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Home My WebLink About032714 DH AgendaAGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING MARCH 27, 2014 1:30 P.M. TEMECULA CITY HALL Great Oak Conference Room 41000 Main Street Temecula, CA 92590 CALL TO ORDER: Armando G. Villa, AICP, Director of Community Development PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Director of Community Development on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Director. When you are called to speak, please come forward and state your name and address. Item No. 1 Project Number: Project Type: Project Title: Applicant: Project Description Location: Environmental Action Project Planner: 1:30 p.m. PA13-0283 Tentative Parcel Map/Waiver of Final Map Schafer Condo Map Michael Schafer A Tentative Parcel Map, including a Waiver of Final Map, for condominium purposes to create 6 individual office space units at an existing two-story, 18,600 square foot office building 41619 Margarita Road Section 15162, Subsequent EIRs and Negative Declarations Eric Jones NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the Director's Hearing. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.org — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the City's website — www.citvoftemecula.org — and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula Civic Center, (951) 694-6400. STAFF REPORT — PLANNING CITY OF TEMECULA DIRECTOR'S HEARING DATE OF MEETING: March 27, 2014 TO: Armando G. Villa, AICP, Director of Community Development PREPARED BY: Eric Jones, Case Planner PROJECT Planning Application No. PA13-0283, a Tentative Parcel Map SUMMARY: application (including a waiver of Final Map) for condominium purposes to create 6 individual office space units at an existing two- story 18,600 square foot office building located at 41619 Margarita Road (APNs: 921-830-019 and 921-830-023) RECOMMENDATION: Approve with Conditions CEQA: Exempt Pursuant to CEQA Section 15162, Subsequent EIRs and Negative Declarations PROJECT DATA SUMMARY Name of Applicant: Michael Schafer General Plan Professional Office (PO) Designation: Zoning Designation: Specific Plan SP -7 (Commercial/Support Commercial) Existing Conditions/ Land Use: Site: Existing Office Structure/Professional Office (PO) North: Existing Commercial Structures/Community Commercial (CC) South: Overland Drive, Existing Commercial/Community Commercial (CC) East: Margarita Road, Existing Single -Family Residential/Low Medium (LM) West: Existing Commercial Structure/Community Commercial (CC) GIPLANNING\2013\PA13-0283 Schafer Condo Map\Planning\Hearing Items\Staff Report.doc 1 Existing/Proposed Min/Max Allowable or Required Lot Area: 0.37 Acres N/A Total Floor Area/Ratio: N/A Per Approved Development Plan PA00-0397 Landscape Area/Coverage: N/A Per Approved Development Plan PA00-0397 Parking Required/Provided: N/A Per Approved Development Plan PA00-0397 GIPLANNING\2013\PA13-0283 Schafer Condo Map\Planning\Hearing Items\Staff Report.doc 1 BACKGROUND SUMMARY The application will allow for the creation of six office condominiums within an existing two-story professional office building located in the Overland Corporate Center near the northwest corner of Overland Drive and Margarita Road. The structure is part of a four -building office complex originally approved by the Planning Commission on July 18, 2001. The underlying map for the project area is Tentative Parcel Map No. 30208. The condominiums will be located on parcel sixteen of this original map. The complex is part of the overall Temecula Regional Center Specific Plan (SP -7). The applicant is proposing no physical changes to the structure or site plan. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The original underlying Tentative Parcel Map for the project area (No. 30208) consisted of twenty-three parcels and was approved at Director's Hearing on August 23, 2001. Conditions of Approval for Map No. 30208 included language requiring that CC&Rs be reviewed and approved by the Director of Community Development before the recordation of the Final Map. The CC&Rs were required to include methods of maintaining any open space, parking areas, exterior of all buildings and all landscaping. The Final Map was recorded by the Riverside County Recorder's Office on September 27, 2001. The project has been conditioned to ensure all office condominium owners will be required to abide by these original CC&Rs (PA01-0263). This will ensure the Overland Corporate center continues to be well maintained. The proposed Tentative Parcel Map would create 6 condominium units but would not create additional lots or change the existing lot size. The condominium units would be configured to fit within an existing two-story professional office building that was previously approved and constructed under Development Plan PA00-0397. Four condominium units will be located on the first floor and 2 units will be located on the second floor. The proposed Tentative Parcel Map would allow for individual ownership of the approved offices. The applicant is also requesting a Final Map Waiver, which staff supports because all required improvements related to the site have been constructed and the existing building and associated improvements remain consistent with Conditions of Approval, pursuant to Development Plan Planning Application No. PA00-0397. No structural or site modifications are proposed as part of the application. Access and parking for the site will remain the same. In addition, uses allowed within the structure will continue to comply with the use matrix contained within the Temecula Regional Center Specific Plan (SP - 7). LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on March 14, 2014 and mailed to the property owners within an 800 -foot radius. ENVIRONMENTAL DETERMINATION This project is within the Temecula Regional Center Specific Plan (SP -7) for which an EIR was prepared and certified. Under California Environmental Quality Act (CEQA) guidelines, Section 15162 (Subsequent EIRs and Negative Declarations), this project is exempt from further review and a Notice of Exemption has been prepared. GAPLANNING\2013\PA13-0283 Schafer Condo Map\Planning\Hearing Items\Staff Report.doc 2 CEQA Section 15162 applies when an EIR has been certified or negative declaration has been adopted for a project. No subsequent EIR shall be prepared for that project unless there are substantial changes not discussed or examined in the EIR. No structural or site modifications have been proposed as part of this project and the proposed condo map will not result in substantial change not discussed or examined in the EIR prepared for the Temecula Regional Center. In addition, uses will remain in compliance with the Temecula Regional Specific Plan (SP -7). Therefore, the proposed project is eligible for a CEQA exemption pursuant to Section 15162 of the CEQA guidelines. FINDINGS (Section 16.15.100.C) All parcels created front on existing maintained public roads, improved in accordance with current City standards. The condominium map will allow 6 professional office units to be created within an existing building. This building and all associated improvements were evaluated as part of Planning Application No. PA00-0397 and have all since been constructed. In addition, the project fronts existing public roads that are improved in accordance with City standards. All parcels created are serviced by sanitary sewer facilities, in accordance with current City standards. The condominium units will be created within an existing professional office structure. In addition, no new parcels will be created. The existing structure is serviced by sanitary sewer facilities that are in accordance with current City standards. Adequate water supply is available to all parcels. The condominium units will be created within an existing professional office structure. In addition no new parcels will be created. The existing structure is currently serviced by an adequate water supply. The proposed land division will not have an adverse impact on the environment or on surrounding properties. The proposed map will create condominium units within a professional office building. No changes to this structure or site are proposed. All environmental impacts for the structure have been previously reviewed under Planning Application No. PA00-0397 and the Temecula Regional Center EIR. No new adverse environmental impacts are anticipated as a result of the project. The proposed land division will not have an adverse impact on existing drainage facilities. The proposed map will create condominium units within a professional office building. No changes to this structure or site are proposed. All drainage impacts for the project site have been previously reviewed under Planning Application No. PA00-0397 and the Temecula Regional Center EIR. No new adverse impacts to the existing drainage facilities are anticipated as a result of the project. G1PLANNING\2013\PA13-0283 Schafer Condo Map\Planning\Hearing Items\Staff Report.doc 3 All lots created by the proposed subdivision, and any remainder parcels, comply with all requirements of the Subdivision Map Act, the Development Code, the Municipal Code and this title. The project has been reviewed in order to ensure compliance with the Subdivision Map Act, the Development Code, and the Municipal Code and the project has been determined to meet the requirements of these codes. No dedications, easements, restrictions, or fee title in off-site property interest are being granted to the City or any public agency as a function of the subdivision. The applicant has proposed no dedications, easements, restrictions, or fee title in off-site interest, are being granted to the City or any public agency as a function of the subdivision as part of the application. No agreements involving the City, or any maintenance entities are required as part of the conditions of approval of the subdivision The applicant has proposed no agreements involving the City, or any maintenance entities as part of the subdivision. No mitigation measures are required as part of the Conditions of Approval of the subdivision. Staff has determined that no mitigation measures are required as part of the Conditions of Approval for the subdivision. All improvements for the project site and the area immediately surrounding the project site have been previously installed and inspected. Four or fewer residential lots or land divisions created pursuant to Section 66426, (a), (b), (c) and (d) of the Government Code are created by the subdivision. The project will allow for 6 professional office condominiums to be created within an existing office building. This building is located on a single lot. No modifications to the legal boundaries of this lot are proposed by the project. Furthermore, no additional lots are proposed as part of the project. No public improvements are required as part of the subdivision. The project is located within an existing professional office structure in an office park. The area surrounding the project site is fully developed and includes all necessary improvements. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing G:\PLANNING\2013\PA13-0283 Schafer Condo Map\Planning\Hearing Items\Staff Report.doc 4 VICINITY MAP PLAN REDUCTIONS o m� s 3g 4Gp�t y $ a 7 g 1"N 1 tl:'3� k 85 N 8 E 3 3 A w V d 8 JT LUJ --- CD -c Lo ¢ d @ ! J e $ pp O LLJ Wa a 4 z J F-- W \ m Q Z O W W U > �� \ N LJ of z $$ a Q m� C LiJ \ M } i A spa S1$ Eat E g b 4 EE =e sit 6� s�4 S E E3 3� & , �� 7 8 7 Is10 — — — — — — — — 7i h pg 1 1i it g� ypgg p� gggg gg� yg�yg�N �� y r . W E) 8 DH RESOLUTION DH RESOLUTION NO. 14- A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0283, A TENTATIVE PARCEL MAP APPLICATION (INCLUDING A WAIVER OF FINAL MAP) FOR CONDOMINIUM PURPOSES TO CREATE 6 INDIVIDUAL OFFICE SPACE UNITS AT AN EXISTING TWO-STORY, 18,600 SQUARE FOOT OFFICE BUILDING, LOCATED AT 41619 MARGARITA ROAD (APNS 921-830-0019 AND 921-830- 023) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On December 17, 2013, Michael Schafer filed Planning Application No. PA13-0283, a Tentative Parcel Map with a Final Map Waiver 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 Director of Community Development, at a regular meeting, considered the Application and environmental review on March 27, 2014, 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 Director of Community Development approved Planning Application No. PA13-0283 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA13-0283, conformed to the City of Temecula's General Plan, Development Code and Subdivision Ordinance. Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA13-0283, hereby makes the following findings as required by Section 16.15.100 of the Temecula Municipal Code: A. All parcels created front on existing maintained public roads, improved in accordance with current City standards; The condominium map will allow 6 professional office units to be created within an existing building. This building and all associated improvements were evaluated as part of Planning Application No. PA00-0397 and have all since been constructed. In addition, the project fronts existing public roads that are improved in accordance with City standards. B. All parcels created are serviced by sanitary sewer facilities, in accordance with current City standards; The condominium units will be created within an existing professional office structure. In addition no new parcels will be created. The existing structure is serviced by sanitary sewer facilities that are in accordance with current City standards. C. Adequate water supply is available to all parcels; The condominium units will be created within an existing professional office structure. In addition no new parcels will be created. The existing structure is currently serviced by an adequate water supply. D. The proposed land division will not have an adverse impact on the environment or on surrounding properties; The proposed map will create condominium units within a professional office building. No changes to this structure or site are proposed. All environmental impacts for the structure have been previously reviewed under Planning Application No. PA00-0397 and the Temecula Regional Center EIR. No new adverse environmental impacts are anticipated as a result of the project. E. The proposed land division will not have an adverse impact on existing drainage facilities; The proposed map will create condominium units within a professional office building. No changes to this structure or site are proposed. All drainage impacts for the project site have been previously reviewed under Planning Application No. PA00-0397 and the Temecula Regional Center EIR. No new adverse impacts to the existing drainage facilities are anticipated as a result of the project. F. All lots created by the proposed subdivision, and any remainder parcels, comply with all requirements of the Subdivision Map Act, the Development Code, the Municipal Code and this title; The project has been reviewed in order to ensure compliance with the Subdivision Map Act, the Development Code, and the Municipal Code and the project has been determined to meet the requirements of these codes. G. No dedications, easements, restrictions, or fee title in off-site property interest are being granted to the City or any public agency as a function of the subdivision; The applicant has proposed no dedications, easements, restrictions, or fee title in off-site interest, are being granted to the City or any public agency as a function of the subdivision as part of the application. H. No agreements involving the City, or any maintenance entities are required as part of the Conditions of Approval of the subdivision; The applicant has proposed no agreements involving the City, or any maintenance entities as part of the subdivision. I. No mitigation measures are required as part of the Conditions of Approval of the subdivision; Staff has determined that no mitigation measures are required as part of the Conditions of Approval for the subdivision. All improvements for the project site and the area immediately surrounding the project site have been previously installed and inspected. J. Four or fewer residential lots or land divisions created pursuant to Section 66426, (a), (b), (c) and (d) of the Government Code are created by the subdivision; The project will allow for 6 professional office condominiums to be created within an existing office building. This building is located on a single lot. No modifications to the legal boundaries of this single lot are proposed by the project. Furthermore, no additional lots are proposed as part of the project. K. No public improvements are required as part of the subdivision; The project is located within an existing professional office structure in an office park. The area surrounding the project site is fully developed and includes all necessary improvements. Section 3. Environmental Findings. The Director of Community Development hereby makes the following environmental findings and determinations in connection with the approval of the Tentative Parcel Map with a Final Map Waiver Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15162, Subsequent EIRs and Negative Declarations): This project is within the Temecula Regional Center Specific Plan No. 263 for which an Environmental Impact Report (EIR) was prepared and certified. Under California Environmental Quality Act (CEQA) guidelines, Section 15162 (Subsequent EIRs and Negative Declarations) this project is exempt from further review and a Notice of Exemption has been prepared. CEQA Section 15162 applies when an EIR has been certified or negative declaration adopted for a project. No subsequent EIR shall be prepared for that project unless there are substantial changes not discussed or examined in the EIR. No structural or site modifications have been proposed as part of the project and the proposed condo map will not result in substantial change not discussed or examined in the EIR prepared for the Temecula Regional Center. In addition, uses will remain in compliance with the Temecula Regional Specific Plan (SP -7). Therefore, the proposed project is eligible for a CEQA exemption pursuant to Section 15162 of the CEQA guidelines. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA13-0283, a Tentative Map application, including a waiver for a Final Map, for condominium purposes to create 6 individual office space units at an existing two-story 18,600 square foot office building located at 41619 Margarita Road (APN: 921-830-019 & 921-830-023) 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 Director of Community Development this 27th day of March, 2014. Armando G. Villa, AICP Director of Community Development I, Cynthia Lariccia, Secretary of the Temecula Director's certify that the forgoing DH Resolution No. 14- was duly and the Director of Community Development of the City of Temecula thereof held on the 27th day of March, 2014. Hearing, do hereby regularly adopted by at a regular meeting Cynthia Lariccia, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA13-0283 Project Description: A Tentative Parcel Map application, including a Waiver of Final Map, for condominium purposes to create 6 individual office space units at an existing two-story 18,600 square foot office building located at 41619 Margarita Road (APNs: 921-830-0019 and 921- 830-023). Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: PLANNING DIVISION 921-830-023 and 921-830-019 N/A (No New Square Footage/Grading) N/A (No New Square Footage) N/A (No New Square Footage) N/A (Non -Residential Project) March 27, 2014 March 27, 2017 Within 48 Hours of the Approval of This Project PL -1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) 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 Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements PL -2. Indemnification of the City. 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, GAPLANNING\2013\PA13-0283 Schafer Condo Map\Pla n ning\Hea ring Items\COA document.doc 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 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. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. Expiration. 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, or use of a property in conformance with a Conditional Use Permit. PL -5. Time Extension. The Director of Community Development 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. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 7 (Temecula Regional Center). PL -7. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the EIR for the Temecula Regional Center. PL -8. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. PL -9. Certificate of Compliance. An application for Certificate of Compliance shall be submitted for review. PL -10. Compliance with Previously Approved CC&Rs. All owners and successive owners of the office suites must be in full compliance with the originally approved CC&Rs for the Overland Corporate Center. PL -11. Property Owners Association. A Property Owners Association may not be terminated without prior City approval. BUILDING AND SAFETY DIVISION B-1 Previous Conditions. All previous conditions for this project and Specific Plan will remain in full force and effect unless superseded by more stringent requirements herein. GAPLANNING\2013\PA13-0283 Schafer Condo Map\Planning\Hearing Items\COA document.doc FIRE PREVENTION F-1. Previous Conditions. All previous conditions for this project and Specific Plan will remain in full force and effect unless superseded by more stringent requirements herein. POLICE DEPARTMENT PD -1 Previous Conditions. All previous conditions for this project and Specific Plan will remain in full force and effect unless superseded by more stringent requirements herein. PUBLIC WORKS DEPARTMENT PW -1 Previous Conditions. All previous conditions for this project and Specific Plan will remain in full force and effect unless superseded by more stringent requirements herein. GAPLANNING\2013\PA13-0283 Schafer Condo Map\Planning\Hearing Items\COA document.doc NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula Community Development Director to consider the matter described below: Case No: PA13-0283 Applicant: Michael Schafer Proposal: A Tentative Parcel Map application, including a Waiver of Final Map, for condominium purposes to create 6 individual office space units at an existing two- story 18,600 square foot office building located at 41619 Margarita Road (APNs 921-830-0019 and 921-830-023). Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15162, Subsequent EIRs and Negative Declarations) Case Planner: Eric Jones, (951) 506-5115 Place of Hearing: City of Temecula, Great Oak Conference Room Date of Hearing: March 27, 2014 Time of Hearing: 1:30 p.m. Project Site, 11 �I VIII 7770 The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Director's Hearing. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.org. Any Supplemental Material regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.org — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400. GAPLANNING\2013\PA13-0283 Schafer Condo Map\Planning\Hearing ItemsTH NOPH.doc