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HomeMy WebLinkAbout09_011 DH ResolutionDH RESOLUTION NO. 09-011 A RESOLUTION OF THE CITY PLANNER OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09-0124, TENTATIVE PARCEL MAP NO. 36203, TO SUBDIVIDE 10.5 NET ACRES INTO TWO LOTS (3.4 ACRES AND 7.1 ACRES) IN THE LI ZONE LOCATED ALONG THE WEST SIDE OF DIAZ ROAD, ADDRESSED AS 27635 DIAZ ROAD (TEMECULA RECYCLING) Section 1. Procedural Findings. The City Planner of the City of Temecula does hereby find, determine and declare that: A. On March 31, 2009, Jim Needham of JRN Engineering, on behalf of The Garrett Group, filed Planning Application No. PA09-0124 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 City Planner, at a regular meeting, considered the Application and environmental review on May 28, 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. PA09-0124 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA09-0124 conformed to the City of Temecula's General Plan, Development Code, and Subdivision Ordinance. Section 2. Further Findings. The City Planner, in approving Planning Application No. PA09-0124, 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; The proposed map is consistent with the Subdivision Ordinance, Development Code, General 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 subdivides 10.5 acres into two lots in order to create a separate parcel for the existing 39,121 square foot warehouse for Temecula Recycling in order to allow for the sale of land for that development. Parcel 2 will remain undeveloped. The proposed Tentative Parcel Map design is consistent with the General Plan, as well as the development standards for the Light Industrial 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 industrial uses, which is consistent with the General Plan, as well as the development standards for the Light Industrial (LI) zoning designation. Parcel 1 is developed with an existing 39,121 square foot warehouse for Temecula Recycling; Parcel 2 is undeveloped and no development is currently proposed. Prior to any future development, the developer would be subject to the requirements of the MSHCP and any additional CEQA analysis. As conditioned, the subdivision is 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 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 creates two parcels. Parcel 1 is developed with an existing 39,121 square foot warehouse for Temecula Recycling, Parcel 2 is undeveloped and no development is currently proposed. Prior to the construction of future 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 project does not involve the construction of any residential uses and is therefore not subject to the City's parkland dedication requirements. Section 3. Environmental Findings. The City Planner 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 Divisions). 1. The project involves subdividing an industrial property into two parcels in conformance with the General Plan and Development Code. All services and access to the proposed parcels exist (to local standards), the parcel was noT involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. Section 4. Conditions. The City Planner of the City of Temecula approves Planning Application No. PA09-0124, Tentative Parcel Map No. 36203 to subdivide 10.93 acres into two lots (3.4 acres and 7.1 acres) in the LI zone located along the west side of Diaz Road, addressed as 27635 Diaz Road (Temecula Recycling), 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 28th day of May 2009 /Z-Z) Patrick Richardson, City Planner I, Cynthia Lariccia, Secretary of the l certify that the forgoing DH Resolution No. OS the City Planner of the City of Temecula at a day of May 2009. emecula Director's Hearing, do hereby -011 was duly and regularly adopted b~ regular meeting thereof held on the 28 Cynthia L 'ccia, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09-0124 Project Description: Tentative Parcel Map No. 36203 to subdivide 10.93 acres into two lots (3.4 acres and 7.1 acres) in the LI zone located along the west side of Diaz Road, addressed as 27635 Diaz Road (Temecula Recycling) Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT 921-030-003 Industrial Industrial Industrial/Business Park May 28, 2009 May 28, 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)). General Requirements PL-2. 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 orappointed 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-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. 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-5. 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. PL-6. The development of the premises shall substantially conform to the approved site plan contained on file with the Planning Department. PL-7. 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-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: 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. This project is within the Alquist-Priolo Special Studies Zone. c. This project is within a 100-year Flood Hazard Zone. This project is within a Liquefaction Hazard Zone. PL-10. Prior to final map recordation the applicant shall submit a georectified digital version of the map including parcel and street centerline information (pursuant to Riverside County standards). The electronic file will be provided ina ESRI ArcGIS compatible format and projected in a State Plane NAD 83 (California Zone VI) coordinate system. The City must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. OUTSIDE AGENCIES PL-11. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated April 22, 2009, a copy of which is attached. FIRE PREVENTION General Requirements F-1. Fire apparatus access roads shall be designed and maintained to supportthe 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, 503.4 and City Ordinance 15.16.020 Section E). F-2. 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-3. 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). F-4. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5, Section 503.1.2). 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 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-7. 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 Riverside County Health Department Cable TV Franchise Community Services District Verizon k. 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. Improve Diaz Road (Major Arterial (4 lanes divided) Highway Standard No. 101-100' R/W) to include dedication of half-width street right-of-way, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and raised landscaped median. 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 207A. PW-14. Concrete sidewalks shall be constructed in accordance with City Standard Number 400. PW-15. All street and driveway centerline intersections shall be at 90 degrees. PW-16. 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-17. 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-18. All intersections shall be perpendicular to 90 degrees PW-19. A construction area Traffic Control Plan shall be designed by a registered civil engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PW-20. Relinquish and waive right of access to and from Diaz Road Street on the Parcel Map with the exception of two (2) openings as delineated on the approved Tentative Parcel Map. PW-21. Any delinquent property taxes shall be paid. PW-22. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map to delineate identified environmental concems and shall be recorded with the map. PW-23. 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-24. 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-25. The developer shall notify the City's cable TV franchisees of the Intent to Develop. Conduit shall be installed to cable TV standards at time of street improvements. PW-26. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the Final Map. PW-27. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map or issuance of building permits, whichever occurs first. PW-28. 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:" I (ID lamb water Board of Directors Ralph H. Daily President Lisa D. Herman Sr. Vice President Stephen J. Corona Ben R. Drake John E. Hoagland April 20, 2009 Cheryl Kitzerow, Project Planner City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TENTATIVE PARCEL MAP- TEMECULA RECYCLING AT 27635 DIAZ ROAD PARCEL NO.3 OF PARCEL MAP NO. 1/97 APN 921-030-003 Lawrence X Liheu Dear Ms. Kitzerow: William E. Plummer Please be advised that the above-referenced project/property is located within officers: the service boundaries of Rancho California Water District (RCWD). The Matthew G. Stone subject project/property fronts an existing 12-inch diameter water pipeline General Manager er Phillip L Forbes, CPA (1305 Pressure Zone) within Diaz Road, and an existing 20-inch diameter Assistant General Managers recycled water pipeline (1380 Pressure Zone) within Diaz Road. Treasurer Perry R.Louck Directoror Plann[ng Water service to the subject project/property currently exists. Additions or AndrewL Webster, P.B. modifications to water/sewer service arrangements are subject to the Rules and Acting Disthet Engineer Regulations (governing) Water System Facilities and Service, as well as the Jeffrey D. Armstrong Chief Financial Officer completion of financial arrangements between RCWD and the property owner. Kalil E. Garcia District Secretary Water service to individual lots will require the construction of water service C.MichmIC.antter LLP facilities within dedicated public and/or private right -of-was Individual Y Best Best & Krieg General Counsel water meters will be required for each lot and/or project unit, as applicable. Water availability is contingent upon the property owner(s) signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is contingent upon the timing of the subject project/property development relative to water supply shortage contingency measures (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances). In accordance with Resolution 2007-10-5, the project/property will be required to use recycled water for all landscape irrigation, which should be noted as a condition for any subsequent development plans. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. Letter to Cheryl Kitzerow/City of Temecula April 20, 2009 Page Two As soon as feasible, the project proponent should contact RCWD for a determination of existing water system capability, based upon project-specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project-specific fees and requirements. Please note that separate water meters will be required for all landscape irrigation. Sewer service to the subject project/property, if available, would be provided by Eastern Municipal Water District. If you should have any questions or need additional information, please contact an Engineering Services Representative at this office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT AV,, L~'_' Corey F. Wallace, P.E. Engineering Manager cc: Laurie Williams, Engineering Services Supervisor Peter Muserelli, Engineering Project Coordinator IRN Civil Engineers The Garrett Group 09\C W:I m018\F450\FEG