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HomeMy WebLinkAbout08_018 DH ResolutionDH RESOLUTION NO. 08-18 A RESOLUTION OF THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0179, A TENTATIVE RESIDENTIAL PARCEL MAP (TPM 36119) TO CONSOLIDATE 26 LOTS INTO ONE PARCEL FOR THE PUJOL STREET APARTMENT COMPLEX LOCATED AT 28801 PUJOL STREET Section 1. Procedural Findings. The Director of Planning of the City of Temecula does hereby find, determine and declare that: A. On August 20, 2008, DMC Building Company filed Planning Application No. PA08-0179 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 October 30, 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. PA08-0179 subject to Conditions of Approval after finding that the project proposed in Planning Application No. PA08-0179 conformed to the City of Temecula's General Plan, Development Code, and Subdivision Ordinance. Section 2. Further Findings. The Director of Planning, in approving Planning Application No. PA08-0179, hereby makes the following findings as required by Section 16.09.140 (Tentative Map). 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; Tentative Parcel Map No. 36119 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 consolidating 26 lots into one legal parcel 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; G:\PLANNING\2008\PA08-0179 Pujol Street Apt's PM\Planning\DH Reso.doc 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 consolidate 26 lots into one legal lot for the construction of 274-apartment units. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map; The project consists of a one lot Tentative Parcel Map on property designated for residential development, which is consistent with the General Plan. Furthermore, the Planning Commission approved a Development Plan (PA07-0229) for the construction of 27-apartment units associated with this project on March 5, 2008. The proposed Tentative Parcel Map would consolidate one lot for the 16 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 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. 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 any public health concerns. Further, provisions are made in the General Plan and 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 (PA07-0229) was conditioned to require that prior to the issuance of building permits, and prior to any construction, the applicant submit 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. GAPlANNING\20081PA08-0179 Pujol Street Apt's PM\PlanningTH Reso.doc 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 right-of-ways 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; As conditioned the subdivision is consistent with the Quimby Act. 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 15162, Subsequent EIRs and Negative Declarations); 1. The proposed Tentative Parcel Map will consolidate 26 lots into one legal lot, but will not intensify the development and therefore will not result in effects that were not discussed in the previously adopted Mitigated Negative Declaration. The Mitigated Negative Declaration for the Pujol Apartments project properly addressed all of the environmental issues encompassed within the Tentative Parcel Map. There have been no substantial changes in the Project which require major revisions of the Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; no substantial changes have occurred with respect to the circumstances under which the Project has been undertaken which require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time the Mitigated Negative Declaration was adopted which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the previous Mitigated Negative Declaration. GAPLANNING\2008\PA08-0179 Pujol Street Apt's PM\Planntng\DH Reso.doc Section 4. Conditions. The Director of Planning of the City of Temecula approves Planning Application No. PA08-0179, a Tentative Parcel Map to consolidate 26 lots into one legal lot, located at 28801 Pujol Street, 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 30th day of October 2008. De ie Ubnoske, Director of-Planning I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 08-018 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 30th day of October 2008. ynthia L cia, Secretary G:\PLANNING\2008\PA08-0179 Pujol Street Apt's PM\Planning\DH Reso.doe EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: EXHIBIT A CITY OF TEMECULA Planning Application No. Project Description Assessor's Parcel No. MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT DRAFT CONDITIONS OF APPROVAL PA08-0179 A Tentative Parcel Map (TPM 36119) to conslidate 26 lots into one parcel for the Pujol Street Apartment complex located at 28801 Pujol Street 922-260-001 N/A N/A N/A October 30, 2008 October 30, 2011 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 three 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 three 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 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-7. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Mitigation Monitoring Program for Planning Application No. PA07-0229. PL-8. All existing conditions of approval remain in effect from Planning Application PA07- 0229. PL-9. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-10. 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. Prior to Recordation of the Final Map PL-11. A copy of the Final Map shall be submitted to and approved by the Planning Department. PL-12. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to and approved by the Planning Department with the following notes: 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. b. A Mitigated Negative Declaration was prepared for this project and is on file at the City of Temecula Planning Department. c. This project is within a Liquefaction Hazard Zone. FIRE PREVENTION General Requirements F-1. All existing conditions of approval remain in effect from Planning Application PA07-0229 for fire department requirements. 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 bythe 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. The Applicant shall comply with all underlying Conditions of Approval for Planning Application No. PA07-0229 approved on March 5, 2008. PW-4. 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-5. Prior to approval of the Parcel Map, unless other timing is indicated, the developer shall complete or have plans submitted and approved, subdivision improvement agreements executed and securities posted. PW-6. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Riverside County Flood Control and Water Conservation District d. City of Temecula Fire Prevention Bureau e. Planning Department f. Department of Public Works g. Riverside County Health Department h. Cable TV Franchise Community Services District Verizon k. Southern California Edision Company Southern California Gas Company, or other affected agencies PW-7. The developershall dedicate thefollowing public rights-of-wayperthe Cityof Temecula General Plan standards, unless otherwise noted. a. First Street, along property frontage, 44 feet of half-width right-of-way to include 16 feet wide parkway b. Pujol Street, along property frontage, 30 feet of half-width right-of-way PW-8. Relinquish and waive right of access to and from Pujol Street on the Parcel Map with the exception of two (2) openings as delineated on the approved Tentative Parcel Map. PW-9. Relinquish and waive right of access to and from First Street on the Parcel Map with the exception of one (1) opening as delineated on the approved Tentative Parcel Map. PW-10. Relinquish and waive right of access to and from Calle Cerillo Street on the Parcel Map with the exception of no openings as delineated on the approved Tentative Parcel Map. PW-11. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard Number 805. PW-12. 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-13. Any delinquent property taxes shall be paid. PW-14. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map to delineate identified environmental concerns and shall be recorded with the map. PW-15. 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-16. The developer shall make a good faith effort to acquire the required off site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the Parcel Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall be approved by the City prior to commencement of the appraisal. PW-17. The developer shall record a written offer to participate in, and waive all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed Western Bypass Corridor in accordance with the General Plan. The form of the offer shall be subject to the approval of the City Engineer and City Attorney. PW-18. 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-19. 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. Prior to Issuance of a Building Permit PW-20. Parcel Map No. 36119 shall be approved and recorded. PW-21. 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-22. 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.