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HomeMy WebLinkAbout09_009 DH ResolutionDH RESOLUTION NO. 09-009 A RESOLUTION OF THE CITY PLANNER OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09-0010, THE FIRST EXTENSION OF TIME FOR A DEVELOPMENT PLAN TO CONSTRUCT A 8,642 SQUARE FOOT COMMERCIAL BUILDING ON AN APPROXIMATE 1.0 ACRE LOT LOCATED AT 29742 RANCHO CALIFORNIA ROAD Section 1. Procedural Findings. The City Planner of the City of Temecula does hereby find, determine and declare that: A. On January 15, 2009, Glen Daigle, filed Planning Application No. PA09- 0010, an Extension of Time 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 City Planner, at a regular meeting, considered the Application and environmental review on April 16, 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 City Planner approved Planning Application No. PA09-0010 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA09-0010 conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The City Planner, in approving Planning Application No. PA09-0010, hereby makes the following findings as required by Development Code Section 17.05.010.F, Development Plans; 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; The proposed Extension of Time for the previously approved commercial building is consistent with the land use policies for Community Commercial (CC) development in the City of Temecula General Plan. The General Plan has listed retail as a typical use in the Community Commercial designation. The proposed project is consistent with the use regulations outlined in the Development Code for the Community Commercial zoning district. The proposed building is compatible with existing buildings and with the surrounding businesses currently located adjacent to the site. The proposed project, as conditioned, is consistent with other applicable requirements of State law and local Ordinances, including GAPLANNING\2009\PA09-0010 Lyndie Lane EOT\PIanning\DH Reso.doc the California Environmental Quality Act (CEQA) and all applicable Fire and Building Codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The proposed project is consistent with the development standards outlined in the City of Temecula Development Code and the site layout and architecture for the project has been reviewed utilizing the Citywide Design Guidelines. The proposed project has met the performance standards in regard to circulation, architectural design, and site plan design. The project has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Section 3. Environmental Findings. The City Planner hereby makes the following environmental findings and determinations in connection with the approval of the Extension of Time 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 15332, Class 32, In-Fill Development Projects). 1. The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations. The proposed land use for the site is allowed by the General Plan and zoning designation of Community Commercial. The project is consistent with all development regulations, including setbacks, height, and FAR requirements for the site. 2. The proposed development occurs within City limits on a project site that is less than five acres and substantially surrounded by urban uses. The project is proposed on a 0.92 acre site within an existing commercial center. The commercial center is surrounded by other commercial and residential development to the north, south, east, and west. 3. The project site has no value as habitat for endangered, rare or threatened species. The project site is not known to have value as habitat for endangered, rare or threatened species. The site has been previously graded and disturbed, and is not identified as a potentially sensitive habitat area by the General Plan. G:\PLANNING\2009\PA09-0010 Lyndie Lane EOT\Planning\DH Reso.doc 4. The project will not result in significant effects relating to traffic, noise, air quality, or water quality. The project has been reviewed and found to be consistent with the impacts analyzed as part of the General Plan EIR. 5. The site is adequately served by all required utilities and public services. The utility and public service companies were notified of the proposed project and no new facilities or expansion of existing facilities will be necessary as a result of the project. Existing services are available and adequate to service the proposed development. Section 4. Conditions. The City Planner of the City of Temecula approves Planning Application No. PA09-0010, an Extension of Time for an approved Development Plan to construct an 8,642 square foot building located at 29742 Rancho California Road, 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 City Planner this 16th day of April 2009. /O)Z~ Patrick Richardson, City Planner I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 09-009 was duly and regularly adopted by the City Planner of the City of Temecula at a regular meeting thereof held on the 16th day of April 2009. Cynthi ariccia, Secretary GAPLANNING\2009\PA09-0010 Lyndie Lane EOT\PIanning\DH Reso.doc EXHIBIT A DRAFT CONDITIONS OF APPROVAL 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 General Requirements DRAFT CONDITIONS OF APPROVAL PA09-0010 The first Extension of Time for a Development Plan to construct an 8,642 square foot commercial building on an approximate 1.0 acre lot located at 29742 Rancho California Road 921-760-014 and 921-760-015 N/A N/A N/A April 16, 2009 March 29, 2010 PL-1. Unless modified herein, the Conditions of Approval provided for PA05-0305 shall remain in effect. PL-2. This approval shall be used within one year 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 one year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-3. The City Planner 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. BUILDING AND SAFETY DEPARTMENT B-1. Unless modified herein, the Conditions of Approval provided for PA05-0305 shall remain in effect. B-2. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B-3. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. FIRE PREVENTION F-1. Unless modified herein, the Conditions of Approval provided for PA05-0305 shall remain in effect. F-2. Having valid conditions in place, and appearing that no changes are being made that affect life safety, we will make no additional conditions on this project at this time. All conditions previously placed on the project, and all codes and regulation in affect at the time of construction or alteration will be in full force and effect. F-3. The project will of course be subject to the applicable fire and life safety standards in place in the law at the time building and related permits are issued. F4. Prior is issuance of a Certificate of Occupancy or building final, a simple plot plan and a simple floor plan, each as an electronic file of the DWG format, must be submitted to the Fire Prevention Bureau. Contact Fire Prevention for approval of alternative file formats which may be acceptable. COMMUNITY SERVICES CS-1. Unless modified herein, the Conditions of Approval provided for PA05-0305 shall remain in effect.