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HomeMy WebLinkAbout19-03 PC ResolutionPC RESOLUTION NO. 19-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA18-1230, A MINOR EXCEPTION TO ALLOW FOR A REDUCTION IN THE REQUIRED PARKING FOR DEVELOPMENT PLAN APPLICATION PA18-0081 LOCATED APPROXIMATLY 130 FEET NORTH OF THE MAIN STREET AND PUJOL STREET INTERSECTION ON THE EAST SIDE OF PUJOL STREET (APN NOS. 922-053- 021, 922-053-047, 922-053-048) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 16, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-0081, a Development Plan. On April 3, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-0497, a Tentative Parcel Map. On May 10, 2018, Caleb Roope, on behalf of Golden West Communities, filed Planning Application No. PA18-0692, a Certificate of Historical Appropriateness. On September 6, 2018, Darren Berberian, on behalf of Golden West Communities, filed Planning Application No. PA18-1230, a Minor Exception. These applications (collectively "the 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. A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA"). City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on January 3, 2019, and expired on February 7, 2019. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590. D. On February 20, 2019, the Planning Commission also considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, 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 of or opposition to this matter. E. Following consideration of the entire record before it at the public hearing and due consideration of the Project the Planning Commission adopted Resolution No. 19-01 "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE VINE CREEK RESIDENTIAL PROJECT CONSISTING OF APPROXIMATELY 2.27 ACRES GENERALLY LOCATED ON THE EAST SIDE OF PUJOL STREET APPROXIMATELY 130 FEET NORTH OF THE MAIN STREET AND PUJOL STREET INTERSECTION ON THE EAST SIDE OF PUJOL STREET (APN NOS. 922-053-021, 922-053-047, 922-053-048). F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Minor Exception (Section 17.03.060) A. There are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property; The project is an affordable residential development located on a site that is both narrow and deep. In order to be competitive for State incentives the project must include as many units as possible. Per Government Code § 65915(p)(1) (Density Bonuses and other Incentives), the City can require 113 parking spaces for the project. Requiring this amount of spaces given the dimensions of the project site creates a practical difficulty with regard to maximizing the project unit count. Not being awarded State incentives will make the project infeasible for the applicant. The Minor Exception will allow for a further reduction in the required parking total for the project to 102 spaces. This allows the project to maximize the number of units and thus remain competitive for State incentives. B. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity; Existing surrounding properties are made-up of residential buildings. Other property owners have the ability to apply for a Minor Exception. The proposed Minor Exception should not create any detrimental conditions to surrounding properties. There is a transit stop located within 130 feet of the Project, therefore, the City anticipates that some households will not have cars or will park fewer cars on -site then they are allocated per unit. C. The minor exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. Surrounding properties will be protected by the attached Conditions of Approval that require any Modifications or alterations to be re-evaluated by the Community Development Department. The Minor Exception will allow for a reduction in the parking requirement for the Project and does not permit a use that is not otherwise allowed in the Old Town Specific Plan Area. Section 3. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA18-1230, a Minor Exception to allow for a reduction in the required parking for the project located approximately 130 feet north of the Main Street and Pujol Street intersection, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of February, 2019. ATTEST: L e W on Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA )ss a? /72M Gary Watts, Chairman I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 19-03 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 February, 2019, 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 uke Watson Secretary Planning Application No.: Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: New Street In -lieu of Fee: Approval Date: Expiration Date: PLANNING DIVISION EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL PA18-1230 Vine Creek Minor Exception: A Minor Exception to allow reduced parking for Development Plan application PA18-0081. The project is located approximately 130 feet north of the Main Street and Pujol Street intersection on the east side of Pujol Street. 922-053-047 Greater than 14.1 DU Residential Attached Exempt (Ordinance No. 06-04) Low Income Housing Project Multi -Family Attached (5 or More Units) N/A (Not Located within the Uptown Temecula Specific Plan) February 20, 2019 February 20, 2022 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 Two Thousand Four Hundred and Four Dollars and Seventy -Five Cents ($2,404.75) which includes the Two Thousand Three Hundred Fifty -Four Dollars and Seventy -Five Cents ($2,354.75) 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 Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. 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 due to 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 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. 10 (Old Town). 6. Consistency with Development Agreements. The project and all subsequent projects within this site shall be subject to the corresponding Development Agreement. 7. Compliance with Mitigated Negative Declaration. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Mitigated Negative Declaration No. 2019011003. 8. 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. 9. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 10. Density Bonus Agreement. Applicant shall enter into a density bonus agreement with the City pertaining to parking. Prior to Recordation of the Final Map 11. Disposition and Development Agreement. Execution of the Disposition and Development Agreement (DDA) with the City of Temecula as housing successor. The DDA shall include the City owned land that is contemplated to be included as part of the Final Map Contribution to the project (APN: 922 053 021 and 922 053 048)