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HomeMy WebLinkAbout00_009 PC ResolutionPC RESOLUTION NO. 2000-009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0373, TENTATIVE PARCEL MAP NO. 29406 TO SUBDIVIDE A t.87 ACRE PARCEL INTO TWO (2) PARCELS WITHIN THE BUSINESS PARK ZONE GENERALLY LOCATED AT THE KNUCKLE OF ENTERPRISE CIRCLE WEST (225 FEET WEST OF THE INTERSECTION OF ENTERPRISE CIRCLE WEST AND COMMERCE CENTER DRIVE) ON AND KNOWN AS ASSESSOR'S PARCEL NO. 909-480-015. WHEREAS, Saddleback Associates, filed Planning Application No. PA99-0373 (Tentative Parcel Map No. 29406) 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 February 16, 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 con'ect and are hereby incorporated by Section 2. Findin.qs. That the Temecula Planning Commission, in approving Planning Application No. PA99-0373 (Tentative Parcel Map No. 29406) hereby makes the following findings as required in Section 16.09.140 of the Temecula Municipal Code. A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, and the City of Temecula Municipal Code. The project is compatible with the existing General Plan Land Use Designation and zoning standards of Business Park. Tentative Tract Map No. 29406 proposes to divide 1.87 acres into one 0.95 acre parcel and one 0.92 acre parcel, which exceeds the 20,000 square foot minimum lot area required by the Development 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. The tentative map has not been previously divided in the last two years and it is not designated as an agricultural land use area. R:'~TAF~9pa99po.do~ 23 C. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The site does not have any serious topographical or environmental constraints, which would inhibit the type of development permitted by the Development Code or the General Plan. 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 site is within the vicinity of infill development and is considered an infill site. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. Access and circulation are adequate for emergency vehicles. The project has been reviewed by the City's Traffic Engineer, Public Works Department and Fire Department. These departments have conditioned the map to ensure public health, safety and welfare. F. The design of the subdivision provides futura passive 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. The map proposes access from Enterprise Circle West. The proposed access points will not obstruct any easements. Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No. PA99-0373 was made per the California Environmental Quality Act Guidelines Section 15315. This Section allows exemptions for minor land divisions that meet certain prescribed criteria. The subject site complies with these cdteda 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. PA99-0373 (Tentative Parcel Map No. 29406) for the subdivision of 1.87 acres into two (2) lots, located generally located at the knuckle of Enterprise Circle West (225 feet west of the intersection of Enterprise Circle West and Commerce Center Drive) and known as assessor's parcel no. 909-480-015, subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference. R:\STAFFRFrE239pa99pc.doc 24 Section 5. PASSED, APPROVED AND ADOPTED this 16TM day of February, 2000. Rob Guem~ro;'~alrpor~on 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 16th day of February, 2000 by the following vote of the Commission: AYES: 4 NOES: 1 ABSENT: 0 ABSTAIN: 0 PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: FAHEY, MATHEWSON, TELESIO, GUERRIERO WEBSTER NONE NONE Debbie Ubnoske, Secretary R:~STAFFRPI~239pa99pc .dec EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No: Project Description: Assessor's Parcel No: Approval Date: Expiration Date: APR 1 0 By. PA99-0373 (Tentative Parcel Map No. 29406) Subdivide a 1.87 vacant acre parcel into two (2) lots 909-480-015 February 16, 2000 February 16, 2003 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project The applicantJdeveloper 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 15075. 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 abovel the approval for the project granted shall be void by reason of failure o[ condition (Fish and Game Code Section 711.4(c)). General Requirements 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. 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, action, 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. Prior to Issuance of Grading Permits 4. A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. R:\STAFFRPT\239paPPpc.doc 27 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. b. A copy of the Environmental Constraint 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. 655. 2) This project is within a liquefaction hazard zone. DEPARTMENT OF PUBLIC WORKS 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 rt 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 prior to commencement of any construction within an existing or proposed City right-of-way. 10. All improvement plans, grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 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: 11. 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 R: \STAFFRPT\239pa99pc .doc 28 12. 13. 14. 15. 16. c. Riverside County Flood Control and Water Conservation District d. City of Temecula Fire Prevention Bureau e. Planning Department f. Department of Public Works g. Riverside County Health Department h. Cable TV Franchise i. Community Services District j. General Telephone Southern California Edison Company I. 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: a. Improve Enterprise Circle West (Collector Road Standards - 66' R/W) to include sidewalk, street lights as necessary, driveway approach and utilities (including but not limited to water and sewer laterals). Relinquish and waive right of access to and from Enterprise Circle West on the Parcel Map with the exception of one opening as delineated on the approved Tentative Parcel Map. Any delinquent property taxes shall be paid. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel Map\Final 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: a. The delineation of the area within the 100-year floodplain. b. Special Study Zones. c. Geotechnical hazards identified in the project's geotechnical report. d. Archeological resources found on the site. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. R:\STAFFRPT\239pa99pc doc 29 18. 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. 19. 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 Depadment 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 shaft be kept free of buildings and obstructions." Prior to Issuance of Grading Permits 20. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: ' a. RiVerside County Flood Control and Water Conservation District b. Planning Department c. Department of Public Works d. Riverside County Health Department e. Community Services District f. General Telephone g. Southern California Edison Company h. Southern California Gas Company 21. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 22. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Deparlment of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. 23. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water 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. 24. The Developer must comply with the requirements of the National Pollutant Discharge R:\STAFFRPT\239pa99pc .doc 30 Elimination System (NPDES) permit from the State Water Resources Control Board. 25. 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. 26. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. if the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 27. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining propedies. The letters or easements shall be in a format as directed by the Department of Public Works. 28. ¸ The site is in an area identified on the Flood Insurance Rate Maps as Flood Zone "A" 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". A FloodPlain 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. 29. 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 provision 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 30. Parcel Map shall be approved and recorded. 31. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Repod addressing compaction and site conditions. 32. Grading of the subject property shall be in accordance with the Uniform Building Code, R:\STAFFRPT\239pa99pc.doc 31 the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 33. 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 34. 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 35. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 36. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 37. 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 38. Obtain street addressing for all 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. 39. The conditions for ,~;A99-0239 wil! apply to each parcel independent of the other parcel. R:\STAFFRPT\239pa99pc.doc 32 OTHER AGENCIES 40. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal for PA99-0239 dated August 2, 1999, a copy of which is attached. 41. The applicant shall comply with the recommendations set forth in Rancho Water District's transmittal dated September 29, 1999, a copy of which is attached. 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 these conditions of approval and that any changes I may wish to make to the project shall be S~partment approval. ..... .---,, ........ R:\STA FFRPT\239pa99pc.doc 33