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HomeMy WebLinkAbout04132023 DH AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 13, 2023 - 1:30 PM CALL TO ORDER: Luke Watson, Deputy City Manager PUBLIC COMMENTS A total of 15 minutes is provided for members of the public to address the Director of Community Development on items that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Director of Community Development on an item not listed on the agenda, a Request to Speak form may be filled out and filed with the staff liaison. Once the speaker is called to speak, please come forward. For all items on the agenda, a Request to Speak form may be filed with the staff liaison. On those items, each speaker is limited to five minutes. Item No. 1 1:30 PM Project Number: PA23-0036 Project Type: Tentative Parcel Map Revision (No. 38166) Project Title: Lantern Crest TPM 38166 Revision Applicant: Michael Grant Project Description: Planning Application Number PA23-0036, a Revision to Tentative Parcel Map (No. 38166) for Condominium Purposes to revise internal lot lines. Location: Southeast corner of Date Street and Ynez Road Environmental Action: No further environmental review required Section 15162, Subsequent EIRs and Negative Declarations Section 15182, Projects Pursuant to a Specific Plan Project Planner: Scott Cooper, Case Planner ADJOURNMENT NOTICE TO THE PUBLIC The full agenda packet (including staff reports and any supplemental material available after the original posting of the agenda), will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City’s website at TemeculaCA.gov and available for review at the respective meeting. If you have questions regarding an item on the agenda, please contact the Community Development Department at (951) 694-6400. ITEM 1 STAFF REPORT – PLANNING CITY OF TEMECULA DIRECTORS HEARING TO: Luke Watson, Deputy City Manager FROM: Scott Cooper, Senior Planner DATE OF MEETING: April 13, 2023 PREPARED BY: Scott Cooper, Case Planner PROJECT SUMMARY: Planning Application Number PA23-0036, a Revision to Tentative Parcel Map (No. 38166) for Condominium Purposes to revise internal lot lines. The project is located at the southeast corner of Date Street and Ynez Road. RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: No further environmental review required Section 15162, Subsequent EIRs and Negative Declarations Section 15182, Projects Pursuant to a Specific Plan PROJECT DATA SUMMARY Name of Applicant: Michael Grant General Plan Designation: Specific Plan Implementation (SPI) Zoning Designation: Harveston Specific Plan (SP-13) Existing Conditions/ Land Use: Site: Vacant / Service Commercial (SC) North: Ynez Road, Single Family Residential / Low Medium Density Residential (LM) South: Vacant Land / Specific Plan Implementation (SPI) East: Ynez Road, Harveston Community Park, Single Family Residential / Low Medium Density Residential (LM), Open Space (OS) West: Date Street, Single Family Residential / Specific Plan Implementation (SPI) Existing/Proposed Min/Max Allowable or Required Lot Area: 1.69 acres minimum 0.69 acres minimum BACKGROUND SUMMARY On June 17, 2020, the City of Temecula Planning Commission approved Planning Application No. PA19-1452, a Modification to a previously approved Development Plan (PA17-0328) to allow for an approximately 526,762 square foot, four-story, 494 unit, independent and assisted living community. On October 14, 2021, the Director of Community Development approved 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 14.19 acres. On January 23, 2023, Michael Grant submitted Planning Application No. PA23-0036, a Revision to Tentative Parcel Map (No. 38166) for Condominium Purposes to revise internal lot lines. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The Revised Tentative Parcel Map will allow for revisions to previously approved internal lot lines while not creating any additional lots. The parcels conform to the Harveston Specific Plan, the City’s Development Code, the Subdivision Ordinance, and the Subdivision Map Act. The lots meet the minimum parcel size requirements of the Harveston Specific Plan. The minimum parcel size allowed for this planning area is 30,000 square feet (0.69 acres). The proposed parcels will range in size from 1.69 acres to 8.60 acres. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in The Press-Enterprise on March 30, 2023 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION 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 Tentative Parcel Map 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 application for revisions to previously approved internal lot lines of a Tentative Parcel Map while not creating any additional lots 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. FINDINGS Tentative Maps (Section 16.09.140) 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. 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. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The project consists of revisions to a previously approved Tentative Parcel Map on property designated for commercial development, which is consistent with the Harveston Specific Plan, General Plan, and Development Code. The revised Tentative Parcel Map would allow for phasing during the construction of the previously approved project. 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. 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. 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. 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. 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. ATTACHMENTS: 1. Aerial Map 2. DH Resolution 3. Exhibit A – Draft Conditions of Approval 4. Exhibit B – Plan Reductions 5. Notice of Determination 6. Notice of Public Hearing AERIAL MAP EQUITY DRPLYMOUTH WYHARVESTONDRDALTONRDF A IR M O N T P L C O R RIG A N PL M E D F O R D R D DATE STY N EZ R D Proj ect Site Ci ty of Temecula PA17-0328 This m ap w as made by the C ity of Temecul a Geographi c Inform ati on System .The m ap is deriv ed fr om base data pr oduc ed by the Ri versi de County Assessor'sDepartment and the Transportation and Land M anagem ent Agency of Ri versi deCounty. T he C ity of Tem ec ul a ass um es no warr anty or l egal responsi bi l i ty for theinformation contained on thi s m ap. Data and i nform ati on represented on thi s m apare s ubj ec t to update and m odi fication. The Geographi c Inform ati on System andother sourc es shoul d be quer ied for the m ost current i nform ati on.This m ap i s not for r epr i nt or resal e. 0 500250Feet N DIRECTOR’S HEARING RESOLUTION DH RESOLUTION NO. 2023- A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0036, AN APPLICATION FOR A REVISION TO TENTATIVE PARCEL MAP (NO. 38166) FOR CONDOMINIUM PURPOSES TO REVISE INTERNAL LOT LINES LOCATED AT THE SOUTHEAST CORNER OF DATE STREET AND YNEZ ROAD (APNS: 916-400-043, 916-400-044, 916-400-062, 916-400-064, 916-400-065), AND MAKING A FINDING THAT THE PROJECT IS NOT SUBJECT TO FURTHER ENVIRONMENTAL REVIEW UNDER SECTIONS 15182 AND 15162 OF 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 January 23, 2023, Michael Grant filed Planning Application No. PA23-0036, 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 April 13, 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. 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. PA23- 0036 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA23-0036, 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. PA23-0036, 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 revisions to a previously approved Tentative Parcel Map on property designated for commercial development, which is consistent with the Harveston Specific Plan, General Plan, and Development Code. The revised 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 Tentative Parcel Map 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 application for revisions to previously approved internal lot lines of a Tentative Parcel Map while not creating any additional lots 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. PA23-0036, a Revision to Tentative Parcel Map (No. 38166) for Condominium Purposes to revise internal lot lines. The project is 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 13th day of April, 2023 Luke Watson Deputy City Manager I, Denise Jacobo, Secretary of the Temecula Director’s Hearing, do hereby certify that the forgoing DH Resolution No. 2023- was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 13th day of April, 2023. Denise Jacobo, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: Project Description: PA23 -0036 A Revision to Tentative Parcel Map (No. 38166) for Condominium Purposes to revise internal lot lines. The project is 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 N/A (no new grading) MSHCP Category: N/A (no additional square footage) DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: N/A (no additional square footage) N/A (non-residential) April 13, 2023 April 13, 2026 New Street In-lieu of Fee: N/A (Project not located in Uptown Temecula Specific Plan area) PLANNING DIVISION Within 48 Hours of the Approval Page 1 of 3 Applicant Filing Notice of Determination. APPLICANT ACTION REQUIRED: The applicant/developer is responsible for filing the Notice of Determination 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 Determination 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 Determination within 24 hours of approval via email. If the applicant/developer has not received the Notice of Determination 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. 1. General Requirements 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. 2. Page 2 of 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. 3. 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. 4. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Harveston Specific Plan (SP 13). 5. 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. 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 Temecula Municipal Code, upon written request, if made 60 days prior to the expiration date. 8. Prior to Recordation of the Final Map 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. Environmental Impact Report (EIR) No. SCH# 2019070974 was prepared for this project and is on file at the City of Temecula Planning Division. 10. PUBLIC WORKS DEPARTMENT General Requirements Underlying Approvals. The Applicant shall comply with all the underlying Conditions of Approval for PA21-0648 Tentative Parcel Map No. 38166 as approved on October 15, 2021 and all subsequent approvals. 11. Page 3 of 3 EXHIBIT B PLAN REDUCTIONS NOTICE OF DETERMINATION VIA-ELECTRONIC SUBMITTAL CEQAProcessing@asrclkrec.com April 14, 2023 Ms. Rosemarie M. Anderson Supervising Legal Certification Clerk County of Riverside Post Office Box 751 Riverside, CA 92501-0751 SUBJECT: Filing a Notice of Determination for application No. PA23-0036, a Revision to Tentative Parcel Map (No. 38166) for Condominium Purposes to revise internal lot lines. The project is located at the southeast corner of Date Street and Ynez Road Dear Ms. Anderson: Enclosed is the Notice of Determination for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) please find a check in the amount of $50.00 County Administrative fee to enable the City to file the Notice of Determination. The City of Temecula is paying the $50.00 filing fee under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee. Please return a stamped copy of the Notice of Determination within five working days after the 30 day posting in the enclosed self-addressed stamped envelope. If you have any questions regarding this matter, please contact Scott Cooper at (951) 506-5137 or at email scott.cooper@TemeculaCA.gov . Sincerely, Luke Watson Deputy City Manager Enclosures: Notice of Exemption Form Electronic Payment - Filing Fee Receipt City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • Fax (951) 694-6477 • TemeculaCA.gov City of Temecula Community Development Planning Division Notice of Determination TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula P.O. Box 751 41000 Main Street Riverside, CA 92501-0751 Temecula, CA 92590 SUBJECT: Filing of a Notice of Determination in compliance with the provisions of Section 21152 of the Public Resources Code State Clearinghouse No.: 2019070974 Project Title: Lantern Crest Revised TPM 38166 (PA23-0036) Project Location: Southeast corner of Date Street and Ynez Road Project Description: Revision to Tentative Parcel Map (No. 38166) for Condominium Purposes to revise internal lot lines. Lead Agency: City of Temecula, County of Riverside Contact Person: Scott Cooper Telephone Number: (951) 506-5137 This is to advise you that the Community Development Director for the City of Temecula has approved the above-described project on April 13, 2023 and has made the following determinations regarding this project: 1. The project will not have a significant effect on the environment. 2. That the project is consistent with the EIR and is a project under a Specific Plan that was analyzed by the EIR and no further environmental review is required under CEQA Guidelines Section 15162. 3. Additional mitigation measures were not made a condition of the approval of the project, but the project will be required to adhere to the mitigation measures identified in the EIR. 4. A Mitigation Monitoring or Reporting Program was not adopted for this project, but the project will have to comply with the Mitigation Monitoring or Reporting Program that was adopted with the EIR. 5. A Statement of Overriding Consideration was not adopted for this project, but was adopted for the EIR. 6. Findings were not made for this project pursuant to the provisions of CEQA, but were made in connection with the EIR. This is to certify that the Subsequent Environmental Impact Report (SEIR) that was prepared and certified on December 1, 2020 for the Harveston Specific Plan, together with comments and responses is available to the General Public at the City of Temecula, 41000 Main Street, Temecula, California, 92590. Signature: Date: Luke Watson, Deputy City Manager Date received for filing at the County Clerk and Recorders Office: CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De Minimus Impact Finding Project Proponent: Michael Grant Project Title: Lantern Crest Revised TPM 38166 (PA23-0036) Location: Southeast corner of Date Street and Ynez Road Project Description: Revision to Tentative Parcel Map (No. 38166) for Condominium Purposes to revise internal lot lines. Findings of Exemption (attach as necessary): 1. The project consists of a Revision to Tentative Parcel Map (No. 38166) for Condominium Purposes to revise internal lot lines. 2. 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 Tentative Parcel Map 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 application for revisions to previously approved internal lot lines of a Tentative Parcel Map while not creating any additional lots 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. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Luke Watson Date Deputy City Manager NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula DIRECTOR OF COMMUNITY DEVELOPMENT to consider the matter described below: CASE NO: PA23-0036 APPLICANT: Michael Grant PROPOSAL: A Revision to Tentative Parcel Map (No. 38166) for Condominium Purposes to revise internal lot lines. The project is located at the southeast corner of Date Street and Ynez Road ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed project does not require further environmental review pursuant to CEQA Guidelines Section 15182 (Projects Pursuant to a Specific Plan) and Section 15162 (Subsequent EIRs and Negative Declarations) as none of the conditions requiring further environmental review under the aforementioned Sections exist. The Director of Community Development will consider adopting a Notice of Determination for the proposed project. CASE PLANNER: Scott Cooper, (951) 506-5137 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: April 13, 2023 TIME OF HEARING: 1:30 p.m. The complete agenda packet (including any supplemental materials) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Director of Community Development Meeting. At that time, the packet may also be accessed on the City’s website – TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to the Director regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. – 5:00 p.m. In addition, such material will be made available on the City’s website – TemeculaCA.gov – and will be available for public review at the meeting. Any petition for judicial review of a decision of the Director of Community Development shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Director of Community Development shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400.