HomeMy WebLinkAbout08_015 DH ResolutionDH RESOLUTION NO. 08-015
A RESOLUTION OF THE DIRECTOR OF PLANNING OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA07-0312, A TENTATIVE PARCEL
MAP NO. 35824 WITH FINAL MAP WAIVER FOR
CONDOMINIUM PURPOSES TO ESTABLISH TEN
SEPARATE COMMERCIAL CONDOMINIUMS WITHIN AN
EXISTING 20,396 SQUARE FOOT COMMERCIAL
BUILDING ON A 0.93 ACRE LOT, GENERALLY
LOCATED ON THE NORTH SIDE OF TEMECULA
PARKWAY AT RANCHO PUEBLO ROAD,
APPROXIMATELY 100 FEET WEST OF DONA LYNORA
(APN 959-070-028)
Section 1. Procedural Findings. The Director of Planning of the City of
Temecula does hereby find, determine and declare that:
A. On November 2, 2007 Hossien Zomorrodi of K&S Engineering filed
Planning Application No. PA07-0312, a Tentative Parcel Map Application 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 Director of Planning, at a regular meeting, considered the Application
and environmental review on September 4, 2008, 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 Director of Planning approved Planning Application No. PA07-0312
subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PA07-0312, conformed to the City of Temecula's General Plan
Development Code.
Section 2. Further Findings. The Director of Planning, in approving Planning
Application No. PA07-0312, 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 Development Code, General Plan and City of
Temecula Municipal Code;
Staff has reviewed the proposal and determined that Tentative Parcel Map No.
35824 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
G:\PLANNING\2007\PA07-0312 Rancho Pueblo TPM\Planning\DH resolution no.doc
General Plan, Subdivision Ordinance, Development Code and the Municipal
Code. The project involves creating ten ownership condominium units with a
common open space in an existing 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 California 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 ten air-space condominium "units" to be individually owned along
with an open space area within a previously approved commercial building on a
single parcel.
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 building 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, an Initial Study, Mitigated Negative Declaration and
Mitigation Monitoring Program were adopted for the approved Development Plan
(PA03-0233), which mitigate any potentially significant impacts for the site 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 is conditioned to
address their concerns. Further, provisions are made in the General Plan and
G:\PIANNING\20071PA07-0312 Rancho Pueblo TPM\Planning\DH resolution no.doc
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. The approved Development Plan (PA03-0233) was conditioned to
require that prior to the issuance of building permits, and prior to any
construction, that the applicant submits building plans to the City of Temecula
Building Department. These plans required that the project comply with all
applicable Uniform Building Codes. 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;
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.
H. The subdivision is consistent with the City's parkland dedication
requirements and is consistent with the Quimby Act;
This map does not include any residential units and therefore will not be subject
to Quimby fees.
Environmental Findings. The Director of Planning hereby makes 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 15315, Class 15 Minor Land Divisions).
The property is located in an urbanized area zoned for commercial use. The
division of the property will create ten ownership units for the building, but will
maintain only one parcel. The Tentative Parcel Map is in conformance with the
General Plan and PDO-6 zoning and no variances or exceptions are required.
All services and access to the site are available and the parcel was not involved
in a division of a larger parcel within the previous two years. Finally, the parcel
does not have an average slope greater than 20 percent.
G:\PLANNING12007\PA07-0312 Rancho Pueblo TPM\Planning\DH resolution no.doc
Section 3. Conditions. The Director of Planning of the City of Temecula
approves Planning Application No. PA07-0312, a Tentative Parcel Map No. 35824 with
Final Map Waiver for condominium purposes to establish ten separate commercial
condominiums within an existing 20,396 square foot commercial building on a 0.93 acre
lot, generally located on the riorth side of Temecula Parkway at Rancho Pueblo Road,
approximately 100 feet west of Dona Lynora, subject to the Conditions of Approval set
forth on Exhibit A, attached hereto, and incorporated herein by this reference.
Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula
Director of Planning this 4th day of September 2008.
Debbie Ubnoske, Director of Planning
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby
certify that the forgoing DH Resolution No. 08-015 was duly and regularly adopted by
the Director of Planning of the City of Temecula at a regular meeting thereof held on
the 4th day of September 2008.
v
Cynthia riccia, Secretary
G:\PIANNING\2007\PA07-0312 Rancho Pueblo TPM\Planning\DH resolution no.doc
EXHIBIT A
FINAL CONDITIONS OF APPROVAL
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ACCEPTANCE OF CONDITIONS OF APPROVAL
I, Hossien Zomorrodi, understand that Planning Application No. PA07-0312 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. 08-015 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, ~1u8ing any indem~ir if~ation requirements imposed by those conditions.
SIGNA
9 ~V od
DATE
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA07-0312
Project Description: Tentative Parcel Map No. 35824 with Final Map Waiver for
condominium purposes to establish ten separate commercial
condominiums within an existing 20,396 square foot commercial
building on a 0.93 acre lot, generally located on the north side of
Temecula Parkway at Rancho Pueblo Road, approximately 100 feet
west of Dona Lynora [APN 959-070-028]
Assessor's Parcel No.: 959-070-028
MSHCP Category: N/A
DIF Category: N/A
TUMF Category: N/A
Approval Date: September 4, 2008
Expiration Date: September 4, 2011
PLANNING DEPARTMENT
Within 48 Hours of the Approval of This Project
PL-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)).
PL-2. The applicant shall review and sign theAcceptance of Conditions ofApproval document
that will be provided by the Planning Department staff and return the document with an
original signature to the Planning Department.
General Requirements
PL-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 instrumentalitythereof, 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.
PL-4. The permittee shall obtain City approval for any modifications or revisions to the
approval of this project.
''=.'~.cr~r ~r ~^•' ° ~ " ". (Deleted at Director's Hearing 9/04/08).
PL-6. 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. An Extension of Time 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.
. (Deleted at Director's
Hearing 9/04/08).
PL-8. A Property Owners Association may not be terminated without prior City approval.
PL-g. A Certificate of Compliance shall be submitted, reviewed and approved by the City; and
shall be recorded to legalize this land division approval since a Final Map Waiver has
been approved.
PL-10. All conditions for previous approvals (PA03-0233) affecting the subject property shall be
completed unless otherwise amended by this approval.
PL-11. All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
Prior to Recordation of the Final Map
Bepa#a~ent-(Deleted at Director's Hearing 9104/08).
(Deleted at Director's
Hearing 9/04/08).
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Director's Hearing 9/04/08).
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Director's Hearing 9/04108).
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9/04/08).
appreval-(Deleted at Director's Hearing 9104/08).
(Deleted at Director's Hearing 9/04/08).
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OUTSIDE AGENCIES
PL-30. The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's transmittal dated March 27, 2008, a
copy of which is attached.
FIRE PREVENTION
General Requirements
Deleted at Director's Hearing
9/04/08).
., Fnme .,. 1L... i'.ne ..F 1. :Irl' L. M 'H ~ (Deleted at Director's Hearing
9/04108).
. (Deleted at Director's Hearing 9/04/08).
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Director's Hearing 9/04108).
Prior to Issuance of Building Permit(s)
F S Tku~ .~...,vi,. ..~.,u s ~~N s fw ..• . i ~
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Deleted at
Director's Hearing 9/04/08).
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Prior to Issuance of Certificate of Occupancy
. (Deleted at Director's Hearing 9104108).
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COUNTY OF RIVERSIDE • COMMUNITY HEALTH AGENCY
DEPARTn'IE1VT ®F E1Vt11R01v1~lENTAL HEALTH
MAR 3 12008
March 27, 2008
City of Temecula Planning Department
P.O. Box 9033
Temecula, CA 92589-9033
ATTN: Betsy Lowrey:
RE: PARCEL MAP NO. 35824, Parcel 5 of Parcel Map 30797„ in the City of
Temecula, County of Riverside, State of California, as per map recorded in Book 209
pages 69 and 70 of Parcel Maps, in the office of the County Recorder of said county.
(1 lot)
Deaz Betsy Lowrey:
1. The Department of Environmental Health has reviewed Parcel Map. No. 35824 and
recommends:
a. A water system shall be installed according to plans and specifications as
approved by the water company and the Environmental Health Department.
Permanent prints of the plans of the water system shall be submitted in triplicate,
with a minunum scale not less than one inch equals 200 feet, along with the
original drawing to the County Surveyor's Office. The prints shall show the
internal pipe diameter, location of valves and fire hydrants; pipe and joint
specifications, and the-size of the main at the junction of the new system to the
existing system. The plans shall comply in all respects with Div._5, Part 1,
Chapter 7 of the Califomia Health and Safety Code, California Administrative
Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities
Commission of the State of California, when applicable. -The plans shall be
signed by a registered engineer and water company with the following
certification: "I certify that the design of the water system in Pazcel Map No.
35824 is in accordance- with the water system expansion plans of the Rancho
California Water District and that the water services, storage, and distribution
system will be adequate to provide water service to such "Parcel Map". This
certification does not wnstitute a guazantee that it will supply water to such Pazcel
Map at any specific quantities, flows or pressures for fire protection or any other
purpose. This certification shall be signed by a responsible official of the water
company. The plans must be submitted to the County Surveyor's -Office to review
at least two weeks PRIOR to the request for the recordation of the final man. This
Department has no written verification of water service from Easterim Municipal
Water District.
'Local Enforcemeni:A3o~oY'• P.O. Box 1280, Riversidz~ CA 92502-1280 •. (951):955-8982 • FAX (951) 781-9653 • A080lemon Street, 9th Floor;Riverside, CA 92501 '
.r.,.;._.~ : • ~ nn o,.., innc a:.,.,...:d,.. re n~sne,~nn~. •. ~ocr ~ ou.aaan . cnx rosn ocs_ROn? • anRn 1: o,,,~a Stroor '2nd Annr. Rivecside_ GA 92501
Page Two
Attn: Betsy Lowrey
Mazch 27, 2008
2. This subdivision is within the Eastern Municipal Water District and shall be connected to
the sewers of the District. The sewer system shall be installed according to plans and
specifications as approved by the District, the County Surveyor's Office and the Health
Department. Permanent prints of the plans of the sewer system shall be submitted in
triplicate, along with the original drawing, to the County Surveyor's Office. The prints
shall show the internal pipe diameter, location of manholes, complete profiles, pipe and
joint specifications and the size of the sewers at the junction of the new system to the
existing system. A single plat indicating location of sewer lines and waterlines shall be a
portion of the sewage plans and profiles. The plans shall be singed by a registered
engineer and the sewer district with the following certification: "I certify that the design
of the sewer system in Tract Map No. 35824 is in accordance with the sewer system
expansion plans of the Eastern Municipal water District and that the waste disposal
system is adequate. at this time to treat the anticipated wastes from the proposed Parcel
Map". The plans must be submitted to the County Surveyor's Office to review at least
two weeks PRIOR to the request for the recordation of the final map. This Department
has no written verification of sewer service from Eastern Municipal Water District.
3. It will be necessary for financial arrangements to be completely finalized PRIOR to
recordation of the final map.
Sin
Gregor Dellenbach
Registered Environmental Health Specialist
RIVERSIDE
COMMUNITY
DFPARTMEIVT OF E~I(IIR0IVMENT.AL HEALT,FI
MAR 3 1 zo08
City of Temecula
Planning Department
c/o Betsy Lowrey
PO BOX 9033
Temecula, CA 92589-9033
27 March 20087
R$: PA07-0312
The Department of Environmental Health (DEH) has received and reviewed the PA07-
0312 for the Tentative Pazcel Map Application for condominium purposes for one
existing commercial building to be divided into 10 sepazate condos (Rancho Pueblo
Offices) located at the northeast corner of Temecula Parkway and Avenida de Missiones,
under the applicant: Zomorrodi Hossien.
The planning application statement gives the legal description as APN: 959,-070-028.
Water and seweravailability1etters from the purveyors shall be required and mylazs for
the improvement plans submitted to the City public works engineer for review and
approval PRIOR to recordation of the map. Any,pools or spas associated with this
project shall be compliant with the County of Riverside DEH. Please call Bonnie
Dierking, Supervising RES at 951.461.0284 within 24 hours of the City's receipt fax of
these conditions.
If you have any questions, please do not hesitate to call me at 951.600.6180
Sincerely,
Gregor
EHS073545
Local Enforcement Agency-• RO.~Boz 1280, Riverside,'CA 92502-1250 •-1951) 955-8952 FAX (951) 781-9653 • 4080 Lemon Street, 9th Flaor. Riverside, CA 92501
Ldnd'((ca.nnd~Whte. P olnearinti:•. PR Rnx 1206 Riversides CA.92K02-1206.• 79511 95.5-R9R0.• FAX !9511 955-890.? 4080 Lemon Street: 2nd Roor. Riverside: CA 92501