HomeMy WebLinkAbout17-02 DH Resolution DH RESOLUTION NO. 17-02
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
THE DIRECTOR OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. PA16-1451, A
TENTATIVE PARCEL MAP TO MERGE EIGHT PARCELS
INTO ONE TO ALLOW DEVELOPMENT OF HOTEL
GENERALLY LOCATED ON THE SOUTH SIDE OF 3RD
STREET BETWEEN OLD TOWN FRONT STREET AND
MERCEDES STREET. THE MAP WILL ALSO ALLOW FOR
THE MERGER OF TWO PARCELS INTO ONE ON THE
NORTH SIDE OF 3RD STREET BETWEEN FRONT STREET
AND MERCEDES STREET, AND MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) (APN: 922-043-002, 922-043-004,
922-043-018, 922-043-024, 922-044-017, 922-043-003,
922-043-015, 922-043-023, 922-043-025, 922-044-020)
Section 1. Procedural Findings. The Director of Community Development of
the City of Temecula does hereby find, determine and declare that:
A. On October 25, 2016, Bernard Truax II, filed Planning Application No.
PA16-1451, 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 July 13, 2017, 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. PA16-1451 subject to Conditions of Approval, after finding that the project proposed
in Planning Application No. PA16-1451, conformed to the City of Temecula's General
Plan Development Code.
Section 2. Further Findings. The Director of Community Development, in
approving Planning Application No. PA16-1451, hereby makes the following findings as
required by 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;
The proposed subdivision and related improvements have been reviewed by all
appropriate City departments to ensure consistency with all relevant standards of
the Development Code, General Plan, Old Town Specific Plan and the City of
Temecula 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 property covered by the Map is not subject to a contract entered into
pursuant to the California Land Conservation Act of 1965. The property is also
not subject to a Land Conservation Contract of any kind.
C. The site is physically suitable for the type and proposed density of
development proposed by the tentative map.
The site is physically suitable to the type and proposed density of the
Development proposed by the Map. The Specific Plan contains requirements that
govern the type and proposed density of development that can occur on the project site.
The Map will remain consistent with the requirements of this plan and any proposed
development must also meet the specific plan requirements.
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 subdivision and 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. This is because the project site for the hotel is fully
developed. The project site for the parking garage contains a large vacant area that is
routinely used as a parking lot. The project site is not conducive to supporting fish,
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 Map has been reviewed to ensure consistency with the Development Code and
Temecula Subdivision Ordinance. These documents contain provisions to ensure for
the public health. The proposed Map has been found to be in conformance with these
two documents.
The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible.
The design of the subdivision will provide for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible.
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.
The design of the subdivision and its improvements are not anticipated to conflict with
easements acquired by the public at large for access through or use of property within
the proposed subdivision.
The subdivision is consistent with the City's parkland dedication requirements (Quimby
Act). (Ord. 99-23 § 1).
The subdivision is for a non-residential commercial project. The Quimby Act does not
apply to the subdivision.
Section 3. Environmental Findings. The Director of Community Development
hereby makes the following environmental findings and determinations in connection
with the approval of the Conditional Use Permit 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 15315, Class 15, Minor Land Divisions).
The proposed Map will allow for a division of property into few than four lots to permit for
the development of a hotel and parking garage. This land division is in conformance
with the General Plan and zoning regulations for the site in that the resulting parcels will
exceed the minimum required lot size. In addition, uses for the newly created parcels
will be required to be in conformance with the Old Town Specific Plan. No variances or
exceptions are required for the Map and all services and access to the proposed parcel
to local standards are available. The parcels were also not involved in the division of a
larger parcel within the past year and the average slope is approximately 5%.
Section 4. Conditions. The Director of Community Development of the City of
Temecula approves Planning Application No. PA16-1451, a Tentative Parcel Map to
merge eight parcels into one to allow development of hotel generally located on the
south side of 3rd Street between Front Street and Mercedes Street. The Map will also
allow for the merger of two parcels into one on the north side of 3rd Street between Old
Town Front Street and Mercedes Street, 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 July, 2017
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. 17-02 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 July, 2017.
Denise Jaco -,-Secretary
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA16-1451
Project Description: Truax Hotel Tentative Parcel Map:A Tentative Parcel Map to merge eight
parcels into one to allow development of hotel generally located on the south
side of 3rd Street between Front Street and Mercedes Street. The Map will
also allow for the merger of two parcels into one on the north side of 3rd
Street between Front Street and Mercedes.
Assessor's Parcel No.: 922-043-018
922-043-023
922-044-017
922-043-015
922-043-002
922-043-025
922-043-024
922-043-004
922-043-003
922-044-020
MSHCP Category: N/A(Not Required for Map Applications)
DIF Category: N/A(Not Required for Map Applications)
TUMF Category: N/A (Not Required for Map Applications)
Quimby Category: N/A (Non-Residential Project)
New Street In-lieu of Fee: N/A (Project is not located within the Uptown Jefferson Specific Plan)
Approval Date: July 13, 2017
Expiration Date: July 13, 2020
PLANNING DIVISION
Within 48 Hours of the Approval
1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a
cashier's check or money order made payable to the County Clerk in the amount of Three
Thousand One Hundred and Twenty-eight Dollars and Zero Cents ($3,128.00) which includes
the Three Thousand and Seventy-eight Dollars and Zero Cents ($3,078.00) fee, required by
Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative
fee, to enable the City to file the Notice of Determination for the Environmental Impact Report
required under Public Resources Code Section 21152 and California Code of Regulations
Section 15904. 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 Citv. 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.
4. Time Extension. The Director of Community Development may, upon an application being filed
prior to expiration, and for good cause, grant up to five 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 Specific Plan No. 5 (Old Town).
6. Compliance with EIR. The project and all subsequent projects within this site shall comply with
all mitigation measures identified within EIR No. 2017011029.
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. Modifications or Revisions. The permittee shall obtain City approval for any modifications or
revisions to the approval of this project.
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. 2017011029 was prepared for this project and is on
file at the City of Temecula Planning Division.
c. This project is within a Liquefaction Hazard Zone.
Outside Agencies
11. Compliance with Dept. of Environmental Health. The applicant shall comply with the
recommendations set forth in the County of Riverside Department of Environmental Health's
transmittals dated May 10, 2017 and June 15, 2017, copies of which are attached.
PUBLIC WORKS DEPARTMENT
General Requirements
12. Subdivision Mao. The developer shall submit a complete Parcel 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.
13. Permit restriction. No permits shall be issued unless future Development Plan applications are
submitted for approval.
14. 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.
15. Encroachment Permits. Prior to commencement of any applicable construction,
encroachment permit(s) are required; and shall be obtained from Public Works for public offsite
improvements.
16. PW-005: Improvement Plans. The developer shall submit improvement plans (to include
public street plans, storm drain 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.
17. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately
maintained.
Prior to Recordation of the Final Map
18. Plans Agreements & Securities. The developer shall have approved improvement plans,
executed subdivision improvement agreements and posted securities.
19. 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.
20. 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.
21. Required Clearances. As deemed necessary by Public Works, the developer shall receive
written clearance from the following agencies:
a. Rancho California Water District;
b. Eastern Municipal Water District;
c. Frontier;
d. Verizon;
e. Southern California Edison Company;
f. The Gas Company; or other affected agencies
22. Easements. Note the following:
a. Easements (when required for roadway slopes, landscape, drainage facilities, utilities, etc.)
shall be shown on the Parcel Map if they are located within the land division boundary. All
offers of dedication and conveyances shall be submitted for review and recorded, as directed by
Public Works. Onsite drainage facilities located outside of road right-of-way shall be contained
within drainage easements and shown on the Parcel Map. A note shall be added to the Parcel
Map stating: "Drainage easements shall be kept free of buildings and obstructions."
23. 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 parkway improvements) to the City's General Plan and Old Town
Specific 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 Old Town Front Street along property frontage—(Old Town Specific Plan Standard)
to include dedication of half-width street right-of-way, installation of sidewalk, streetlights,
drainage facilities, signing and striping, utilities (including but not limited to water and sewer)
b. Improve Mercedes Street along property frontage — (Old Town Specific Plan Standard) to
include dedication of half-width street right-of-way, installation of half-width street
improvements plus transition, paving, rolled curb and gutter, sidewalk, streetlights, drainage
facilities, signing and striping, utilities (including but not limited to water and sewer).
c. Improve Third Street along property frontage—(Old Town Specific Plan Standard)to include
dedication of half-width street right-of-way, installation of half-width street improvements
plus transition, paving, rolled curb and gutter, sidewalk, streetlights, drainage facilities,
signing and striping, utilities (including but not limited to water and sewer).
d. Improve alley along Parcel 2 — (City of Temecula Standard modified width to 20 feet) — to
include dedication of half-width street right-of-way, installation of full alley improvements
from the westerly property boundary to Mercedes Street, paving, concrete ribbon gutter,
drainage facilities, utilities (including but not limited to water and sewer).
24. Parkway Landscaping. All parkway landscaping areas shall be privately maintained.
25. 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.
26. Undergrounding Utility Systems. All utility systems including gas, electric, telephone, water,
sewer and cable N 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 N and/or security systems shall be pre-wired. The developer shall notify the
City's cable N franchisees of the Intent to Develop. Conduit shall be installed to cable N
standards at time of street improvements.
27. 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.
28. 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.
29. Property Taxes. Any delinquent property taxes shall be paid.
Prior to Issuance of a Grading Permit
30. Grading/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
31. Erosion & Sediment Control Securities. The developer shall comply with the provisions of
Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and
entering into an agreement to guarantee the erosion & sediment control improvements.
32. 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.waterboa rds.ca.gov/water_issues/programs/stormwater/co nstruction.shtm I
33. Water Quality 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 below:
www.TemeculaCA.gov/WQMP
34. 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.
35. 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 100-year storm event) 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.
36. 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.
37. Geological Report. The developer shall complete any outstanding County geologist's
requirements, recommendations and/or proposed Conditions of Approval as identified during
entitlement.
38. 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.
39. 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.
Prior to Issuance of Building Permit(s)
40. Final Map. Prior to the issuance of the first building permit, Parcel Map No. 37081 shall be
approved and recorded.
41. Street Lights. The developer shall submit a completed SCE street light application, an
approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building
permit, this shall be done prior to installation of additional street lighting. All costs associated
with the relocation of any existing street lights shall be paid by the developer.
42. 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. 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
43. 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.
44. 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.
45. 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.
46. Certifications. All necessary certifications and clearances from engineers, utility companies
and public agencies shall be submitted as required by Public Works.
FIRE PREVENTION
General Requirements
47. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building
plans are reviewed by the Fire Prevention Bureau. These conditions will be based on
occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related
codes which are in force at the time of building plan submittal.
48. Water Maintenance Agreement. An agreement for the maintenance and repair of any and all
existing underground Fire Department water systems, including all fire sprinkler supplies, and
all fire hydrants and supplies, will be in place as a condition of this division to maintain available
water in perpetuity