HomeMy WebLinkAbout06_007 DH Resolution
DH RESOLUTION NO. 06-007
A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA05-0330 TENTATIVE PARCEL MAP NO. 34593 WITH A
FINAL MAP WAIVER ESTABLISHING FIVE CONDOMINIUM
UNITS IN AN EXISTING OFFICE BUILDING, ON A 1.16 ACRE
LOT, LOCATED ON 41636 ENTERPRISE CIRCLE NORTH
WHEREAS, Ryan Waufle, representing Masson & Associates filed Planning Application
No. PA05-0330, in a manner in accord with the City of Temecula General Plan, and Subdivision
Ordinance;
WHEREAS, Planning Application No. PA05-0330 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. PA05-0330 on March 30, 2006 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. PA05-
0330 subject to the conditions after finding that the project proposed in Planning Application No.
PA05-0330 conformed to the City of Temecula General Plan;
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. Findinas. The Planning Director, in approving Planning Application No.
05-0330 (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. 34593 is
consistent with the General Plan, the Subdivision Ordinance, the Development Code,
and the Municipal Code because the project meets 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;
The proposed map does not divide land designated for conservation or agricultural use
but rather for selling office/industrial "units. on a developed site.
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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 for condominium purposes on property designated
for light industrial uses, which is consistent with the General Plan. Furthermore, the
Planning Commission approved a development plan (PA98-0126) for the buildings
associated with this project on June 13, 1998. The proposed tentative parcel map
would create ownership within the buildings constructed per 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 exempt from further Environmental Review
pursuant to CEQA Section 15162, Subsequent EIR's and Negative Declarations. A
Mitigated Negative Declaration was prepared and adopted for the approved
development plan (PA98-0126). No impacts beyond those already identified for the
approved development plan are anticipated from the creation of 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 Safety 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.
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Section 3. Environmental Comoliance. The proposed project has been determined
to be consistent with the previously approved Mitigated Negative Declaration which was
approved by the Planning Commission on June 13, 1998 and, therefore, is exempt from further
Environmental Review (CEQA Section 15162 Subsequent EIR's and Negative Declarations).
Section 4. Conditions. That the City of Temecula Director of Planning hereby
approves Planning Application No. PA05-0330 (Tentative Parcel Map 34593) located on 41636
Enterprise Circle North, Assessors Parcel Number 909-282-010, subject to 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 30th day of March 2006.
n, Principal Planner
I Cynthia M. Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify
that DH Resolution No. 06-007 was duly and regularly adopted by the Director of Planning of
the City of Temecula at a regular meeting thereof held on the 30th day of March 2006.
.
~
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EXHIBIT A
AMENDED FINAL CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
AMENDED FINAL CONDITIONS OF APPROVAL
Planning Application No. PA05-0330
Project Description: A request by Masson & Associates to establish five
industrial condominium units in an existing on a 1.6
acre lot with a Final Map waiver. The project is located
on 41636 Enterprise Circle North (APN #909-282-010).
The Planning Commission approved the underlying
Development Plan (PA98-0126) on June 3, 1998.
DIF Category: Business Park/lndustrial
MSHCP Category: Industrial
TUMF Category: Business Park/lndustrial
Assessor's Parcel Nos.: 909-282-010
Approval Date: March 30, 2006
Expiration Date: March 30, 2008
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
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 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).
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GENERAL REQUIREMENTS
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Planning Department
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
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.
4. All conditions and environmental mitigations for previous approvals (PA98-0126)
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 Compliance shall be filed with the City of Temecula to finalize the
proposed condominium lots.
7. The following shall be submitted to and approved by the Planning Department prior to
issuance of a Certificate of Compliance: (Added by Hearing Officer at March 30,
2006 Director's Hearing)
a. A Reciprocal Use Agreement and maintenance agreement ensuring access to all
parcels and joint maintenance of all roads, drives or parking areas shall be
provided and shall be recorded.
b. An Owners Association shall be established and the applicant shall submit a
copy of the Covenants, Conditions, and Restrictions (CC&Rs) that address the
following:
i. CC&Rs shall be reviewed and approved by the Planning Director. The
CC&Rs shall include liability insurance, identify and include methods of
maintaining all landscape areas, drive aisles, private roads, parking areas
and other common areas.
ii. The CC&Rs shall be prepared at the developer's sole cost and expense.
iii. The CC&Rs shall be in the form and content approved by the Planning
Director, City Engineer and the City Attorney and shall include such
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provisions as are required by this approval and as said officials deem
necessary to protect the interests of the City and its residents.
iv. The CC&Rs and Articles of Incorporation of the Property Owner's
Association are subject to the approval of the Planning and Public Works
Departments and the City Attorney. They shall be recorded concurrent
with the final map. A recorded copy shall be provided to the City.
v. The CC&Rs shall provide for the effective establishment, operation,
management, use, repair and maintenance of all common areas,
drainage and facilities.
vi. The CC&Rs shall provide that the property shall be developed, operated
and maintained so as not to create a public nuisance. .
vii. 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.
viii. All open areas and landscaping 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 and Public Works
Department.
ix. A Reciprocal Use Agreement and maintenance agreement ensuring
access to all parcels and joint maintenance of all roads, drives or parking
areas shall be provided by the CC&Rs or by deeds and shall be recorded
concurrent with the map or prior to the issuance of a building permit
where no map is involved.
x. No lot or unit in the development shall be sold unless a corporation,
association, property owner's group or similar entity has been formed with
the right to assess all properties individually owned or jointly owned which
have any rights or interest in the use of the common areas and common
facilities in the development, such assessment power to be sufficient to
meet the expenses of such entity, and with authority to control, and the
duty to maintain, all of said mutually available features of the
development. Such entity shall operate under recorded CC&Rs, which
shall include compulsory membership of all owners of lots and/or units
and flexibility of assessments to meet changing costs of maintenance,
repairs, and services. Recorded CC&Rs shall permit enforcement by the
City for provisions required as Conditions of Approval. The developer
shall submit evidence of compliance with this requirement to, and receive
approval of, the City prior to making any such sale. This condition shall
not apply to land dedicated to the City for public purposes.
xi. Every owner of a unit or lot shall own as an appurtenance to such unit 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.
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Public Works
8. It 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.
Prior to Approval of the Certificate of Compliance, unless other timing is indicated, the
Developer shall complete the following or have plans submitted and approved, subdivision .
improvement agreements executed and securities posted:
9. The Developer shall verify that all corner monuments are set. Any missing monuments
shall be reset and a Record of Surveyor Corner Record filed with the Riverside County
Surveyor's Office prior to approval of the Certificate of Compliance. Evidence of the
existence of monuments andlor filing of the Record of Surveyor Corner Record shall be
submitted to the Planning Department.
Fire Prevention
10. Any previous existing conditions for this project or any underlying map will remain in full
force and effect unless superseded by more stringent requirements here.
11. 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.
12. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land
division per CFC Appendix III-A, Table A-III-A-1. The developer shall provide for this
project, a water system capable of delivering 3500 GPM at 20-PSI residual operating
pressure with a 3-hour duration. The required fire flow may be adjusted during 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
III-A)
13. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-21/2" outlets) shall be
located on Fire Department access roads and adjacent public streets. Hydrants shall be
spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet
from any point on the street or Fire Department access road(s) frontage to a hydrant.
The required fire flow shall be available from any adjacent hydrant(s) in the system. The
upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix
III-B)
14. 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 Ibs. GVW. (CFC 8704.2 and 902.2.2.2)
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15. Prior to building final, all locations where structures are to be built shall have 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). 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) .
16. 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 thirteen (13)
feet six (6) inches. (CFC 902.2.2.1)
17. 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)
18. Prior to building construction, this development and any street within serving any
commercial developments shall have two (2) points of access, via all-weather surface
roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1)
19. Prior to issuance of Building Permits, Underground Piping plans shall be Approved and
Sprinkler and Alarm plans shall be submitted, all directly to Fire Prevention.
20. 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)
21. 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)
22. 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 firefighting personnel. (CFC 902.4)
Community Services
23. The trash enclosure shall be large enough to accommodate a recycling bin, as well as,
regular solid waste containers.
24. The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
25. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris
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OUTSIDE AGENCIES
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26. The applicant shall comply with the recommendations set forth in the attached Rancho
California Water District correspondence dated November 10, 2005.
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
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November 10, 2005
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Boardd1DiRcton
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PrelJdej:l.t
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Sr. vicJ PruldeDt.
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Ralph a DtlJIy
Lfa DJ Herman
John ~ RoaaIand.
Mic~ R. McMUJan.
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PhIllip!L. Forba
AuistaDt GeaeraJ. Manaprl
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Directo~or~
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Veronica McCoy,Projept Pl/l.IlIler '.
City ofTell1~u.a. .' .
Plannitlg P~~t
PostOmce~ox 9Q33. .'
TelTlecula, CA 92589-9033
S~JECT:
~A.T, .E..R.A'v:AIL..... .~;lLP'Y, "
GUPTA iNDUSE:UAL coND-o CONVERSION
PA1{CELN6::Z5 OF;PAR~tJMAP\N6. 19582':'2
APN909-282"010;PAQS;.0:330 [pAUL GUPtA)
Dear Ms.1vICCOY: ,
. ,
Please' be advise<lt1kt theabove-re:ferenceclproperty is' located within the
boundaries of .Rancho Califonrla Watet P~stiict (RCwD), iincl is currently
pro"ided with water servige. .
. . . .
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If additional. ~ervice?rfire protectio~:isi'equired' the customer will need to
contactRCWDforfeesandreqUiremeii~. ...., . . . .
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As acommerci!ll' c:on40mUtf\lW,d~v~lopm~t,,~~i;vi~u~LpqPclffi~ qWl\er~an.d an
Owner:sAss,oci~~o~~iJ1:iJ1~.:~tlI~;~\(C.~~?~ipr9~)!R~.~~~ate~llter,~r,~.. .
protection lI11-d ,ll111-dSc.ap.e Jrngationfa9lh~~~H :RCW'Dr<!<julres' that the CIty .
include l11?eiiiproca/ P@eme71(alld gdi71tt~'art~e 4grf!em~~.tfortl1\lse(m-site
privatewaterfaCiifti'es, lIS ~coIi4ition ()f:aPPW:VlIJ:f~r#Ie;proje6t.' '.. .' . '.
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If YO~'. ~houlcf have' jPlY 'dl\l~~~ll~;'RI~~A9*~cidlffi \E~giIi~#ing
Representative at this OtDceat(951)29()46900;" ",\" .".:' .
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St:rvices
Sincerely,
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RANCHO CAtm0RN.iAwtE~;'JJisifit&r. .
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