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Home My WebLink About2023-16 PC Resolution PC RESOLUTION NO. 2023-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0252, A CERTIFICATE OF HISTORICAL APPROPRIATENESS TO DEMOLISH AN APPROXIMATELY 998 SQUARE FOOT HISTORIC STRUCTURE (AL OTTO HOUSE) LOCATED AT 28717 PUJOL STREET., AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-062- 008) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 16, 2023, Al Aguirre with A.K.A. & Associates, Inc. filed Planning Application No. PA23-0252, a Certificate of Historical Appropriateness Application 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 September 20, 2023, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA23-0252 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: Certificate of Historical Appropriateness, Old Town Specific Plan Section III.1.3.a 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 General Plan identifies the project site as Specific Plan Implementation (SPI) because it is located within the Old Town Specific Plan. The project will allow for the approval of a Certificate of Historical Appropriateness to demolish an existing historic structure that has fallen into severe disrepair. The project, as conditioned is also consistent with other applicable requirements of State law and local ordinances, including the California Environmental Quality Act(CEQA) and Building Codes B. The project is designed for the protection of the public health, safety, and general welfare. The site has fallen into disrepair and represents a hazard to the public. Furthermore, an engineering report states that that the structure is beyond repair and should be demolished. Demolition of the structure is designed for the protection of the public health, safety, and general welfare. C. That the proposed project is in conformance with the requirements of the Old Town Specific Plan, including the goals, objectives and policies, and architectural guidelines and standards. The project will allow for the demolition of an existing historic structure that has fallen into severe disrepair. The condition of the structure has caused the overall project site to be underutilized. Once demolished, a new use and related development can be pursued for the site. This is in conformance with Land Use/Economics Objective 3 of the Old Town Specific Plan. This objective is designed to upgrade underutilized parcels that are currently functioning at less than their market potential and encourage their highest and best use. D. The applicant has submitted substantial evidence that the structure is imminently dangerous or unsafe and that the structure cannot be effectively repaired or retrofitted. The applicant has submitted a report from Manning Engineering, Inc. stating that the structure is not safe or repairable and is open for transients to occupy. The report recommends that the structure be demolished. Staffpresented this report to the City's third- party engineering review consultant (Interwest)for peer review. The consultant agreed with the findings of the report prepared by Manning Engineering. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Certificate of Historical Appropriateness 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 15061.b.3) The project will allow an existing historic structure that has been deemed unsafe and non- repairable to be demolished upon approval of a Demolition Permit. The project site will become a vacant lot with no uses or structures proposed once demolition is complete. Therefore, the project is covered by the commonsense exemption. This is because it can be seen with certainty that there is no possibility the project will have a significant effect on the environment. Section 4. Conditions, Statement of Operations,and Plans. The Planning Commission of the City of Temecula approves Planning Application No.PA23-0252,A Certificate of Historical Appropriateness to demolish a historic structure (Al Otto House) located at 28717 Pujol Street, subject to the Final Conditions of Approval set forth on Exhibit A and the Plans set forth on Exhibit B, attached hereto, and incorporated herein by this reference. PASSED,APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of September, 2023. Lance Turley ejo, Chai ATTEST: 1k04,1„, . or Luke Watson 1 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 foregoing PC Resolution No. 2023-16 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 September, 2023, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Hagel, Turley-Trejo, Watts NOES: 1 PLANNING COMMISSIONERS: Solis ABSTAIN: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Ruiz elk Luke Watson Secretary CITY OF TEMECULA CONDITIONS OF APPROVAL ACCEPTANCE Planning Application Number: PA23-0252 Parcel Number(s): 922-062-008 By signing below, I/we have agreed to the following Conditions of Approval, including (but not limited to) any referenced documents, local state, or federal regulations, statement of operations, hours of operation, floor plans, site plans, and Conditions that may require the payment or reimbursement of fees, as described. I/we have read the attached Conditions of Approval and understand them. I/we also understand that violations or non-compliance with these Conditions of Approval, may delay a project, and/or result in the revocation of a permit in accordance with the Temecula Municipal Code. I/we are also responsible for disclosing these Conditions of Approval to any successive owners/operators. I/we agree and commit to the City of Temecula that I/we will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. Property Owner Printed Name Property Owner Signature & Date Applicant Printed Name Applicant Signature & Date EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA23-0252 Project Description: McCoy Historical Structure Certificate of Historical Appropriateness, a Certificate of Historical Appropriateness to demolish an approximately 998 square foot historic structure (Al Otto House) located at 28717 Pujol Street Assessor's Parcel No.: 922-062-008 MSHCP Category: N/A(No New Square Footage or Grading) DIF Category: N/A(Now New Square footage) TUMF Category: Per WRCOG Requirements Quimby Category: N/A(Non-Residential Project) New Street In-lieu of Fee: N/A(Not Located within the Uptown Temecula Specific Plan) Approval Date: September 20, 2023 Expiration Date: September 21, 2026 PLANNING DIVISION Within 48 Hours of the Approval Page 1 of 3 1. Applicant Filing Notice of Determination. APPLICANT ACTION REQUIRED: The applicant/developer is responsible for filing the Notice of Determination as required under Public Resources Code Section 21152 and California Code of Regulations Section 15062 within 48 hours of the project approval. If within said 48-hour period the applicant/developer has not filed the Notice of Determination as required above, the approval for the project granted shall be void due to failure of this condition. Failure to submit the Notice of Exemption will result in an extended period of time for legal challenges. FEES: Fees for the Notice of Exemption include the Fifty Dollar County ($50.00) administrative fee. The County of Riverside charges additional fees for credit card transactions. FILING: The City shall provide the applicant with a Notice of Determination within 24 hours of approval via email. If the applicant/developer has not received the Notice of Determination within 24 hours of approval, they shall contact the case Planner immediately. All CEQA documents must be filed online with the Riverside County Assessor—County Clerk- Recorder.A direct link to the CEQA filings page is available at TemeculaCA.gov/CEQA. COPY OF FILINGS: The applicant shall provide the City with a digital copy of the required filings within 48 hours. General Requirements 2. Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and Defense Costs, Including Attorneys' Fees, Incurred by the City. The Applicant shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any claims, damages, actions, causes of actions, lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without limitation, attorneys'fees or court costs) in any manner arising out of or incident to the Planning Commission's actions, this approval and the City Council's actions, related entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed challenging the City's determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. Page 2 of 3 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. A modification made to an approved development plan does not affect the original approval date of a development plan. 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 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. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). 6. Modifications or Revisions. The developer shall obtain City approval for any modifications or revisions to the approval of this project. 7. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 8. Certificate of Asbestos Testing. A Certificate of Asbestos Testing, and abatement (as needed), will be required prior to issuance of a demolition permit. Outside Agencies 9. Temecula Valley Historical Society. The project shall strongly consider the recommendations included in the correspondence provided by the Temecula Valley Historical Society dated August 1, 2023, on file with the Planning Department. This correspondence shall be provided to any future buyer of the parcel. (Revised at the September 20, 2023 Planning Commission Hearing) Page 3 of 3 • 0 • •,e,>o •1>ro1 >ro • • � , r�, 11 ggA,>,77�� , a a 135 I • PA a u. i i Ot 4 ' l DGDpooM 2 i KIIiN 11 i tar ♦ i V I ROOM �. 1 1 ' 4\0lb 1.1 7 • . - oR z NIIY6 a iioor+ j "1. W ® °1 T ENTRYi J :I! M y ( 1 i.: N°` Y 5 B Q as- ANA. 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