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HomeMy WebLinkAbout2020-31 PC Resolution PC RESOLUTION NO. 2020-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA20-0930, THE FIRST EXTENSION OF TIME FOR A PREVIOUSLY APPROVED DEVELOPMENT PLAN (PA15-1885) FOR AN INDEPENDENT LIVING, ASSISTED LIVING, AND MEMORY CARE COMMUNITY LOCATED AT 31625 RANCHO VISTA ROAD, AND MAKING A FINDING UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15162 THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED 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 of the City of Temecula adopted a Mitigated Negative Declaration, approved a Planned Development Overlay Amendment (PA15- 1886) and a Development Plan (PA15-1885) B. On August 4, 2020, Generations LLC filed Planning Application No. PA20-0930, an Extension of Time 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 October 21, 2020, 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. PA20-0930, 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: Development Plan, Development Code Section 17.05.010.F A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed project is in conformance with the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the California Environmental Quality Act (CEQA), the Citywide Design Guidelines, and Fire and Building codes. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those working and living in an around the site as the project is consistent with the General Plan, City Wide Design Guidelines, and Development Code. 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. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Extension of Time for a Development Plan: 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 Declarations); 1. The Planned Development Overlay Amendment and Development Plan were approved in 2017. A Mitigated Negative Declaration (MND) was prepared and adopted on September 5, 2017 by the City Council as Resolution No. 17-64. The project applicant is seeking an extension of time for the previously approved development plan. The applicant is not proposing any revisions to the project approvals. Staff has reviewed the MND and has determined that the proposed project does not require the preparation of a Subsequent Mitigated Negative Declaration as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162)exist. Specifically,there are no substantial changes proposed by the proposed project that will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; no substantial changes have occurred with respect to the circumstances under which the proposed project are undertaken that will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and there is no 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 MND was adopted, showing that: (a) the proposed project will have one or more significant effects not discussed in the MND; (b) there are significant effects previously examined that will be substantially more severe than shown in the MND; (c) there are 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 proposed project, but the City declines to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the MND would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative. The proposed project meets all requirements and mitigation contained in MND. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA20-0930, the first Extension of Time for a previously approved Development Plan (PA15-1885) for an independent living, assisted living, and memory care community located at 31625 Rancho Vista Road, and makes a finding of exemption under the California Environmental Quality Act (CEQA), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of October, 2020. n e Turley-Trejo, Chairp s n ATTEST: /, A tson 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. 2020-31 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21st day of October, 2020, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Guerriero,Turley-Trejo, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSTAIN: 1 PLANNING COMMISSIONERS: Telesio (Recused) ABSENT: 1 PLANNING COMMISSIONERS: Watts Luke Watson Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA20-0930 Project Description: The first Extension of Time for a previously approved Development Plan (PA15-1885) for an independent living, assisted living, and memory care community located at 31625 Rancho Vista Road Assessor's Parcel No.: 955-020-018 MSHCP Category: N/A(no grading) DIF Category: N/A(no new square footage) TUMF Category: N/A(no new square footage) Quimby Category: N/A(no new square footage) New Street In-lieu of Fee: N/A(Project not within Uptown Temecula Specific Plan area) Approval Date: October 21, 2020 Expiration Date: September 5, 2021 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 by September 5, 2021; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the one 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. A modification made to an approved development plan does not affect the original approval date of a development plan. 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 four(4) extensions of time, one year at a time. A modification made to an approved development plan does not affect the original approval date of a development plan. 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 PA15-1885 shall remain in full effect unless superseded herein. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 8. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. FIRE PREVENTION Extension of Time 9. Requirements. Having valid conditions in place, and appearing that no changes are being made that affect life safety all conditions previously placed on the project, and all codes and regulation in affect at the time of building permit application will be in full force and effect. 10. Life Safety Standards. The project will of course be subject to the applicable fire and life safety standards in place in the law at the time building and related permits are issued.