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HomeMy WebLinkAbout18-06 DH Resolution DH RESOLUTION NO. 18-06 A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-0215, A TENTATIVE PARCEL MAP (NO. 37485) TO DIVIDE AN EXISTING PARCEL INTO TWO INDIVIDUAL PARCELS ON THE 3.92 ACRE PROJECT SITE LOCATED AT 41593 WINCHESTER ROAD AND 27315 JEFFERSON AVENUE AND MAKING A FINDING OF EXEMPTION. UNDER 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 February 6, 2018, Rod Bradley, filed Planning Application No. PA18- 0215 a Tentative Parcel Map, 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 August 2, 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 Director's Hearing and after due consideration of the testimony, the Director of Community Development approved Planning Application No. PA18-0215 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA18-0215 conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Director of Community Development, in approving the Planning Application No. PA18-0215 hereby makes the following findings as required by Section 16.09.140 (Tentative Maps) of the Temecula Municipal Code: Tentative Maps (Section 16.09.140) 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. 37485 has been designed in a manner that is consistent with the 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. . 1 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 property designated for commercial development, which is consistent with the Uptown Temecula Specific Plan, General Plan, and Development Code. The proposed Tentative Parcel Map would allow for individual building ownership. 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 proposed Tentative Parcel Map is eligible for a categorical exemption pursuant to Section 15315 (Minor Land Revisions) of the California Environmental Quality Act. The project consists of a Tentative Parcel Map on improved property. As conditioned, the project is not likely to 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 consists of a Tentative Parcel Map on improved property. As conditioned, the project is not likely to cause public health problems. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Commercial buildings exist on the project site and no new development is associated with the project. The proposed Tentative Parcel Map will not alter the design or layout of the existing buildings. 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. All required rights-of-way and easements have been provided on the Tentative Parcel Map. The City has reviewed these easements and has found no potential conflicts. 2 H. The subdivision is consistent with the City's parkland dedication requirements and is consistent with the Quimby Act; This map does not include any residential units and therefore 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 15315, Class 15, Minor Land Divisions); The proposed Tentative Parcel Map is located within an urbanized area that is zoned for commercial development. The map proposes for two parcels with individual building ownership that is consistent with the City of Temecula General Plan and Development Code and contains no variances or exceptions. All services and access to the parcel meet the City of Temecula development standards and the parcel has not been involved in the division of a larger parcel within the previous two years or contain an average slope greater than twenty percent. Section 4. Conditions. That Director of Community Development of the City of Temecula hereby approves Planning Application No. PA18-0215, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 3 Section 5. PASSED, APPROVED AND ADOPTED by the Director of Community Development of the City of Temecula this 2nd day of August, 2018. 4LeA\tfats'on"- Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No.18-06 was duly and regularly adopted by the Community Development Director of the City of Temecula at a regular meeting thereof held on the 2nd day of August, 2018. SL�A.I& Denise Jacobo, gerareiary 4 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA18-0215 Project Description: A Tentative Parcel Map (No. 37485)to divide an existing parcel into two individual parcels on the 3.92 acre project site located at 41593 Winchester Road and 27315 Jefferson Avenue Assessor's Parcel No.: 909-281-019 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: August 2, 2018 Expiration Date: August 2, 2021 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers 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. By use is meant the beginning of substantial construction contemplated by this approval within the three 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) one year 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 Uptown Temecula Specific Plan (SP#14). 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 City Ordinance, upon written request, if made 60 days prior to the expiration date. PUBLIC WORKS DEPARTMENT General Requirements 8. Subdivision Map. The developer shall submit a complete Tentative 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. 9. 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. 10. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. Prior to Recordation of the Final Map 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. Agreements & Securities. The developer shall execute a subdivision monument improvement agreement and post securities. 13. 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. 14. Right of Access. Relinquish and waive right of access to and from: a. Winchester Road with the exception of one opening as delineated on the approved Tentative Parcel Map, b. Jefferson Avenue with the exception of two openings as delineated on the approved Tentative Parcel Map, and c. Enterprise Circle North with the exception of two openings as delineated on the approved Tentative Parcel Map. 15. Easements. Note the following: a. Private easements for cross-lot drainage shall be delineated and noted on the Tract or Parcel Map. b. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map. c. 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." 16. 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. 17. Property Taxes. Any delinquent property taxes shall be paid. 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.