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HomeMy WebLinkAbout2020-02 DH Resolution DH RESOLUTION NO.2020-02 A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA19-1361,A TENTATIVE PARCEL MAP (TPM NO. 37615) TO SUBDIVIDE THE 5.01-ACRE PROPERTY LOCATED AT 39835 CANTRELL ROAD INTO TWO PARCELS; AND PLANNING APPLICATION NUMBER PA20-0094,A MINOR EXCEPTION TO ALLOW FOR A REDUCTION IN THE REQUIRED MINIMUM NET LOT AREA FROM 2.5 NET ACRES TO ONE 2.30 NET ACRE PARCEL AND ONE 2.43 NET ACRE PARCEL, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 957-130- 007) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On October 15, 2019, Stan Heaton on behalf of the Owner, filed Planning Application No. PA19-1361, Tentative Parcel Map (TPM No. 37615) to subdivide the 5.01 acre property located at 39835 Cantrell Road into two parcels, and Planning Application Number PA20-0094,a Minor Exception to allow for a reduction in the required minimum net acreage from 2.5 net acres to one 2.30 net acre parcel and one 2.43 net acre parcel, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Director of Community Development, at a regular meeting, considered the Application and environmental review on August 6, 2020, 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. D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Director of Community Development approved Planning Application No. PA19- 1361 and PA20-0094 subject to Conditions of Approval, conformed to the City of Temecula's General Plan Development Code. Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA19-1361 and PA20-0094, hereby makes the following fmdings as required by Development Code Section 16.09.140. A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. Tentative Parcel Map No. 37615 has been designed in a manner that is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code. As proposed, the project meets all development and design standards as required in the General Plan, Subdivision Ordinance, Development Code and the Municipal Code. 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. The subject parcel does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. The subject property has not been designated for conservation or agricultural land, and is not subject 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. The project consists of a Tentative Parcel Map on property designated for residential development and is designed consistent with the requirements of the Very-Low Density Residential Zoning District, General Plan, and Development Code. Therefore, the site is physically suitable for the type of proposed density of development proposed by the Tentative Map. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project has been reviewed to ensure consistency with the Development, Building, and Fire Codes. These codes contain provisions designed to ensure projects are not detrimental to the health, safety, and general welfare of the community. E. 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 improved property and does not propose any grading or construction. As conditioned, the project is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project consists of a Tentative Parcel Map on improved property. As conditioned, the project is not likely to cause public health problems. G. 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 in the subdivision to the extent feasible. H. 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. All required rights-of-way and easements have been provided on the Tentative Parcel Map. The City has reviewed these easements and has found no potential conflicts. I. The subdivision is consistent with the City's parkland dedication requirements and is consistent with the Quimby Act; This map will allow for new residential units that will be subject to Quimby fees. Section 3. Findings of Approval of Minor Exception, Development Code Section 17.03.060.B.I A. That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property. Due to the public right-of-way dedication required from the project for Cantrell Road, a hardship is created by the strict application of the Development Code in that the project meets the minimum lot area required to subdivide the 5.01-acre parcel if roadway dedication were not required, but is well within the allowance for a Minor Exception. As required for a Minor Exception, the proposed lot area reductions are less than 15 percent. After the reduction of lot size for the public right-of-way dedication, the net lot area of Parcel 1 will be 2.30 acres(an 8.0%reduction)and the net lot area of Parcel 2 will be 2.43 acres (a 2.8%reduction). Therefore, the proposed reduction in lot area is consistent with the Minor Exception requirements of the Temecula Municipal Code. B. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity. Permitting this Minor Exception will not grant special privileges to the applicant and is intended to meet the intent of the Very Low Density Residential District per the General Plan and Development Code. The result of permitting this Minor Exception will not be detrimental to the public welfare or to the property of other persons as the lot size reduction does not change the"Ranchette Neighborhood"described in the General Plan considering there are many examples of pre-existing non-conforming VL zoned parcels in the City less than 2.5 acres in size. The project has been reviewed and, as conditioned, has been found to be consistent with all applicable policies,guidelines,standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the protection of the public health, safety,and welfare. C. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. The project has been conditioned by the Planning, Fire, Building, Police, and Public Works Departments to protect the surrounding properties. The residential land use proposed is permitted per the VL zone and the Minor Exception will not permit uses which are not otherwise allowed in the zone. Section 4. Environmental Findings. The Director of Community Development hereby makes the following environmental findings and determinations in connection with the approval of the Tentative Parcel Map Application: A. In accordance with the California Environmental Quality Act,the proposed project has been deemed to be categorically exempt from further environmental review (Section 15061 (b)(3)). The Tentative Parcel Map is the subdivision of one parcel into two individual parcels and does not propose grading or construction of any kind on the project site. The tentative parcel map does not have potential for causing a significant effect on the environment and therefore is not subject to CEQA. Section 5. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA19-1361, a Tentative Parcel Map (TPM No. 37615) to subdivide the 5.01-acre property located at 39835 Cantrell Road into two parcels; and Planning Application Number PA20-0094, a Minor Exception to allow for a reduction in the required minimum net acreage from 2.5 net acres to one 2.30 net acre parcel and one 2.43 net acre parcel, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 6. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Community Development this 6th day of August,2020 Luke Watson Director of Community Development I,Denise Jacobo,Secretary of the Temecula Director's Hearing,do hereby certify that the forgoing DH Resolution No. 2020-02 was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 6th day of August, 2020. aQJ Denise Ja obo, Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA19-1361 Project Description: PA19-1361, a Tentative Parcel Map (TPM No. 37615) to subdivide a 5.01- acre property located at 39835 Cantrell Road into two parcels; and PA20- 0094, a Minor Exception to allow for a reduction in the required minimum net lot area from 2.5 net acres to one 2.30 net acre parcel and one 2.43 net acre parcel Assessor's Parcel No.: 957-130-007 MSHCP Category: Less Than 8.0 Dwelling Units DIF Category: Residential - Detached TUMF Category: Per WRCOG Requirements Quimby Category: Single Family Residential New Street In-lieu of Fee: N/A(Not Located Within the Uptown Temecula Specific Plan) Approval Date: August 6, 2020 Expiration Date: August 6, 2023 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. 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 Fifty Dollars ($50.00)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 Division the check as required above, the approval for the project granted shall be void by reason of 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 a time extension of up to five extensions of time, one year at a time. 5. Consistency with Zoning District. This project and all subsequent projects within this site shall be consistent with the Very-Low (VL) Residential Zoning District. 6. 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. 7. Subdivision Map Act. 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. An Extension of Time may be approved in accordance with the Subdivision Map Act and City Ordinance, upon written request, if made 60 days prior to the expiration date. 8. Minor Exception. The Tentative Parcel Map is concurrently approved with a minor exception for a reduction in required net lot area under PA20-0094. Prior to Recordation of the Final Map 9. Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning Division. 10. Environmental Constraint Sheet. A copy of the Environmental Constraint Sheet(ECS)shall be submitted to, and approved by, the Planning Division with the following notes: a.This property is located within 30 miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. b. This project is within a 100-year Flood Hazard Zone. c. This project is within a Liquefaction Hazard Zone. d. This project is within a Subsidence Zone. PUBLIC WORKS DEPARTMENT General Requirements 11. 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. 12. 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. 13. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. Prior to Recordation of the Final Map 14. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 15. Plans, Agreements & Securities. The developer shall have executed subdivision monumentation agreement and posted security. 16. Right-of-Way Dedications. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. 17. Environmental Constraint Sheet (ECS). The developer shall prepare and record an ECS with the 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. 18. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. Rancho California Water District; b. Eastern Municipal Water District; c. Cable TV Franchise; d. Telephone Company; e. Southern California Edison Company; f. The Gas Company; g. Metropolitan Water District or other affected agencies 19. Easements. Note the following: a. A 20 foot easement shall be dedicated for public utilities and emergency vehicle access for all private streets and drives. b. Private easements for cross-lot drainage shall be delineated and noted on the Tract or Parcel Map. c. Easements (when required for roadway slopes, landscape, drainage facilities, utilities, etc.) shall be shown on the Parcel Map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded, as directed by Public Works. Onsite drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the Parcel Map. A note shall be added to the Tract or Parcel Map stating: "Drainage easements shall be kept free of buildings and obstructions." 20. Private Streets. Private roads shall be designed to meet City public road standards. Unless otherwise approved, the following minimum criteria shall be observed in the design of private streets: a. Improve Cantrell Road (Private Street — 66' R/E) to include installation of street improvements, including utilities, as shown on the approved Tentative Parcel Map. b. All intersections shall be perpendicular to 90 degrees. 21. Assessments. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision, which is part of an existing Assessment District, must comply with the requirements of said section. The developer shall submit an application for reapportionment of any assessments with the appropriate regulatory agency. 22. Property Taxes. Any delinquent property taxes shall be paid. 23. Parcel Geometry. The applicant shall submit an editable projected digital version of the parcel geometry in a drawing exchange 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 24. 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 25. 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. 26. 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 27. Floodplain/Floodway Development. The developer shall comply with the provisions of Title 15, Chapter 15.12 of the Temecula Municipal Code. 28. 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. 29. 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. 30. 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. BUILDING AND SAFETY DIVISION Prior to Issuance of Grading Permit(s) 31. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 32. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 33. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. FIRE PREVENTION General Requirements 35. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. A combination of on-site and off-site hydrants (6" x 4" x 2-2 1/z' outlets) be located on fire access roads and adjacent to public streets. Hydrants shall be located no more than 6000 feet from any point on the street to the structure. If spacing is greater than 600-feet then additional sprinkler requirements will be required. 36. Fire Dept. Plan Review. 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. Prior to Issuance of Grading Permit(s) 37. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Driveway will be an all-weather surface of either cement or asphalt. (CFC Chapter 5 and City Ordinance 15.16.020). 38. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 60,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). 39. Turning Radius. Dead end driveways in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC Chapter 5 and City Ordinance 15.16.020) 40. Gradient of Access Roads. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 41. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 42. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 43. Knox Box. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC Chapter 5) 44. Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Single family residences shall have 4-inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC Chapter 5 and City Ordinance 15.16.020).