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HomeMy WebLinkAbout2021-03 DH ResolutionDH RESOLUTION NO.2021-03 A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA21-0567, A TENTATIVE PARCEL MAP TO CREATE SIX LOTS FROM TWO LOTS WITHIN AN EXISTING COMMERCIAL CENTER GENERALLY LOCATED ON THE SOUTHEAST CORNER OF RANCHO CALIFORNIA ROAD AND MEADOWS PARKWAY, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN: 954-030- 002, 954-030-003) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On April, 16, 2021, Rene Varga, on behalf of Spehar Temecula Center, LP., filed Planning Application No. PA21-0567, a Tentative Parcel Map Application, 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 September 9, 2021, 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. PA21- 0567 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA21-0567, conformed to the City of Temecula's General Plan Development Code (Subdivision, Development Agreement). Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA21-0567, hereby makes the following findings as required by Development Code Section 16.09.140 (Tentative Maps). 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.; Each lot will conform to the minimum lot size requirement of the Neighborhood Commercial zoning district and will have reciprocal access across other parcels created on the same site. Conditions of approval will ensure that CC&Rs maintain the common - use facilities such as parking, trash enclosures, sidewalks, and landscaping. 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 land division is not land designated for conservation or agricultural use. C. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The project site contains a fully operational commercial center. No physical modifications to the site or existing structures are proposed as part of the project. It has been determined that the site remains physically suitable for the type and density of existing development. Furthermore, the project is consistent with the General Plan, as well as the development standards for the Neighborhood Commercial zoning designation. D. The design of the subdivision and the proposed improvements, with conditions of approval, are either 1) Not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; or 2) An environmental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081(a) (3), finding that specific economic, social, or other consideration make infeasible mitigation measures or project alternatives identified in the environmental impact report. The project is fully developed and is consistent with the previously adopted Mitigated Negative Declaration and is therefore not likely to cause significant environmental impacts. 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 to ensure compliance with the Building, Development, and Fire Codes. These codes contain provisions to ensure projects do not cause serious public health problems. Negative impacts are not anticipated. 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 site is fully developed and operational. Physical modifications to the site or existing structures are not proposed as part of the project. The project will continue to provide for the future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. 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 required 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). This map is for non-residential use and will not be subject to Quimby fees. Section 3. 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 15301(k), Class 1, Existing Facilities). The proposed project is a subdivision of a fully operational existing commercial center. No physical changes to the site or existing structures are proposed as part of the project. Therefore, the project meets the requirements for a categorical exemption under CEQA Section 15301(k). Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA21-0567, a Tentative Parcel Map to create six lots from two lots within an existing commercial center generally located on the southeast corner of Rancho California Road and Meadows Parkway, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Community Development this 91h day of September, 2021 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. 2021-03 was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 9'h day of September, 2021 Denise taaobo, Secretary Planning Application No.: Project Description Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In -lieu of Fee: Approval Date: Expiration Date PLANNING DIVISION EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL PA21-0567 Meadows Village TPM: A Tentative Parcel Map to create six lots from two lots within an existing commercial center generally located on the southeast corner of Rancho California Road and Meadows Parkway. 954-030-002 954-030-003 N/A (No New Square Footage or Grading) N/A (No New Square Footage) Per WRCOG Standards N/A (Non -Residential Project) N/A (Not Located within the uptown Temecula Specific Plan) September 9, 2021 September 9, 2024 Within 48 Hours of the Approval 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 Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Determination 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 regard 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. A modification made to an approved development plan does not affect the original approval date of a development plan. 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. A modification made to an approved development plan does not affect the original approval date of a development plan. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 3 (Margarita Village). 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. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. Previous Conditions of Approval. All previous Conditions of Approval from PA04-0200 shall remain in full effect unless superseded herein. 9. 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 Temecula Municipal Code, upon written request, if made 60 days prior to the expiration date. 10. Subdivision Phasing. If subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Community Development Director. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 11. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy, or any use allowed by this permit. Prior to Recordation of the Final Map 12. Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning Division. 13. 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 Liquefaction Hazard Zone. 14. Submittal of CC&Rs. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and approved by the Director of Community Development. The CC&Rs shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings, and all landscaped and open areas, including parkways. Applicants shall provide a deposit in the amount of $3,750 for the review of new CC&Rs. Amended CC&Rs will require a deposit of $2,000. The applicant shall be responsible for all costs incurred during the review of the CC&Rs and additional fees may be required during the course of the review. 15. Form and Content of CC&Rs. The CC&Rs shall be in the form and content approved by the Director of Community Development, 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 interests of the City and its residents. 16. Preparation of CC&Rs. The CC&Rs shall be prepared at the developer's sole cost and expense. 17. Review of CC&Rs. The CC&Rs and Articles of Incorporation of the Property Owners Association are subject to the approval of the Director of Community Development, Public Works Director, and the City Attorney. 18. CC&Rs and Management/Maintenance of Common Areas. The CC&Rs shall provide for the effective establishment, operation, management, use, repair, and maintenance of all common areas, trash facilities, drainage facilities, and pollution prevention devices outlined in the project's Water Quality Management Plan. 19. CC&Rs and Public Nuisance. The CC&Rs shall provide that the property shall be developed, operated, and maintained so as not to create a public nuisance. 20. Termination of CC&Rs. The CC&Rs shall provide that the association may not be terminated without prior City approval. 21. CC&Rs and Maintenance of Property. The CC&Rs shall provide that if the property is not maintained in the condition required by the CC&Rs, 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 CC&Rs or the Temecula Municipal Code. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. 22. Interest in Association. Every owner of a suite or lot governed by CC&Rs shall own as an appurtenance to such suite or lot, either: (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. 23. Maintenance of Open Areas. All open areas and landscaping governed by CC&R shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning Divisions and Public Works Department prior to the issuance of building permits. 24. Reciprocal Easements. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives, parking areas, drainage facilities, and water quality features, shall be provided by the CC&Rs or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. 25. Consent of City of Temecula. An Article must be added to every set of CC&Rs, following the Declarant's signature, to read as follows: CONSENT OF CITY OF TEMECULA The Conditions of Approval for Tentative Tract Map No. (insert #) require the City of Temecula to review and approve the CC&Rs for the Parcel. The City's review of these CC&Rs has been limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolutions of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the CC&Rs. Luke Watson Director Community Development Approved as to Form: Peter M. Thorson City Attorney 26. Consent of City of Temecula. An Article must be added to every set of CC&Rs to read as follows: Article CONSENT OF CITY OF TEMECULA 1. The Conditions of Approval of Tentative Tract Map Number requires the City to review and approve the CC&Rs for the Parcel. 2. Declarant acknowledges that the City has reviewed these CC&Rs and that its review is limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessment procedures, assessment enforcement, resolution of disputes or procedural matters. 3. In the event of a conflict between the Conditions of Approval of the land use entitlements issued by the City for the Parcel or Federal, State, or local laws, ordinances, and regulations and these CC&Rs, the provisions of the Conditions of Approval and Federal, State or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the CC&Rs. 4. These CC&Rs shall not be terminated, amended or otherwise modified without the express written consent of the Director Community Development of the City of Temecula. 4 27. Operation of Association. No lot or suite in the development shall be sold unless a corporation, association, property owners group or similar entity has been formed with the right to assess all properties individually owned orjointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&Rs, which shall include compulsory membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&Rs shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 28. Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. 29. Copies of CC&Rs. Three copies of the final recorded CC&Rs shall be provided to the Planning Division. 30. Landscaping. Prior to approval of the CC&R document, all landscaping must be brought back to conformance with the approved landscaping plan for the entire center. In addition, the site, including the slope, must be cleared of all refuse items. (Added at the September 9, 2021 Director's Hearing) PUBLIC WORKS DEPARTMENT General Requirements 31. Subdivision Map. The developer shall submit a complete 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. 32. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 33. Access restriction. The existing westerly access onto Rancho California Road shall be restricted to a right-in/right-out movement. 34. Access Restriction. The existing easterly access onto Rancho California Road shall be restricted to a right-in/right-out/left-in movement. 35. Access Restriction. The existing northerly access onto Meadows Parkway shall be restricted to a right-in/right-out movement. Prior to Recordation of the Final Map 36. 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. 37. Plans, Agreements & Securities. The developer shall submit executed subdivision monumentation agreement and posted security. 38. 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. 5 39. Right of Access. Relinquish and waive right of access to and from Rancho California Road on the Parcel Map with the exception of two openings as delineated on the approved Tentative Parcel Map. 40. Right of Access. Relinquish and waive right of access to and from Meadows Parkway on the Parcel Map with the exception of two openings as delineated on the approved Tentative Parcel Map. 41. Easements. Note the following: a. An easement shall be dedicated for public utilities and emergency vehicle access for all private drives. b. Private easements for cross -lot drainage and reciprocal access shall be delineated and noted on the Parcel Map. c. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map. d. 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 Parcel Map stating: "Drainage easements shall be kept free of buildings and obstructions." 42. Parkway Landscaping. All parkway landscaping areas shall be privately maintained. 43. 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. FIRE PREVENTION General Requirements 44. Fire Hydrant Clearance. As required by the California Fire Code, when any portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus road, as measured by an approved route around the exterior of the facility or building, on -site fire hydrants and mains shall be provided where required by the fire code official. (CFC Chapter 5). Prior to Issuance of Building Permit(s) 45. Required Submittals (Fire Sprinkler Systems). For any changes to the existing fire sprinkler system, fire sprinkler tenant improvement 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. 46. Required Submittals (Fire Alarm Systems). For any changes to the existing fire alarm monitoring systems, fire alarm tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 47. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (Temecula Municipal Code Section 15.16.020). 48. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5).