Loading...
HomeMy WebLinkAbout08_043 PC ResolutionPC RESOLUTION NO. 08-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0166, A MINOR MODIFICATION TO PLANNING APPLICATION NO. PA06-0193, MORNING RIDGE CONDOMINIUM CONVERSION TO REDUCE THE REQUIRED PRIVATE STORAGE SPACE PER UNIT TO ACCOMMODATE WASHER/DRYER UNITS ON PRIVATE PATIOS, LOCATED AT THE SOUTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MARGARITA ROAD (APN 944-220-003) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 29, 2007 the Planning Commission approved Planning Application No. PA06-0193, a Conditional Use Permit and Development-Plan to convert 200 apartment units into condominiums and PA06-0192 associated one-lot Tentative Tract Map No. 34907. B. On August 1, 2008, Sandra Parmley, on behalf of Battaglia Inc., filed Planning Application No. PA08-0166, Minor Modification Application in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on October 15, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA08-0166 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Development Plan (Code Section 17.05.01 OF) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State 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 will be converted to ownership condominium units. This modification involves a reduction in private storage space per unit to accommodate private washer and dryer units. The project conforms with the Subdivision Ordinance, Subdivision Map Act and Zoning Code, with the exception of the provision of the required private open space and private storage space. However, the project involves an as-built condition meeting the intent of the code and neither requirement represents a health and safety issue. 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. This modification does not involve any changes to the approved condominium (residential 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 is converting existing apartments into for sale residential condominiums. Adjacent uses include single family residences which is compatible. This modification does not involve any changes to the approved condominium (residential use). 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 and private storage space. Each unit 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 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. Each unit includes private storage space which ranges in size from 110 to 112 cubic feet, less than the required 150 cubic feet per unit. 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 and private storage space are 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 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. This modification does not involve any changes to the approved condominium (residential use). Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Minor Modification 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); 1. The Project involves a minor change to an approved conversion of 200 existing residential apartment units into for-sale condominium units. No expansion of use is proposed. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA08-0166, a Minor Modification to PA06-0193, Morning Ridge Condominium Conversion, to reduce the private storage space per unit to accommodate washer and dryer units on private patios, located at the southwest corner of Rancho California and Margarita Roads, 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 City of Temecula Planning Commission this 15th day of October 2008. la John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary `~ST&TE OF CALIFORNIA COUNTY' OF, RIVERSIDE OIT-YbF'TtMECULA -.e[SEALI )ss I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08-43 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of October 2008, by the following vote: AYES: 5 PLANNING COMMISSIONERS Carey, Chiniaeff, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: ABSENT: 0 PLANNING COMMISSIONERS: ABSTAIN: 0 PLANNING COMMISSIONERS: None None None Debbie Ubnoske, Secretary EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: /b - Z a-ei~ G DRIVE: /u - ZL-a(f PERMITS PLUS: b - Z t '4 INITIALS: PLANNER:/" wv1)/~& F D ECEOVED OCT22~ ACCEPTANCE OF CONDITIONS OF APPROVAL I, Richard Battaglia, understand that Planning Application No. PA08-0166 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in PC Resolution No. 08-43 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. SIGNATURE /0/"/0S DATE EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA08-0166 Project Description: A Minor Modification (Planning Review Only) to Planning Application No. PA06-0193, Morning Ridge Condo Conversion, to allow for a reduction in the required private storage space per unit to accommodate washer/dryer units on private patios. Assessor's Parcel No.: 944-220-003 Approval Date: October 15, 2008 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliverto 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 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. General Requirements PL-3. This project is subject to the conditions of approval for Planning Applications Nos. PA06-0192 and PA06-0193, unless modified herein.