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HomeMy WebLinkAbout04-089 CC Resolution I I I RESOLUTION NO. 04.89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA UPHOLDING THE APPLICANT'S APPEAL OF A CONDITION OF APPROVAL TO ELIMINATE A PORTION OF THE SECOND STORY OVER THE ENTRY FOR PLAN 2 FOR A PRODUCT REVIEW FOR 99 DETACHED SINGLE FAMILY RESIDENCES WITHIN PLANNING AREA 2 OF THE RORIPAUGH RANCH SPECIFIC PLAN LOCATED SOUTH OF MURRIETA HOT SPRINGS AND WEST OF THE FUTURE EXTENSION OF BUTTERFIELD STAGE ROAD AND KNOWN AS TRACT MAP 29661-2 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Davidson Communities, filed Planning Application No. PA03-0725, Residential Product Review in accordance with the City of Temecula General Plan and Development Code; WHEREAS, the application for the Project was processed and an environmental review was conducted as required by the California Environmental Quality Act; WHEREAS, the Planning Commission of the City of Temecula held duly noticed public hearings on April 21, 2004 and May 19, 2004 to consider the application for the Project; WHEREAS, following consideration of the entire record of information received at the public hearing and due consideration of the proposed project, the Planning Commission adopted Resolution No. 2004-022, approving Planning Application No. 03-0725 subject to the conditions of approval; WHEREAS, Davidson Communities, filed an appeal of Condition of Approval No. 20 for Planning Application No. PA03-0725, a Product Review for 99 detached single family residences in Planning Area 2 of the Roripaugh Ranch Specific Plan; WHEREAS, the City Council received a copy of the Planning Commission's proceedings as Staff Report regarding Planning Application No. PA03-0725; WHEREAS, the City Council conducted a public hearing pertaining to Planning Application No. PA03-0725 (Product Review - Appeal) on August 10, 2004, at which time interested persons had the opportunity to testify either in support or in opposition to Planning Application PA03-0725; WHEREAS, on August 10, 2004, the City Council of the City of Temecula upheld an appeal of Condition of Approval No. 20 imposed by the Planning Commission when it adopted Resolution No. 04-89. R:/Resos 2004/Resos 04-89 I I I NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. following findings: 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. Findinas. The City Council of the City of Temecula hereby makes the The proposed single-family homes are permitted in the Low Medium Density land use designation standards contained in the Roripaugh Ranch Specific Plan and the City's Development Code. The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of the residential 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 City Wide 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 single-family homes, including the site, building, parking, architecture, massing and other associated improvements are consistent with, and intended to protect the health and safety of those working in and around the site. 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 2. Environmental Compliance. The project is a Product Review for 99 detached single family residences. A Notice of Exemption for Planning Application No. PA03- 0725 was made per the California Environmental Quality Act Guidelines Section 15162. An EIR has been adopted and certified for the project site. The project use and density is consistent with the adopted EIR. Section 3. Conditions. That the City Council of the City of Temecula hereby upholds the appeal of the Planning Commissions imposition of Condition of Approval No. 20. All remaining Conditions of Approval are upheld as imposed by the Planning Commission. The applicant, Davidson Communities is relieved of the Planning Commission's Condition of Approval No. 20. Plan 2 shall be constructed in substantial conformance with the renderings presented to the Planning Commission and City Council. The City Council hereby approves Planning Application No. PA03-0725 (Product Review) based upon the analysis and findings contained in the Staff Report subject to the Conditions of Approval attached to this Resolution as Exhibit A. Section 4. The City Clerk shall certify the adoption of this Resolution R:/Resos 20O4/Resos 04-89 I PASSED, APPROVED AND ADOPTED this 10th day of August, 2004 ATTEST: ~ \,~ ~~e~, Mayor STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 04-89 was duly and regularly ado~ted by the City Council of the City of Temecula at a regular meeting thereof held on the 10t day of August, 2004, by the following vote: AYES: 5 NOES: 0 ABSENT: 0 ABSTAIN: 0 COUNCILMEMBERS: Comerchero, Roberts, Stone, Washington, Naggar COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None ~ nes, CMC City Clerk I R:/Resos 2004/Resos 04-89 I I I EXHIBIT A CONDITIONS OF APPROVAL R:/Resos 20O4/Resos 04-89 I I I EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No. PA03-0725 Project Description: A Product Review for 99 detached single family residences within Planning Area 2 of the Roripaugh Ranch Specific Plan located south of Murrieta Hot Springs Road and west of the future extension of Butteñield Stage Road, Tract Map 29661-2. Tentative Tract No.: 29661.2 DIF Category: Per Development Agreement Approval Date: August 10, 2004 August 10, 2006 Expiration Date: PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements 2. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an 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 which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover R:/Resos 20O4/Resos 04-89 I 3. 4. 5. 6. I 7. 8. 9. 10. 11. I 12. anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. Building elevations shall substantially conform to the approved Exhibits, including elevations, floor plans, landscaping plans, hardscape plans, and plotting plan, contained on file with the Planning Department or as amended by these Conditions of Approval. The colors and materials for this project shall substantially conform to the approved colors and materials contained on file with the Planning Department. Any deviation from the approved colors and materials shall require approval of the Director of Planning. This approval is for product review only and shall in no way limit the city or other regulatory or service agencies from applying additional requirements and/or conditions consistent with applicable policies and standards upon the review of grading, building and other necessary permits and approvals for the project. The Development Code requires double garages to maintain a minimum clear interior dimension of 20' x 20'. This shall be clearly indicated on the plans prior to the issuance of building permits for the project. Interior dimensions are measured from the inside of garage wall to the opposite wall, steps, landing, equipment pedestals, bollards or any similar type feature. When the top of the stem wall is more than 8" above the garage floor, the required dimension is measured from the inside edge of the stem wall. Applicant shall obtain the proper permits before construction, including Encroachment Permit from the Public Works Department for any work done in the City right-of-way, and Building Permit from the Building and Safety Department. Fire Hydrants shall be installed prior to the start of any construction at the site. Driveway widths shall comply with the driveway width requirements per City Standards. In order to allow for adequate street parking, the driveway widths at curbs will be limited to 24' maximum. All Spanish Revival and Monterey styles shall utilize a smooth to light texture stucco finish (20/30 aggregate or smoother) as determined acceptable by the Planning Director. East Coast Traditional styles shall utilize a light-medium (16/20 aggregate) finish. Monterey and Spanish Revival styles shall include arched focal points. Each focal point shall be unique for the appropriate style. Focal points may include arched doors, windows, or other forms as determined acceptable by the Planning Director. R:/Resos 2004/Resos 04-89 13. I 14. 15. 16. 17. 18. 19. All Monterey styles shall utilize a Spanish style tile roof. All Spanish Revival styles shall include a Barrel tile clay roof. One style of each plan shall provide a roof plan that is clearly different than the other styles in order to provide variation along the front and rear street scene. The Spanish Revival and/or Monterey shall include an additional material(s) such as brick or stone to differentiate between the styles All materials such as stone, brick and siding shall wrap around the side yard to the fence return or as determined acceptable by the Planning Director. Fencing between units (on interior side yards and rear yards, but excluding view fencing) where not visible from the street shall be wood fence as shown in figure 2-15 (privacy fencing) or as approved by the Planning Director. Fencing along lot 1, adjacent to the paseo trail shall include a low slumpstone wall for the first 20 feet and transition into a 6-foot project wall as shown in figure 4-38 (paseo entry). Prior to the Issuance of Grading Permits The applicant shall submit a Grading Plan, subject to the review and approval of the Planning Department. 20. I 21. 22. 23. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the Color and Materials Boards and of the colored version of the approved colored architectural elevations to the Planning Department for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. A street tree master plan indicating what tree species will be planted on each street shall be submitted. The plan should graphically show the locations of all trees. One tree species per street shall be provided. Prior to the Issuance of Building Permits 24. I 25. The applicant shall comply with standards conditions and requirements set forth in the Roripaugh Ranch Specific Plan, Mitigation Monitoring Program, conditions of approval for Tract Map 29353 (PA01-0230, A-Map), Tract Map 29661(PA01-0253, B-Map), and Ordinance No. 02-14, the Development Agreement between the City of Temecula and Ashby USA, LLC for the Roripaugh Ranch Specific Plan, including, but not limited to attachment "5", which requires various on and off-site improvements. The applicant shall submit street lighting and signage plans to the Planning Director for final approval. Street lighting shall comply with the Specific Plan, Riverside County Mt. R:/Resos 20O4/Resos 04-89 I I I 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. Palomar Lighting Ordinance, and the mitigation-monitoring program. Said lighting shall comply with the standards as set forth in the Mitigated Monitoring Program and install hoods or shields to prevent either spillage of lumens or reflections into the sky (lights must be downward facing). The applicant shall submit mailbox elevations and a plot plan clearly indicating the location of each mailbox area. Mailbox type and location shall be subject to the approval of the Postmaster and Planning Director. Prior to issuance of any residential building permit within Planning Area 2, the construction landscape and architectural plans for Paseos (including hardscaping, landscaping, fencing, lights and gates), Paseo gates Staff Gated Primary Entry, Card Key Entry, fuel modification zones shall be submitted and approved Prior to construction of the Model Home complex, the applicant shall apply for a Model Home complex permit. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings within private common areas for a period of one year, in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for one year from the completion of the landscaping. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released. Precise Grading Plans consistent with the approved rough grading plans, plotting plan, structural setback measurements shall be submitted and approved. The developer shall demonstrate to the Planning Director that all homes will have double paned windows with at least a 25 STC rating installed to reduce noise from occasional aircraft over flights. The developer shall provide proof that construction debris, including but not limited to lumber, asphalt, concrete, sand, paper and metal is recycled through the City's solid waste hauler, subject to the approval of the Community Services Department. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing, Mechanical and Fire Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. Obtain all building plans and permit approvals prior to commencement of any construction work. A pre-construction meeting is required with the building inspector prior to commencement of any construction or inspections. Provide appropriate stamp of a registered professional with original signature on plans and structural calculations submitted for plan review. Provide electrical plan including load calculations and panel schedule for plan review. R:/Resos 2004/Resos 04-89 8 I I I 38. 39. 40. 41. 42. 43. 44. 45. Schematic plumbing plans, electrical plan and load calculations, along with mechanical equipment and ducting plans shall be submitted for plan review stamped and original signed by an appropriate registered professional. Obtain street addresses from the Building Official prior to submittal of plans for plan review. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by City of Temecula Ordinance No. 94- 21, specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday: 6:30 a.m. - 6:30 p.m. Saturday: 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays Prior to the Issuance of Occupancy Permits All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the applicant shall release the bond upon request. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project. Front yard and slope landscaping, hardscaping and fencing within individual lots shall be completed for inspection prior to issuance of each occupancy permit (excluding model home complex structures). The developer shall submit proof that all local refuse generators have been provided with written information about opportunities for recycling and waste reduction (i.e. buyback centers, curbside availability), subject to the approval of the Public Works and Community Services Departments. R:/Resos 2004/Resos 04-89 9 I I I 46. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Commission approval. Applicant's Signature Date Applicant's Printed Name R:/Resos 2004/Resos 04-89 10