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HomeMy WebLinkAbout2024-23 PC Resolution PC RESOLUTION NO. 2024-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA22-0037, A TENTATIVE PARCEL MAP (TPM 38349) TO COMBINE TEN EXISTING LOTS INTO A SINGLE LOT LOCATED ON THE EAST SIDE OF FRONT STREET BETWEEN FIRST STREET AND SECOND STREET AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(APNS: 922-072-005,007,010,011,013,016,018,020,021, AND 023) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 7, 2022, Steve Kim filed Planning Application No. PA22-0035 a Development Plan. On January 10, 2022, Steve Kim filed Planning Application No. PA22-0037 a Tentative Parcel Map. These applications (collectively "Project") were filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Project was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. On September 6, 2023, the Project was considered by the Planning Commission at a duly noticed public hearing. At the conclusion of the hearing the Planning Commission voted to accept the staff recommendation of redesign of the project in order to comply with the development standards of the Old Town Specific Plan. D. On May 15, 2024, the Project was considered by the Planning Commission at a duly noticed public hearing. At the conclusion of the hearing the Planning Commission voted for redesign of the project in order to further comply with the development standards of the Old Town Specific Plan. E. The Planning Commission, at a regular meeting, considered the Project and environmental review on November 20, 2024, 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. F. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA22-0037, subject to and based upon the findings set forth hereunder. G. 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: Tentative Parcel Map (Development Code Section 16.03.140): A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan and City of Temecula Municipal Code. Tentative Parcel Map No. 38349 has been designed in a manner that is consistent with and meets all development and design standards of the General Plan, the Subdivision Ordinance, the Development Code, the Municipal Code, and the Old Town Specific Plan. 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. The subject parcel does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. The subject property has not been designated for conservation or agricultural land, and is not subject to the California Land Conservation Act of 1965. 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 vacant property that is suitable and designated for commercial development, which is consistent with the allowable land uses of the Old Town Specific Plan, General Plan, and Development Code. The proposed Tentative Parcel Map would combine ten existing lots into a single lot. The project site is physically suitable to accommodate a hotel and the required parking to meet the needs of the hotel. D. The design of the subdivision and the proposed improvements, with Conditions of Approval are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project consists ofa Tentative Parcel Map on vacant property. A Joint Projects Review #22-01-26-01 was completed for this project which determined that the project is consistent with both the criteria and other plan requirements of the Multiple Species Habitat Conservation Plan and does not require for any acreage to be designated for conservation. Therefore, the design of the subdivision and the proposed improvements, with Conditions of Approval, will not likely cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 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 consists of a Tentative Parcel Map on vacant property. Any future development on the project site will be in accordance with the requirements of the California Building Code in effect at that time as it relates to heating and cooling. 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 Planning Commission 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 15332, In-Fill Development Projects); (a)The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The project is consistent with the applicable General Plan designation because hotels are an allowable use within the Downtown Core zoning designation of the Old Town Specific Plan. The project also meets all applicable General Plan policies and Zoning regulations including General Plan Land Use Policy 7.1 which encourages revitalization of Old Town through implementation of the Old Town Specific Plan and General Plan Economic Development Policy 6.4 which encourages development of lodging along the freeway. (b)The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project is located within City limits and is located on a site that is 2.15 acres in size. The proposed project is substantially surrounded by industrial development, vacant land zoned for industrial development, and major roadways. (c) The project site has no value as habitat for endangered, rare or threatened species. The proposed project is located on a project site that is located within an MSHCP criteria cell. As part of the entitlement on this site the project went through the HANS/JPR process with the Regional Conservation Authority in which JPR 22-01-26-01 determined that the project is consistent with both the criteria and other plan requirements and no conservation of land was required. The JPR also determined that the project site did not contain any riparian/riverine/vernal pools on the site. The project site is not located within a narrow endemic plant species survey area or an area that requires additional surveys for plants. The property is not located adjacent to existing or proposed conservation areas. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The proposed project was required to prepare a Project-Specific Water Quality Management Plan (WQMP) that was reviewed and conceptually accepted for entitlement by City Staff as the WQMP meets the requirements of the City of Temecula. A traffic analysis was not required as part of this project as the proposed use is allowed within the Downtown Core zoning district of the Old Town Specific Plan, and there is nothing unique about this project that would trigger the need for a traffic analysis. Therefore, the project is not anticipated to result in any significant effects relating to traffic, noise, air quality, or water quality as the project is an allowed use per the City of Temecula General Plan and the zoning district. (e) The site can be adequately served by all required utilities and public services. The project site is surrounded by development and is able to be serviced by all required utilities and public services. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA22-0037, a Tentative Parcel Map (No. 38349) to combine ten individual parcels into a single parcel located on the east side of Front Street between First Street and Second Street, and makes a finding of exemption under the California Environmental Quality Act (CEQA), subject to the Final Conditions of Approval set forth on Exhibit A and Plan Reductions set forth in Exhibit B, attached hereto, and incorporated herein by this reference. PASSED,APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of November, 2024. litgfifC9 Bob Hagel, Chair ATTEST: tA. Matt Peters Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Matt Peters, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2024-23 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of November, 2024, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Hagel, Ruiz, Watts NOES: 2 PLANNING COMMISSIONERS: Solis, Turley-Trejo ABSTAIN: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None fka)t:1()k Matt Peters Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA22-0037 Project Description: A Tentative Parcel Map (No. 38349)to combine ten (10) existing lots into a single lot located on the east side of Front Street between 1st Street and 2nd Street. Assessor's Parcel No.: 922-072-005 922-072-007 922-072-010 922-072-011 922-072-013 922-072-016 922-072-018 922-072-020 922-072-021 922-072-023 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(no additional square footage) Approval Date: November 20, 2024 Expiration Date: November 20, 2027 PLANNING DIVISION Within 48 Hours of the Approval Page 1 of 4 1. 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 4 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 the Old Town Specific Plan (SP 5). 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. Prior to Recordation of the Final Map 8. 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. This project is within a 100-year Flood Hazard Zone. c. This project is within a Liquefaction Hazard Zone. d. This project is within a Subsidence Zone. PUBLIC WORKS DEPARTMENT General Requirements 10. 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. Final Map shall include: a. Right-of-Way Vacation (Old Town Front Street) b. Right-of-Way Dedication (Second Street) 11. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. Prior to Recordation of the Final Map 12. 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. 13. Plans, Agreements & Securities. The developer shall have approved improvement plans, executed subdivision improvement agreements, and posted securities. Page 3 of 4 14. Environmental Constraint Sheet (ECS). The developer shall prepare and record an ECS with the Final or 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. 15. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. Caltrans; b. Rancho California Water District; c. Eastern Municipal Water District 16. Parkway Landscaping. All parkway landscaping areas shall be privately maintained. 17. Undergrounding Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code, and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements. 18. 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. Page 4 of 4