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HomeMy WebLinkAbout09-026 PC Resolution PC RESOLUTION NO. 09 -26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0240, A ONE -YEAR EXTENSION OF TIME (1ST) FOR PA06 -0193, DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR MORNING RIDGE CONDO CONVERSION LOCATED AT THE SOUTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MARGARITA ROAD, ADDRESSED AS 30660 MILKY WAY DRIVE (APN 944- 220 -003) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 27, 2007 the Planning Commission approved Planning Application No. PA06 -0193, a Conditional Use Permit and Development Plan to convert 200 apartment units into condominiums and PA06 -0192 associated one -lot Tentative Tract Map No. 34907. B. On October 15, 2008, the Planning Commission approved Planning Application No. PA08 -0166, a Minor Modification to PA06 -0193, Morning Ridge Condominium Conversion, to reduce the private storage space per unit to accommodate washer and dryer units on private patios. C. On July 29, 2009, Sandra Parmley on behalf of Battaglia Inc., filed Planning Application No. PA09 -0240, Extension of Time Application, in a manner in accord with the City of Temecula General Plan and Development Code. D. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. E. The Planning Commission, at a regular meeting, considered the Application and environmental review on November 18, 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. F. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA09 -0240 subject to and based upon the findings set forth hereunder. G. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Extension of Time for Development Plan (Code Section 17.05.010F) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of Sate law and other Ordinances of the City; The Extension of Time application is consistent with the original project. The proposal is consistent with the land use designation and policies reflected for High Density (H) Residential development in the City of Temecula General Plan. The existing residential apartment complex would be converted to ownership condominium units under this proposal. The project conforms with the Subdivision Ordinance, Subdivision Map Act and Zoning Code. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The Extension of Time application is consistent with the original project. The proposed project is consistent with the development standards outlined in the City of Temecula Development Code. The proposed project has met the performance standards in regards to circulation, architectural design and site plan design. The project has been reviewed for, and as conditioned, 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. Extension of Time for Conditional Use Permit (Code Section 17.040.010E) A. The proposed conditional use is consistent with the General Plan and the Development Code; The Extension of Time application is consistent with the original project. The proposal for converting 200 existing residential units to condominium units is consistent with the land use designation and policies reflected for the High Density Residential (H) land use designation within in the City of Temecula's General Plan, as well as the development standards for the High Density Residential (H) zone of the City of Temecula Development Code. The site is, therefore, properly planned and zoned and found to be physically suitable for the proposed for -sale residential condominium use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The Extension of Time application is consistent with the original project. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan. Staff has reviewed the proposed condominium use against the adjacent land uses and has determined that the proposed use will be consistent with the surrounding uses. The project will convert existing apartments into for sale residential condominiums. Adjacent uses include single family residences which is compatible. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood; The Extension of Time application is consistent with the original project. Staff has reviewed the proposed project to determine consistency with the Development Code and has found that the project meets all of the applicable requirements with the exception of private open space and private storage space. Each unit includes private usable open space (porches or balconies) which range in size from 67 square feet to 72 square feet. All of the 200 units do not meet the Development Code requirement for 150 square feet of private open space per unit. In order to compensate for this, staff has required the provision of additional on -site amenities, as described above. Each unit includes private storage space which ranges in size from 110 to 112 cubic feet, less than the required 150 cubic feet per unit. With the additional amenities, staff does not believe this is an issue of concern since the proposal involves an as -built condition and the requirement for additional private open space and private storage space are not a health and safety issue. As constructed and with the proposed amenities, the project meets the intent of the Development Code with regard to open space and providing for a positive quality of life. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The Extension of Time application is consistent with the original project. Staff has reviewed the proposed condominium use and found that it will not be detrimental to the health, safety, or general welfare of the community. Fire Prevention has reviewed circulation and drive aisle widths and has determined that the site will able to be adequately sewed by the Fire Department in an emergency situation. 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; Section 3. Environmental Findings. The Planning Commission 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 15301, Class 1 Existing Facilities); 1. The Project involves converting 200 existing residential apartment units into for -sale condominium units. No expansion of use is proposed. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA09 -0240, a one -year Extension of Time (1st) for the Development Plan and Conditional Use Permit (PA06 -0193) for Morning Ridge Condo Conversion located at the southwest corner of Rancho California Road and Margarita Road, addressed as 30660 Milky Way Drive, 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 Planning Commission this 18th day of November 2119. Stanley Harter, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] V STAT E•OF'CAI=IFORNIA COUNTY OFF RIVERSIDE )ss CITY OF TEMECULA I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09 -26 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of November 2009, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Harter ABSTAIN: 0 PLANNING COMMISSIONERS: None Patrick Richardson, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09 -0240 Project Description: The first Extension of Time for the Development Plan and Conditional Use Permit (PA06 -0193) for Morning Ridge Condo Conversion located at the southwest corner of Rancho California Road and Margarita Road, addressed as 30660 Milky Way Drive Assessor's Parcel No.: 944- 220 -001, -002, -003, -004 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: November 18, 2009 Expiration Date: August 27, 2010 (consistent with original approval) PLANNING DEPARTMENT General Requirements PL -1. Unless modified herein, the Conditions of Approval provided for PA06 -0193 and PA08- 0166 shall remain in effect. PL -2. 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 -3. 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-4. The Planning Director may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 2 additional 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 PA06 -0193 and PA08- 0166 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. FIRE PREVENTION F -1. Unless modified herein, the Conditions of Approval provided for PA06 -0193 and PA08- 0166 shall remain in effect. F -2. Existing Conditions of Approval will be revised to reflect the current codes adopted by the state and by the City of Temecula. Conditions of Approval that have been issued are for PA06 -0193. The extension of time is approved by the Fire Department. COMMUNITY SERVICES CS -1. Unless modified herein, the Conditions of Approval provided for PA06 -0193 and PA08- 0166 shall remain in effect. PUBLIC WORKS PW -1. Unless modified herein, the Conditions of Approval provided for PA06 -0193 and PA08- 0166 shall remain in effect.