating
pressure with a 4 hour duration. The Fire Flow as given above has taken into account all
information as provided (CFC 903.2, Appendix III.A).
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12. 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 350 feet apart, at each intersection and shall be located no more than 210 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).
13. 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). This will include all internal
roads, connecting roads between phases, and construction gates. All required access must
be in and available prior to and during ALL construction.
14. 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).
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