HomeMy WebLinkAbout12-002 DH Resolution DH RESOLUTION NO. 12 -02
A RESOLUTION OF THE PLANNING DIRECTOR OF THE
CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA11 -0281, A TENTATIVE PARCEL
MAP (WAIVED FINAL MAP) APPLICATION TO
SUBDIVIDE ONE PARTIALLY DEVELOPED LOT (18.79
ACRES) INTO TWO LOTS. THE PROJECT IS LOCATED
AT 42000 ZEVO DRIVE (APN 909 - 370 -006)
Section 1. Procedural Findings. The Planning Director of the City of Temecula
does hereby find, determine and declare that:
A. On November 3, 2011, Stan Heaton, on behalf of American Life
Development, filed Planning Application No. PA11 -0281 a Tentative Tract Map
Application (waived Final Map) 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 Planning Director, at a regular meeting, considered the Application
and environmental review on April 26, 2012, 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 Planning Director approved Planning Application No. PA11 -0281
subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PA11 -0281, conformed to the City of Temecula's General Plan
Development Code (Municipal Code Section 16).
Section 2. Further Findings. The Planning Director, in approving Planning
Application No. PA11 -0281, hereby makes the following findings as required by
Municipal Code Section 16.09.140.
A. The proposed subdivision and the design and improvements of the
subdivision are consistent with the Subdivision Ordinance, Development Code,
Temecula General Plan and the City of Temecula Municipal Code;
As designed and conditioned, the proposed map is consistent with the
Subdivision Ordinance, Temecula General Plan, and the City of Temecula
Municipal Code.
B. The Tentative Map does not propose to divide land which is subject to a
contract entered into pursuant to the California Land Conservation Act of 1965, or the
land is subject to a Land Conservation Act contract but the resulting parcels following
division of the land will not be too small to sustain their agricultural use;
S
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 18.79 acres into two parcels. The site is partially
developed and no further development is proposed at this time. The proposed
Tentative Parcel Map. design is consistent with the Temecula General Plan and
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 Tentative Parcel Map on partially developed property.
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 be consistent with the City's General Plan and Municipal Code
which contain provisions 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. New construction is not proposed
for these parcels. Any future development will be required to complete the
standard development and CEQA review process. The design of the subdivision
provides for future passive or natural heating or cooling opportunities to the
extent feasible.
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 Planning Director hereby makes the
following environmental findings and determinations in connection with the approval of
the Conditional Use Permit 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);
The Tentative Parcel Map will split one parcel into two. The project area is
located on property within an urbanized area. The division is in compliance with
the General Plan and zoning, requires no variances or exceptions, has all service
and access requirements available. Furthermore, the parcel was not involved in a
division of a larger parcel within the previous two years and does not have an
average slope greater than 20 percent.
Section 4. Conditions. The Planning Director of the City of Temecula
approves Planning Application No. PA11 -0281, a Tentative Parcel Map (Waived Final
Map) application to subdivide one partially developed lot (18.79 acres) into two lots. The
project is located at 42000 Zevo Drive (APN: 909 - 370 -006), subject to the Conditions of
Approval set forth on Exhibit A, attached hereto, and incorporated herein by this
reference.
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Director this 26th day of April, 2012
Patrick Richardson, Director of Planning and Development
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby
certify that the forgoing DH Resolution No. 12 -02 was duly and regularly adopted by
the Planning Director of the City of Temecula at a regular meeting thereof held on the
26th day of April, 2012.
y
Cynthia V/11ccia, Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA11 -0281
Project Description: A Tentative Map (Waived Final Map) application to subdivide one
partially developed lot into two lots
Assessor's Parcel No.: 909 - 370 -006
MSHCP Category: Exempt (No New Square Footage /Grading)
DIF Category: Exempt (No New Square Footage)
TUMF Category: Exempt (No New Square Footage)
Quimby Category: Exempt (Non Residential Project)
Approval Date: April 26, 2012
Expiration Date: April 26, 2015
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)).
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 or appointed officials,
officers, employees, consultants, contractors, legal counsel, and agents. City shall
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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 Planning Director may, upon an application being filed prior to expiration, and for
good cause, grant a time extension of up to 5 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
and elevations contained on file with the Planning Department.
PL -7. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers,
landscape debris, and waste from entering the storm drain system or from leaving the
property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or
repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters.
Ensure that all materials and products stored outside are protected from rain. Ensure
all trash bins are covered at all times.
PL -8. 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.
PL -9. A Certificate of Compliance shall be submitted, reviewed and approved by the City after
the public hearing appeal period for the waived map has passed. The Certificate of
Compliance shall be recorded immediately after City approval to legalize this land
division approval since a Final Map Waiver has been approved.
OUTSIDE AGENCIES
PL -10. The applicant shall abide by all requirements stipulated in the letter from the Regional
Conservation Authority dated March 30, 2012.
PL -11. The applicant shall abide by all requirements stipulated in the letterfrom the
Riverside County Planning Department (County Geologist) dated March 29, 2012.
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