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HomeMy WebLinkAbout15-05 DH Resolution DH RESOLUTION NO. 15-05 A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-0514, A TENTATIVE PARCEL MAP (NO. 36970) FOR CONDOMINIUM PURPOSES WITH A FINAL MAP WAIVER TO ESTABLISH TEN SEPARATE COMMERCIAL CONDOMINIUMS WITHIN AN EXISTING 29,603 SQUARE FOOT COMMERCIAL BUILDING LOCATED ON A 1.48 ACRE LOT, AT 44605 AVENIDA DE MISSIONES, GENERALLY LOCATED 800 FEET SOUTH OF TEMECULA PARKWAY, WEST OF AVENIDA DE MISSIONES AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 961-290-002) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On April 07, 2015, Dennis Janda filed Planning Application No. PA15- 0514, 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 Director of Community Development, at a regular meeting, considered the Application and environmental review on December 03, 2015, 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. PA15-0514 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA15-0514 conformed to the City of Temecula's General Plan Development Code. Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA15-0514, hereby makes the following findings as required by Section 16.09.140 of the Temecula Municipal Code. A. The proposed subdivision, design, and improvements are in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; Tentative Parcel Map No. 36970 has been designed in a manner that is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code. The project meets all development and design standards as required in the General Plan, Subdivision Ordinance, Development Code and the Municipal Code. The project involves creating ten ownership condominium units with a common open space in an existing commercial building, and does not require any additional improvements or changes in the original project design. B. The Tentative Parcel Map does not propose to divide land which is subject to a contract entered into pursuant to the California Lands Conservation Act of 1965; The subject parcel does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. The subject property has not been designated for conservation or agricultural land, and is not subject to the California Land Conservation Act of 1965. The proposed map will create ten air-space condominium "units" to be individually owned along with an open space area within a previously approved commercial building on a single parcel. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map; The project consists of a Tentative Parcel Map for condominium purposes on property designated for commercial development, which is consistent with the General Plan. Furthermore, the Planning Commission approved a Development Plan (PA12-0178) for the building associated with this project on July 17, 2013. The proposed Tentative Parcel Map would create ownership units within the building in the approved Development Plan, but would not result in changes to the site plan, building floor plans, or building elevations approved by the Planning Commission. 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 proposed Tentative Parcel Map is eligible for a categorical exemption pursuant to section 15315 (Minor Land Division) of the California Environmental Quality Act. No impacts beyond those already identified for the approved Development Plan are anticipated from the creation of the condominium units. 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 and commented on by the Fire Department, the Public Works Department, the Building and Safety Department, and the Temecula Community Services District. As a result, the project is conditioned to address their concerns. Further, provisions are made in the General Plan and the Development Code to ensure that the public health, safety, and welfare are safeguarded. The project is consistent with these documents. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; A Development Plan and building plans have been designed and approved for the site. The approved Development Plan (PA15-0514) was conditioned to require that prior to the issuance of building permits, and prior to any construction, that the applicant submits building plans to the City of Temecula Building Department. These plans required that the project comply with all applicable Uniform Building Codes. To the extent feasible, the Development Plan and building plans allow for future passive or natural heating or cooling opportunities. The proposed Tentative Parcel Map will not alter the approved design of the Development Plan or the buildings. 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; All required rights-of-way and easements have been provided on the Tentative Parcel 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 and is consistent with the Quimby Act; This map does not include any residential units and therefore will not be subject to Quimby fees. 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 Tract 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). The property is located in an urbanized area zoned for professional office (PO) use. The division of the property will create ten ownership units for the building, but will maintain only one parcel. The Tentative Parcel Map is in conformance with the General Plan and the professional office zoning and no variances or exceptions are required. All services and access to the site are available and the parcel was not involved in a division of a larger parcel within the previous two years. Finally, the parcel does not have an average slope greater than 20 percent. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA15-0514, 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 Co unity Development this 3rd day of December, 2015. ZZ I L e . son Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 15-05 was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 3rd day of December, 2015. Denise Jaco o, Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA15-0514 Project Description: A Tentative Parcel Map (No. 36970) for condominium purposes with a Final Map Waiver for Parker Medical Center, which includes a 29,603 square foot commercial building on a 1.48 acre lot located at 44605 Avenida de Missiones. Assessor's Parcel No.: 961-290-002 MSHCP Category: N/A (no new grading — required under PA12-0178) DIF Category: N/A (no additional square footage — required under PA12-0178) TUMF Category: N/A(no additional square footage — required under PA12-0178) Quimby Category: N/A(non-residential) Approval Date: December 03, 2015 Expiration Date: December 03, 2018 PLANNING DIVISION Within 48 Hours of the Approval 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 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, 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. 3. 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, 4. 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 three (3) one-year extensions of time, one year at a time. 5. 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. 6. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. Prior to Recordation of the Final Map 8. Submittal of CC&Rs. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and approved by the Director of Community Development. 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. 9 Form and Content of CC&Rs. The CC&Rs shall be in the form and content approved by the Director of Community Development, 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. 10. Preparation of CC&Rs. The CC&Rs shall be prepared at the developer's sole cost and expense. 11. CC&Rs and Management/Maintenance of Common Areas. 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. 12. CC&Rs and Public Nuisance. The CC&Rs shall provide that the property shall be developed, operated, and maintained so as not to create a public nuisance. 13. Termination of CC&Rs. The CC&Rs shall provide that the association may not be terminated without prior City approval. 14. CC&Rs and Maintenance of Property. 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 property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. 15. Interest in Association. 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. FIRE PREVENTION General Requirements 16 Traffic Calming Devices. All traffic calming devices that could impede or slow emergency vehicle access are prohibited, except those expressly approved by the Fire Prevention Bureau individually on a case by case basis when they maintain the required travel widths and radii. 17 Fire Requirement. Fire Department access points shall be maintained at all times. Prior to Issuance of Grading Permit(s) 18 All Weather Access Roads. Fire apparatus access roads and driveways shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lb. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and Temecula City Ordinance 15.16.020)