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HomeMy WebLinkAbout05_005 DH Resolution DH RESOLUTION NO. 2005-005 ARESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0021, A DEVELOPMENT PLAN (PRODUCT REVIEW) FOR TEN DETACHED SINGLE-FAMILY RESIDENTIAL HOMES LOCATED ON THE SOUTHEAST CORNER OF YNEZ ROAD AND RANCHO VISTA ROAD AND PA05-0121, A MINOR EXCEPTION TO INCREASE THE LOT COVERAGE FOR LOTS 2-4 BY ONE PERCENT (APN: 944-092-024). (TRACT MAP 31344). WHEREAS, Charlene Kussner, filed Planning Application No. PA05-0021, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA05-0021 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Director, at a regular meeting, considered Planning Application No. PA05-0021 on May 12, 2005, 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; WHEREAS, at the conclusion of the Planning Director Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA 05- 0021 subject to the conditions after finding that the project proposed in Planning Application No. PA05-0021 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE PLANNING DIRECTOR OF THE CITY OF TEMECULA DOES HEREBY 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 Director, in approving Planning Application No. PA05-0021 (Development Plan) hereby makes the following findings as required by Section 17.05.01 OF of the Temecula Municipal Code: 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. . The proposed single-family homes are permitted in the Low Medium Density Residential (LM) land use designation standards contained in the City's Development Code. The project is also consistent with the Low Medium density land use designation contained in the General Plan.' The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of 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), and fire and building codes. G:\Planning\2005\PAOS-0021 DP~ProduCI Review Gallery Portraits\Planning\FINAL RESO AND COA'S.doc 1 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, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of those living and 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 3. Environmental Compliance. A Notice of Determination for Planning Application No. PA05-0021 was prepared per the California Environmental Quality Act Guidelines Section 15162. This section applies when a Negative Declaration has been certified and there are no substantial changes not discussed or examined in the ND. A Negative Declaration was adopted on April 7, 2004 when the underlying Subdivision Map (TM 31344) was approved. Section 4. Conditions. That the City of Temecuia Planning Director hereby approves Planning Application No. PA05-0021, a Product Review for ten detached single-family residential homes, ranging from 3,751 square feet to 3,967 square feet with two (2) different floor plans and two (2) architectural designs for each plan, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with . any other conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 12th day of May 2005. Don I, Cynthia M. Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 2005-005 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 12th day of May, 2005. ""\.. G:\Planning\2005\PA05-0021 Dr-Product Review Gallery Portraits\Planning\FINAL RESO AND COA'S.doc 2 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\Plaoning\2005\PAOS-0021 DP-Product Review Gallery Portraits\Planning\FINAL RESO AND COA'S.doc 3 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA05-0021 Project Description: A Development Plan (Product Review) for ten detached single-family residential homes located on the south east corner of Ynez Road and Rancho Vista Road and PA 05-0121, a Minor Exception to increase the lot coverage for lots 2-4 by one percent and driveway width by fifteen percent (APN: 944-092-024). (Tract Map 31344). DIF Category: Residential TUMF Category: Residential MSHCP Category: Residential Tentative Tract No.: TIM 31344 Expiration Date: May 12, 2005 May 12, 2007 Approval Date: PLANNING DEPARTMENT 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 Determination 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 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 deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, I . employees, consultants, contractors, legal counsel, and agents. City shall promptly G:\Planning\2005\PA05-0021 DP-Product Review Gallery Portraits\PJanllillg\FlNAL RESO AND COA'S.doc 4 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. 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. All labels on the Color and Materials Board, and Elevations shall be readable on the photographic prints. 4. The project shall meet all applicable Conditions of Approval for Tract Map Number 31344 (PA03-0321). 5. The applicant shall comply with the Mitigation Monitoring Program for Planning Application No. PA03-0321. 6. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon deterrnining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." 7. - 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. 8. 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. 9. The Director of Planning may, upon an application being filed within thirty days 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. 10. The development of the premises shall substantially conform to the approved plans, contained on file with the Planning Department. G:\Planning\2005\PA05-0021 DP-Product Review Gallery Portraits\Planning\FINAL RESQ AND COA'S.doc 5 11. The colors and materials for this project shall substantially conform to the approved colors and materials contained on file with the Planning Departrnent, or as amended herein. Any deviation from the approved colors and materials shall require approval of the Director of Planning. Staff may elect to reject the request to amend or substitute materials and colors, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. 12. 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. 13. 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. 14. 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, with the exception of lots 3, 5, 8, and 9 to have a 27-foot driveway width. (Added at the 5/12/05 Director's Hearing) Prior to the Issuance of Building Permits 15. 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. 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 lurnens or reflections into the sky (lights must be downward facing). 16. Obtain street addresses from the Building Official prior to submittal of plans for plan review. 17. 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 Sundays or Government Holidays 18. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, 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 iterns: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of subrnittal). G:\Planning\2005\PA05-0021 DP-Produd Review Gallery Portraits\Planning\FINAL RESO AND COA'S.doc 6 b. Provide a minimum five foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. c. Provide an agronomic soils report with the construction landscape plans. d. Dotail of outdoor omployoe eating aroa. ThiEl aroa Elhall inoludo a trolliEl with appropriato vino!: to !:hado tho outdoor omployoo eroak aroa, docorati'/o furnituro and hard!:cap8 to match tho Eltylo of tho builElin€l Elubjoct to tho approval of tho Planning Diroctor. (Deleted at 5/12/05 Director's Hearing) e. One (1) copy of the approved grading plan. f. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). g. Total cost estimate of plantings and irrigation (in accordance with approved plan). h. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper grow1h 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. i. The construction landscape plan must conform to the approved product placement plan. 19. A separate building permit shall be required for all signage. 20. The applicant shall show garage doors representing the architectural style of the home on the construction building plans to the satisfaction of the Planning Director. 21. Wall and fence plans shall be submitted for review and approval by the Planning Director prior to the issuance of building permits for the project. 22. The applicant shall enhance the elevations facing public view on lots 1 and 10 with the use of muntins (lot 1), arched shutters (lot 1 and 10), window planters (lot 10), and stone trim over windows (lot 10). (Added at the 5/12/05 Director's Hearing) Prior to Building Occupancy 23. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. G:\Planning\2005\PAOS-0021 DP-Product Review Gallery Portraits\Planning\FINAL RESO AND COA'S.doc 7 24. All required landscape planting and irrigation, hardscape' and fencing within individual lots shall have been installed and completed for inspection consistent with the approved construction landscape plans prior to issuance of occupancy for each house (excluding model home complex). The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 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 Department approval. Applicant's Signature Date Applicant's Printed Name G:\Planning\2005\PA05-0021 DP-Product Review Gallery Portraits\Planning\FlNAL RESO AND COA'S.doc 8