HomeMy WebLinkAbout91_002 PC ResolutionRESOLUTION NO. 91-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PARCEL MAP NO. 25686 TO
CONVERT AN EXISTING WAREHOUSE LOCATED AT 43350
BUSINESS PARK DRIVE TO A TWO UNIT CONDOMINIUM.
WHEREAS, Loren Phillips & Associates filed Parcel Map No. 25686 in accordance
with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City
has adopted by reference;
WHEREAS, said Parcel Map application was processed in the time and manner
prescribed by State and local law;
WHEREAS, the Planning Commission considered said Parcel Map on Decembe?
17, 1990, and January 7, 1991, at which time interested persons had an opportunity to testify
either in support or opposition;
WHEREAS, at the conclusion of the Commission hearing, the Commission
approval of said Parcel Map;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. ~. That the Temecula Planning Commission hereby makes
the following findings:
A. Pursuant to Government Code Section 65360, a newly incorporated
city shall adopt a general plan within thirty (30) months following incorporation.
During that 30-month period of time, the city is not subject to the requirement that
a general plan be adopted or the requirements of state law that its decisions be
consistent with the general plan, if all of the following requirements are met:
(1) The city is proceeding in a timely fashion with the preparation of
the general plan.
(2) The planning agency finds, in approving projects and taking
other actions, including the issuance of building permits, each of the
following:
(a)
There is a reasonable probability that the land use or
action proposed will be consistent with the general
plan proposal being considered or studied or which
will be studied within a reasonable time.
(b)
(c)
There is little or no probability of substantial
detriment to or interference with the future adopted
general plan if the proposed use or action is
ultimately inconsistent with the plan.
The proposed use or action complied with all other
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applicable requirements of state law and local
ordinances.
B. The Riverside County General Plan, as amended by the Southwest
Area Community Plan, (hereinafter "SWAP") was adopted prior to the
incorporation of Temecula as the General Plan for the southwest portion of
Riverside County, including the area now within the boundaries of the City. At this
time, the City has adopted SWAP as its General Plan guidelines while the City is
proceeding in a timely fashion with the preparation of its General Plan.
C. The proposed Parcel Map is consistent with the SWAP and meets
the requirements set forth in Section 65360 of the Government Code, to wit:
(1) The City is proceeding in a timely fashion with a preparation of
the general plan.
(2) The Planning Commission finds, in approving projects and
taking other actions, including the issuance of building permits,
pursuant to this title, each of the following:
(a)
There is reasonable probability that Parcel Map No.
25686 proposed will be consistent with the general
plan proposal being considered or studied or which
will be studied within a reasonable time.
(b)
There is little or no probability of substantial
detriment to or interference with the future adopted
general plan if the proposed use or action is
ultimately inconsistent with the plan.
(c)
The proposed use or action complies with all other
applicable requirements of state law and local
ordinances.
D. (1) Pursuant to Section 7.1 of County Ordinance No. 460, no
subdivision may be approved unless the following findings can be made:
a) The proposed land division is consistent with
applicable general and specific plans.
b)
That the design or improvement of the proposed
land division is consistent with applicable general
and specific plans.
c)
That the site of the proposed land division is
physically suitable for the type of development.
d)
That the site of the proposed land division is
physically suitable for the proposed density of the
development.
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e)
That the design of the proposed land division or
proposed improvements are not likely to cause
substantial environmental damage or substantially
and unavoidably injure fish or wildlife or their habitat.
f)
That the design of the proposed land division or the
type of improvements are not likely to cause serious
public health problems.
g)
That the design of the proposed land division or 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 land division. A land division may be
approved if it is found that alternate easements for
access or for use will be provided and that they will
be substantially equivalent to ones previously
acquired by the public. This subsection shall apply
only to easements established by judgment of a
coud of competent jurisdiction.
(2) The Planning Commission in recommending approval of the
proposed Tentative Tract Map, makes the following findings, to wit:
a)
The proposed Parcel Map will not have a significant
negative impact on the environment and is
categorically exempt from the requirements of
CEQA.
b)
There is a reasonable probability that this project will
be consistent with the General Plan being prepared
at this time. The project conforms to the SWAP
guidelines and to the current zoning for the site.
c)
Them is not a likely probability of substantial
detriment to, or interference with, the future adopted
General Plan, if the proposed use is ultimately
inconsistent with the plan.
d)
The proposed use complies with State planning and
zoning law. The project conforms to the current
zoning for the site and to Ordinance No. 460,
Schedule E.
e)
The site is suitable to accommodate the proposed
land use in terms of the size and shape of the lot
configurations, access, and density.
The proposed condominium conversion is not likely
to cause substantial environmental damage or
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substantially and avoidable injure fish or wildlife or
their habitat.
g)
All units have acceptable access to existing and
proposed dedication rights-of-way which are open
to, and are useable by, vehicular traffic.
h)
The proposed condominium conversion is not in
conflict with easements for access through or use of
the property within the proposed project.
The lawful conditions stated in the project's
Conditions of Approval are deemed necessary to
protect the public health, safety and general welfare.
J)
That said findings are supported by minutes, maps,
exhibits, and environmental documents associated
with these applications and herein incorporated by
reference.
E. As conditioned pursuant to SECTION 3, the Parcel Map proposed
is compatible with the health, safety and welfare of the community.
SECTION 2- Envimnm~.ntal Compliance..
Parcel Map No. 25686 is categorically exempt from the requirements of CEQA per
section 15315 (Class 15).
That the City of Temecula Planning Commission hereby approves Parcel Map No.
25686 for the conversion of an existing warehouse located at 23350 Business Park Drive to a two
unit condominium subject to the following conditions:
A. Exhibit A, attached hereto.
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PASSED, APPROVED AND ADOPTED this 7th day of January 1991
CHAIRMAN
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 7th day of
January, 1991 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
ABSTAIN:
4 PLANNING COMMISSIONERS Blair, Fahey, Ford, and Hoagland
0 PLANNING COMMISSIONERS None
0 PLANNING COMMISSIONERS None
1 PLANNING COMMISSIONERS Chairman Chiniaeff
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CITY OF TEMECULA
CONDITIONS OF APPROVAL
Parcel Map No: 25686
Project Descriptlon: To Convert an
Existing Building to a 2 Unit Condominium
Assessor's Parcel No.: 921-020-0q9
Planninq Department
The tentative subdivision shall comply with the State of California Subdivision
Map Act and to all the requirements of Ordinance a60, Schedule E, 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 explration date.
o
This conditionally approved tentative map will expire two years after the
approval date, unless extended as provided by Ordinance #60. The expiration
date is December 17, 1992.
Any delinquent property taxes shall be paid prior to recordation of the final
map.
Legal access as required by Ordinance u,60 shall be provided from the tract
map boundary to a City maintained road.
The permittee shall defend, indemnify, and hold harmless the City of
Temecula, its agents, officers, and employees from any claims, action, or
proceeding against the City of Temecula or its agents, officers, or employees
to attack, set aside, void, or annul, an approval of the City of Temecula, Its
advisory agencies, appeal boards, or legislative body concerning Parcel Map
No. 25687. The City of Temecula will promptly notify the permittee of any
such claim, action, or proceeding against the City of Temecula and will
cooperate fully in the defense. If the City fails to promptly notify the
permittee of any such claim, action or proceeding or fails to cooperate fully in
the defense, the permittee shall not, thereafter, be responsible to defend,
indemnify, or hold harmless the City of Temecula.
The applicant shall comply with the recommendations in the Fire Department
letter dated November 19, 1990, a copy of which is attached.
STAFFRPT\PM25686 1
Enclineerin.cj Department
The following are the Engineering Department Conditions of Approval for this
project, and shall be completed at no cost to any Covernment Agency. All questions
regarding the true meaning of the conditions shall be referred to the Engineering
Department.
It is understood that the Developer correctly shows all existing easements, traveled
ways, and drainage courses, and their omission may require the project to be
resubmitted for further consideration.
The Developer shall comply with the State of California Subdivision Map Act,
and all applicable City Ordinances and Resolutions.
The final map shall be prepared by a licensed land surveyor or registered
Civil Engineer, subject to all the requirements of the State of California
Subdivision Map Act and Ordinance No.
PRIOR TO RECORDATION OF THE FINAL MAP:
The developer shall receive written clearance from the followingacjenc~es.' ·
Rancho California Water District;
Eastern Municipal Water District~
City of Temecula Fire Bureau;
Planning Department;
Engineering Department;
Riverside County Health Department; and
CATV Franchise.
10. Business Park Drive shall be dedicated to 39 feet from centerline.
11.
A declaration of Covenants, Conditions and Restrictions {CC&R's) shall be
prepared by the developer and submitted to the .Director of Planning, City
Engineer and City Attorney. The CC&R's shall be signed and acknowledged
by all parolee having any record title interest in the property to be developed,
shall make the City a par~y thereto, and shall be enforceable by the City.
The CC&R"s shall be reviewed and approved by the City and recorded. The
CCSR's shall be subject to the following conditions:
a. The CC~,R's shall be prepared at the developer's sole cost and expense.
be
The CC&R's shall be in the form and content approved by the Director
of Planning, City Engineer and the City Attorney, and shall include
such provisions as are required by this approval and as said officials
deem necessary to protect the interest of the City and its residents.
The CCgR's and Articles of Incorporation of the Property Owner's
Association are subject to the approval of the Planning and Engineering
Divisions and the City Attorney. They shall be recorded concurrent
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do
with the final map. A recorded copy shall be provided to the City.
The CCRR,s shall provide for the effective establishment, operation.
management, use. repair and maintenance of all common areas and
facilities.
12.
e. The CC&R's shall provide that the property shall be developed,
operated and maintained so as not to create a public nuisance.
f. The CCSR's shall provide that if the property is not maintained in the
condition required by the CC&R's, 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 CCSR~s or the City rd~nances. The property shall be
O '
subject to a lien in favor of the City to secure any such expense not
promptly reimbursed.
Developer shall pay any capital fee for road improvements and public facilities
imposed upon the property or project, including that for traffic and public
facility mitigation as required under the EIR/Negative Declaration for the
project, in the amount in affect at the time of payment of the fee. If an interim
or fi.n? public facility mitigation fee or district has not been finally
estabhshed by the date on which Developer requests Its building permits for
the project or any phase thereof, the Developer shall execute the Agreement
for Payment of Public Facility Fee. a copy of which has been provided to
Developer. Developer understands that said Agreement may require the
payment of fees in excess of those now estimated {assuming benefit to the
project in the amount of such fees) and specifically waives its right to protest
such increas'e.
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RIVERSIDE COU,~'Y
fiRE DEPARTMENT
FIRE ~HIEF
19,.1990
(714).
in accor~&flc= w~Eh KiYerllll County Ordinances and/or recosnized fire
P=ovfde m:nlmum one (1) hour rated wall at new property line. Wall mul~ be
ccnscr~cted co ~ee~ ~S88 ~n~OCm ~ulldinG Code.
Chie~ ~Ire D~part'menC PlanNer
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