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HomeMy WebLinkAbout2021-04 DH Resolution DH RESOLUTION NO. 2021-04 A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA21-0648,A TENTATIVE PARCEL MAP (NO. 38166) FOR CONDOMINIUM PURPOSES TO REVISE THE THREE (3) EXISTING PARCELS INTO FOUR (4) PARCELS ALLOWING FOR PHASING DURING THE CONSTRUCTION OF A PREVIOUSLY APPROVED ASSISTED LIVING FACILITY PROJECT ON A 14.19 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF DATE STREET AND YNEZ ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On May 4, 2021, Mark Grant filed Planning Application No. PA21-0648, 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 October 14, 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- 0648 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA21-0648, 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. PA21-0648, 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.; Tentative Parcel Map No. 38166 has been designed in a manner that is consistent with the Harveston Specific Plan, General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code. 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, 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 consists of a Tentative Parcel Map on property designated for commercial development, which is consistent with the Harveston Specific Plan, General Plan, and Development Code. The proposed Tentative Parcel Map would allow for phasing during the construction of the previously approved project. 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 consistent with the previously adopted Environmental Impact Report and SEIR and is not therefore 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 does not propose any development of any commercial or residential buildings, only the creation of four (4) parcels for phased construction. 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). On August 14, 2001, the City Council certified the Program Environmental Impact Report for the Harveston Specific Plan (SCH#99041033). Amendment No. 1 to the Harveston Specific Plan (SP 13) was approved on August 26, 2003 by the adoption of Resolution No. 03-110. A Subsequent Environmental Impact Report (SEIR) was prepared and certified on December 1, 2020 in connection with the second amendment to the Harveston Specific Plan that allowed for the creation of the residential overlay zone. The proposed project has been determined to be consistent with the previously adopted Harveston SEIR. Staff has determined that the project is exempt from CEQA pursuant to CEQA Guidelines Section 15182 as the proposed residential development is in conformity with the Harveston Specific Plan, as amended. Staff has reviewed the SEIR and has determined that the proposed project does not require the preparation of a subsequent Environmental Impact Report as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, there are no substantial changes proposed by the proposed project that will require major revisions of the previous SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; no substantial changes have occurred with respect to the circumstances under which the proposed project are undertaken that will require major revisions of the previous SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous SEIR was adopted, showing that: (a) the proposed project will have one or more significant effects not discussed in the SEIR; (b) there are significant effects previously examined that will be substantially more severe than shown in the SEIR; (c) there are mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the proposed project, but the City declines to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the SEIR would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative. The applications for a tentative parcel map to revise three (3) existing parcels into four (4) parcels allowing for phasing during the construction of a previously approved assisted living facility project are consistent with the project that was analyzed by the SEIR. The proposed project is required to meet all requirements and mitigation contained in SEIR. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA21-0648, a Tentative Parcel Map (No. 38166) for Condominium Purposes to revise the three (3) existing parcels into four (4) parcels allowing for phasing during the construction of a previously approved assisted living facility project on a 14.19 acre site located at the southeast corner of Date Street and Ynez Road, 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 14th day of October, 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. 2021-04 was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 14ch day of October, 2021 Denise J o o, Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA21-0648 Project Description: A Tentative Parcel Map (No. 38166) for Condominium Purposes to revise the three (3) existing parcels into four(4) parcels allowing for phasing during the construction of a previously approved assisted living facility project on a 14.19 acre site located at the southeast corner of Date Street and Ynez Road Assessor's Parcel No.: 916-400-043 916-400-044 916-400-062 916-400-064 916-400-065 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(Project not located in Uptown Temecula Specific Plan area) Approval Date: October 14, 2021 Expiration Date: October 14, 2024 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers 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. 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 (5) 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 Harveston Specific Plan (SP 13). 6. Consistency with Development Agreements. The project and all subsequent projects within this site shall be subject to Development Agreement No. 2002 026470 recorded on January 16, 2002 and Amendments. 7. 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. 8. 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. 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. Environmental Impact Report (EIR) No. SCH# 2019070974 was prepared for this project and is on file at the City of Temecula Planning Division. PUBLIC WORKS DEPARTMENT General Requirements 11. 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. 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: a. from Public Works for public offsite improvements; and b. from Riverside County Flood Control &Water Conservation District(RCFC&WCD) 14. PW-005: Improvement Plans. The developer shall submit improvement plans (to include public/private street plans, storm drain plans, traffic signal 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. 16. Access restriction. The developer shall comply with the following vehicular movements restrictions: a. The access on Ynez Road shall be restricted to a right-in/right-out movement. b. The access on Date Street shall be restricted to a right-in/right-out movement. 17. Underlying Approvals. The Applicant shall comply with all the underlying Conditions of Approval for Tentative Parcel Map No. 36336 as approved on January 6, 2011. Prior to Recordation of the Final Map 18. 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. 19. Plans Agreements & Securities. The developer shall have approved improvement plans, executed subdivision improvement agreements and posted securities. 20. 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. 21. 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. 22. 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 California Water District; c. Eastern Municipal Water District; d. or other affected agencies 23. Right of Access. The developer shall: a. Relinquish and waive right of access to and from Ynez Road on the Parcel Map with the exception of one opening as delineated on the approved Tentative Parcel Map. b. Relinquish and waive right of access to and from Date Street on the Parcel Map with the exception of one opening as delineated on the approved Tentative Parcel Map. 24. 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. 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 (including parkways) 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. Improve Date Street (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) R/W) to include installation of sidewalk, drainage facilities, and utilities (including but not limited to water and sewer). b. Equity Drive, as shown on the approved site plan, shall be constructed to include installation of street improvements, paving, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). 26. Parkway Landscaping. All parkway landscaping areas shall be privately maintained. 27. Traffic Signal Modification. The developer shall design and guarantee the traffic signal modification improvements to provide a eight phase operation, including but not limited to, pavement and striping at the intersection of Ynez Road and Equity Drive . The plans shall be prepared by a registered civil engineer, reviewed and approved by Public Works and conform to the latest edition of the Caltrans Standard Plans and Specifications. 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. 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. 30. 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. 31. Property Taxes. Any delinquent property taxes shall be paid. 32. 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 33. Grad in /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 34. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 18, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 35. 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 36. Water Qualily 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. 37. 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. 38. 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. 39. 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. 40. Geological Report. The developer shall complete any outstanding County geologist's requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 41. 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. 42. 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. 43. American Disability Art. 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) 44. final Ma,2. Parcel Map Number 38166 shall be approved and recorded. 45. 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 46. 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. 47. 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. 48. 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. 49. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works.