HomeMy WebLinkAbout02_051 PC ResolutionPC RESOLUTION NO. 2002-051
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. 02-0473, A VARIANCE TO PERMIT A 10-FOOT
REDUCTION FOR THE REAR YARD SETBACK AND 2-FOOT
REDUCTION FOR THE FRONT YARD SETBACK, LOCATED
ON THE EAST SIDE OF AVENIDA DE PASQUAL AND NORTH
OF SIERRA BONITA, KNOWN AS ASSESSOR'S PARCEL NO.
945-110-019.
WHEREAS, Arthur Coltrain filed Planning Application No. 02-0473, in accordance with
the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. 02-0473 was processed including, but not limited
to public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. 02-0473 on
November 6, 2002, 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 opposition
to this matter;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of
the testimony, the Commission approved Planning Application No. 02-0473;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
The above recitations are true and correct and are hereby incorporated
Section 2. Findin.qs. The Planning Commission, in approving Planning Application
No. 02-0473 hereby makes the following findings as required by Section 17.04.040. (F) of the
Temecula Municipal Code:
1. That there are practical difficulties or unnecessary hardships created by strict
application of the code due to physical circumstances and characteristics of the property that
are not shared by other properties in the zone.
There are practical difficulties and unnecessary hardships created by strict application of
the code due to physical circumstances and characteristics of the property that are not
shared by other properties in the zone. Other properties in the zone do not have similar
topography constraints, as does the subject property. The subject property is an
irregularly shaped lot while the surrounding property owners have lots considered to be
more regular in shape. The subject property has at least seventy five percent of its total
area that could not be developed. The natural drainage course and steep slopes have
dictated the only logical area for a single-family residence. Strict application of the code
would require the applicant to execute excessive amounts of grading.
applicant.
The circumstances and characteristics for the variance were not created by the
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The applicant did not create the circumstances and characteristics for the variance. The
applicant was not involved in the division of the property, which created the irregularly
shaped lot. The shape of the lot and the topography constraints on the lot has created
the need for the variance.
3. The variance does not grant special privileges, which are not otherwise available
to surrounding properties, and will not be detrimental to the public welfare or to the property of
other person located in the vicinity.
Granting the variance does not provide any special privileges to the property owner.
The variance will permit the applicant to site their home in a manner more consistent
with the existing pad and topography. The orientation of the home and the reduced
setbacks will permit the applicant to build a home more consistent with the size and
scale of the existing neighborhood. The approval of the variance will not be detrimental
to the public welfare or to the property of other persons located in the vicinity.
properties.
The variance places suitable conditions on the property to protect surrounding
The project has been conditioned in accordance with requirements of the development
code, building codes and fire codes.
5. The variance does not permit uses, which are not otherwise allowed in the zone.
The variance does not permit uses, which are not otherwise a/lowed in the Low Density
Residential Zone (L 1). The applicant is only requesting setback variances to build a
sing/e-family residence that is permitted within the zone.
Section3. Environmental Compliance. A Notice of Exemption for Planning
Application No. 01-0147 was made per the California Environmental Quality Act Guidelines
Section 15332 (In-Fill Development Projects, Class 32). This project is an in-fill development
and it meets the following criteria:
· The proposed project is consistent with the general plan designation as well as the goals
and policies contained in the general plan.
· The project site is less than five acres and is surrounded by single-family residences.
· The granting of the variance will allow the applicant to site the proposed home on an
existing pad and will require minimal grading. In the utilization of the previously graded pad
it will insure no impact to endangered or threatened wildlife.
· The approval of the variance will not adversely affect the environment specifically as it
relates to traffic, noise, air quality, or water quality. Whether the variance is approved or
denied the applicant will still be permitted to place a single-family structure on the existing
lot.
· The site will be served by all the required utilities and public services.
Section 4. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves Planning Application No. 02-0473 for Variance to permit a 10-foot
reduction for the rear yard setback and a 2-foot reduction for the front yard setback located on
the east side of Avenida De Pasqual and north of Sierra Bonita at, known as Assessors Pamel
NO. 945-110-019. The Conditions of Approval are contained in Exhibit A.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 6Ih day of November 2002.
ATTEST:
Ch~niaeff, Chairperso~../~
De~bi(~ Ubnoske, Secretary
[SEAL] ~
STATE OF CALIFORNIA )
COUNTY OF RIVERS!DE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2002-051 was duly and regularly adopted by the Planning Commission
of the City of Temecula at a regular meeting thereof held on the 6Ih day of November, 2002, by
the following vote:
AYES:
3 PLANNING COMMISSIONERS: Olhasso, Telesio and Chiniaeff
NOES:
0 PLANNING COMMISSIONERS: None
ABSENT: 2 PLANNING COMMISSIONERS: Guerriero and Mathewson
ABSTAIN: 0 PLANNING COMMISSIONERS: None
~)e~bie Ubnoske, Secretary -
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EXHIBIT A
CONDITIONS OF APPROVAL
VARIANCE
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. 02-0473 (Variance)
Project Description:
A Variance to permit a 10-foot reduction for the rear
yard setback and a 2-foot reduction for the front yard
setback located on the east side of Avenida De
Pasqual and north of Sierra Bonita.
DIF Category:
Residential
Assessor Parcel No.: 945-110-019
Approval Date:
November 6, 2002
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant shall deliver to the Community Development Department - Planning
Division 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 Community Development
Department - Planning Division 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
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
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 fulJy, permittee/applicant shall not, thereafter be responsible to indemnify,
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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.
Prior to the Issuance of Grading Permits
The applicant shall sign both copies of the final conditions of approval that will be
provided by the Community Development Department - Planning Division staff, and
return one signed set to the Community Development Department - Planning Division for
their files.
A copy of the Grading Plan shall be submitted and approved by the Planning
Department.
Prior to the Issuance of Building Permits
5. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule.
BUILDING DEPARTMENT
All design components shall comply with applicable provisions of the 1998 edition of the
California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code;
California Administrative Code, Title 24 Energy and Disabled Access Regulations and
the Temecula Municipal Code. (For building plans submitted prior to November 1,
2002. Plans submitted for review after November 1, 2002 shall comply with
applicable provisions of the 2001 edition of the California Building, Plumbing and
Mechanical Codes; 1999 National Electrical Code; California Administrative Code,
Title 24 Energy and Disabled Access Regulations and the Temecula Municipal
Code.)
A receipt or clearance letter from the Temecula Valley School District shall be submitted
to the Building & Safety Department to ensure the payment or exemption from School
Mitigation Fees.
8. Obtain all building plans and permit approvals prior to commencement of any
construction work.
9. Obtain street addressing for all proposed buildings prior to submittal for plan review.
10.
Provide appropriate stamp of a registered professional with original signature on plans
prior to permit issuance.
11.
Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan for plan review.
12.
Truss calculations that are stamped by the engineer of record and the truss
manufacturer engineer are required for plan review submittal.
13.
A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
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14. Show all building setbacks.
15.
Signage shall be posted conspicuously at the entrance to the project that indicates the
hours of construction, shown below, as allowed by the City of Temecula Ordinance No.
0-90-04, 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
FIRE PREVENTION
16.
Final fire and life safety conditions will be addressed when building ptans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which
are in force at the time of building plan submittal.
17.
The Fire Prevention Bureau is required to set a minimum fire flow for residential land
division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this
project, a water system capable of delivering 1500 GPM at 20-PSI residual operating
pressure with a 2-hour duration. The required fire flow may be adjusted during the
approval process to reflect changes in design, construction type, or automatic fire
protection measures as approved by the Fire Prevention Bureau. The Fire Flow as
given above has taken into account all information as provided. (CFC 903.2, Appendix
Ill-A)
18.
The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be
located on Fire Department access roads and adjacent public streets. Hydrants shall be
spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet
from any point on the street or Fire Department access road(s) frontage to a hydrant.
The required fire flow shall be available from any adjacent hydrant(s) in the system. The
upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix
19.
A minimum 2000 gallon water tank may be used to replace the fire flow and hydrant
requirements above, but must be installed with Fire Prevention Bureau approval.
20.
Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any
cul-de-sac shall be thirty-eight (38) feet. (CFC 902.2.2.3)
21.
Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent
roads are installed. Temporary Fire Department access roads shall be an all weather
surface for 40,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2)
22.
Prior to building final, all locations where structures are to be built shall have approved
Fire Department vehicle access roads to within 150 feet to any portion of the facility or
any portion of an exterior wall of the building(s). Fire Department access roads shall be
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an all weather surface designed for 40,000 lbs. GVW with a minimum AC thickness of
.25 feet, or a reasonable alternative acceptable to the Fire Department. (CFC sec 902)
23.
Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet, single family driveways used as Fire Department Access Roads
maybe twenty (20) feet, and an unobstructed vertical clearance of not less than thirteen
(13) feet six (6) inches. (CFC 902.2.2.1)
24.
Prior to building construction, dead end roadways and streets in excess of one hundred
and fifty (150) feet shall have a turnaround capable of accommodating fire apparatus.
Temporary turnarounds shall be provided until the permanent roads are completed.
(CFC 902.2.2.4)
25.
The gradient for a fire apparatus access road shall not exceed fifteen (15) percent. (CFC
902.2.2.6)
26.
Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective
Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3)
27.
All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by firefighting personnel. (CFC 902.4)
28.
Approved number or addresses shall be provided on all new and existing building in
such a position as to be plainly visible from the street or road fronting the property.
Numbers shall be of a contrasting color to their background. Single-family residences
shall have four (4) inch numbers as approved by the Fire Prevention Bureau.
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 Community Development Department approval.
Applicant's Signature
Date
Name printed
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