Loading...
HomeMy WebLinkAbout18-11 PC Resolution PC RESOLUTION NO. 18-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0069, A TEMPORARY USE PERMIT TO ALLOW FOR THE STOCKPILING OF SOIL MATERIAL FOR THE RECENTLY APPROVED CYPRESS RIDGE RESIDENTIAL PROJECT LOCATED AT 45100 PECHANGA PARKWAY, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN: 922-284- 011 AND 961-450-013) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On September 5, 2017, the City Council approved Planning Application No. PA15-1892, a Development Plan to allow for 245 residential market rate units consisting of detached and attached cluster units, and duplex/triplex units totaling approximately 439,341 square feet, the conversion of 0.67 acres of an off-site existing concrete drainage ditch into a landscaped infiltration basin, improvements to Pala Park and additional off- site landscape improvements north of the project site along Pechanga Parkway. B. On January 16, 2018, John Fitzpatrick filed Planning Application No. PA18- 0069, a Temporary Use Application in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on April 18, 2018, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA18-0069 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Grading Permits (Sections 18.06.040 and 18.06.180) Grading permits that involve the stockpiling of dirt must be approved by the Planning Commission based on the following: A. A grading permit shall not be issued in any case where the city engineer determines that hazardous conditions exist and that the work, as proposed by the applicant, will: 1. Expose any property to landslide or geologic hazard; 2. Adversely interfere with existing drainage courses or patterns; 3. Cause erosion and/or flooding, which could result in the depositing of mud, silt or debris on any other property or public/private street; 4. Create any hazard to person or property; or 5. Damage or endanger any environmentally sensitive species and habitats, rocks and/or archaeological artifacts. B. A grading permit shall not be issued if any of the following apply- 1. pply:1. If the submittal is incomplete; 2. If the plan as submitted does not comply with the provisions of this title; 3. If the required security is not posted; 4. If the application contains false information. C. The City Engineer shall deny the issuance of a grading permit if any of the following apply: 1. If prohibited by a duly elected moratorium, court order, injunction or other legal order; 2. If the applicant or owner has failed to comply with the provisions of this title; or 3. If the work proposed is not consistent with the City's general plan (or any element thereof), any specific plan, conditional use permit, land use ordinance or regulation, zoning ordinance or regulation, any permit or approved subdivision map. Temporary Use Permit, Development Code Section 17.04.020.D A. The proposed temporary use is compatible with the nature, character and use of the surrounding area; The proposed temporary use will allow for a stockpile of soil material. The material will be used for previously approved grading activities. Temporary stockpiles of soil material are not uncommon at construction sites before construction begins. Therefore, the temporary use is compatible with the nature, character and use of the surrounding area because the soil material is part of the normal construction process. B. The temporary use will not adversely affect the adjacent uses, buildings or structures. The temporary use will be located on a vacant lot totaling approximately 21.44 acres. The soil material will not be utilized until grading operations begin. Therefore, the use is not anticipated to adversely affect the adjacent uses, buildings or structures because the soil material will be incorporated into the previously approved grading operations. C. The nature of the proposed use is not detrimental to the health, safety, or welfare of the community. The project has been reviewed to ensure consistency with the City of Temecula Development Code. This code contains provisions designed to ensure for the health, safety, and welfare of the community. The project will also be required to obtain a grading permit. Negative impacts are not anticipated. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Temporary 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 15162, Subsequent EIRs and Negative Declaration); (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) 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 EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration. (B) Significant effects previously examined will be substantially more severe than previously shown in the previous EIR. (C) 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 project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. (c) Once a project has been approved, the lead agency's role in project approval is completed, unless further discretionary approval on that project is required. Information appearing after an approval does not require reopening of that approval. If after the project is approved, any of the conditions described in the subdivision (a) occurs, a subsequent EIR or negative declaration shall only be prepared by the public agency which grants the next discretionary approval for the project, if any. In this situation no other responsible agency shall grant an approval for the project until the subsequent EIR has been certified or subsequent negative declaration adopted. (d) A subsequent EIR or subsequent negative declaration shall be given the same notice and public review as required under Section 15087 or Section 15072. A subsequent EIR or negative declaration shall state where the previous document is available and can be reviewed. The Environmental Impact report created for Cypress Ridge analyzed the project using 13,500 cubic yards of cut and 38,100 cubic yards of fill, including 24,600 cubic yards of offsite import. This soil material will be used for the approved grading activities related to the construction of the project. The plans for stockpile Temporary Use show these same values. Therefore, the temporary use is consistent with the previously certified Environmental Impact Report. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-0069, a Temporary Use Permit for a soil permit stockpile for the recently approved Cypress Ridge residential project located at 45100 Pechanga Parkway, 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 Planning Commission this 18th day of April, 2018. Ga ou ns, Chairman ATT T: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 18-11 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of April, 2018, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Luke Watson Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA18-0069 Project Description: Cypress Ridge Temporary Use Permit:ATemporary Use Permit for a stockpile permit for the recently approved Cypress Ridge Residential project located at 45100 Pechanga Parkway. Assessor's Parcel No.: 961-450-012, 961-450-013 MSHCP Category: Between 8.1 and 14.0 DU DIF Category: Residential Attached/Residential Detached TUMF Category: Residential Multi-Family Quimby Category: Multi-Family attached (5 or More Units)/Multi-Family Attached (2-4Units)/Single-Family(Attached Garage) New Street In-lieu of Fee: Not Located in the Uptown Jefferson Specific Plan Approval Date: April 18, 2018 Expiration Date: April 18, 2019 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. 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 Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. 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 City. 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 one year of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the one 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. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. (2016051073). 5. 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. 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 7. Previous Conditions of Approval. All previous Conditions of Approval from PA15-1892, 1893, 1894, and 1895 shall remain in full effect unless superseded herein. 8. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 9. Haul Routes. Soil Material imported from the Butterfield Stage Road widening project shall exclude the Margarita Road haul route. All hauling from this project shall use the Butterfield Stage Road route as described in the Construction Traffic Impacts of Soil Import for Cypress Ridge Technical Memorandum prepared by ESA dated April 17, 2018 (added at April 18, 2018 Planning Commission hearing) Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 10. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PUBLIC WORKS DEPARTMENT General Requirements 11. 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. 12. Entitlement Approval. The developer shall comply with the approved site plan and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 13. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 14. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manual and as directed by Public Works. Prior to Issuance of a Grading Permit 15. 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 construction-phase pollution-prevention controls to adequately address non-permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 16. 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. 17. 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.