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HomeMy WebLinkAbout2023-01 PC ResolutionPC RESOLUTION NO.2023-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA22-1101, A MODIFICATION APPLICATION TO REVISE THE TIMING THRESHOLD OF A CONDITION OF APPROVAL FOR A PREVIOUSLY APPROVED MULTI -FAMILY HOUSING PROJECT LOCATED AT 28580 PUJOL STREET AND MAKING A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED UNDER SECTION 15162 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (APN: 922-053-047, 922-053-048, AND 922-053-021) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 20, 2019 the Planning Commission approved Planning Application No. PA18-0081, a Development Plan to allow a three-story affordable multi -family project totaling sixty units with fifteen units available for special needs occupants. B. On December 7, 2022, Jarrod Sharp, filed Planning Application No. PA22-1101, a Minor Modification Application in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on February 1, 2023, 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. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA22-1101 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Modifications, Development Code Section 17.05.030.E 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. The project was originally approved as an attached affordable multi family housing development within the Neighborhood Residential District of the Old Town Specific Plan. Attached multi family housing is permitted in the Neighborhood Residential District. Both the General Plan and Zoning designation refer to the specific plan for zoning/use requirements. The modification will allow for a revision to the previously approved Conditions of Approval (COA) for the Development Plan. The COA amendment will adjust the implementation timing for when trail access must be made available for residents of the project. The project will remain an affordable housing development upon completion of the modification and thus in conformance with the specific plan, General Plan, and Development Code. Negative impacts are not anticipated. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. When the project was initially approved it was determined to be designed for the protection of the Public health, safety, and general welfare. The project has been designed so that it complies with the Building and Development Codes. These codes contain provisions designed to ensure for the public health, safety, and general welfare. The revision to the condition of approval will only adjust the implementation timing for when trail access must be made available for residents of the project. The revision does not impact the design of the project. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Minor Modification 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 15162, Subsequent EIRs and Negative Declarations) A AND was prepared under staffs direction by Environmental Science Associates (ESA) as part of the original project approval. The MND was approved by the Planning Commission on February 20, 2019, and identified no areas where impacts were considered Significant and Unavoidable. The current modification application will allow for a revision to the previously approved Conditions of Approval. The revision is not anticipated to intensify impacts to the previously analyzed and approved MND. In addition, the modification will not impact any of the mitigation measures identified in the Mitigation Monitoring and Reporting Program prepared as part of the original project approval documents. Section 4. Conditions, Statement of Operations, and Plans. The Planning Commission of the City of Temecula approves Planning Application No. PA22-1101, a Modification application to a development plan to revise the timing threshold of a previously approved condition of approval for a previously approved multi -family housing project. The project is located at 28580 Pujol Street, 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 1 st day of February, 2023. ATTEST: Luke Watson 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 foregoing PC Resolution No. 23-01 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1 st day of February 2023, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Hagel, Ruiz, Solis, Turley-Trejo, Watts NOES: 0 PLANNING COMMISSIONERS ABSTAIN: 0 PLANNING COMMISSIONERS ABSENT: 0 PLANNING COMMISSIONERS None None None Ile - Luke Watson Secretary CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA22-1101 Project Description: Vine Creek Condition of Approval MOD: A Modification application to revise the timing threshold of a previously approved condition of approval for a previously approved multi -family housing project. The project is located at 28580 Pujol Street. Assessor's Parcel No.: 922-053-021 MSHCP Category: Greater than 14.1 DU DIF Category: Residential Attached TUMF Category: Exempt (Ordinance 06-04) Low Income Housing Project Quimby Category: Multi -Family Attached (Five or More Units) New Street In -lieu of Fee: N/A (Not Located within the Uptown Temecula Specific Plan) Approval Date: February 1, 2023 Expiration Date: February 1, 2024 PLANNING DIVISION Within 48 Hours of the Approval Page 1 of 3 Applicant Filing Notice of Exemption. APPLICANT ACTION REQUIRED: The applicant/developer is responsible for filing the Notice of Exemption as required under Public Resources Code Section 21152 and California Code of Regulations Section 15062 within 48 hours of the project approval. If within said 48-hour period the applicant/ developer has not filed the Notice of Exemption as required above, the approval for the project granted shall be void due to failure of this condition. Failure to submit the Notice of Exemption will result in an extended period of time for legal challenges. FEES: Fees for the Notice of Exemption include the Fifty Dollar County ($50.00) administrative fee. The County of Riverside charges additional fees for credit card transactions. FILING: The City shall provide the applicant with a Notice of Exemption within 24 hours of approval via email. If the applicant/developer has not received the Notice of Exemption within 24 hours of approval, they shall contact the case Planner immediately. All CEQA documents must be filed online with the Riverside County Assessor — County Clerk- Recorder. A direct link to the CEQA filings page is available at TemeculaCA.gov/CEQA. COPY OF FILINGS: The applicant shall provide the City with a digital copy of the required filings within 48 hours. General Requirements 2. Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and Defense Costs, Including Attorneys' Fees, Incurred by the City. The Applicant shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any claims, damages, actions, causes of actions, lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without limitation, attorneys' fees or court costs) in any manner arising out of or incident to the Planning Commission's actions, this approval and the City Council's actions, related entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed challenging the City's determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. Page 2 of 3 Expiration. This approval shall be used by the expiration date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval by the expiration date, 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. 5 (Old Town). 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 developer shall obtain City approval for any modifications or revisions to the approval of this project. 8. Creek Access. Original Condition of Approval No. 43 shall be revised to state: The project shall obtain all necessary approvals to provide pedestrian access for residents to the Murrieta Creek Trail prior to certificate of occupancy. 9. Previous Conditions of Approval. All previous Conditions of Approval from PA18-0081, PA18-1230, PA18-0497, and PA18-0692 shall remain in full effect unless superseded herein. 10. Previous Conditions of Approval for PA22-0996. All previous Conditions of Approval from PA22-0996 shall remain in full effect unless superseded herein. A copy of the Final Conditions of Approval for PA22-0996 are attached. Page 3 of 3