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HomeMy WebLinkAbout2020-26 PC Resolution PC RESOLUTION NO. 2020-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA19-0941, A CONDITIONAL USE PERMIT FOR A PARKING AREA FOR THE ASSISTED LIVING AND MEMORY CARE PROJECT LOCATED ON THE SOUTHEAST CORNER OF MARGARITA ROAD AND SOLANA WAY Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 26, 2019,Griffin Living, LLC filed Planning Application No. PA19-0940, a Development Plan and Planning Application No. 19-0941 a Conditional Use Permit. 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 May 27, 2020, and expired on June 27, 2020. 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 and on the City of Temecula website. D. On August 19, 2020, the Planning Commission 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. 2020-25 "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE SOLANA WAY ASSISTED LIVING AND MEMORY CARE PROJECT CONSISTING OF AN APPROXIMATELY 91,002 SQUARE FOOT, TWO STORY, 107 UNIT BUILDING GENERALLY LOCATED ON THE SOUTHEAST CORNER OF MARGARITA ROAD AND SOLANA WAY." 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 in accordance with Temecula Municipal Code Section 17.04.010.E(Conditional Use Permit): A. The proposed conditional use is consistent with the General Plan and the Development Code. Parking areas are conditionally permitted use within the Open Space Conservation zoning district. Therefore, the use is consistent with the General Plan for Temecula as well as the requirements for State law and other Ordinances of the City. 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 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 as the parking area will service the assisted living and memory care facility portion of the project. The assisted living facility project of which the parking area is a part of is bounded on three sides by public streets which will provide access to the project. Beyond those streets are high density residential development. On the remaining side the parking area is separated from the dedicated open space by a landscape buffer. 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 project will allow for a parking area to be constructed as part of the assisted living facility project. The site will remain 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 as required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood as the parking area provides the space for the assisted living facility to meet the minimum parking requirements. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. As conditioned, the project will meet all requirements of the Development Code, General Plan, and Fire and Building Codes which provide 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. The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. 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 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. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA19-0941, a conditional use permit for a parking area for the assisted living and memory care project located on the southeast corner of Margarita Road and Solana Way, 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 19th day of August, 2020. r anae Turley-Tr , Chairpe r on ATTEST: /, 1 Luke 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. 2020-26 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19th day of August, 2020,by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts, Youmans NOES: 0 PLANNING COMMISSIONERS None ABSTAIN: 0 PLANNING COMMISSIONERS None ABSENT: 0 PLANNING COMMISSIONERS None (A_ / Luke Watson Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA19-0941 Project Description: A Conditional Use Permit for a parking area for an approximately 91,002 square foot, two story, 107 unit assisted living and memory care facility located on the southeast corner of Margarita Road and Solana Way Assessor's Parcel No.: 921-330-025 921-330-026 921-330-052 921-330-053 MSHCP Category: Commercial DIF Category: Service Commercial TUMF Category: Service Commercial (Congregate Care Facilities and Nursing Homes) Quimby Category: N/A(non-residential project) New Street In-lieu of Fee: N/A(project not located in Uptown Temecula Specific Plan area) Approval Date: August 19, 2020 Expiration Date: August 19, 2022 PLANNING DIVISION General Requirements 1. 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. 2. Expiration. This approval shall be used within two 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 two-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. 3. 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 3 one year extensions of time, one year at a time. 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. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 6. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 7. City Review and Modification of CUP. The City, its Director of Community Development, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Director of Community Development, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its Director of Community Development, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon.