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HomeMy WebLinkAbout012909 DH AgendaAGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING JANUARY 29, 2009 1:30 PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Debbie Ubnoske, Director of Planning PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Planning Director on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number: PA06-0204 Project Type: Tentative Parcel Map Project Title: Halcon de Rojo Professional Offices Applicant: Jim Griffin Project Description: A Tentative Parcel Map for condominium purposes (TPM 34753) for the Halcon de Rojo Professional Offices Location: 425 feet east of Jedediah Smith Road north of Hwy 79 South within the Rancho Pueblo PDO Project Planner: Eric Jones Item No. 2 Project Number: PA08-0287 Project Type: Tentative Parcel Map Project Title: Dalton Warehouse Applicant: Hector Correa Project Description: A Tentative Parcel Map to merge six lots as associated with the Warehouse at Creekside Development Plan Location: 42081 Third Street Project Planner: Matt Peters/Cheryl Kitzerow STAFF REPORT - PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: January 29, 2009 PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application Number PA06-0204, A Tentative Parcel Map SUMMARY: for condominium purposes (TPM 34753) for the Halcon de Rojo Professional Offices located 425 feet east of Jedediah Smith Road, on the north side of Temecula Parkway within the Rancho Pueblo Planned Development Overlay (PDO-6) RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15315, Class 15, Minor Land Divisions PROJECT DATA SUMMARY Name of Applicant: Jim Griffin, Covenant Development General Plan PO (Professional Office) Designation: Zoning Designation: Planned Development Overlay 6 (Rancho Pueblo) Existing Conditions/ Land Use: Site: PDO-6/Vacant Parcel North: Very Low Residential (VL)/Existing Custom Homes South: Temecula Parkway/Planned Development Overlay 4 East: Professional Office(PO)/Vacant Lot West: Very Low Residential (VL)/Existing Custom Home Existing/Proposed Min/Max Allowable or Required Lot Area: 5.29 Acres N/A Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A GAPLANNING\2006\PA06-0204 Halcon de Rojo Condos TPIA Director's Hearing Documents\STAFF REPORT.doc 1 BACKGROUND SUMMARY Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The proposed Tentative Parcel Map will create 60 air-space condominium units, but will not create new lots or change the existing lot size. The 60 condominium units will be distributed evenly amongst three recently approved professional office buildings. The proposed Tentative Parcel Map will allow for individual ownership of these office suites. This project has been conditioned to implement all underlying Conditions of Approval as required by the Development Plan entitlement. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on January 17, 2009 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION 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 project is located within an urbanized area and will consist of one parcel that is in conformance with the General Plan and zoning requirements for the City of Temecula. No variances or exceptions are required for the project and all services and access to the proposed parcel is in conformance with local standards. The parcel has not been involved in a division of a larger parcel within the past two years and the parcel does not have an average slope greater than 20 percent. FINDINGS 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. 34753 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 Code. The project involves creating sixty ownership condominium units in a recently approved Development Plan. 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, or the land is subject to a Land Conservation Act Contract but the resulting parcels following divisions of the land will not be too small to sustain their agricultural use. G1PLANNING\2006\PA06-0204 Halcon de Rojo Condos TPMOrectors Hearing Documents\STAFF REPORT.doc 2 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 sixty air-space condominium "units" to be individually owned within a recently approved office building. 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 professional office land uses, which is consistent with the General Plan and Development Code. Furthermore, the Planning Commission approved a Development Plan (PA06-0205) for the buildings associated with this project on December 17, 2008. 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. Staff has determined that the proposed Tentative Parcel Map for condominium purposes remains consistent with the previously approved Mitigated Negative Declaration (MND) for the overall Rancho Pueblo Planned Development Overlay. Therefore, the project will not produce environmental impacts exceeding the thresholds anticipated in the original MND. 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 conditioned by all appropriate departments to ensure that it will not cause serious public health problems. 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 (PA06-0205) was approved by the Planning Commission on December 17, 2008. The Development Plan was conditioned to require that prior to the issuance of building permits, and prior to any construction, the applicant shall 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 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. GAPLANNING\2006\PA06-0204 Halcon de Rojo Condos TPMOrector's Hearing Documents\STAFF REPORT.doc 3 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. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing G:\PLANNING\2006\PA06-0204 Halwn de Rojo Condos TPIOUrector's Hearing Documents\STAFF REPORT.doc 4 VICINITY MAP Project Site I 3a a ~GA~ EgREtfl p{¢_~ LL -~YHkkBR-+- 6Tx N I r a ,so wo z~ \ i ~ ` FeaY~~ PLAN REDUCTIONS i III i qq 6t pQ It is 3yy $$$$$t e~~ a @. gg @Y q4 ttj~ ]s t aa.. ¢yp99~jj~~gyyl yy ~pag~®Q[ 1x gg9~~Ag ggg~g@gaa?ak ~`p3k~~yt~~d~~~$ay~~'@ 4~Q ~~q.y ~ g•g td i93 ~ ~ ~7~~~~~~a op hi ~ _ yf P gg EE g'E B at zg ig ~Y~g~gg~g3ya ~ ~ y ~ gei goy zy8 sA 5 $ dy i ae $5[e ee Mot w~~ ggygp ill a$ aS pap_.g~g m qtigO ~8~iQ i ~z$~SY 444 Y ~ U ~ f y O 9g Y' W U t/1 ~ ~ LIJ J Q V nn< Lij 2 U) l~ V / § F [ 3 co O in a. v ir ~m W" W co Ze ~ 5€ z 2CO) ~ Z o z ~i CY g x 3.W. , y 3< J O w z° c Z° Y~ c = a O w U ` Z S m< a; 0 : `w r ~ Y ~3 ey N; Y C a~. y y e i ~x I 111TIII~Ix111 q a§ a R pp gg 5 pt y d y p a Au `Da c y5 99 !pqg£ @ ~Q$i l" 9y, @ aW I @~a= 3 0 a BC_ 8 ~ DpFa''6 Ro\ N ~ B L$ 2 d i E a a fi& E: I< f o ~ d? 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PA06-0204, A TENTATIVE PARCEL MAP FOR CONDOMINIUM PURPOSES (TPM 34753) FOR THE HALCON DE ROJO PROFESSIONAL OFFICES LOCATED 425 FEET EAST OF JEDEDIAH SMITH ROAD, ON THE NORTH SIDE OF TEMECULA PARKWAY WITHIN THE RANCHO PUEBLO PLANNED DEVELOPMENT OVERLAY (PDO-6) . Section 1. Procedural Findings. The Director of Planning of the City of Temecula does hereby find, determine and declare that: A. On July 31, 2006, Jim Griffin , filed Planning Application No. PA06-0204 a Tentative Tract 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 January 29, 2009, 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. PA06-0204 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA06-0204, conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Director of Planning, in approving Planning Application No. PA06-0204, hereby makes the following findings as required by Section 16.09.140 Findings of Approval of Tentative Maps. 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. 34753 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 Code. The project involves creating 60 ownership condominium units in a recently approved Development Plan. GAPLANNING\2006\PA06-0204 Halcon de Rojo Condos TPM\Directors Hearing Documents\DH Resolution.doc 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, or the land is subject to a Land Conservation Act Contract but the resulting parcels following divisions of the land will not be too small to sustain their agricultural use; 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 sixty air-space condominium "units" to be individually owned within a recently approved office 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 professional office land uses, which is consistent with the General Plan and Development Code. Furthermore, the Planning Commission approved a Development Plan (PA06-0205) for the buildings associated with this project on December 17, 2008. 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; Staff has determined that the proposed Tentative Parcel Map for condominium purposes remains consistent with the previously approved Mitigated Negative Declaration (MND) for the overall Rancho Pueblo Planned Development Overlay. Therefore the project will not produce environmental impacts exceeding the thresholds anticipated in the original MND. 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 conditioned by all appropriate departments to ensure that it will not cause serious public health problems. 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 (PA06-0205) was approved by the Planning Commission on December 17, 2008. The Development Plan was conditioned to require that prior to the issuance of building permits, and prior to any construction, the applicant shall 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. G:\PLANNING\2006\PA06-0204 Halcon de Rojo Condos TPM\Director's Hearing Documents\DH Resolution.doc 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 . 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 Findings. The Director of Planning hereby makes the following environmental findings and determinations in connection with the approval of the Tentative Tract 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 project is located within an urbanized area and will consist of one parcel that is in conformance with the General Plan and zoning requirements for the City of Temecula. No variances or exceptions are required for the project and all services and access to the proposed parcel is in conformance with local standards. The parcel has not been involved in a division of a larger parcel within the past two years and the parcel does not have an average slope greater than twenty percent. Section 4. Conditions. The Director of Planning of the City of Temecula approves Planning Application No. PA06-0204, a Tentative Parcel Map (TPM 34753) for condominium purposes (TPM 34753) for the Halcon de Rojo Professional Offices, generally located 425 feet east of Jedediah Smith Road, on the north side of Temecula Parkway within the Rancho Pueblo Planned Development Overlay (PDO-6), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:\PLANNING\2006\PA06-0204 Halcon de Rojo Condos TPM\Director's Hearing Documents\DH Resolution.doc Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 29th day of January 2009 Debbie Ubnoske, Director of Planning I, Kathy Simpkins, Secretary of the Temecula. Director's Hearing, do hereby certify that the forgoing DH Resolution No. 09- was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 29th day of January 2009. Kathy Simpkins, Secretary GAPLANNINGt2006TA06-0204 Halcon de Rojo Condos TPM\Director's Hearing Docurnents\DH Resolution.doc EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA06-0204 Project Description: A Tentative Parcel Map for condominium purposes (TPM 34753) for the Halcon de Rojo Professional Offices located 425 feet east of Jedediah Smith Road, on the north side of Temecula Parkway within the Rancho Pueblo Planned Development Overlay (PDO-6) Assessor's Parcel No.: 959-060-007 MSHCP Category: Commercial DIF Category: Office TUMF Category: Class "B" Office Approval Date: January 29, 2009 Expiration Date: January 29, 2012 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 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. 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. PL-4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-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. PL-6. The Director of Planning may, upon an application being filed within 60 days prior to expiration, and for good cause, grant a time extension of up to 5 one-year extensions of time, one year at a time. PL-7. This project and all subsequent projects within this site shall be consistent with Planned Development Overlay No. 6, Rancho Pueblo. PL-8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-9. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Department a copy of a recorded Reciprocal Use Agreement, which provides for cross-lot access and parking across all lots. PL-10. The applicant shall comply with the Conditions of Approval for PA06-0205, unless superseded by these Conditions of Approval. PL-11. 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. OUTSIDE AGENCIES PL-12. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated August 2, 2006, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. FIRE PREVENTION F-1. 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. F-2. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B. The developer shall provide for this project, a looped water system with, two points of connection, 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 Appendix B and Temecula City Ordinance 15.16.020, Section R). F-3. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. A combination of on-site and off site 6" x 4" x 2-2'/z" outlets on a looped system shall be located on fire access roads and adjacent to 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 hydrants in the system (CFC Appendix C and Temecula City Ordinance 15.16.020, Section R). F-4. Fire apparatus access roads shall be designed and maintained to supportthe imposed loads of fire apparatus and shall be with a_surface to provide all-weather driving capabilities. Paved access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of.25 feet. In accordance with Section 1410. 1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). F-5. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). F-6. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5, Section 503.2.7. and City Ordinance 15.16.020 Section E). STAFF REPORT - PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: January 29, 2009 PREPARED BY: Matt Peters/Cheryl Kitzerow, Case Planner PROJECT Planning Application Number PA08-0287, a one-lot Tentative Parcel SUMMARY: Map (TPM No. 36055) to merge six lots as associated with the Warehouse at Creekside Development Plan (PA08-0115) located at 42081 Third Street in Old Town Temecula RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15332, Class 32 In-fill Development PROJECT DATA SUMMARY Name of Applicant: Hector Correa, HLC Engineering on behalf of Warehouse at Creekside, LLC General Plan Community Commercial (CC) Designation: Zoning Designation: Old Town Specific Plan Tourist Retail Core (TRC) Existing Conditions/ Land Use: Site: Disturbed, structures recently demolished, non-native landscaping North: Vacant (across Third St.) South: Parking Lot East: Vacant with Commercial beyond on Old Town Front St. West: Murrieta Creek, Open Space Existing Proposed Lot Area: 6 lots, 0.52 acres 1 lot, 0.51 acres BACKGROUND SUMMARY On August 20, 2008, the Planning Commission approved Planning Application No. PA08-0115 for a Conditional Use Permit and Development Plan to construct a 30,519 square foot, three- story mixed use project (ground floor restaurant/parking plus three stories residential). The project, known as The Warehouse at Creekside, includes 32 residential apartment units (mix of townhomes and lofts comprised of 19 low income and 13 moderate income units) and a 3,400 square foot restaurant. A Conditional Use Permit is required for the residential use. As a Condition of Approval for PA08-0115, the applicant was required to process a parcel merger GAPLANNING\2008\PA08-0287 Dalton Warehouse TPM\Planning\Director's Hearing\Dalton TPM - Staf Rept.doc 1 prior to the issuance of a building permit to avoid construction over lot lines. Because the project involves more than four parcels, a Tentative Parcel Map was required in lieu of the parcel merger. On December 22, 2008, the applicant submitted Planning Application No. PA08-0287, a one-lot Tentative Parcel Map to consolidate the existing six parcels, in order to proceed with the approved development. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The Tentative Parcel Map will merge six lots into one parcel containing 0.51 net acres at the end of 3rd Street adjacent to Murrieta Creek. The Tentative Parcel Map complies with all applicable development standards as specified in Table III-2 of the Old Town Specific Plan including minimum lot area, minimum lot frontage on a street, minimum lot width at required front setback area, and minimum lot width and depth. Staff has determined that the project is consistent with all applicable City plans, ordinances, standards, guidelines and policies. Therefore, Staff recommends that the Planning Director approve Planning Application No. PA08-0287, Tentative Parcel Map 36055. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on Saturday January 27, 2009 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION 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 Division). The proposed Tentative Parcel Map involves consolidating six existing lots into one lot on land zoned for mixed commercial and residential uses, consistent with the General plan and zoning. The site is located in the urban core of the City and all services and access to the proposed parcel are available. The site was not involved in a division of a larger parcel within the last two years and does not have an average slope greater than 20 percent. FINDINGS Section 16.09.140, Tentative Map 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 proposed map and finds that Tentative Parcel Map No. 36055 is consistent with the Subdivision Ordinance, Development Code, General Plan, Old town Specific Plan, and the City of Temecula Municipal Code. The Tentative Map does not divide land, which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. GAPLANNING\2008\PA08-0287 Dalton Warehouse TPM\Planning\Director's Hearing\Dalton TPM - Staf Rept.doc 2 The proposed map does not impact land designated for conservation or agricultural use. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The proposed map merges six parcels into one lotto accommodate an approved Development Plan, Warehouse at Creekside (PA08-0115), which is consistent with the General Plan, as well as the development standards for the Old Town Specific Plan zoning designation. 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 project consists of a parcel map on property designated for commercial uses, which is consistent with the General Plan, as well as the development standards for the Old Town Specific Plan zoning designation. In addition, a biological study was completed to evaluate the impacts of PA08-0115, a Development Plan for the Warehouse at Creekside, and concluded that no such impacts would result from this project. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed by the Fire, Public Works, Planning, and Building and Safety Departments. As a result, the project is consistent or has been conditioned to protect the health, safety, and welfare of the public. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The Tentative Parcel Map merges six lots into one in order to accommodate an approved Development Plan. Prior to the construction of commercial buildings, the applicant will be required to submit building plans to the Building and Safety Department that comply with the Uniform Building Code, which contains requirements for energy conservation. 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 are substantially equivalent to those previously acquired by the public will be provided. All acquired rights-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. The subdivision is consistent with the City's parkland dedication requirements (Quimby). Per the Conditions of Approval for the Development Plan (PA08-0115) on the subject site, Prior to Issuance of a Building Permit, the developer is required to satisfy the City's parkland dedication (Quimby) requirement through the payment of in-lieu fees equivalent to 0.39 acres of parkland, based upon the City's current land evaluation. GAPLANNING\2008\PA08-0287 Dalton Warehouse TPM\Planning\Director's Hearing\Dallon TPM • Staf Rept.doc 3 ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing G:\PLANNING\2008\PA08-0287 Dalton Warehouse TPM\Planning\Director's Hearing\Dalton TPM - Staf Rept.doc 4 VICINITY MAP 4 . 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I b' Sa! :p a s 9 ~"b x - as 3a " - E T. @ 9 IP N O m M e n <ffrv ~ <'rf J ~ W ~m Q;k ?~C 6 ~ r w r gg8pp1 y5 n p~ ~~a8<D~8 A~ = ay 9 x @q ig j } Y~~~ aA tC1DCYt ~~®ay Y 1 3 ba ° DH RESOLUTION DH RESOLUTION NO. 09- A RESOLUTION OF THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0287, A ONE-LOT TENTATIVE PARCEL MAP (TPM NO. 36055) TO MERGE SIX LOTS AS ASSOCIATED WITH THE WAREHOUSE AT CREEKSIDE DEVELOPMENT PLAN (PA08-0115) LOCATED AT 42081 THIRD STREET IN OLD TOWN TEMECULA (APN 922- 046-012) Section 1. Procedural Findings. The Director of Planning of the City of Temecula does hereby find, determine and declare that: A. On December 22, 2008, Hector Correa with HLC Engineering filed Planning Application No. PA08-0287, 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 January 29, 2009, 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. PA08-0287 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA08-0287, conformed to the City of Temecula's General Plan, Old Town Specific Plan, and Subdivision Ordinance. Section 2. Further Findings. The Director of Planning, in approving Planning Application No. PA08-0287, hereby makes the following findings as required by Section 16.09.140 of the Municipal Code. 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; Tentative Parcel Map No. 36055 is consistent with the Subdivision Ordinance, Development Code, General Plan, Old town Specific Plan, and the City of Temecula Municipal Code. 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; The proposed map does not impact land designated for conservation or agricultural use. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map; The proposed map merges six parcels into one lot to accommodate an approved Development Plan, Warehouse at Creekside (PA08-0115), which is consistent with the General Plan, as well as the development standards for the Old Town Specific Plan zoning designation. 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 project consists of a parcel map on property designated for commercial uses, which is consistent with the General Plan, as well as the development standards for the Old Town Specific Plan zoning designation. In addition, a biological study was completed to evaluate the impacts of PA08-0115, a Development Plan for the Warehouse at Creekside, and concluded that no such impacts would result from this project. 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 by the Fire, Public Works, Planning, and Building and Safety Departments. As a result, the project is consistent or has been conditioned to protect the health, safety, and welfare of the public. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; The Tentative Parcel Map merges six lots into one in order to accommodate an approved development plan. Prior to the construction of commercial buildings, the applicant will be required to submit building plans to the Building and Safety Department that comply with the Uniform Building Code, which contains requirements for energy conservation. 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 are substantially equivalent to those previously acquired by the public will be provided; All acquired rights-of-way and easements have been provided on the Tentative 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 (Quimby); Per the Conditions of Approval for the Development Plan (PA08-0115) on the subject site, Prior to Issuance of a Building Permit, the developer is required to satisfy the City's parkland dedication (Quimby) requirement through the payment of in-lieu fees equivalent to 0.39 acres of parkland, based upon the City's current land evaluation. Section 3. 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 Division). 1 The proposed Tentative Parcel Map involves consolidating six existing lots into one lot on land zoned for mixed commercial and residential uses, consistent with the General Plan and zoning. The site is located in the urban core of the City and all services and access to the proposed parcel are available. 2. The site was not involved in a division of a larger parcel within the last two years and does not have an average slope greater than 20 percent. Section 4. Conditions. The Director of Planning of the City of Temecula approves Planning Application No. PA08-0287, a one-lot Tentative Parcel Map (TPM No. 36055) to merge six lots as associated with the Warehouse at Creekside Development Plan (PA08-0115) located at 42081 Third Street in Old Town Temecula, 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 Director of Planning this 29th day of January 2009. Debbie Ubnoske, Director of Planning I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 09- was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 29th day of January 2009. Kathy Simpkins, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: ACCEPTANCE OF CONDITIONS OF APPROVAL I, Bill Dalton, understand that Planning Application No. PA08-0287 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. 09- 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 DATE `~pFTEAf* EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA08-0287 Project Description: A one-lot Tentative Parcel Map (TPM No. 36055) to merge six lots as associated with the Warehouse at Creekside Development Plan (PA08-0115) located at 42081 Third Street in Old Town Temecula Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT 922-046-012 Residential 14.0 DU or Greater (see PA08-0115) Residential/Retail (see PA08-0115) Low-Income Residential/Retail Commercial (see PA08-0115) January 29, 2009 January 29, 2012 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 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. 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. PL-4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-5. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town SP). PL-6. All existing conditions of approval shall remain in effect for Planning Application No. PA08-0115. PL-7. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Chapter 16 of the Municipal Code, 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. PL-8. A Homeowners Association may not be terminated without prior City approval. Prior to Recordation of the Final Map PL-9. A copy of the Final Map shall be submitted to and approved by the Planning Department. PL-10. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to and approved by the Planning Department with the following notes: a. This property is located within 30 miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. This project is within a 100-year Flood Hazard Zone. PL-11. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and approved by the Planning Director. The CC&Rs 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. PL-12. 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. PL-13. The CC&Rs shall be prepared at the developer's sole cost and expense. PL-14. The CC&Rs and Articles of Incorporation of the Property Owners 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. PL-15. The CC&Rs shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and facilities. PL-16. The CC&Rs shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. PL-17. The CC&Rs shall provide that the association may not be terminated without prior City approval. PL-18. 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. PL-19. Every owner of a suite or lot governed by CC&Rs 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. PL-20. All open areas and landscaping governed by CC&R 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 Departments prior to the issuance of building permits. PL-21. 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&Rs or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. PL-22. An Article must be added to every set of CC&Rs to read as follows: . Article CONSENT OF CITY OF TEMECULA _1. The Conditions of Approval of Tentative Tract Map Number 36055 requires the City to review and approve the CC&Rs for the Parcel. _2. Declarant acknowledges that the City has reviewed these CC&Rs and that its review is limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessment procedures, assessment enforcement, resolution of disputes or procedural matters. _3. In the event of a conflict between the Conditions of Approval of the land use entitlements issued by the City for the Parcel or Federal, State, or local laws, ordinances, and regulations and these CC&Rs, the provisions of the Conditions of Approval and Federal, State or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the CC&Rs. _4. These CC&Rs shall not be terminated, amended or otherwise modified without the express written consent of the Director of Planning of the City of Temecula. PL-23. An Article must be added to every set of CC&Rs, following the Declarant's signature, to read as follows: CONSENT OF CITY OF TEMECULA The Conditions of Approval for Tentative Tract Map No. 36055 require the City of Temecula to review and approve the CC&Rs for the Parcel. The City's review of these CC&Rs has been limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolutions of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the CC&Rs. Debbie Ubnoske Director of Planning Approved as to Form: Peter M. Thorson City Attorney PL-24. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. PL-25. Three copies of the final recorded CC&Rs shall be provided to the Planning Department. OUTSIDE AGENCIES PL-26. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated December 24, 2008, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. PL-27. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated December 29, 2008, a copy of which is attached. FIRE PREVENTION General Requirements F-1. 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. F-2. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix B. 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 Appendix B and Temecula City Ordinance 15.16.020, Section R). F-3. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. A combination of on-site and off-site (6" x 4" x 2-2'/2" outlets) on a looped system shall be located on fire access roads and adjacent to 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 Appendix C and Temecula City Ordinance 15.16.020, Section R). Prior to Issuance of Grading Permit(s) F-4. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet for commercial development with an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5, Section 503.2, 503.4 and Temecula City Ordinance 15.16.020 Section E). F-5. Fire apparatus access roads and driveways shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all- weather driving capabilities. Access roads shall be 80,000 lb. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5, Section 503.2.3 and Temecula City Ordinance 15.16.020 Section E). F-6. Dead end roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC Chapter 5, Section 503.2.5 and Temecula City Ordinance 15.16.020 Section E). Prior to Issuance of Building Permit(s) F-7. The developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 14, Section 1412 and Chapter 5, Section 501.3). Prior to Issuance of Certificate of Occupancy F-8. Hydrant locations shall be identified by the installation of reflective markers (blue dots per Temecula City Ordinance 15.16.020 Section E). PUBLIC WORKS DEPARTMENT General Requirements PW-1. The Department of Public Works recommends the following Conditions of Approval for this project. Unless otherwise noted, all conditions shall be completed by the developer at no cost to any Government Agency. PW-2. It is understood that the developer correctly shows on the Tentative Map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PW-3. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. PW-4. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. PW-5. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. PW-6. Prior to approval of the Final Map, unless other timing is indicated, the developer shall complete or have plans submitted and approved, subdivision improvement agreements executed and securities posted. PW-7. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: a. Riverside County Flood Control and Water Conservation District b. City of Temecula Fire Prevention Bureau c. Planning Department Department of Public Works Community Services District Southern California Edision Company Southern California Gas Company PW-8. The developer shall design and guarantee construction of the following public improvements outlined in these conditions to the City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works. PW-9. The final acceptance of Third Street improvements shall be prior to occupancy (General Local Street Standard No. 104-60' R/W) to include dedication of half-width street right- of-way plus twelve feet, installation of half-width street improvements plus twelve feet, paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). PW-10. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. PW-11. Unless otherwise approved, all criteria shall be observed in the design of the street improvement plans. PW-12. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. PW-13. Driveways shall conform to the applicable City Standard Number 207. PW-14. Streetlights shall be installed along the public streets and shall be designed in accordance with City Standards Number 800. PW-15. Concrete sidewalks shall be constructed in accordance with City Standard Number 400. PW-16. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. Install a barricade at the extension of the Westerly property line in Third Street. PW-17. All street and driveway centerline intersections shall be at 90 degrees. PW-18. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. PW-19. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City codes and the utility provider. PW-20. All utilities, except electrical lines rated 34kv or greater, shall be installed underground. PW-21. All intersections shall be perpendicular to 90 degrees. PW-22. Relinquish and waive right of access to and from Third Street on the Final Map with the exception of 1 opening(s) as delineated on the approved Tentative Parcel Map. PW-23. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. PW-24. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Final Map, the developer shall submit an application for reapportionment of any assessments with the appropriate regulatory agency. PW-25. Any delinquent property taxes shall be paid PW-26. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final Map to delineate identified environmental concerns and shall be filed with the Department of Public Works. PW-27. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. PW-28. A copy of the grading, and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to recordation of the Final Map or the issuance of any permit. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. PW-29. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. PW-30. A 24 foot easement shall be dedicated for public utilities and emergency vehicle access for all private streets and drives. PW-31. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the Final Map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the Final Map. A note shall be added to the Final Map stating "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permit(s) PW-32. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: c. San Diego Regional Water Quality Control Board d. Riverside County Flood Control and Water Conservation District e. Planning Department f. Department of Public Works g. Community Services District PW-33. A Grading Plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards and shall be approved by the Department of Public Works prior to the commencement of grading. The Grading Plan shall include all necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion. PW-34. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. PW-35. A Drainage Study shall be prepared by a registered civil engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of 100 years. PW-36. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. PW-37. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. PW-38. The developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works in accordance with Grading Ordinance Section 18.24.120. PW-39. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. PW-40. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. PW-41. The developer shall obtain letters of approval or easements for any off site work performed on adjoining properties. The letters or easements shall be in format as directed by the Department of Public Works. PW-42. The site is in an area identified on the Flood Insurance Rate Maps and is subject to flooding of undetermined depths. Prior to the approval of any plans, the developer shall comply with Chapter 15.12 of the Temecula Municipal Code. A Flood Plain Development Permit is required prior to issuance of any permit. Residential subdivisions shall obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA) prior to occupancy of any unit. Commercial subdivisions may obtain a LOMR at their discretion. Prior to Issuance of Building Permit(s) PW-43. Final Map shall be approved and recorded. PW-44. The developer shall vacate and dedicate the abutters rights of access along Third Street pursuant to the new location of the driveway. PW-45. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered civil engineer for location and elevation, and the soils engineer shall issue a Final Soils Report addressing compaction and site conditions. PW-46. Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the Grading Permit, City Grading Standards and accepted grading construction practices. The Final Grading Plan shall be in substantial conformance with the approved rough Grading Plan. PW-47. The developer shall pay to the City the Public Facilities Development Impact Fee (DIF) as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all resolutions implementing Chapter 15.06. PW-48. The developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all resolutions implementing Chapter 15.08. Prior to Issuance of Certificate of Occupancy PW-49. The project shall demonstrate the pollution prevention Best Management Practices, (BMPs) outlined in the Water Quality Management Plan (WQMP) have been constructed and installed in conformance with approved plans and are ready for immediate implementation. PW-50. As deemed necessary by the Department of Public Works the developer shall receive written clearance from Rancho California Water District, Eastern Municipal Water District, or other affected utilities or agencies, and record associated easements if necessary. PW-51. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. PW-52. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Department of Public Works. Associated easements and rights of entry shall be recorded and/or filed with the Department of Public Works. PW-53. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. WARREN D. WILLIAMS General Manager-Chief Engineer RIVERSIDE COUNTY FLOOD AND WATER CONSERVATION City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 Attention: Cheryl Kitzerow/Matt Peters Ladies and Gentlemen: 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 FAX 951.788.9965 www.rcflood.org 122881 December 24, 2008 lul JAN - 6 2009 Re: PA08-0287 and PM36055 The District does not normally recommend conditions for land divisions or other land use cases in incorporated Cities. The District also does not plan check City land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety, or any other such issue: The U.S. Army Corps of Engineers (Corps) along with the District and the Cities of Temecula and Murrieta are working on the design of the Murrieta Creek Flood Control, Environmental Restoration and Recreation project (Flood Control Project), which has been Congressionally authorized. The proposed development is located within Phase 4 of the Flood Control Project, which is currently scheduled to begin construction in 2013, pending Federally allocated funding. Questions regarding the Flood Control Project may be addressed to Zully Smith of our office at 951.955.1299. The north-westerly boundary of the property is within the 100 year Zone AE floodplain limits for Murrieta Creek as delineated on August 28,.2008 in the Flood Insurance Rate Maps issued in conjunction with the National Flood Insurance Program, administered by the Federal Emergency Management Agency (FEMA). A District flood study in 1987 determined the base flood elevation for the master plan flow rate of 30,900 cfs to be 1004' (NGVD 29) at the location. Until the proposed Flood Control Project has been constructed, all new buildings should be flood proofed by elevating the finished floor a minimum of 12 inches above the District's floodplain elevation of 1004'. The site is located within the limits of the Flood Control Project. Per the attached exhibit, the right of way required for the Flood Control Project impacts a portion of this parcel and shall be dedicated to the public prior to the issuance of any permits.. The developer shall submit to the District the preliminary title reports, plats and legal descriptions for all right of way to be conveyed to the District and ensure that right of way meets the satisfaction of the District. This project is located within the limits of the District's Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have been adopted, applicable fees should be paid. prior to the issuance of grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. City of Temecula -2- Re: PA08-0287 and PM36055 GENERAL INFORMATION 122881 December 24, 2008 This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a FEMA mapped floodplain, the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. The applicant shall show written proof of compliance with the Multiple Species Habitat Conservation Plan (MSHCP) for any drainage facilities the applicant proposes to be maintained by the District. All applicable CEQA and MSHCP documents and permits shall address the construction, operation and maintenance of all onsite and offsite drainage facilities. Draft CEQA documents shall be forwarded to the District during the public review period. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain all applicable Federal, State and local regulatory permits. These regulatory permits include, but are not limited to: a Section 404 Permit issued by the U.S. Army Corps of Engineers in compliance with Section 404 of the Clean Water Act, a California State Department of Fish and Game Streambed Alteration Agreement in compliance with the Fish and Game Code Section 1600 et seq., and a 401 Water Quality Certification or a Report of Waste Discharge Requirements in compliance with Section 401 of the Clean Water Act or State Porter Cologne Water Quality Act, respectively, from the appropriate Regional Water Quality Control Board. The applicant shall also be responsible for complying with all mitigation measures as required under CEQA and all Federal, State, and local environmental rules and regulations. Very truly yours, xzLY1l~- DALE V. ANDERSON Engineering Project Manager c: City of Murrieta Attn: Pat Thomas U.S. Army Corps of Engineers Attn: David Van Dorpe Zully Smith JUL:rlp PARCEL 7021-20 BEING A PORTION OF RIVER STREET AS SHOWN ON THE MAP OF THE TOWN OF TEMECULA, MAP BOOK 15, PAGE 726, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, WITHIN THE CITY OF TEMECULA, RIVERSIDE COUNTY, CALIFORNIA. \ \ \ \ ~Al i ~ Sy Y~ \ X95. PAI 1'0. 702 \ ~o \ 0~ \ \ M.B 15 726 SD. CO. LS 4758. z Exp. 9-30-07 qTe 0, Cp1.\P~N / / RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKET ST. RIVERSIDE, CA. 92501 PROJECT: MURRIETA CREEK C.O.E. PH 2 PARCEL: 7021-20 THIS PLAT IS SOLELY AN AID IN LOCATING PREPARED BY: RST THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT A PART SCALE: NO SCALE OF THE WRITT .D CR.IPTIO THEREIN. DATE: OCT 16, 2006 APPROVED BY: SHEET 1. OF DATE I COUATY OF RIVERSIDE DEPARTMENT OF F December 29, 2008 City of Temecula Planning Department Attn: Cheryl Kitzerow, Planner P.O. Box 9033 Temecula CA 92589-9033 RE: PA08-0287 Dear Ms. Kitzerow: The Department of Environmental Health has reviewed the application for the above project and has the following comments. Water and Sewer Availabilitv HEALTH 1. A "Will-Serve" letter from the agency(ies) that will be providing potable water (i.e. Rancho California Water District) and sanitary sewer service (i.e. Eastern Municipal Water District) will be required. 2. All existing septic system(s) and/or well(s) must be properly abandoned or removed under permit with the Department of Environmental Health (DEH). Please contact DEH, Land Use and Water Engineering at (951) 955-8980 for further information. For any Food Facilities and Swimming Pool(s) 3. Food facilities: a total of three (3) complete sets of plans for each food establishment are needed including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. 4. Swimming pool(s) and spa pool(s): a total of three (3) complete sets of plans for each pool must be submitted for review and approval. Food facility and pool/spa plans should be submitted to: • Department of Environmental Health, District Environmental Services, Murrieta 38740 Sky Canyon Drive. Suite A, Murrieta CA 92563 Attention: Plan Check (951) 461-0284. Plan Check fees are required. Hazardous Materials Business Plan 4. The facility may require a business emergency plan for the storage of hazardous materials greater than 55 gallons, 200 cubic feet or 500 pounds, or any acutely hazardous materials or extremely hazardous substances. If. further review of the site.. indicates . additional' environmental . health .issues, the Hazardous Materials Management Division reserves.the r 'lit to r`e ggulate the business m accordance with -Local^:Enforcernent Agenty :P.O.8, ox 1280 Riverside CA.-9,2592:1280, .-J951) 955-8982'o R .Land Use bad Wine, Engineering' P0. Box 1 206, Riverside ~CA~92502-1206 (951) 955-8980 4080 Leragn Street„ 9th Floor, Riverside, CA 92501 • 40$0 Lemon Street. 2nd Flnm R.vcr.klc (':A 49504 " DER JTY OF RIVERSIDE • COMMt~4ITY HEALTH AGENCY TMENT OF ENVIRONMENTAL HEALTH Cheryl Kitzerow, Planner City of Temecula December 29, 2008 applicable County Ordinances. Contact the Hazardous Materials Management Division, at (951) 358-5055 for any additional requirements. If you questions regarding this letter please contact me at (951) 955-8980. Michael Mistica, R.E.H.S. Environmental Health Specialist IV 2 Lu66P EnfercemenvAgency 'FO::B68 1280, Riverside ~CA'.92502 1280 051) 955 8982. FAX (951) 781 9653- .4080 Lemon Street. 9th Floor; Riverside, CA 92501 Land'Else and Water Engtneermg>-•P.-0. Box. 1206, Riverside ~CAr92502-1206. 195119:5 89Sn . FAX t9575. 055.»9(13 • anAnI "n~Fl c.eo~. z„t vi,,:,..a amen,. rNb odtn; . NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING DIRECTOR to consider the matter described below: Case No: PA08-0287 Applicant: Hector Correa, HLC Engineering on behalf of the Warehouse at Creekside, LLC Proposal: A Tentative Parcel Map (TPM No. 36055) to merge six lots as associated with the Warehouse at Creekside Development Plan (PA08-0115) located at 42081 Third Street in Old Town Temecula Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA (Section 15315, Class 15, Minor Land Division) Case Planner: Matt Peters/Cheryl Kitzerow, (951) 694-6409 Place of Hearing: City of Temecula, Main Conference Room Date of Hearing: January 29, 2009 Time of Hearing: 1:30 p.m. tp 1~9 PA08-0287 % m< ~v o me ns~\ xsa / / r«~ L-^^-~ aMTwow Any person may submit written comments to the Planning Director before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Director is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Planning Director is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Director, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 694-6409. GAPLANNING12008TA08-0287 Dalton Warehouse TPM1Planning0irector's HeadnglDH NOPH 01-29-09.doc