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HomeMy WebLinkAbout19-02 PC ResolutionPC RESOLUTION NO. 19-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0497, A TENTATIVE PARCEL MAP TO CREATE ONE LOT FROM THREE LOTS LOCATED APPROXIMATLY 130 FEET NORTH OF THE MAIN STREET AND PUJOL STREET INTERSECTION ON THE EAST SIDE OF PUJOL STREET (APN NOS. 922-053-021, 922-053-047, 922-053-048) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 16, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-0081, a Development Plan. On April 3, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-0497, a Tentative Parcel Map. On May 10, 2018, Caleb Roope, on behalf of Golden West Communities, filed Planning Application No. PA18-0692, a Certificate of Historical Appropriateness. On September 6, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-1230, a Minor Exception. These applications (collectively "the Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on January 3, 2019, and expired on February 7, 2019. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590. D. On February 20, 2019, the Planning Commission also considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, 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 of or opposition to this matter. E. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. 19-01 "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE VINE CREEK RESIDENTIAL PROJECT CONSISTING OF APPROXIMATELY 2.27 ACRES GENERALLY LOCATED ON THE EAST SIDE OF PUJOL STREET APPROXIMATELY 130 FEET NORTH OF THE MAIN STREET AND PUJOL STREET INTERSECTION ON THE EAST SIDE OF PUJOL STREET (APN NOS. 922-053-021, 922-053-047, 922-053-048)." F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Tentative Parcel Map, Section 16.09.140 A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, any applicable Specific Plan and the City of Temecula Municipal Code.; As designed and conditioned, the proposed map is consistent with the Subdivision Ordinance, Temecula General Plan, the City of Temecula Municipal Code, and Old Town Specific Plan. This is because it is consistent with size, setbacks, water quality and other applicable standards. 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 proposed map is not subject to the California Land Conservation Act of 1965 or Williamson Land Act. In addition, the project has not been used as an agricultural use in the recent past. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The proposed map subdivides 2.27 acres to allow for affordable residential uses. The project site is currently vacant land and is suitable to accommodate the 60 housing units and related improvementsrthat are proposed on -site. The proposed Tentative Parcel Map design is consistent with the Temecula General Plan and the development standards for the Old Town Specific 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 project consists of a Tentative Parcel Map on vacant property for an affordable multi -family residential project. A Mitigated Negative Declaration (MND) has been prepared for the project. As conditioned and mitigated, the project is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 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 conditioned by the Fire, Public Works, Planning, and Building and Safety Departments. As a result, the project is consistent or has been conditioned to be consistent with Fire and Building Codes and the City's General Plan, Municipal Code, and Old Town Specific Plan, which contain provisions to protect the health, safety, and welfare of the public. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities to the extent feasible. All development must meet all appropriate Building and Fire Code requirements as they relate to passive or natural heating or cooling opportunities. 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 acquired 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. The subdivision is consistent with the City's parkland dedication requirements (Quimby Act). The project involves the construction of an affordable residential development. The project will meet all Quimby requirements through the provision of park improvements and payment of Quimby fees. Section 3. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-0497, a Tentative Parcel Map to create one lot from three existing Tots located approximately 130 north of the Main Street and Pujol Street intersection, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of February, 2019. ATTEST: Luke Wafson Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss 61 /I* Gary Watts, Chairman I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 19-02 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of February, 2019, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley Trejo, Watts, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None L k- Watson Secretary 'EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA18-0497 Project Description: Vine Creek Apartments Tentative Parcel Map: A Tentative Parcel Map application for Vine Creek Apartments that will allow three Tots to be turned into one. The project is located approximately 130 feet north of the Main Street and Pujol Street intersection on the east side of Pujol Street. Assessor's Parcel No.: 922-053-021 922-053-048 922-053-047 MSHCP Category: Greater than 14.1 DU DIF Category: • Residential Attached TUMF Category: Exempt (Ordinance 06-04) — Low Income Housing Project Quimby Category: Multi -Family Attached (5 or More Units) New Street In -lieu of Fee: N/A (Not Located within the Uptown Temecula Specific Plan Approval Date: February 20, 2019 Expiration Date: February 20, 2022 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand Four Hundred and Four Dollars and Seventy -Five Cents ($2,404.75) which includes the Two Thousand Three Hundred Fifty -Four Dollars and Seventy -Five Cents ($2,354.75) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Wildlife Code Section 711.4(c)]. General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 3. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). 6. Consistency with Development Agreements. The project and all subsequent projects within this site shall be subject to the corresponding Development Agreement. 7. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within MND No. 2019011003 8. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 9. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. Prior to Recordation of the Final Map 10. Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning Division. 11. Quimby Requirements. The developer shall satisfy the City's parkland dedication (Quimby) requirement through the payment of in -lieu fees equivalent to 0.73 acres of parkland, based upon the City's then current land evaluation. Said requirement includes a 10.36% credit for private recreational opportunities provided. (Applies prior to recordation of Final Map if a map is part of the project, or at Building Permit if a map is not a part of the project) 12. Density Bonus Agreement. Applicant shall enter into a Density Bonus Agreement with the City pertaining to Parking. 13. Disposition and Development Agreement. Execution of the Disposition and Development Agreement (DDA) with the City of Temecula as housing successor. The DDA shall include the City owned land that is contemplated to be included as part of the Final Map Contribution to the project (APN: 922-053-021 and 922-053-048) PUBLIC WORKS DEPARTMENT General Requirements 14. Subdivision Map. The developer shall submit a complete Parcel Map submittal for review and approval. Any omission to the representation of the site conditions may require the plans to be resubmitted for further review and revision. 15. Grading Permit. A grading permit for rough and/or precise grading shall be obtained from Public Works prior to commencement of any construction within private property. Grading shall be in accordance with the approved grading plan, grading permit conditions and City codes/standards. 16. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. from Public Works for public offsite improvements; and b. from Riverside County Flood Control & Water Conservation District (RCFC&WCD) if encroaching within their right-of-way. 17. PW-005: Improvement Plans. The developer shall submit improvement plans (to include public/private street plans, storm drain plans, signage and striping plans, etc.) as required for review and approval by Public Works. The designs shall be in compliance with Caltrans, Riverside County Flood Control and Water Conservation District and City codes/standards. 18. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. Prior to Recordation of the Final Map 19. Plans, Agreements & Securities. The developer shall have approved improvement plans, executed subdivision improvement agreements and posted securities. 20. Environmental Constraint Sheet (ECS). The developer shall prepare and record an ECS with the Final or Parcel Map to delineate identified environmental concerns. The developer shall comply with all constraints per the recorded ECS along with any underlying maps related to the property. 21. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. Riverside County Flood Control and Water Conservation District; b. Rancho Califomia Water District; c. Eastern Municipal Water District; d. Cable TV Franchise; e. Telephone Company; f. Southern California Edison Company; g. The Gas Company; and other affected agencies 22. Right of Access. Relinquish and waive right of access to and from Pujol Street on the Parcel Map with the exception of two (2) openings as delineated on the approved Tentative Parcel Map. 23. RCFC&WCD Approval. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations, shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to issuance of any permit. 24. PW-009: Western Bypass Corridor. The developer shall record a written offer to participate in, and waive all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed Western Bypass Corridor in accordance with the General Plan. The form of the offer shall be approved by the City. 25. Public Street Improvements and Securities. The developer shall design and guarantee construction (i.e., posting of security and entering into agreements) of the following public improvements to the City's General Plan standards unless otherwise noted. Plans shall be approved by Public Works. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Pujol Street (Old Town Specific Plan Street Standard — 60' R/W) to include removal of existing curb and sidewalk, installation of rolled curb and gutter, sidewalk, streetlights; drainage facilities, signing, striping and utilities (including but not limited to water and sewer). 26. Parkway Landscaping. All parkway landscaping areas shall be privately maintained. 27. Undergrounding Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements. 28. Undergrounding Utility Systems. All utility systems including gas, electric, telephone, water, sewer and cable TV shall be provided underground (with the required easements); and shall be designed and constructed in accordance with City codes and utility provider's standards. Telephone, cable TV and/or security systems shall be pre -wired in the residence. The developer shall notify the City's cable TV franchisees of the Intent to Develop. Conduit shall be installed to cable TV standards at time of street improvements. 29. Property Taxes. Any delinquent property taxes shall be paid. 30. Parcel Geometry. The applicant shall submit an editable projected digital version of the parcel geometry in a AutoCAD drawing format (pursuant to Riverside County standards). Prior to final approval, the City's GIS Division shall conduct quality control on the data to verify accuracy and compatibility. Prior to Issuance of a Grading Permit 31. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. Southern California Edison b. Riverside County Flood Control and Water Conservation District; or other affected agencies. 32. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all final WQMP water quality facilities and all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 33. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 34. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD). Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board . Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water issues/programs/stormwater/construction.shtml 35. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 36. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 10 and 100-year storm event for 24 hour storm duration peak flow) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, 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. 37. Floodplain/Floodway Development. The developer shall comply with the provisions of Title 15, Chapter 15.12 of the Temecula Municipal Code, which requires a Conditional Letter of Map Revision (CLOMR) from FEMA. A FEMA-approved CLOMR shall be submitted to Public Works for review and approval. The developer shall pay all fees required by FEMA (and City) for processing of the FEMA reviews. 38. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 39. Geological Report. The developer shall complete any outstanding County geologist's requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 40. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 41. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. 42. American Disability Act. The developer shall ensure that all frontage areas to the proposed development within the public right of way are ADA compliant. Any sidewalk within the. public right of way found to be non -compliant shall be the responsibility of the property owner to be removed and replaced with ADA compliant sidewalk per the Streets and Highway Code Section 5610. Prior to Issuance of Building Permit(s) 43. Final Map. Parcel Map Number 37510 shall be approved and recorded. 44. Street Lights. The developer shall submit a completed street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. 45. Floodplain/Floodway Development. The developer shall comply with the provisions of Title 15, Chapter 15.12 of the Temecula Municipal Code, which requires a Letter of Map Revision (LOMR) from FEMA. A FEMA-approved LOMR shall be submitted to Public Works. The developer shall pay all fees required by FEMA (and City) for processing of the FEMA reviews. 46. Precise Grading Plan. A precise grading plan shall be submitted to Public Works for review and approval. The plan shall be in substantial conformance with the approved rough grading plan; and shall show all lot drainage directed to the driveway by side yard drainage swales independent of any other lot. The building pad shall be certified by a registered civil engineer for location and elevation; and the soils engineer shall issue a final soils report addressing compaction and site conditions. Prior to Issuance of a Certificate of Occupancy 47. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 48. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies .(i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 49. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and. Professional Code Section 8771. 50. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works.