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HomeMy WebLinkAbout94-020 CC ResolutionRESOLUTION NO. 94-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING THE APPEAL BY RAYMOND AND ODETTE DEROBERT AND MICHF, I,I,E HAPlOT AND APPROVING PLANNING APPLICATION NO. 93-0179, AMENDMENT NO. 1. WHEREAS, Raymond and Odette Derobert and Michelle Hapiot fried Planning App~cafion No. 93-0179 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; ~, said Planning Application was processed in the time and manner prescribed by State and local law; WItEREAS, the Planning Commission considered said Planning Application on November 1, 1993, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons deserving to be heard, said Commission considered all facts relating to Planning Application No. 93-0179, Amendment No. 1; WHEREAS, at the conclusion of the Commission hearing, the Commission approved said Planning Application; WHEREAS, an appeal of the Planning Commission decision for conditions of approval pertaining to the definition of all-weather access for emergency vehicles was made in accordance with the Riverside County Land Use, Zoning, and Planning Ordinances, which the City has adopted by reference; WHEREAS, said Appeal application was processed in the time and manner prescribed by State and local law; WHEREAS, the City Council conducted a public heaxing pertaining to said Appeal on December 14, 1993, at which time Staff was directed to prepare an Amendment to Section No. 18.28.A.C.(10) pertaining to the definition of all-weather access for emergency vehicles; and Reaos 94-20 I WHEREAS, the City Council considered said Appeal on January 11, 1994, at a duly noticed public heating as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, the City Council continued said Appeal until an Amendment to Section 18.28.a.c.(10) of Ordinance No. 348 came before them; WHEREAS, the City Council considered said Appeal on January 11, 1994, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, pursuant to the appeal, the City Council considered the application De Novo; A. The City Council, in approving of the proposed Planning Application, makes the following findings, to wit: 1. The project is consistent with the General Plan. 2. The proposed use or action complies with all other applicable requirements of state law and local ordinances. The proposed project is consistent with Ordinance No. 348. The project meets the criteria prescribed under Section 18.28.a. (Second Unit Permit) of Ordinance No. 348. 3. The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. The project meets the criteria prescribed under Section 18.28.a. (Second Unit Permit) of Ordinance No. 348. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. The project conforms with applicable land use and development regulations. 4. The proposed project will not have a significant impact on the environment since the project is a Class 3 Categorical Exemption pursuant to the California Environmental Quality Act. B. As conditioned pursuant to Section 4, the Planning Application proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. 94-20 2 Section 3. Environmental Comoliance. The proposed project will not have a significant impact on the environment since the project is a Class 3 Categorical Exemption pursuant to the California Environmental Quality Act. Section 4. Conditions. That the City of Temecula City Council hereby approves Planning Application No. 93-0179, Amendment No. 1 to construct a second dwelling unit located at 31550 Calle Girasol and known as Assessor's Parcel No. 914-480-006 subject to the following conditions: A. Exhibit A, attached hereto. Section 5. PASSED, APPROVED AND ADOPTED this 22nd day of February, 1994. Ron Roberts, Mayor ATTEST: [SEAL] Resos 94-20 3 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 22nd day of February, 1994 by the following vote of the Council: AYES: 5 COUNCILMEMBERS: Birdsall, Mufioz, Parks, Stone Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Greek, City Clerk R¢~o~ 94-20 4 REFERENCED DOCUMENTS IN 44 THRU 46 ARE ON FILE ATTACHMENT NO. 2 CONDITIONS OF APPROVAL ]t:\STAPPRPT~ 179PA93 .CC3 2/10/94 CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. 93-0179, Amendment No.1 - Second Unit Permit Project Description: A request to construct a new 2,195 square foot dwelling unit on a parcel which already contains an existing 1,536 square foot structure. The new unit will become the primary unit and the existing structure will become the secondary unit. The project is located in the Rural Residential (R-R 2 1/2) zone. The project site is located at 31550 Calle Girasol. Assessor's Parcel No.: 914-480-006 Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements The use hereby permitted by this Planning application is to construct a new 2,195 square foot dwelling unit on a parcel which already contains an existing 1,536 square foot structure. The new unit will become the primary unit and the existing structure will become the secondary unit. The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, or employees to attach, set aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning Planning Application No. 93-0179, Amendment No. I - Second Unit Permit. The City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The second unit shall be used for family members or rental purposes only and may not be sold as a separate unit unless the lot is subdivided pursuant to all applicable laws and local ordinances. The second unit shall be used as a dwelling unit only, and no businesses or home occupations of any kind may be conducted from or in the second unit. 5. This approval shall be valid for five (5) years. 6. The project shall be consistent with Section 18.28.a of Ordinance No. 348. The development of the premises shall conform substantially with that as shown on the site plan marked Exhibit A, or as amended by these conditions. R:\STAFFRPT~I79PA93.CC3 2/10194 klb 8 8. Building elevations shall be in substantial conformance with that shown on Exhibit B. Wood Siding: Earthenware (Frazee 5203 M) Wood Trim: Candlewax (Frazee 4500 W) Roof: Composition Shingle Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within such forty-eight {48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be voided by reason of failure of condition. Prior to the Issuance of Grading Permits 10. Thc applioent shell oomply with Ordinanoc No. ~,,C3 by paying the foe required by that ordinanoo whioh io based on (thc gro~s aarongo of the pareale propoood for development). Should Ordinenoc No. C,63 be ouporsodod by the provision,3 of e I lebitot Conservation trion prior to the payment of the fooo required by Ordinonoo Ne. C~3, the applioant c~hall pay the foc required under the I labitot Conoorvation I~lan a= implemented by County ordinanoc or rcsolution. {Deleted at the Planning Commission hearing on November 1, 1993). Prior to the Issuance of Building Permits 11. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DEPARTMENT 12. The applicant shall comply with applicable provisions of the 1991 edition of the Uniform Building, Plumbing and Mechanical; 1990 National Electrical Code; California Administrative Cable Title 24 Energy and Handicapped Regulations and the Temecuta Code. 13. Obtain street addressing for all proposed buildings prior to submittal for plan review. 14. The applicant shall provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 15. The applicant shall provide electrical plan including lead calcs and panel schedule, plumbing schematic and mechanical plan for plan review. R:\STAFFRP'TX179PA93.CC3 2/10/94 IrJb 9 PUBLIC WORKS DEPARTMENT The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 16. A Grading Permit for either rough or precise (including all onsite flat work and improvements) grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 17. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 18. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. Prior to Issuance of Grading Permits 19. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 20. The Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Planning D~partment Department of Public ~.,,orks Riverside County Health Department Community Services District General Telephone Southern California Edison Company Southern California Gas Company 21. A Grading Plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, City Standards, and as required in these Conditions of Approval. R:~STAFFRP~i79PA93.CC3 2/10/9~ ki~ 1 0 22. A Soils Report prepared by a registered Soils Engineer shall be submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 23. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 24. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to Riverside County Flood Control and Water Conservation District prior to issuance of any permit. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. 25. The Developer shall obtain any necessary letters of approval or slope easements for offsite work performed on adjacent properties as directed by the Department of Public Works. 26. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the precise grading plan. 27. The Developer shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section Xl of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the Developer shall provide adequate facilities as approved by the Department of Public Works. 28. The Developer shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 29. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. Prior to the Issuance of Encroachment Permits 30. All necessary grading permit requirements shall have been accomplished to the satisfaction of the Department of Public Works. R:~STAFFRF~I?gPA93.CC3 2/10/fl. E 11 31. In lieu of the normal requirement to prepare a set of plan and profile improvement plans as street right-of-way documents, Public Works Staff will accept grading plans with the addition of a centerline profile and the necessary street specification. The plan and profile shall show the location of existing utilities and facilities within the right-of-way as directed by the Department of Public Works. 32. The Developer shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public and private improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. A. Street improvements B. Storm drain facilities C. Sewer and domestic water systems 33. All required fees shall be paid. Prior to Issuance of Building Permit 34. The Developer shall receive written clearance from the following. agencies: Riverside County Fire Department Planning Department Department of Public Works 35. All necessary construction or encroachment permits have been submitted/accomplished to the satisfaction of the Department of Public Works. 36. All drainage facilities shall be installed as required by the Department of Public Works 37. All building pads shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 38. The Developer shall deposit with the Engineering Department a cash sum as established per acre/unit as mitigation for traffic signal impact. 39. The Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. 'If an interim or final public facility mitigat~:.n fee or district has not been finally established by the date on which the Developer requests its building permit for the project or any phase thereof, the Developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to the Developer. Concurrently, with executing this Agreement, the Developer shall post a bond to secure payment of the Public Facility fee. The amount of the bond shall be $2.00 per square foot, not to exceed ~ 10,000. The Developer understands that said Agreement may require the payment R:\STAFFR.F~I79PA93.CC3 2/10/94 ki~ 1 2 of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, the Developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that the Developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. Prior to Issuance of Certification of Occupancy 40. The Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District General Telephone Southern California Edison Southern California Gas Planning Department Department of Public Works 41. All improvements shall be constructed and completed per the approved plans and City standards, including but not limited to curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees, street lights on all interior public streets, signing, striping, traffic signal interconnect, and traffic signals. 42. Adequate right-of-way shall be dedicated along Jeffery Heights Road and Aussie Avenue to provide for a 60 foot full width right-of-way including a cul-de-sac at their tarmini and required corner property line cut off in accordance with City Standards. An all-weather access shall be designed by a registered Engineer and constructed to be consistent with Section 18.28a.c.(10) of Ordinance No. 348 as amended. The driveway and the access to the site shall be designed and constructed relative to the ultimate design of Aussie Avenue or Jeffery Heights including a turn around at the terminus as directed by the Department of Public Works. The improvements shall accommodate the natural drainage course crossing the road. All necessary permits shall be obtained from appropriate agencies; i.e. the Department of Fish and Game, Army Corps. of Engineers, and Regional Water Quality Control Board, as deemed necessary by the Department of Public Works. 43. In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the Developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the Developer shall enter into an agreement with the City for the acquisition of such easement at the Developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the City. R:\STAFFRY~I79PA93.CC3 2/10/94 kib '! 3 OTHER AGENCIES 44. The applicant shall comply with the recommendations set forth in the Rancho California Water District transmittal dated October 14, 1993, a copy of which is attached. 45. The applicant shall comply with the recommendations set forth in the Riverside County Health Department transmittal dated October 1, 1993, a copy of which is attached. 46. The applicant shall comply with the recommendations set forth in the Riverside County Fire Department transmittal dated October 25, 1993, a copy of which is attached. R:\$TA FF]/ls2~ ! 791mA93.CC3 2/10/94