Loading...
HomeMy WebLinkAbout2020-19 PC Resolution PC RESOLUTION NO. 2020-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0992, A TENTATIVE PARCEL MAP (NO. 37561) TO COMBINE SIX INDIVIDUAL PARCELS INTO A SINGLE 0.86 ACRE PARCEL LOCATED ON THE SOUTH SIDE OF 4TH STREET, APPROXIMATELY 50 FEET WEST OF MERCEDES STREET, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15061(B)(3) AND 15332 Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 19, 2018, Planning Application No. PA18-0992 a Tentative Parcel Map was filed on behalf of the owner, Jeff Zhang 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 Planning Commission, at a regular meeting, considered the Application and environmental review on July 15, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA18-0992, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Tentative Parcel Map Application hereby finds, determines and declares that: Tentative Maps (Section 16.09.140) A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan and City of Temecula Municipal Code; Tentative Parcel Map No. 37561 has been designed in a manner that is consistent with and meets all development and design standards of the General Plan, the Subdivision Ordinance, the Development Code, the Municipal Code, and the Old Town Specific Plan. 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 commercial development, which is consistent with the Old Town Specific Plan, General Plan, and Development Code. The proposed Tentative Parcel Map would consolidate six (6) individual parcels into a single parcel. There is no development project associated with this Tentative Parcel Map. 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 eligible for a categorical exemption pursuant to section 15332 (In-Fill Development Projects) as well as Section 15061(b)(3) of the California Environmental Quality Act. The project consists of a Tentative Parcel Map on vacant property and does not propose any grading, construction or development. As conditioned, the project is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat as no development is proposed as part of the Tentative Parcel Map. E. 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 vacant property and does not propose any grading, construction or development. As such, the project is not likely to cause public health problems. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The project consists of a Tentative Parcel Map on vacant property and does not propose any grading or construction of any buildings. Any future development on the project site will be in accordance with the requirements of the California Building Code in effect at that time as it relates to heating and cooling. 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. 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. H. The subdivision is consistent with the City's parkland dedication requirements and is consistent with the Quimby Act; This Tentative Parcel Map does not include any residential units and therefore will not be subject to Quimby fees. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Modification: A. In accordance with the California Environmental Quality Act,the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, In-Fill Development Projects and Section 15061(b)(3)); Section Number 15332, Class 32, In-Fill Development Projects (a)The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The Tentative Parcel Map does not propose any specific land use on the project site. However, any project proposing development on the project site shall be consistent with the applicable General Plan designation and also meet all General Plan and Zoning policies and regulations. (b)The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project is located within City limits and is located on a project site that is vacant and is less than five acres. The proposed project is substantially surrounded by commercial development, residential development, and a major roadway. (c) The project site has no value as habitat for endangered, rare or threatened species. The proposed Tentative Parcel Map is located on a project site that is located within an MSHCP criteria cell. As part of the previous entitlement on this site the project went through the HANS/JPR process with the Regional Conservation Authority in which JPR 17-09-12-01 determined that the project is consistent with both the criteria and other plan requirements and no conservation of land was required. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The proposed project is consolidating six (6) existing parcels into a single parcel and does not propose any grading, construction or development on the project site that would result in any significant effect relating to traffic, noise, air quality, or water quality (e)The site can be adequately served by all required utilities and public services. The project site is surrounded by development and is able to be serviced by all required utilities and public services. Section 15061(b)(3) The Tentative Parcel Map is the consolidation of six(6)individual parcels into a single parcel 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 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-0992, a Tentative Parcel Map (No. 37561) to combine six individual parcels into a single 0.86 acre parcel located on the south side of 4th Street, approximately 50 feet west of Mercedes Street, and makes a finding of exemption under the California Environmental Quality Act(CEQA), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of July, 2020. l / i/ Lana rley-Trejo, hairperso / ATTEST: _ A) Lu e atson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2020-19 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of July, 2020,by the following vote: AYES: 4 PLANNING COMMISSIONERS: Telesio,Turley-Trejo, Watts,Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Guerriero r A___- PI Luke Watson Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA18-0992 Project Description: A Tentative Parcel Map (No. 37561) to combine six individual parcels into a single 0.86 acre parcel located on the south side of 4th Street, approximately 50 feet west of Mercedes Street Assessor's Parcel No.: 922-034-019 922-034-020 922-034-021 922-034-022 922-034-023 922-034-024 MSHCP Category: N/A (no new grading) DIF Category: N/A (no additional square footage) TUMF Category: N/A (no additional square footage) Quimby Category: N/A (non-residential) New Street In-lieu of Fee: N/A (no additional square footage) Approval Date: July 15, 2020 Expiration Date: July 15, 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. By use is meant the beginning of substantial construction contemplated by this approval within the three 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 (5) one-year 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 Specific Plan). 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. Prior to Recordation of the Final Map 8. Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning Division. 9. 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 10. Subdivision Map. The developer shall submit a complete Tentative/Final 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. 11. Permit restriction. No permits shall be issued unless future Development Plan applications are submitted for approval. 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. Encroachment Permits. Prior to commencement of any applicable construction,encroachment permit(s) are required and shall be obtained from Public Works for public offsite improvements. 14. 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. 15. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. Prior to Recordation of the Final Map 16. 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. 17. Plans, Agreements & Securities. The developer shall have approved improvement plans, executed subdivision improvement agreements and posted securities. 18. 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. 19. 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; or other affected agencies 20. 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(including parkway improvements)to the City's Old Town Specific 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. Improve Fourth Street along property frontage — (Old Town Specific Plan Standard) to include installation of paving, grind and overlay to centerline, rolled curb, gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) 21. Street Lights. a. Street Light Plan — Street lighting shall be designed in accordance with the latest City Standards and Specifications for LS-3 street light rates, and as determined by the City Engineer. b. Onsite and Offsite Street Lights Ownership and Maintenance — All proposed public and private street lights shall be designed in accordance with City approved standards and specifications, or as determined and approved by the City Engineer. The City shall have ownership and maintenance of all proposed public street lights and associated appurtenances, and shall be provided with adequate service points for power.The design shall be incorporated in the project's street improvement plans or in a separate street light plan as determined and approved by the City Engineer. c. Streetlight Design as LS-3 Rate Lights—All new streetlights, other than traffic signal safety lights, shall be designed as LS-3 rate lights in accordance with approved City standards and specifications, and as determined by the City Engineer. d. Street Light Service Point Addressing — The developer shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to required street light service points. Service points serving public streetlights shall be owned by the City and shall be located within public's right of way or within duly dedicated public easements. 22. 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. 23. Acquisition of Offsite Property. The developer shall make a good faith effort to acquire required offsite property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the Tract or Parcel Map for recordation, enter into an agreement to complete the improvements pursuant to Subdivision Map Act, Sections 66462 and 66462.5. The agreement shall provide for payment by the developer of all costs incurred by the City to acquire the offsite property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer (at developer's cost). The appraiser shall be approved by the City prior to commencement of the appraisal. 24. 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. 25. Property Taxes. Any delinquent property taxes shall be paid. 26. 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 27. 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 28. 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. 29. 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 30. Water Quality Management Plan (WQMP) and O&M Agreement.. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project-specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance(O&M)Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link: www.TemeculaCA.gov/WQMP. As part of the WQMP approval, the Engineer of Record shall report and certify BMP construction per City of Temecula NPDES requirements. Should the project require Alternative Compliance, the developer is responsible for execution of an approved Alternative Compliance Agreement. 31. Floodplain/Floodway Development. The site is in an area identified on the Flood Insurance Rate Maps as Flood Zone and is subject to flooding. Prior to the approval of any plans, the Developer shall demonstrate that the project complies with Chapter 15.12 of the Temecula Municipal Code for development within a Flood Zone. A Flood Plain Development Permit is required prior to issuance of any permit. 32. 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. 33. Geological Report. The developer shall complete any outstanding County geologist's requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 34. 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. 35. 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) 36. Final Map. Parcel Map Number 37561 shall be approved and recorded. Prior to Issuance of a Certificate of Occupancy 37. 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. 38. 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. 39. 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. 40. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. FIRE PREVENTION General Requirements 41. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6"x 4"x(2) 2 1/2"outlets) shall be located on fire access roads and adjacent public streets. For all Commercial projects hydrants shall be spaced at 350 feet apart, 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 fire line may be required to be a looped system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020). 42. Water Maintenance Agreement. An agreement for the maintenance and repair of any and all existing underground Fire Department water systems, including all fire sprinkler supplies, and all fire hydrants and supplies, will be in place as a condition of this division to maintain available water in perpetuity Prior to Issuance of Grading Permit(s) 43. 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 80,000 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)