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HomeMy WebLinkAbout09_004 DH ResolutionDH RESOLUTION NO. 09-004 A RESOLUTION OF THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0268, A ONE-LOT TENTATIVE PARCEL MAP (TPM NO. 36008) TO MERGE SIX LOTS AS ASSOCIATED WITH THE TRUAX BUILDING DEVELOPMENT PLAN (PA08-0008) LOCATED AT THE NORTHWEST CORNER OF MERCEDES AND SECOND STREETS IN OLD TOWN TEMECULA (APNS 922-043-012 AND 922-043-017) Section 1. Procedural Findings. The Director of Planning of the City of Temecula does hereby find, determine and declare that: A. On November 25, 2008, Hector Correa with HLC Engineering filed Planning Application No. PA08-0268, 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 February 19, 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. PA08-0268 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA08-0268, 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. PA08-0268, 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. 36008 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, Truax Building (PA08-0008), 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. 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, and Planning, Departments. As a result, the project is consistent with the Subdivision Ordinance, Development Code, General Plan, Old Town Specific Plan, and the City of Temecula Municipal Code and/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); The proposed project is not associated with any residential component and is therefore not subject to the City's parkland dedication requirements (Quimby). 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 commercial 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. PA08-0268, a one-lot Tentative Parcel Map (TPM No. 36008) to merge six lots as associated with the Truax Building Development Plan (PA08-0008) located at the northwest corner of Mercedes and Second Streets 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 19th day of February 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. 09-0004 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 19th day of February 2009. 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.: PA08-0268 Project Description: A one-lot Tentative Parcel Map (TPM No. 36008) to merge six lots as associated with the Truax Building Development Plan (PA08-0008) located at the northwest corner of Mercedes and Second Streets in Old Town Temecula Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT 922-043-012 and 922-043-017 Commercial (see PA08-0008) Office/Retail Commercial (see PA08-0008) Service Commercial/Office (see PA08-0008) February 19, 2009 February 19, 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. PA08-0008. 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. Prior to Recordation of the Final Map PL-8. A copy of the Final Map shall be submitted to and approved by the Planning Department. PL-9. 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. OUTSIDE AGENCIES PL-10. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated December 5, 2008, a copy of which is attached. PL-11. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated December 3, 2008, a copy of which is attached. FIRE PREVENTION General Requirements F-1. Minimum outside turning radius shall be 45 feet (CFC Chapter 5, Section 503.2.4 and 503.2.5 along with the Temecula City Ordinance 15.16.020 Section E). F-2. Cul-de-sacs and/or intersections with planters must maintain 24-foot clear unobstructed travel width around the planters, not including parking. Hardscape areas are permissible provided that they meet the 80,000 lbs. GVW load requirements and are at road level. F-3. Private entry driveways with divider medians must be a minimum of 16 feet wide on each side unless the median is held back 30 feet from face of curb of perpendicular road. F-4. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet for commercial projects 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 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 503.2.3 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). 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. 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-4. Project improvements shall be coordinated with City of Temecula project number PWO6-07. PW-5. The applicant shall comply with all underlying Conditions of Approval for Planning Application No. PA08-0008 approved on September 17, 2008. 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 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 PW-7. 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-8. Improve Mercedes Street (Local Street Standards for Old Town - 60' R/W) to include installation of half-width street improvements plus twelve feet, paving, colored rolled curb and gutter, sidewalk, streetlights, drainage facilities and utilities (including but not limited to water and sewer). PW-9. Improve Second Street (Local Street Standards for Old Town - 60' R/W) to include installation of half-width street improvements plus twelve feet, paving, colored rolled curb and gutter, sidewalk, streetlights, drainage facilities and utilities (including but not limited to water and sewer). PW-10. Dedication of right-of-way for a modified corner property line cut back per City of Temecula Standard No. 603A. Corner property line cut back for vehicular sight distance and installation of pedestrian facilities shall be provided at street intersections. PW-11. Relinquish and waive right of access to and from Mercedes Street on the Parcel Map with the exception of no opening as delineated on the approved Tentative ParcelMap. PW-12. Relinquish and waive right of access to and from Second Street on the Parcel Map with the exception of no opening as delineated on the approved Tentative ParcelMap. PW-13. 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-14. Any delinquent property taxes shall be paid. PW-15. 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-16. 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-17. 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-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 Building Permit(s) PW-20. Parcel Map 36008 shall be approved and recorded. PW-21. All utilities, except electrical lines rated 34kv or greater, shall be installed underground. PW-22. 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-23. 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.