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HomeMy WebLinkAbout2023-01 DH ResolutionDH RESOLUTION NO.2023-01 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 offour (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 Watsod Deputy City Manager I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 2023-01 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, ecretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA23-0036 Project Description: 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 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: April 13, 2023 Expiration Date: April 13, 2026 PLANNING DIVISION Within 48 Hours of the Approval Page 1 of 3 Applicant Filing Notice of Determination. APPLICANTACTION 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. 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 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. 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. 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. 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. Page 3 of 3 ` zv� 1 r Rcrenr rrs a Ra 1 V �''l3 ?tR� iM R41 p EW3 wArrrvrw• Rvr..u�n•ww� IL �E - XjJIi 8� 1. UNII 4 'V1Eacyl xun j� �n �Y EQUM DR. (q7) l LOr W. LLA 01)210 a ��//'''� — l SERVICE COMMERCIAL — ENGINEER OF WORK ranvs a\nawr r m�mRswrs „c �� �y� arA wwr an, su sot -Jr y 4 u.u\ u )2ory [ �r en � i wwyr 3- -23 d rlva RQ R WY nI. IJ-Jt-l1 LOT 'A; LLA IL021-OOPS SERV)CE COMMERCIAL EXHIBIT 'A' - TPM 38166 FOR STATE D.R.E. PURPOSES LANTERN CREST TEMECULA I — PROJECT NOTES wxrw a nRn=nst) GENERAL NOTES rJ x6 RM4rAL /1 11 w� roF5 MI KtUX xl OC IK CMIG.pK aKRLf [) M wO ]) of SIHM[R aN6 to aH1(w x[ 5R M pw53 lJ M6 6 A Ilx^ 0(A farRKFCMI [GKtlnwN PAI]K[I At IX,xRn N SCinv I150 a iK SIArC a GIJMYI Gr coof. 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