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HomeMy WebLinkAbout18-18 PC Resolution PC RESOLUTION NO. 18-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0506, A CONDITIONAL USE PERMIT TO ALLOW FOR THE ENTITLEMENT OF A PREVIOUSLY CONSTRUCTED PLAYGROUND/PARK FACILITY AT REGENTS HILL PARK LOCATED AT TRACT 23143-9, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN: 965-031-034) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On April 4, 2018, Lisa Johns, representing the Temecula Crowne Hill Community Association, filed Planning Application No. PA18-0506, a Conditional Use Permit 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 Planning Commission, at a regular meeting, considered the Application and environmental review on June 20, 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. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA18-0506 subject to and based upon the findings set forth hereunder. E. 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: Conditional Use Permit, Section 17.04.010.E A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposed use is located in a previously landscaped open space area. The proposed conditional use is consistent with the City of Temecula General Plan, which specifies Open Space for this site. The Open Space designation identifies private parks in the General Plan. The Open Space/Conservation Element of the General Plan provides that a quality parks and recreation system is a high priority for Temecula residents. Goal 1 of the Open Space/Conservation Element is for the City to have "[a] high quality parks and recreation system that meets the diverse recreation needs of residents." The proposed conditional use adheres to this policy described in the General Plan. The Development Code identifies private parks as conditionally permitted use in the Open Space zoning district. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is located in a previously landscaped open space area. As conditioned, the proposed conditional use for a park is compatible with the nature, condition and development of adjacent uses, buildings and structures because the surrounding area includes previously developed open space. The proposed conditional use will not adversely affect the adjacent uses, buildings or structures because the surrounding area is designed for open space uses. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The site for the proposed conditional use will be required to be permitted and inspected in compliance with the development standards of the Development Code and is therefore adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Director, Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project meets all the requirements of the Development Code, Fire Code and the Building Code, which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. E. That the decision to conditionally approve or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Director, Planning Commission or City Council on appeal. The decision to conditionally approve the application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Commission 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 15332, Class 32, In-Fill Development). The project is consistent with the general plan designation (Open Space) and the zoning designation (Open Space). The project was previously developed as an open space area and was graded to function as landscaped open space. The project site is 2.1 acres and has not been identified as a site with endangered, rare, or threatened species. The approval of the project is not anticipated to result in any significant effects related to traffic, noise, air quality or water quality. All required utilities and public services are available to the site. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-0506, 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 20th day of June, 2018. Ga ou ns, Chairman ATTEST: L e atson, 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. 18-18 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 June, 2018, by the following vote: Guerriero, Telesio, Turley-Trejo, Watts, AYES: 5 PLANNING COMMISSIONERS: Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None zz Luke Watson, Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA18-0506 Project Description: A Conditional Use Permit to allow for the entitlement of a previously constructed playground/park facility at Regents Hill Park located at Tract 23143-9 (Regents Hill Park) Assessor's Parcel No.: 965-031-034 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(private open space/park) New Street In-lieu of Fee: N/A(not located within the Uptown Temecula Specific Plan) Approval Date: June 20, 2018 Expiration Date: June 20, 2021 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 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 Js 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. 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. 5. Signage Permits. A separate building permit shall be required for all signage. 6. Landscape Maintenance. . Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 7. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 8. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment,fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 9. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. BUILDING AND SAFETY DIVISION General Requirements 10. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 11. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 12. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a hard scape plan showing accessible path of travel from the public way to the play area,and throughout the play area per Chapter 11 B of the 2016 CBC. 13. Permits & Plan Approvals. The applicant must obtain approval for all building plans and permits. 14. Hours of Construction. If construction is required, signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. At Plan Review Submittal 15. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2)sets of supporting calculations for review and approval. Prior to Issuance of Building Permit(s) 16. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 17. Pre-Construction Meeting. If construction is required, a pre-construction meeting is required with the building inspector prior to the start of the building construction.