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HomeMy WebLinkAbout16-05 DH Resolution DH RESOLUTION NO. 16-05 A RESOLUTION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-1669, A TENTATIVE PARCEL MAP (NO. 37044) FOR CONDOMINIUM PURPOSES TO SUBDIVIDE AN EXISTING DEVELOPED PARCEL INTO EIGHT INDIVIDUAL PARCELS AND TO ALLOW FOR INDIVIDUAL UNIT OWNERSHIPS WITHIN THE EXISTING BUILDINGS FOR AN 8.60 ACRE DEVELOPED COMMERCIAL CENTER GENERALLY LOCATED ON THE NORTH SIDE OF TEMECULA PARKWAY, APPROXIMATELY 1,300 FEET EAST OF MARGARITA ROAD, AT 32120 TEMECULA PARKWAY AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 959-410-002) Section 1. Procedural Findings. The Community Development Director of the City of Temecula does hereby find, determine and declare that: A. On November 6, 2015, Sean Savage, filed Planning Application No. PA15-1669, a Tentative Parcel Map for condominium purposes, 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 Community Development Director, at a regular meeting, considered the Application and environmental review on April 14, 2016, 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 Community Development Director approved Planning Application No. PA15-1669 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA15-1669 conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Community Development Director, in approving the Planning Application No. PA15-1669 hereby makes the following findings as required by Section 16.09.140 (Tentative Maps) of the Temecula Municipal Code: Tentative Maps (Section 16.09.140) A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan and City of Temecula Municipal Code; Tentative Parcel Map No. 37044 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 would subdivide an existing developed parcel into eight individual parcels to allow for individual ownership of existing buildings on the project site as well as allow future unit ownerships and does not require any design or improvements 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. 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. 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 and Paloma del Sol Specific Plan. The proposed Tentative Parcel Map would create eight new parcels but would not result in changes to the site plan, building floor plans, or building elevations of the existing development. 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 15301 (Existing Facilities) of the California Environmental Quality Act. No impacts beyond those already identified for the previously approved development plans are anticipated from the creation of the new parcels. 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 Planning Department. As a result, the project is conditioned to address public health concerns. Further, provisions are made in the General Plan, Development Code, and Fire and Building Codes 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. 2 Development plans and building plans have been designed and approved for the existing buildings on the project site. The approved development plans were 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 California 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 plans or the existing 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 Community Development Director hereby makes the following environmental findings and determinations in connection with the approval of the Minor Conditional Use 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); The proposed Tentative Parcel Map does not propose any expansion of the existing uses on the developed project site. The project will subdivide an existing developed parcel into eight individual parcels to allow for individual ownership of existing buildings on the project site as well as allow individual unit ownerships within the existing buildings. Conditions of Approval have been implemented to ensure the project does not cause adverse impacts to the surrounding area. Section 4. Conditions. That Community Development Director of the City of Temecula hereby approves Planning Application No. PA15-1669, A Tentative Parcel Map (No. 37044) for condominium purposes to subdivide an existing developed parcel into eight individual parcels to allow for individual ownership of the existing building on the project site as well as allow individual unit ownerships within the existing buildings for an 8.60 acre developed commercial center, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 3 Section 5. PASSED, APPROVED AND ADOPTED by the Community Development Director of the City of Temecula this 14th day of April, 2016. u atson Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No.16-05 was duly and regularly adopted by the Community Development Director of the City of Temecula at a regular meeting thereof held on the 14th day of April, 2016. Denise Jacobo, Secretary a EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA15 1669 Project Description: A Tentative Parcel Map (No. 37044) for condominium purposes to subdivide an existing parcel into eight individual parcels and to allow for individual unit ownerships within the existing buildings on the 8.60 acre developed commercial center located at 32120 Temecula Parkway. Assessor's Parcel No.: 959 410 002 MSHCP Category: N/A(no new grading) DIF Category: N/A (no additional Square footage) TUMF Category: N/A (no additional Square footage) Quimby Category: N/A (non-residential) Approval Date: April 14, 2016 Expiration Date: April 14, 2019 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 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 five (5) one year extensions of time, one year at a time. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No.4, Paloma del Sol. 6. 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. 7. 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. 8. 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 9. 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. Applicants shall provide a deposit in the amount of $3,750 for the review of new CC&RS. Amended CC&Rs will require a deposit of$2,000. The applicant shall be responsible for all costs incurred during the review of the CC&Rs and additional fees may be required during the course of the review. 10. 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. 11. Preparation of CC&Rs. The CC&Rs shall be prepared at the developers sole cost and expense. 12. Review of CC&Rs. The CC&Rs and Articles of Incorporation of the Property Owners Association are subject to the approval of the Director of Community Development, Public Works Director, and the City Attorney. 13. 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. 14. 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. 15. Termination of CC&Rs. The CC&Rs shall provide that the association may not be terminated without prior City approval. 16. 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. 17. 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. 18. Maintenance of Open Areas. 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 Division and Public Works Department prior to the issuance of building permits. 19. Consent of City of Temecula. An Article must be added to every set of CC&Rs, following the Declarant's signature, to read as follows: CONSENT OF CITY OF TEMECULA The Conditions of Approval for Tentative Parcel Map No. (insert #) 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. Luke Watson Director Community Development Approved as to Form: Peter M. Thorson City Attorney 20. Consent of City of Temecula. An Article must be added to every set of CC&Rs to read as follows: Article_ CONSENT OF CITY OF TEMECULA _1. The Conditions of Approval of Tentative Parcel Map Number requires the City to review and approve the CC&Rs for the Parcel. _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 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, 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 Director Community Development of the City of Temecula. 21. Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. 22. Copies of CC&RS. Three copies of the final recorded CC&Rs shall be provided to the Planning Division. PUBLIC WORKS DEPARTMENT General Requirements 23. Subdivision Map. The developer shall submit a complete Parcel Map submittal for review and approval. Any omission to the representation of the site conditions may require the plans to be resubmitted for further review and revision. 24. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. Prior to Recordation of the Final Map 25. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 26. Agreements & Securities. The developer shall have approved and executed improvement agreements and posted securities for monumentation. 27. Environmental Constraint Sheet (ECSI. The developer shall prepare and record an ECS with the Final or Parcel Map to delineate identified environmental concerns. The developer shall comply with all constraints per the recorded ECS along with any underlying maps related to the property. 28. Right of Access. Relinquish and waive right of access to and from Temecula Parkway on the Parcel Map with the exception of two openings as delineated on the approved Tentative Parcel Map. 29. Right of Access. Relinquish and waive right of access to and from Campanula Way on the Parcel Map with the exception of two openings as delineated on the approved Tentative Parcel Map. 30. Easements. Note the following: a. Private easements for cross lot drainage shall be delineated and noted on the Tract or Parcel Map. b. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map. C. Easements shall be shown on the Parcel Map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded, as directed by Public Works. Onsite drainage facilities located outside of road right of way shall be contained within drainage easements and shown on the Parcel Map. A note shall be added to the Tract or Parcel Map stating: "Drainage easements shall be kept free of buildings and obstructions." 31. Assessments. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision, which is part of an existing Assessment District, must comply with the requirements of said section. The developer shall submit an application for reapportionment of any assessments with the appropriate regulatory agency. 32. Property Taxes. Any delinquent property taxes shall be paid. FIRE PREVENTION General Requirements 33. Fire Requirement. Each lot will be responsible for maintaining their fire service line for their building, regardless of which lot the piping and equipment falls on.