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HomeMy WebLinkAbout09_002 DH ResolutionDH RESOLUTION NO. 09-002 A RESOLUTION OF THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 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\Director's 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 TIDWDirector'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 TPWDirector'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 r-. Debbie Ubnoske, Director of Planning I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 09-002 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 Sinipkins, Secretary G:\PLANNING\2006\PA06-0204 Halcon de Rojo Condos TPM\Director's Hearing Documents\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 forcondominium 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 fora 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 support the 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). WARR_END. WILLIAMS General Manager-Chief Engineer =,`~`COdN71I(pQen x 1995 MARKET-STREET o l_ RIVERSIDE, CA 92501 b51.955.1200 AUG 0 2 2006 1451.788.996 AR 511802 S - fw'retrotl By QQ partment RIVERSIDE COUNTY FLOOD C NTROL City of Temecula AND WATER CONSERVATION DISTRICT Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention: 4-0n4,"" "i":' 9^+AY-o Ladies and Gentlemen: Re: ?woke-o2o~ •r,t 3'ns; 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 speck 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 checked 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: No comment. _~K_ This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. . - This project involves District Master Plan facilities. The District will accept ownership of such facilities on written request of the City. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. This project proposes channels, storm drains 36 inches or larger in diameter or other facilities that could be considered regional in nature and/or a logical extension of the adopted Master Drainage Plan. The District would consider accts ting ownership o suc facilities on written request of the City. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. - This project is located within the limits of the District's Area Drainage Plan for which drainage fees have been adopted; applicable fees should =s y caie s check or money order only to the Flood Control District or City prior to issuance of grading . Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. An encroachment permit shall be obtained for any construction related activities occurring within District right of way or facilities. For further information, contact the District's encroachment permit section at 951.955.1266. GENERAL INFORMATION 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 Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should require the applicant to provide all studies, calculations, plans and %er 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 f0 occupancy. If a natural watercourse or mapped flood plain is impacted by this pro1'ect, the City should reyire the applicant to obtain a Section 1601/1603 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. c: Riverside County Planning Department Attn: David Mares Very truly yours, al& ARTURO DIAZ Senior Civil Engineer Date: Z::&L6~5/