HomeMy WebLinkAbout12-005 DH Resolution DH RESOLUTION NO. 12-05
A RESOLUTION OF THE PLANNING DIRECTOR OF THE
CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PAl2-0018, A TENTATIVE PARCEL
MAP (NO. 36439) TO SUBDIVIDE AN EXISTING 10.94
ACRE PARCEL INTO THREE PARCELS WITHIN THE
HOME DEPOT SHOPPING CENTER LOCATED AT 32020
TEMECULA PARKWAY. (APN 959-390-005).
Section 1. Procedural Findings. The Planning Director of the City of Temecula
does hereby find, determine and declare that:
A. On February 1, 2012, David Powell, on behalf of Pacific Development
Group, filed Planning Application No. PAl2-0018, 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 Planning Director, at a regular meeting, considered the Application
and environmental review on August 2, 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. PAl2-0018
subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PAl2-0018 conformed to the City of Temecula's General Plan and
Development Code (Tentative Parcel Maps).
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Director, in approving the
Application hereby finds, determines and declares that:
Tentative Map (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;
The proposed map is consistent with the Subdivision Ordinance, Temecula
General Plan, Paloma Del Sol 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 subdivides 10.94 acres into three parcels. The site is fully
developed and the subdivision is suitable for the additionally proposed
development being considered by a separate application. The proposed
Tentative Parcel Map design is consistent with the Temecula General Plan,
Paloma Del Sol Specific Plan, and Development Code.
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 fully developed properfy. 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 healfh, 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 three parcels that are currently developed.
New construction is proposed for this Parcel Map under a separate application.
This development will provide for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasib/e.
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 a
Tentative Parcel Map (No. 36439) to subdivide an existing 10.94 acre parcel into three
parcels:
A. The proposed project has been determined to be consistent with the
previously adopted Paloma del Sol Specific Plan EIR and is, therefore, exempt from
further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative
Declarations).
Section 4. Conditions. The Planning Director of the City of Temecula hereby
approves Planning Application No. PAl2-0018, a Tentative Parcel Map (No. 36439) to
subdivide an existing 10.94 acre parcel into three parcels located at 32020 Temecula
Parkway. 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 Director of
Development Services this 2nd day of August, 2012
Patrick Richardson, Director of Development Services
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby
certify that the forgoing DH Resolution No. 12-05 was duly and regularly adopted by
the Planning Director of the City of Temecula at a regular meeting thereof held on the
2nd day of August, 2012.
�
U
Cynthia iccia, Secretary
c
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PAl2-0018
Project Description: A Tentative Parcel Map (No. 36439) to subdivide an existing 10.94
acre parcel into three parcels
Assessor°s Parcel No.: 959-390-005
MSHCP Category: Exempt (Section 15.10.100.E)
DIF Category: Per Public Facilities Development Impact Fee Reduction Agreement
TUMF Category: Retail Commercial
Quimby Category: N/A (Non-Residential Project)
Approval Date: August 2, 2012
Expiration Date: August 2, 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 pollars
($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
promptly notify both the applicant and landowner of any claim, action, or proceeding to
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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
approvai.
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. This project and all subsequent projects within this site shall be consistent with Specific
Plan No. 4(Paloma Del Sol).
PL-7. The project and all subsequent projects within this site shall comply with all mitigation
measures identified within EIR No. 235.
PL-8. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department.
Prior to Recordation of the Final Map
PL-9. A copy of the Final Map shall be submitted to and approved by the Planning
Department. �
PL-10. 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 lnstitute of
Technology, Palomar Observatory recommendations, Ordinance No. 655.
b. Environmental Impact Report (EIR) No. 235 was prepared for this project and is on
file at the City of Temecula Planning Department.
c. This project is within the Alquist-Priolo Special Studies Zone.
d. This project is within a 100-year Flood Hazard Zone.
e. This project is within a Liquefaction Hazard Zone.
f. This project is within a Subsidence Zone.
PL-11. A revised copy of the Covenants, Conditions, and Restrictions (CC&Rs) that includes
the new structures shall be submitted and approved by the Planning Director. The
CC&Rs shall include liability insurance and methods of maintaining open space,
recreation areas, parking areas, private roads, exterior of all buildings and all
landscaped and open areas including parkways.
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PL-12. The CC&Rs shall be in the form and content approved by the Planning Director, City
Engineer and the City Attorney and shall include such provisions as are required by this
approval and as said officials deem necessary to protect the interests of the City and its
residents.
PL-13. The CC&Rs shall be prepared at the developer's sole cost and expense.
PL-14. The CC&Rs and Articles of Incorporation of the Property Owners Association are
subject to the approval of the Planning and Public Works Departments and the City
Attorney. They shal� be recorded concurrent with the final map. A recorded copy shall
be provided to the City.
PL-15. The CC&Rs shall provide for the effective establishment, operation, management, use,
repair and maintenance of all common areas, drainage facilities, and pollution
prevention devices outlined in the Project's Water Quality Management Plan.
PL-16. The CC&Rs shall provide that the property shall be developed, operated and
maintained so as not to cr�ate a public nuisance.
PL-17. The CC&Rs shall provide that the association may not be terminated without prior City
approval.
PL-18. The CC&Rs shall provide that if the property is not maintained in the condition required
by the CC&Rs, then the City, after making due demand and giving reasonable notice,
may enter the property and perform, at the owner's sole expense, any maintenance
required thereon-by the CC&Rs or the City Ordinances. The properry shall be subject to ,
a lien in favor of the City to secure any such expense not promptly reimbursed.
PL-19. Every owner of a suite or lot governed by CC&Rs shall own as an appurtenance to such
suite or lot, either: (1) an undivided interest in the common areas and facilities, or (2) a
share in the corporation, or voting membership in an association owning the common
areas and facilities.
PL-20. All open areas and landscaping governed by CC&R shall be permanently maintained by
the association or other means acceptable to the City. Such proof of this maintenance
shall be submitted to the Planning and Public Works Departments prior to the issuance
of building permits.
PL-21. Reciprocal access easements and maintenance agreements ensuring access to all
parcels and joint maintenance of all roads, drives, parking areas, drainage facilities, and
water quality features, shall be provided by the CC&Rs or by deeds and shall be
recorded concurrent with the map or prior to the issuance of building permit where no
map is involved.
PL-22. An Article must be added to ev�ery set of CC&Rs to read as follows:
Article
CONSENT OF CITY OF TEMECULA
1. The Conditions of Approval of Tentative Tract Map Number
requires the City to review and approve the CC&Rs for the Parcel.
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2. Declarant acknowledges that the City has reviewed these CC&Rs
and that its review is limited to a determination of whether the proposed
CC&Rs properly implement the requirements of the Conditions of
Approval for the Parcel. The Cify's consent to these CC&Rs does not
contain or imply any approval of the appropriateness or legality of the
other provisions of the CC&Rs, including, without limitation, the use
restrictions, private easements and encroachments, private maintenance
requirements, architecture and landscape controls, assessment
procedures, assessment enforcement, resolution of disputes or
procedural matters.
3. In the event of a conflict between the Conditions of Approval of
the land use entitlements issued by the City for the Parcel or Federal,
State, or local laws, ordinances, and regulations and these CC&Rs, the
provisions of the Conditions of Approval and Federal, State or local laws,
ordinances, and regulations shall prevail, notwithstanding the language of
the CC&Rs.
4. These CC&Rs shall not be terminated, amended or otherwise
modified without the express written consent of the Planning Director of
the City of Temecula.
PL-23. An Article must be added to every set of CC&Rs, following the DeclaranYs signature, to
read as follows:
CONSENT OF CITY OF TEMECULA
The Conditions of Approval forTentative Tract Map No. require the
City of Temecula to review and approve the CC&Rs for the Parcel. The
City's review of these CC&Rs has been limited to a determination of
whether the proposed CC&Rs properly implement the requirements of the
Conditions of Approval for the Parcel. The City's consent to these CC&Rs
does not contain or imply any approval of the appropriateness or legality
of the other provisions of the CC&Rs, including, without limitation, the use
restrictions, private easements and encroachments, private maintenance
requirements, architecture and landscape controls, assessments,
enforcement of assessments, resolutions of disputes or procedural
matters. Subject to the limitations set forth herein, the City consents to
the CC&Rs.
Patrick Richardson
Director of Development Services
Approved as to Form:
Peter M. Thorson
City Attorney
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PL-24. No lot or suite in the development shall be sold unless a corporation, association,
property owners group or similar entity has been formed with the right to assess all
properties individually owned or jointly owned which have any rights or interest in the
use of the common areas and common facilities in the development, such assessment
power to be sufficient to meet the expenses of such entity, and with authority to control,
and the duty to maintain, all of said mutualiy available features of the development.
Such entity shall operate under recorded CC&Rs, which shall include compuisory
membership of all owners of lots and/or suites and flexibility of assessments to meet
changing costs of maintenance, repairs, and services. Recorded CC&Rs shall permit
enforcement by the City for provisions required as Conditions of Approval. The
developer shall submit evidence of compliance with this requirement to, and receive
approval of, the City prior to making any such sale. This condition shall not apply to
land dedicated to the Cityfor public purposes.
PL-25. CC&Rs shall be finalized and recorded at the time of Final Map Recordation.
PL-26. Three copies of the final recorded CC&Rs shall be provided to the Planning
Department.
PUBLIC WORKS DEPARTMENT
General Requirements
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-1. It is understood that the developer correctly shows on the Tentative Map all existing and
proposed easements, 4raveled ways, improvement constraints and drainage courses,
and their omission may require the project to be resubmitted for further review and
revision.
PW-2. 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-3. An Encroachment Permit shall be obtained from the Department of F'ublic Works prior
to commencement of any construction within an existing or proposed City right-of-way.
PW-4. 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-5. The project shall include construction-phase pollution prevention controls into the
design of the project to prevent non-permitted runoff from discharging off site or
entering any storm drain system or receiving water during all field-related activities.
PW-6. A Water Quality Management Plan (WQMP) must be conceptually accepted by the Ciry
prior to the initial grading plan check. The WQMP will be prepared by a registered civil
engineer and include Low Impact Development (LID) Best Management Practices
(BMPs), source controls, and treatment devices.
PW-7. All water quality and onsite drainage facilities shall be privately maintained.
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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-8. 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. City of Temecula Fire Prevention Bureau
d. Planning Department
e. Department of Pubiic Works
f. Riverside County Health Department
g. Cable TV Franchise
h. Verizon
i. Southern California Edision Company
j. Southern California Gas Company, or other affected agencies
PW-9. 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-10. Relinquish and waive right of access to and from Temecula Parkway on the Parcel
Map.
PW-11. Relinquish and waive right of access to and from Campanula Way on the Parcel Map
with the exception of one opening as delineated on the approved Tentative Parcel Map.
PW-12. All easements and/or right-of-way dedications shall be offered for dedication to the
pubiic 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-13. Any delinquent property taxes shall be paid.
PW-14. 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-15. 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-16. Private drainage easements for cross-lot drainage shall be required and shall be
delineated and noted on the Par�el Map.
PW-17. 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
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C
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-18. The Water Quality Management Plan (WQMP) must receive final acceptance by the
City prior to issuance of any grading permit.
PW-19. A Grading Plan shall be prepared by a registered civil engineer in accordance with City
of Temecula standards and shall be approved by the Department of Public Works prior
to the commencement of grading. The Grading Plan shall include all necessary erosion
control measures needed to adequately protect the site (public and private) and
adjoining properties from damage due to erosion.
PW-20. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to
the Department of Public Works with the initial grading plan check. The report shall
address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and preliminary pavement sections.
PW-21. A Drainage Study shall be prepared by a registered civil engineer and submitted to the
Department of Public Works with the initial grading plan check. The study shall identify
storm water runoff quantities expected from the development of this site and upstream
of the site. It shall identify all existing or proposed off site or on-site, public or private,
drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an
adequate outfall capable of receiving the storm water runoffwithout damage to public or
private property. The study shall include a capacity analysis verifying the adequacy of
all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the
storm water runoff shall be provided as part of development of this project. The basis
for analysis and design shall be a storm with a recurrence interval of 100 years.
PW-22. Construction-phase pollution prevention controls shall be consistent with the City's
Grading, Erosion and Sediment Control Ordinance and associated technical manual,
and the Citys standard notes for Erosion and Sediment Control.
PW-23. The project shall demonstrate coverage under the State NPDES General Permit for
Construction Activities by providing a copy of the Waste Discharge Identification
number (WDID) issued by the State Water Resources Control Board (SWRCB), the
project's Risk Level (RL) determination number, and the name and contact information
of the Qualified SWPPP Developer (QSD). A Stormwater Pollution Prevention Plan
(SWPPPj shall be available at the site throughout the duration of construction activities.
PW-24. The developer shall post security and enter into an agreement guaranteeing the grading
and erosion control improvements in conformance with applicable City Standards and
subject to approval by the Department of Public Works in accordance with Grading
Ordinance Section 18.24.120.
PW-25. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula
Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that
ordinance or by providing documented evidence that the fees have already been paid.
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PW-26. 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-27. Parcel Map shall be approved and recorded.
PW-28. A Precise Grading Plan shall be submitted to the Department of Public Works for review
and approval. The building pad shall be certified by a registered civil engineer for
location and elevation, and the soils engineer shall issue a Final Soils Report
addressing compaction and site conditions.
PW-29. Grading of the subject property shall be in accordance with the California Building
Code, the approved grading plan, the conditions of the Grading Permit, City Grading
Standards and accepted grading construction practices. The Final Grading Plan shall
be in substantial conformance with the approved rough Grading Plan.
PW-30. 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-31. 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.
Prior to Issuance of Certificate of Occupancy
PW-32. The project shall submit a completed WQMP Operation and Maintenance (O&M)
Agreement that must include the owner's notarized signature, proof of recordation with
the County Recorder's Office, and all maintenance procedures for each of the structural
� treatment control Best Management Practices (BMPs) outlined in the WQMP.
PW-33. The project shall demonstrate that the structural treatment control BMPs outlined in the
Water Quality Management Plan (WQMP) have been constructed and installed in
conformance with approved plans and are ready for immediate implementation.
PW-34. All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as r�quired by the Department of Public Works.
PW-35. The existing improvements shall be reviewed. Any appurtenance damaged or broken
shall be repaired or removed and replaced to the satisfaction of the Department of
Public Works. '
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