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HomeMy WebLinkAbout04_029 DH Resolution DH RESOLUTION NO. 2004 -29 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0374, TENTATIVE PARCEL MAP NO. 32483-WAIVER, TO SUBDIVIDE 4.87 ACRES (2 EXISTING PARCELS) INTO THREE (3) COMMERCIAL PARCELS WITH A MINIMUM LOT SIZE OF 1.52 ACRES, LOCATED ALONG THE EAST SIDE OF RIDGE PARK DRIVE SOUTH OF RANCHO CALIFORNIA ROAD, KNOWN AS ASSESSOR PARCEL NUMBERS 940-310-028 AND 940-310-032. WHEREAS, Redhawk Communities, Inc. filed Planning Application No. PA04-0374, in a manner in accord with the City of Temecula General Plan, Development Code, and Subdivision Ordinance; WHEREAS, Planning Application No. PA04-0374 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Director, at a regular meeting, considered Planning Application No. PA04-0374 on September 9,2004, 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; WHEREAS, at the conclusion of the Planning Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA04- 0374 subject to the conditions after finding that the project conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Director, in approving Planning Application No. PA04-0374 (Tentative Parcel Map) hereby makes the following findings as required by Section 16.09.140 of the Temecula Municipal Code: A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Subdivision Ordinance, Development Code, General Plan, and the City of Temecula Municipal Code. Staff has reviewed the proposal and finds that Tentative Parcel Map No. 32483-Waiver is consistent with the General Plan, the Subdivision Ordinance, and the Municipal Code in that the proposed project meets the design standards as required in the General Plan, Subdivision Ordinance, Development Code, and the Municipal Code. B. The tentative map does not 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 R:IP M\2004IPA04-0374 Ridge Park Drive OfficeIDRAFf STAFF REPORT.doc 6 conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. The proposed land division is not land designated for conservation or agricultural use. C. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The project consists of a Parcel Map on property designated for commercial uses, which is consistent with the General Plan, as well as the development standards for the Business Park zoning designation. 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 project consists of a Parcel Map on property designated for commercial uses, which is consistent with the General Plan, as well as the development standards for the Business Park zoning designation. The project has been reviewed subject to CEQA and has been determined to be exempt subject to CEQA Section 15315. 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 and the Building and Safety Department. As a result, the project will be 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 designed and approved for the site. 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, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. All required rights-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. H. (Quimby). The subdivision is consistent with the City's parkland dedication requirements This is a map for non-residential use and will not be subject to Quimby fees. R:IP MI2004IPA04-0374 Ridge Pack Drive OfficeIDRAFf STAFF REPORT-doc 7 Section 3. Environmental Compliance. The project has been deemed to be categorically exempt (Class 15 - Minor Land Divisions) pursuant to section 15315 of the California Environmental Quality Act. Section 4. Conditions. That the City of Temecula Director of Planning hereby approves Planning Application No. PA04-0374 (Tentative Parcel Map 32483-Waiver) a tentative parcel map to subdivide 4.87 acres (2 existing parcels) into three (3) commercial parcels with a minimum lot size of 1.52 acres, located along the east side of Ridge Park Drive, south of Rancho California Road, wwith the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 9th day of September, 2004. I Kathy D. Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 2004-029 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 9th day of September, 2004. ~~~--~~ Ka y D. Si pkin, Sec tary R:IP MI2004IPA04-0374 Ridge Pack Drive OfficeIDRAFf STAFF REPORT-doc 8 EXHIBIT A FINAL CONDITIONS OF APPROVAL R:IP MI2004IPAO4-0374 Ridge Pack Drive OfficeIDRAFf STAFF REPORT.doc 9 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No. PA04-0374 Project Description: Tentative Parcel Map No. 32483-Waiver, to subdivide 4.88 acres (2 existing parcels) into three (3) commercial parcels with a minimum lot size of 1.52 acres, located along the east side of Ridge Park Drive, south of Rancho California Road within the Crystal Ridge Business Park. Assessor's Parcel Nos.: 940-310-028 & 940-310-032 Approval Date: September 9, 2004 Expiration Date: September 9, 2006 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicanVdeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicanVdeveloper has not delivered to the Planning Department 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 60 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 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 R:IP MI2004IPA04-0374 Ridge Park Drive OfficeIDRAFf STAFF REPORT.doc 10 4. 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. All conditions for previous approvals (PA03-0272) affecting the subject property shall be completed unless otherwise amended by this approval. 5. The applicant shall sign two copies of the final conditions of approval that will be provided by the Planning Department and return one signed copy to the Planning Department for their files. 6. A Certificate of land Division Compliance shall be recorded to legalize this approval, since a Final Map Waiver has been approved. FIRE DEPARTMENT 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. 7. All locations where structures are built shall maintain approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). NO CHANGES TO DRIVEWAYS, CURBS, OR OTHER MEANS OF ACCESS WILL BE ALLOWED THAT EFFECT FIRE LANES OR FIRE DEPARTMENT ACCESS ROADS. Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 8. This development shall maintain two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. Permanent irrevocable guarantee of reciprocal access must be provided in the recorded documents for the new parcels. (CFC 902.2.1) 9. An agreement for the perpetual maintenance and repair of any and all existing underground Fire Department Water Systems, including all fire sprinkler supplies and all fire hydrants and supplies will be in place as a condition of this division to maintain available water in perpetuity and must be included with the recorded documents for each parcel. OTHER AGENCIES 10. The applicant shall comply with the recommendations set forth in the Rancho California Water District's letter dated June 14, 2004, a copy of which is attached. R:IP M\2004IPA04-0374 Ridge Pack Drive OfficeIDRAFf STAFF REPORT.doc 11 By placing my signature below, I confirm that I have read, understand and accept all of 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 subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name R:IP M\2004IPA04-0374 Ridge Pack Drive OfficeIDRAFf STAFF REPORT-doc 12 @ Itancho Water "a"',fDi,_~ John E. Hoagl_d """idcnt C.aba F. Eo S,. Vi" P~ide,t SlephenJ.Co~~ Ralph lL Daity BeD R. Drake UsaD.He=~ John V. Roaai Offi~, Bri-J.B~dy Cen","! Manag., Phmip 1- Fo,"" Di~t",rFiDan~Tre~urec E.P. "Boh" LemoM Di,...."rE.,;,œring Pc"" R. LoDek Conu-,U., LiDdaM.F"",~ futrie' Secreta".IAdminiau-ati.c Se"'¡~Mmag" C. Miebaet ""wet, 1Iea""""'KriegœlLP Cen.,a!C,"""¡ June 14,2004 .~, /I.^} ", ~{~;;~;,:~~?>;}'>" (>, íf.t '<./~:, .Y ,./ ,f " '..".:,..,.".,..'.'.'~ '" 'r.I?úZY(J';/ SUBJECT: WATER AVAILABILITY ~/ PORTION OF PARCEL NO. 22 OF PARCEL MAP NO. 12549 AND PARCEL NO.1 OF PARCEL MAP NO. 19626-2; APN 940-310-028 AND APN 940-310-032, TENTATIVE PARCEL MAP NO. 32483, I'LANNING APPLICA1'ION NO. PA04-0374 Cheryl Kitzerow, Case Planner City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 Dear Ms. Kitzerow: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off-site water facilities and the completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. This project proposes a commercial condominium development, with individual building owners and an owners' association maintaining the common property and private water, fire protection and landscape irrigation facilities. As a condition of approval for the project, RCWD requires that the City of Temecula include a Reciprocal Easement and Maintenance Agreement for these on-site private water facilities. In addition t¡¡ this agreement, RCWD will require individual water meters for each condominium unit. If you should have any questions, please contact an Engineering Services Sincerely, RANCHO CALIFORNIA WATER DISTRICT 7IJ1¿/;?JhF Development Engineering Manager 04\MM:atO69\FCF C: Bud Jones, Engineering Project Coordinator Laurie Williams, Engineering Services Supervisor Rancho C,liCo"ia Wale' Di.'ei", 42135 Wineh"t., Road. Po" Office Bu, 9017 . Tern.,u!a, C,lir".ia 92589.9017 . (9Q9) 296.6900' FAX (909) 296.6860 By ---- pLANNING APPLICATION NUMBER , TENTATIVE PARCEL MAP 32483 WITH WAIVER OF FINAL MAP IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA mAT""'- " 'NICE!. " """C<L""" ,..., ..-.y,...", fU_""""""" ".",... .., """"'" " ""C<L ,.... TOOE1H" .'" ........ , " ""C<L ...... ",...., .. ..... BY""""""-"""""""""""." ........ ........ 80'" 0£e0RDS " ."""" '.UI"', ........, HALL & FOREMAN INC. AUGUST, 2004 """"'-"'" --- --- ~-- _.~~- ~~_. -~_. --- --- -~- -- ~,- ~- -- ~~--- ê ......, ----- ---- ---- - ---- ---~- ""'" " Nn_" ~ ,. ----~~--- ~--- . --.--.-.- ~--. . ~------ _~n . -----.-- '¡:'-:::"~'::'\::"':;':::';:J!'~ . H-'--"--- ."'".. ""M'" ". ,~"n Nn_" ", :J;~ """""-"" ~ ~~~~~'t. -:::I:: \ ~. i\. , PROJEOf SlTEt ~~~ . 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