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HomeMy WebLinkAbout04_066 PC Resolution PC RESOLUTION NO. 2004-066 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0260, A DEVELOPMENT PLAN FOR AN ADDITIONAL 20 UNITS AT THE APPROVED TEMECULA RIDGE APARTMENTS (PLANNING APPLICATION NO. PA99-0317 - DEVELOPMENT PLAN) TO RESULT IN THE DESIGN, CONSTRUCTION AND OPERATION OF A 240-UNIT, TWO AND THREE-STORY APARTMENT COMPLEX WITH A POOL, CLUBHOUSE, WORKOUT BUILDING AND TOT LOT ON APPROXIMATELY 21- ACRES LOCATED AT THE SOUTHEAST CORNER OF RANCHO CALIFORNIA ROAD AND MORAGA ROAD, KNOWN AS ASSESSOR'S PARCEL NO. 944-290-011. WHEREAS, AGK Group LLC filed Planning Application No. PA04-0260 Development Plan (the "Application") in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at regular meetings, considered the Application, on November 17, 2004, and December 15, 2004, at duly noticed public hearings 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; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved the Application subject to the conditions after finding that the project proposed in the Application conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 17.05.01 O.F of the Temecula Municipal Code; A. The proposed Project is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. 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 including the Development Code, Ordinance No. 655 (Light Pollution Ordinance), and the City's Water Efficient Landscaping Ordinance. The proposed use and the design of the project is compatible with the General Plan designation and zoning of Medium Density Residential (7- 12 dwelling units per acre). The project proposes a density of 11.5 which is within the range specified. ' .. R:\D P\2004\04-0260 Temecula Ridge Apartments\PC FINAL RESO & COAS 12-15-04.doc I B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The overall development of the land is designed for the protection of the public health, safety and general welfare. The types of improvements are not likely to cause serious public health problems. The project has been reviewed for conformance with the City's General Plan, Growth Management Program Action Plan, Development Code, and Landscaping Ordinances. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development conforms to City Standards. Access and circulation are adequate for the general public and for emergency vehicles. Section 3. Environmental Compliance. The project will have no significant environmental impacts and has been found to be consistent with a previously adopted Mitigated Negative Declaration (adopted December 12, 2000). An addendum to the previously approved Mitigated Negative Declaration has been adopted with an updated "Traffic and Circulation" section, pursuant to Section 15164 of the California Environmental Quality Act. An updated Traffic Impact Analysis (TIA) for the proposed 20 units was submitted, reviewed and accepted by the City's Traffic Engineer. The document concluded that the net impact percentage for the additional 20 units is less than one percent (0.65%), and therefore no additional off-site improvements would be required, only the payment of standard development impact fees. All previous mitigation for the approved 220 unit project would remain unchanged. Section 4. Conditions. Thatthe City ofTemecula Planning Commission hereby conditionally approves the Application for the design, construction and operation of a 240-unit, two and three story apartment complex with pool, clubhouse, workout building and tot lot on approximately 21 acres, located on the south side of Rancho California Road, southeast of the intersection of Rancho California Road and Moraga Road, and known as Assessor's Parcel No. 944-290-011, subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED this 15'h day of December, 2004. ~ l\ ,'J!._ John Telesio, Chairman ATTEST: ~~~~ Debbie Ubnoske, Secretary -, ..-..."..... . , ~ l, , ...... 1" . , . (SEAL] , '\ . (".,' 'I \..;:'" ., '; t'.::., ....r ..,' './ "' "~ -: :"'1 . .",..'.... . "r'~' ,--, {~; , .f, ,\"'-' \ .' /; !';/ . ;'., ~/ ~ " '.~ '. '>1 '" '.. -'.. '1,. R:\D P\2004\04-0260 Temecula Ridge ApartmenlS\PC FINAL RESO & COAS 12-15-Q4.doc 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) i, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2004- 066 was duly and regularly adopted bl the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15' day of December, 2004, by the following vote of the Commission: AYES: 3 PLANNING COMMISSIONERS: Chiniaeff, Olhasso, Telesio NOES: o PLANNING COMMISSIONERS: ABSENT: 2 PLANNiNG COMMiSSIONERS: PLANNING COMMISSIONERS: Guerriero, Mathewson ABSTAIN: 0 7)~6r--e' l/~~~0- De bie Ubnoske, Secretary R:\D P\2004\04-0260 Tcmecula Ridge Apartments\PC FINAL RESO & COAS 12-15-04.doc 3 EXHIBIT A FINAL CONDITIONS OF APPROVAL R:\D P\2004\04-0260 Temecula Ridge Apartments\PC FINAL RESO & COAS 12-15-04.doc 4 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA04-0260 Project Description: A Development Plan for an additional 20 units at the approved Temecula Ridge Apartments (Planning Application No. PA99-0317 - Development Plan) to result in the design, construction and operation of a 240-unit, two and three-story apartment complex with a pool, clubhouse, workout building and tot lot on approximately 21-acres located at the southeast corner of Rancho California Road and Moraga Road. Assessor's Parcel No. 944-290-011 DIF Category: Multi-Family Residential MSHCP Category: TUMP Category: Multi-Family Residential Multi-Family Residential Approval Date: December 15, 2004 Expiration Date: December15,2006 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant/developer 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 Determination with a DeMinimus Finding for the Mitigated or Negative Declaration required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval forthe project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection 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 R:\D P\2004\04-0260 Temecula Ridge Apartments\PC FINAL RESO & COAS 12-15-04.doc 5 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. 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. 4. The Director of Planning may, upon an application being filed within thirty day prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time. 5. The applicant shall comply with all conditions of approval for Planning Application Nos. PA99-0317 and PA02-0627, unless superceded by these conditions of approval. 6. The applicant shall comply with the Mitigation Monitoring Program for Planning Application No. PA99-0317. 7. The development of the premises shall substantially conform to the approved exhibits, contained on file with the Planning Department. 8. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 9. 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. Prior to the Issuance of Building Permits 10. A separate building permit shall be required for all signage. 11. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. 12. The construction plans shall indicate the application of painted rooftop addressing plotted on a 9-inch grid pattern with 45-inch tall numerals spaced 9-inch apart. The numerals shall be painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 13. Three (3) copies of revised Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform substantially with the R:\D 1'\2004\04-0260 Temecul. Ridge AparunentsIPC FINAL RESO & COAS 12-15-04.dnc 6 approved conceptual plans, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with approved plan). e. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. f. Shrub plantings shall be provided continuous along the face of the parking area (between the parking and the entry drive) located to the north of Building 18 where parking has been added. Leucophyllum frutescens "Green Cloud" are recommended. Shrubs should be able to be maintained at a minimum height of 3'. Prior to Building Occupancy 14. The property owner shall fully install all required landscaping and irrigation, and submit a landscape maintenance bond in a form and amount approved by the Planning Department for a period of one-year from the date of the first occupancy permit. 15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING DEPARTMENT 16. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 17. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31 , 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 18. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. R:\D 1'\2004104-0260 TemecuI. Ridge ApartmentslPC FINAL RESO & COAS J 2- J 5-04.doc 7 19. 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. 20. Obtain all building plans and permit approvals prior to commencement of any construction work. 21. Obtain street addressing for all proposed buildings prior to submittal for plan review. 22. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 23. Provide disabled access from the public way to the main entrance of the building. 24. Provide van accessible parking located as close as possible to the main entry. 25. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 26. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 27. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 28. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 29. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 30. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 31. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 32. Show all building setbacks. 33. 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. 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 FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. R:\D P\2004\04-0260 Temecula Ridge Apartments\PC FlNALRESO & COAS 12-15-04.doc g 34. Final fire and life safety conditions will be addressed when building plans 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. 35. Any existing conditions will remain in full force and effect and be unchanged. 36. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications. (CFC art.87 et al) 37. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all buildings per CFC Appendix III.A, Table A-III-A-1. The fire flow as set for the original/y entitled project will be adequate and remain in force. 38. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1.. The hydrants as set for the original/yentitled project will be adequate and remain in force. Special Conditions 39. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications. PUBLIC WORKS DEPARTMENT 40. This project shall comply with all the underlying Conditions of Approval, as modified on December 12, 2000 and the following two additional conditions. 41. All utilities, except electrical lines rated 34KV or greater, shall be installed underground. 42. Provide additional 12' of frontage right-of-way along the east south side of Rancho California Road for future street widening. (Modified by Planning Commission 12/15/04) COMMUNITY SERVICES DEPARTMENT General Conditions 43. All previous conditions of approval (PA02-0627) for this development shall apply. Prior to Issuance of Building Permits 44. The developer shall satisfy the City's parkland dedication requirement through the payment of in-lieu fees, based upon the Parkland Dedication formula in the Temecula Subdivision Ordinance for all additional units. R:\D 1'\2004\04.0260 Temecu!. Ridge ApartrnentsIPC FINAL RESO & COAS 12-1S-04.doc 9 45 The Multi-Use Trails and Bikeways Master Plan has identified an M-1 (8 foot wide) multi-use trail (Segment 17) along the westerly and southerly portion of this parcel. A public access trail easement will be dedicated by separate document to the City, to be located outside the existing public utility easement if not feasible in this location. All costs associated with this easement will be paid for by the developer. (Modified by Planning Commission 12/15/04) 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 Applicant's Printed Name R:\D 1'\2004\04-0260 Temecula Ridge ApartmentsIPC FINAL RESO & COAS 12-15-04,doc 10