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HomeMy WebLinkAbout09-003 DH ResolutionDH RESOLUTION NO. 09-003 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 29`h 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. 09-003 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. ~athy Simpkins, Se etary EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: EXHIBIT A CITY OF TEMECULA FINAL 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.: 922-046-012 MSHCP Category: Residential 14.0 DU or Greater (see PA08-0115) DIF Category: Residential/Retail (see PA08-0115) TUMF Category: Low-Income Residential/Retail Commercial (see PA08-0115) 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 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: 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. This project is within a 100-year Flood Hazard Zone. OUTSIDE AGENCIES PL-11. 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-12. 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 d. Department of Public Works e. 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 Number400. 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.