HomeMy WebLinkAbout00_006 PC ResolutionPC RESOLUTION NO. 2000-006
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0399,
TENTATIVE PARCEL MAP NO. 29510 TO SUBDIVIDE 3.42 VACANT
ACRES INTO TWO (2) PARCELS WITHIN THE HIGHWAY TOURIST
COMMERCIAL ZONE GENERALLY LOCATED ON THE NORTH SIDE OF
STATE HIGHWAY 79 SOUTH APPROXIMATELY 500 FEET WEST OF
MARGARITA ROAD AND STATE HIGHWAY 79 SOUTH INTERSECTION
AND KNOWN AS ASSESSOR'S PARCEL NO. 950-100-019.
WHEREAS, the Highway 79 South Medical Plaza, LLC, filed Planning Application No. PA99-
0399 (Tentative Parcel Map No. 29510) in a manner in accord with the City of Temecula General Plan,
Development Code and Subdivision Ordinance;
WHEREAS, the Application was processed including, but not limited to public notice, in the
time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered the Application on
January 19, 2000, 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 opposition to this matter;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission approved the Application subject to the conditions after finding that the
project proposed in the Application conformed with the City of Temecula General Plan, Development
Code and Subdivision Ordinance;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
reference.
That the above recitations are true and correct and are hereby incorporated by
Section 2. Findings. That the Temecula Planning Commission, in approving Planning
Application No. PA99-0399 (Tentative Parcel Map No. 29510), hereby makes the following findings as
required in Section 16.09.140 of the Temecuia Municipal Code.
A. The proposed subdivision and the design and improvements of the subdivision is
consistent with the Development Code, General Plan, any applicable specific plan and the City of
Temecula Municipal Code;
B. The tentative map does not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land
Conservation Act contract but the resulting parcels following division of the land will not be too small
to sustain their agricultural use;
C. The site is physically suitable for the type and proposed density of development
proposed by the tentative map;
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D. The design of the subdivision and the proposed improvements, with conditions of
approval, are either:
1. Not likely to cause significant environmental damage or substantially and avoidably
injure fish or wildlife or their habitat; or
2. A Notice of Exemption is being filed pursuant to Section 15315 of the CEQA
Guidelines;
E. The design of the subdivision and the type of improvements are not likely to cause serious
public health problems;
F. The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible;
G. The design of the subdivision and the type of improvements will not conflict with easements
acquired by the public at large for access through or use of property within the proposed subdivision,
or the design of the alternate easements which are substantially equivalent to those previously
acquired by the public will be provided.
H. The subdivision is consistent with the City's parkland dedication requirements (Quimby).
Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No.
PA99-0399 was made per the California Envirenmental Quality ACt Guidelines Section 15315. This
Section allows exemptions for minor land divisions that meet certain prescribed criteria. The subject
site complies with these criteda and therefore the exemption can be applied to this project.
Section 4. Conditions. That the City of Temecula Planning Commission hereby approves
Planning Application No. PA99-0399 (Tentative Parcel Map No. 29510) for the subdivision of 3.42
gross acres into two (2) lots, located north of State Highway 79 South, south of Dartolo Road, west of
Margarita Road, and known as Assessor's Parcel Nos. 950-100-019 subject to the project specific
conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference.
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Section 5. PASSED, APPROVED AND ADOPTED this 19 day of January, 2000.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of
the City of Temecula at a regular meeting thereof, held on the 19t~ day of January, 2000 by the
following vote of the Commission:
AYES:
NOES:
ABSENT:
ABSTAIN:
0
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
FAHEY, MATHEWSON, WEBSTER,
GUERRIERO
NONE
NONE
NONE
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Planning Application No:
Project Description:
Assessor's Parcel No:
Approval Date:
Expiration Date:
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
PA99-0399 (Tentative Parcel Map No. 29510)
Subdivide 3.42 vacant acres into two (2) parcels
950-100-019
January 19, 2000
January 19, 2003
PLANNING DIVISION
Within Forty-Eight (48) Hours of the ApprOval of this Project
The applicant/developer shall deliver to the Community Development Department - Planning
Division a cashier's check or money order made payable to the County Clerk in the amount
of Seventy-Eight Dollars ($78.00) for the County administrative fee, to enable the City to
file the Notice of Determination with a DeMinimus Finding for the Mitigated or Negative
Declaration required under Public Resources Code Section 21108(b) and California Code
of Regulations Section 1.5075. If within said forty-eight (48) hour period the
applicant/developer has not delivered to the Community Development Department -
Planning Division 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
2. The tentative subdivision shall comply with the State of California Subdivision Map Act and
to all the requirements of Ordinance No. 460, unless modified by the conditions listed
below. A time extension may be approved in accordance with the State Map Act and City
Ordinance, upon written request, if made 30 days prior to the expiration date.
3. The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own
selection, the City from any and all claims, actions, awards, judgements, or proceedings
against the City to attack, set aside, void, annul, 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. 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 the both the applicant and landowner
of any claim, ~btion, or proceeding to which this condition is applicable and shall further
cooperate fully in the defense of the action. The City reserves its 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.
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Prior to Issuance of Grading Permits
A copy of the Rough Grading plans shall be submitted and approved by the Planning
Division.
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.
Prior to Recordation of the Final Map
6. The following shall be submitted to and approved by the Planning Division:
a. A copy of the Final Map.
A copy of the Environmental Constra nt Sheet(ECS) with the following notes:
1)
This property is located within thirty (30) mileS of Mount Palomar
Observatory. All proposed outdoor lighting systems shall comply with the
California Institute of Technology, Palomar Observatory recommendations,
Ordinance No. 855.
2) This project is within a liquefaction hazard zone.
DEPARTMENT OF PUBLIC WORKR
The Department of Public Works recommends the following Conditions of Approval for this project.
Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any
Government Agency.
General Requirements
Ii is understood that the Developer correctly shows on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and drainage courses, and
their omission may require the project to be resubmitted for further review and revision.
A Grading Permit for either rough or precise grading shall be obtained from the Department
of Public Works prior to commencement of any construction outside of the City-maintained
road right-of-way.
An Encroachment Permit shall be obtained from the Department of Public Works prio~ to
commencement of any construction within an existing or proposed City right-of-way.
An Encroachment Permit shall be obtained from the California Department of Transportation
prior to commencement of any construction within an existing or proposed State right-of-
way.
11. All improvement plans, grading ~lans, landscape and irrigation plans shall be coordinated
for consistency with adjacent projects and existing improvements cont guous to the site and
shall be submitted on standard 24" x 36" City of Temecula myiars.
Prior to Approval of the Parcel Map, unless other timing is indicated, the Developer shall
complete the following or have plans submitted and approved, subdivision improvement
agreements executed and securities posted:
,~. As deemed necessary by the Department of Public Works, the Develcper shallr~c~,w,, o~ ,~
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13.
14.
written clearance from the following agencies:
f.
g.
h.
i.
j.
k.
Rancho California Water District
Eastern Municipal Water District
City of Temecula Fire Prevention Bureau
Planning Department
Department of Public Works
Riverside County Health Department
Cable TV Franchise
Caltrans
General Telephone
Southern California Edison Company
Southern California Gas Company
The Developer shall construct the following public improvements to City of Temecula
General Plan standards unless otherwise noted. Plans shall be reviewed and approved by
the Department of Public Works:
Improve Dartolo Road (Principal Collector Highway Standards - 78' R/W) to include
dedication of half-width street right-of-way, installation of half-width street
improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities,
signing and striping, utilities (including but not limited to water and sewer).
All street improvement design shall provide adequate right-of-way and pavement
transitions per Caltrans standards for transition to existing street sections.
Unless otherwise approved the following minimum criteria shall be observed in the design
of the street improvement plans, applicable to Parcel I of Tentative Parcel Map No.
29510 (modified by the Planning Commission on January 19, 2000):
Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum
over A.C. paving.
Driveways shall conform to the applicable City Standard Nos. 207, 207A and/or 208.
Street lights shall be installed along the public streets shall be designed in
accordance with Ordinance No. 461.
Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400
-and 401.
Design of street improvements shall extend a minimum of 300 feet beyond the
project boundaries to ensure adequate continuity of design with adjoining
properties.
f. All street and driveway centedine '
int,,.s~Jons shall be at 90 degrees.
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Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
All concentrated drainage directed toWards the public street shall be conveyed
through curb outlets per City Standard No. 301,302 and 303.
'j.
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.
A~ll utilities, except electrical lines rated 33kv or greater, shall be installed
underground.
15.
16.
Relinquish and waive right of access to and from Dartolo Road and State Route 79 South
on the Parcel Map with the exception of one access opening on Dartolo Road as delineated
on the approved Tentative Parcel Map.
Corner property line cut off for vehicular sight distance and installation of pedestrian
facilities shall be provided at all street intersections in accordance with Riverside County
Standard No. 805.
17.
All easements and/or right-of-way dedications shall be offered for dedication to the public
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.
18.
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. Prior to
City Council approval of the Parcel Map, the Developer shall make an application for
reapportionment of any assessments with appropriate regulatory agency.
19. Any delinquent prOperty taxes shall be paid.
20.
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.
A copy of the ECS shall be transmitted to the Planning Department for review and
approval. The following information shall be on the ECS:
21. The delineation of the area within the 100-year floodplain.
22. Special Study Zones..
23.
24.
Geotechnical hazards identified in the project's geotechnical report.
Archeological resources found on the site.
25.
The Developer shail comply with all constraints which may be shown upon an
Environmenta Constraint Sheet recorded with any underlying maps related to the subject
property.
~' .............................. ~- ...................................... Such
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........ '~ ~"' **'" C!?j '~';"" *" ~^ ......... * c~ *~'o .....;""' (Modified by the Planning
Commission January 19, 2000)
26.
All utility systems including gas, eleciric, telephone, water, sewer, and cable TV shall be
provided for underground, with easements provided a~ required, and designed and
constructed in accordance with City Codes and the utility provider. Telephone, cable TV,
and/or security systems shall be pre-wired in the residence.
27.
28.
The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit
shall be installed to cable 'IV Standards at time of street improvements.
An easement for a joint Use driveway shall be provided prior to approval of the Parcel Map
or issuance of building permits, whichever occurs first.
29.
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 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 Permits
30.
As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the foll0wing agencies:
a. Riverside County Flood Control and Water Conservation District
b. Planning Department
c. Department of Public Works
d. Riverside County Health Department
e. Caltrans
f. Community Services District
General Telephone
Southern California Edison Company
i. Southern California Gas Company
31. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of
Temecu~a srandaras and approved by me Deoar~men[ of Public Works prior to
commencemen[ of any grading. The Dian shall mcoroora~e aoequate erosion control
measures [o pro[ec~ the site and adjoining properties from damage due to erosion.
32. A Drainage Study shall be ~reparea by a registered Civil Engineer and submitted to the
De~ar~ment of Public Works with me nitial grading plan check. The study shall identify
storm water runoff ~uantities expected from the developmen[ of this site and upstream of
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ihe 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 runoff without 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 one hundred years.
33.
The Developer must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) permit from the State Water Resources Control Board.
34. 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.
35. 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 a format as directed by the
Department of Public Works..
36.
The site is in an area identified on the Flood Insurance Rate Maps as Flood Zone "X" and
is subject to flooding of undetermined depths. Prior to the approval of any plans, the
Developer shall demonstrate that the project complies with Chapter 15.12 of the Temecula
Municipal Code for development within Flood Zone. A Flood Plain Development Permit is
required prior to issuance of any permit. Residential subdivisions shall obtain a Letter of
Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA) prior to
occupancy of any unit. Commercial subdivisions may obtain a LOMR at their discretion.
37.
A Flood Plain Development Permit and Flood Study shall be submitted to the Department
of Public Works for review and approval. The flood study shall be in a format acceptable
to the Department and include, but not be limited to, the following criteria:
Drainage and flood protection facilities which will protect all structures by diverting
site runoff to streets or approved storm drain facilities.
Adequate p(ovision shall be made for the acceptance and disposal of surface
drainage entering the property from adjacent areas.
The impact to the site from any flood zone as shown on the FEMA flood hazard map
and any necessary mitigation to protect the site.
Identify and mitigate impacts of grading to any adjacent floodway.
The location of existing and post development 100-year floodplain and floodway
shall be shown on the improvement plan.
Prior to Issuance of Building Permits
38. Parcet IVlap shall beapproved and recorded.
39.
A Precise Grading Plan shall be submitted to the Department of Public Works for review
and approval. The building pad shall be certifie, d by a registered Civil Engineer for location
and elevation, and the Soils Engineer shall issue a Final Soils Report addressing
comoaction and site conditions.
40. Grading of the subject property shall be ~n accordance w~th the California Uniform Building
Coda. the approved grading plan. the conditions of the graoing permit. City Grading
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Standards and accepted grading construction practices. The final grading plan shall be in
substantial conformance with the approved rough grading plan.
The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and
all Resolutions implementing Chapter '15.06.
Prior to Issuance of Certificates of Occupancy
42.
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. Department of Public Works
43.
All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
44.
All improvements shall be constructed and completed per the approved plans and City
standards to the satisfaction of the Director of Public Works.
45.
The existing improvements shall be reviewed. Any appurtenance damaged or broken due
to the construction operations of this project shall be repaired or removed and replaced to
the satisfaction of the Director of Public Works.
BUILDING SAFETY DIVISION
46. Obtain street addressing for ail proposed buildings prior to submittal for plan review.
FIRE SAFETY DIVISION
The following are the Fire Department Conditions of Approval for this project. All questions
regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau.
47.
Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which are
in force at the time of building plan submittal.
48.
The Fire Prevention Bureau is required to set a minimum fire flow for commercial land
division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this
project, a water system capable of delivering 4000 GPM at 20 PSI residual operating
pressure with a 4 hour duration. The required fire flow may be adjusted dudng the approval
process to reflect changes in design, construction type, or automatic fire protection
measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has
taken into account all information as provided. (CFC 903.2, Appendix ill-A)
49. The Fire Prevention Bureau is required [o se[ minimum fire ny(3ran[ distances per CFC
Appendix Ill-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be
located on Fire Department access roads and adjacent public streets. Hydrants shall be
spaced at 350 feet apart and shall be located no more than 210 feet from any ~oint on the
street or Fire Department access road(s) frontage [o a hydrant. The required fire flow shall
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50.
be available from any adjacent hydrant(s) in the system. The upgrade of existing fire
hydrants may be required. (CF(: 903.2, 903.4.2, and Appendix III-B)
Maximum cul-de-sac length shall not exceed 1320 feet. MinimUm turning radius on any
cul-de-sac shall be forty-five (45) feet. (CFC 902.2.2.3)
51.
If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction. (CFC 8704.2 and 902.2.2)
52.
Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed. Temporary Fire Department access roads shall be an all weather surface for
80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2)
53.
Prior to building final, all locations where structures .arc.tO'be built shall have approved Fire
Department vehicle access roads to within 150 feet to any portion of the facility or any
po~ti0n of an exterior wall of the building(s). Fire Department access roads shall be an all
weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet.
( CFC sec 902)
54.
Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than th!rteen (13)
feet six (6) inches. (CFC 902.2.2.1)
55.
Prior to building construction, dead end road ways and streets in excess of one hundred
and fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus. (CFC 902.2.2.4)
56.
Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be:
signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature
block; and conform to hydrant type, location, spacing and minimum fire flow standards.
After the plans are signed by the local water company, the originals shall be presented to
the Fire Prevention Bureau for signatures. The required water system including fire
hydrants shall be installed and accepted by the appropriate water agency prior to any'
combustible building materials being placed on an individual lot. (CFC 8704.3; 901.2.2.2
and National Fire Protection Association 24 1-4.1)
57.
Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers"
shall be installed to identify fire hydrant locations. (CFC 901.4.3)
58.
All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by firefi§hting personnel. (CFC 902.4)
.OTHER AGENOIES
89.
Flood protection shall be provided in accordance with the Riverside County Flood Control
District's transmittal dated November 8. 1999. a copy of which is attached. The fee is made
payable to the Riverside County Flood Control Water'District by either a cashier's check or
money order, odor to the issuance of a grading permit (unless deferred to a later date by
the Distric0, based upon the prevailing area drainage plan fee.
60. The applicant shail comply with the recommendations set forth in the County of Riverside
Department of Environmental Health's transmittal dated October 14, 1999, a copy of which
is attached.
\\TEMEC_FS 101\VOLI\De¢ts\PLANNING~STAFFRPT~398pa99.Dc.aoc 33
By placing my signature below, I confirm that I have read, understand and accept all the above
· . Conditions of Approval. I further understand that the property shall be maintained in conformance
with t~se conditions of app~val and that any changes I may wish to make to the project shall be
su c) Communi,ty o/C ¢pmenj;
Department approval.
Applicant Signature
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