HomeMy WebLinkAbout06_030 DH Resolution
DH RESOLUTION NO. 06-030
A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA06-0275, A TENTATIVE PARCEL MAP WITH A FINAL MAP
WAIVER TO COMBINE SIX LOTS TOTALING 0.48 ACRES FOR
THE DEVELOPMENT OF THE DALTON II BUILDING LOCATED
ON THE NORTH SIDE OF 5TH STREET, 80 FEET WEST OF
MERCEDES STREET WITHIN THE OLD TOWN SPECIFIC
PLAN
Section 1.
No. PA06-0275, in
Development Code.
Section 2. Planning Application No. PA06-0275 was processed including, but not
limited to a public notice, in the time and manner prescribed by State and local law.
Hector Correa representing HLC Engineering filed Planning Application
a manner in accord with the City of Temecula General Plan and
Section 3. The Planning Director, at a regular meeting, considered Planning
Application No. PA06-0275 on December 14, 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.
Section 4. At the conclusion of the Director Hearing and after due consideration of
the testimony, the Planning Director approved Planning Application No. PA06-0275 subject to
Conditions of Approval, after finding that the project proposed in Planning Application No. PA
06-0275 conformed to the City of Temecula General Plan and the Old Town Specific Plan.
Section 5. Findina.s. The Planning Director, in approving Planning Application No.
PA06-0275 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 the Tentative Parcel Map No. 35141 is
consistent with the General Plan, the Subdivision Ordinance, the Old Town Specific
Plan, and the Municipal Code because the project meets all applicable design
standards and requirements.
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 map does not divide land which is subject to a contract entered into pursuant 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.
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'-The project proposes to merge lots for the development of the Dalton II building. The
building is consistent with the Old Town Specific Plan, Subdivision Ordinance, and a
Development Plan (PA05-0171) for the building and has already been reviewed and
approved by City Staff and 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 in their habitat.
The proposed project will not subdivide any portions of land, there will be no significant
environmental damage caused as a result of the project.
E. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems.
The building has been reviewed and commented on by the Fire Department and the
Department of Public Works. As a result, the project was 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. This 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 been designed and approved for this site.
To the extent feasible, the development plans and building plans allow for future
passive or natural heating or cooling opportunities. The proposed 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 area substantially
equivalent to these previously acquired by the public will be provided.
All required rights-of-way and easements have been provided on the Development Plan
for the Dalton II building. The City has reviewed and approved these easements and
has found no potential conflicts.
H.
(Quimby).
The subdivision is consistent with the City's parkland dedication requirements
The Development Plan was conditioned to provide QUIMBY fees prior to issuance of
building' .
Section 6. Environmental Comoliance. In accordance with the California
Environmental Quality Act, the proposed Project has been deemed to be categorically exempt
from further environmental review. (Section 15315, Class 15, Minor Land Division)
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Section 7. Conditions. That the City of Temecula Director of Planning hereby
approves Planning Application No. PA06-0275, a parcel map to merge six lots for the Dalton II
building, as set forth on Exhibit A, attached hereto, and incorporated herein by this reference.
Section 8. PASSED, APPROVED AND ADOPTED by the City of Temecula Director
Z:ing thin4(~ecember 2006
Eme~~;nior PI~1
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that
DH Resolution No. 06-030 was duly and regularly adopted by the Director of Planning of the
City of Temecula at a regular meeting thereof held on the 14th of December, 2006.
~J~~
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA06-0275 (Tentative Parcel No. 35141)
Project Description:
A Tentative Parcel Map with a Final Map Waiver to
combine six lots for the development of the Dalton II
building located on the north side of 5th Street, 80 feet
west of Mercedes Street within the Old Town Specific
Plan
Assessor's Parcel No.:
922-024-012 and 922-024-013
MSHCP Category:
Retail CommerclaV Residential (greater than four
dwelling units)
Retail CommerclaVResidential (attached)
Retail CommerciaVResidential (multi-family)
DIF Category:
TUMF Category:
Approval Date:
December 14, 2006
Expiration Date:
December 14, 2009
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of $64.00 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 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 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 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. A Certificate of Compliance shall be submitted and approved by the Planning Department
before occupancy.
5. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
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
subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
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