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HomeMy WebLinkAbout18-05 DH Resolution DH RESOLUTION NO. 18-05 A RESOLUTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-1793, A TENTATIVE PARCEL MAP TO CREATE AN ADDITIONAL PARCEL FROM ONE EXISTING PARCEL AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE PROJECT IS LOCATED ON THE NORTHWEST CORNER OF OLD TOWN FRONT STREET AND 1ST STREET. (APN 922-073-025) Section 1. Procedural Findings. The Director of Community Development of the City of Temecula does hereby find, determine and declare that: A. On December 27, 2017 Sherrie Munroe with MDMG, Inc., filed Planning Application No. PA17-1793, a Tentative Parcel Map 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 Director of Community Development, at a regular meeting, considered the Application and environmental review on June 28, 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. PA17-1793 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA17-1793 conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Director of Community Development, in approving Planning Application No. PA17-1793, hereby makes the following findings as required by City of Temecula Municipal Code Section 16.09.140 (Tentative Maps). A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable Specific Plan and the City of Temecula Municipal Code. As designed and conditioned, the proposed map is consistent with the Subdivision Ordinance, Temecula General Plan, the City of Temecula Municipal Code, and the Old Town Specific Plan. 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, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. The proposed map does not impact land entered into contract pursuant to the California Land Conservation Act of 1965 or designated for conservation or agricultural use. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The proposed map subdivides 1.18 acres to allow for commercial uses. The proposed Tentative Parcel Map design is consistent with the Temecula General Plan and the development standards contained in the Old Town Specific Plan. 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 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 has been reviewed and conditioned by the Planning and Building and Safety Departments. As a result, the project is consistent or has been conditioned to be consistent with the City's General Plan and Municipal Code, which contain provisions to protect the health, safety, and welfare of the public. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities to the extent feasible. All development must meet all appropriate Building and Fire Code requirements as they relate to passive or natural heating or cooling opportunities. 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, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. All acquired rights-of-way and easements have been provided on the Tentative Map. The City has reviewed these easements and has found no potential conflicts. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby Act). The project involves the creation of a Tentative Parcel Map for commercial structures. No residential units are proposed that will be subject to Quimby. 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 property is located in an urbanized area zoned for residential and commercial uses. The map will create two parcels from an existing parcel and will be in conformance with the General Plan and zoning requirements. No variances or exceptions are required for the approval. All services and access to the proposed parcels are compliant with local standards. The parcel was not involved in a division of a larger parcel within the previous 2 years and the parcel does not have a slope greater than 20 percent. Section 4. Conditions. The Director of Community Development of the City of Temecula approves Planning Application No. PA17-1793, a Tentative Parcel Map to create an additional parcel from one existing parcel and making a finding of exemption under the California Environmental Quality Act (CEQA). The project is located on the northwest corner of Old Town Front Street and 1 st Street and is subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Community Development this 5th day of July, 2018. Luke Watson Director of Community Development I, Denise Jacobo, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 18-05 was duly and regularly adopted by the Director of Community Development of the City of Temecula at a regular meeting thereof held on the 5th day of July 2018. Denise J c bo, Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA17-1793 Project Description: First and Front Tentative Parcel Map:A Tentative Parcel Map (No. 37448)to create an additional parcel from one existing parcel. The project is located on the northwest corner of Old Town Front Street and 1 st Street. Assessor's Parcel No.: 922-073-025 MSHCP Category: N/A(Map, No New Square Footage or Grading) DIF Category: N/A(Map, No New Square Footage) TUMF Category: N/A(Map, No New Square Footage) Quimby Category: N/A(Map, Non-Residential Project) New Street In-lieu of Fee: N/A(Not Located within the Uptown Temecula Specific Plan) Approval Date: July 5, 2018 Expiration Date: July 5, 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 unless extended pursuant to the provisions of the Municipal Code. Otherwise it shall become null and void. 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. 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. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 2009071049. 7. Conformance with Approved Plans. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit, but expressly excluding the existing legal use of the property. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Parking Agreement. The City of Temecula and Applicant acknowledge that all of the conditions set forth in this Conditions of Approval are subject to that Agreement and Grant of Real Property Subject to and Reserving Parking Easement, recorded as Instrument Number 1999-208241 in the County of Riverside (the "Parking Agreement"). As to any conflict between any of the conditions set forth herein and any of the provisions set forth in the Parking Agreement, the Parking Agreement shall control and the conflicting conditions shall be deemed satisfied or otherwise addressed by the Parking Agreement. Any provisions of the Parking Agreement that address a condition set forth herein, or shift responsibility for satisfying any such conditions to the City of Temecula, Applicant or any successor-in-interest shall be deemed to have satisfied such condition. 10. in-then Gef d-itiens-e#AppFaval aFe bjeot +„ that A.,m,,., ent and GFan+ of Real PFOpe.t.., .de (the "PaF.ing AgFe +"1 +e fl'e+ anyf the �e-Ge�tnt�e�P�ers+ ��er�en�—#�-.��c-e�f3etwe that-address-a-eend+tien-set-fer-tkrheFein,OF shift respensibility fer satisfying any have satisfied sueh eendit"en. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit, but expressly excluding the existing legal use of the property. Revised at July 5, 2018 Director's Hearing 11. Subdivision Map Act. The tentative subdivision shall comply with the State of California Subdivision Map Act and 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. Prior to Recordation of the Final Map 12. Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning Division. 13. Environmental Constraint Sheet. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to, and approved by, the Planning Division with the following notes: (Choose those that apply) a. This property is located within 30 miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. b. Environmental Impact Report (EIR) No. (insert#) was prepared for this project and is on file at the City of Temecula Planning Division. c.This project is within the Alquist-Priolo Special Studies Zone. d.This project is within a 100-year Flood Hazard Zone. e.This project is within a Liquefaction Hazard Zone. f.This project is within a Subsidence Zone. 14. Submittal of Reciprocal Maintenance and Access Easement Agreement. A copy of a Reciprocal Maintenance and Access Easement Agreement between Parcel 1 and Parcel 2 (the "Reciprocal Easement") shall be submitted and approved by the Director of Community Development. The Reciprocal Easement shall include liability insurance and methods of maintaining open space, recreation areas, private roads, exterior of all buildings, and all landscaped and open areas, including parkways. The applicant shall be responsible for all costs incurred during the review of the Reciprocal Easement and additional fees may be required during the course of the review. 15. Form and Content of Reciprocal.Easement. The Reciprocal Easement shall be in the form and content approved by the Director of Community Development, City Engineer, and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and its residents. 16. Preparation of Reciprocal Easement. The Reciprocal Easement shall be prepared at the developer's sole cost and expense. 17. Review of Reciprocal Easement. The Reciprocal Easement is subject to the approval of the Director of Community Development, Public Works Director, and the City Attorney. 18. The Reciprocal Easement and Management/Maintenance of Common ,Areas. The Reciprocal Easement shall provide for the effective establishment,, operation, management, use, repair, and maintenance of all common areas, drainage facilities, and pollution prevention devices outlined in the project's Water Quality Management Plan. 19. Reciprocal Easement and Public Nuisance. The Reciprocal Easement shall provide that the property shall be developed, operated, and maintained so as not to create a public nuisance and consistent with the Old Town Specific Plan. 20. Termination of Reciprocal Easement. The Reciprocal Easement shall provide that it may not be terminated without prior City approval. 21. Reciprocal Easement and Maintenance of Property. The Reciprocal Easement shall provide that if the property is not maintained in the condition required by the Reciprocal Easement, then the City, as a third party beneficiary, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the Reciprocal Easement or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. 22. Maintenance of Open Areas. All open areas and landscaping governed by Reciprocal Easement shall be permanently maintained by the signatories and successors.thereto or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning Divisions and Public Works Department prior to the issuance of building permits. 23. Further Access. The Reciprocal Easement shall set forth access and maintenance obligations ensuring access to all parcels and joint maintenance of such easements described in the Hardscape Plan, and any private drainage facilities, and shall be recorded concurrent with the Map or prior to the issuance of building permit where no map is involved. 24. Consent of City of Temecula. An Article must be added to every set of GG&Rs the Reciprocal Easement, following the Declarant's signature, to read as follows: CONSENT OF CITY OF TEMECULA The Conditions of Approval for Tentative Tract Map No. (37448) require the City of Temecula to review and approve the GC&Rs Reciprocal Easement for the Parcel. The City's review of these-GG& the Reciprocal Easement has been limited to a determination of whether the proposed CC&Rs Reciprocal Easement properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these GG&Rs the Reciprocal Easement does not contain or imply any approval of the appropriateness or legality of the other provisions of the fps Reciprocal Easement, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolutions of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the 6S&Rs Reciprocal Easement. Luke Watson Director Community Development Approved as to Form: Peter M.Thorson City Attorney Revised at the July 5, 2018 Director's Hearing 25. Consent of City of Temecula. A provision must be added to the Reciprocal Easement to read as follows: Section_ CONSENT OF CITY OF TEMECULA 1. The Conditions of Approval of Tentative Tract Map Number requires the City to review and approve this Reciprocal Easement for the Parcel. 2. Declarant acknowledges that the City has reviewed the Reciprocal Easement and that its review is limited to a determination of whether the proposed Reciprocal Easement properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to this Reciprocal Easement does not contain or imply any approval of the appropriateness or legality of the other provisions of the Reciprocal Easement, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessment procedures, assessment enforcement, resolution of disputes or procedural matters. 3. In the event of a conflict between the Conditions of Approval of the land use entitlements issued by the City for the Parcel or Federal, State, or local laws, ordinances, regulations and the Parking Agreement and this Reciprocal Easement, the provisions of the Conditions of Approval and Federal, State or local laws, ordinances, regulations and the Parking Agreement shall prevail, notwithstanding the language of the Reciprocal Easement. 4. This Reciprocal Easement shall not be terminated, amended or otherwise modified without the express written consent of the Director Community Development of the City of Temecula. 26. Recordation of. Reciprocal Easement. The Reciprocal Easement shall be finalized and recorded at the time of Final Map Recordation. 27. Copies of.Reciprocal Easement. Three copies of the final recorded Reciprocal Easement shall be provided to the Planning Division. Outside Agencies 28. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated July 2, 2018, a copy of which is attached.Added at the July 5, 2018 Director's Hearing PUBLIC WORKS DEPARTMENT General Requirements 29. Subdivision Mag. The developer shall submit a complete 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. 30. 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 31. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 32. Landscaped.Plans(for parkways). The developer: a. shall contact the Park/Landscape Maintenance Supervisor for a pre-design meeting to discuss design parameters. The design shall be in conformance with the Temecula Community Services District's Landscape Standards. b. his successor or assignee, shall be responsible for the maintenance of the landscaped parkways until such time Public Works accepts that responsibility. 33. Underlying Approvals. The Applicant shall comply and conform to any previous or subsequent approvals. Prior to Recordation of the Final Map 34. 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. 35. Agreements & Securities. The developer shall execute a subdivision monumentation improvement agreements and posted securities. 36. 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. 37. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. Rancho California Water District; g. Eastern Municipal Water District; h. Cable TV Franchise; L Telephone Company; j. Southern California Edison Company; k. The Gas Company; or other affected agencies 38. Right of Access. Relinquish and waive right of vehicular access to and from Old Town Front Street on the Parcel Map with the exception of one opening as delineated on the approved Tentative Parcel Map. 39. Easements. Note the following: a. An easement shall be dedicated for the privately maintained sidewalk, public utility and reciprocal ingress/egress access for public use. b. Private easements for cross-lot drainage between Parcels One and Two shall be delineated and noted on the Parcel Map. c. Easements (when required for roadway slopes, landscape, drainage facilities, utilities, etc.) shall be shown on the Parcel Map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded, as directed by Public Works. 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." 40. Undergrounding,Utility Systems. All utility systems including gas, electric, telephone, water, sewer and.cable TV shall be provided underground (with the required easements); and shall be designed and constructed in accordance with City codes and utility provider's standards. Telephone, cable TV and/or security systems shall be pre-wired. The developer shall notify the City's cable TV franchisees of the Intent to Develop. 41. 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. 42. Property Taxes. Any delinquent property taxes shall be paid. 43. 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. Prior to Issuance of Building Permit(s) 44. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements)for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance, subject to the Parking Agreement, including but not limited to Paragraphs 7,8,9,11 and 18. 45. Prior to.Issuance for the first Building Permit.. a. The Developer shall submit an easement for the privately maintained access and sidewalk for public use along the vacated Second Street for review and approval by the Department of Public Works and City Attorney. b. The Hardscape Plan shall be reviewed and approved. Should there be any gap in the First Street ingress and egress to Parcels 1, 2 and 3 of waived Parcel Map 27746, either City or Applicant shall grant an easement to the other for full ingress and egress to and from the Public Parking Lot and Parcels 1, 2 and 3 of waived Parcel Map 27746, commencing from and to the commercial curb cut on realigned First Street. 46. Prior.to Issuance of the second Building Permit.. a. The Developer shall provide a copy of the recorded easement within the vacated Second Street in favor of Rancho California Water District. b. The Developer shall provide a recorded copy for the vacated easement of Public Utilities within the vacated Second Street. c. The Developer shall provide a recorded copy for the privately maintained access and sidewalk easement for public along the vacated Second Street. 47. Construction of.Street Improvements. The developer shall commence construction of all public street improvements, as outlined below, in accordance to the City's Old Town Specific Plan and corresponding City standards. a. Old Town Front Street (Old Town Specific Plan Standard) to include replacement of boardwalk,tree grates and utilities(including but not limited to irrigation). 48. Sight Distance. The developer shall limit landscaping in the corner cut off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. Prior to Issuance of a Certificate of Occupancy 49. Prior to Issuance of the first Certificate of Occupancy. The Developer shall complete the improvements on Old Town Front Street, along its property frontage, in accordance with the Old Town Specific Plan. 50. Prior to Issuance of a Certificate of Occupancy in Phase II or III per PA15-1158 Phasinq Plan.. The Developer shall complete the improvements along the vacated Second Street. 51. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. 52. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 53. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 54. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. FIRE PREVENTION General Requirements 55. Fire Requirement. Fire has no conditions of approval required for this tentative parcel map.