HomeMy WebLinkAbout05_011 DH Resolution
DH RESOLUTION NO. 2005-011
A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA05-0169, A MAJOR MODIFICATION OF THE CRAFTSMAN
ELEVATIONS IN TRACTS 29798-3 AND 29798-7 OF WOLF
CREEK (MARQUIS HOME PRODUCT REVIEW), APPROVING
THE REQUEST TO REPLACE THE SHAKE SHINGLE SIDING
WITH LAP SIDING AND DENYING THE REQUEST TO
REPLACE THE SHAKE SHINGLE SIDING WITH STUCCO.
WHEREAS, the City Council of the City of Temecula adopted the Wolf Creek Specific
Plan on February 13, 2001 ;
WHEREAS, Woodside Homes, filed Planning Application No. PA05-0169, in a manner
in accord with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. PA05-0169 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. PA05-0169 on August 25, 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 Director Hearing and aiter due consideration of the
testimony, the Planning Director approved the request to replace the shake shingle siding with
lap siding and denied the request to replace the shake shingle siding with stucco for Planning
Application No. PA05-0169 subject to the conditions aiter finding that the project proposed in
Planning Application No. PA05-0169 conformed to the Wolf Creek Specific Plan, City of
Temecula General Plan and Development Code;
NOW, THEREFORE, THE DIRECTOR OF PLANNING 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.
PA05-0169 (Major Modification to a 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 land use
designation standards contained in the Wolf Creek Specific Plan and the City's
Development Code. The project is also consistent with the Low Medium 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
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requirements of State law and local ordinances, including the California Environmental
Quality Act (CEQA), the City Wide Design Guidelines, and fire and building codes.
The option to replace the shake shingle siding with lap siding was approved, while the
option to replace the shake shingle siding with stucco was denied. The lap siding
improves the look of the Craftsman elevation, while the stucco option detracts from the
character and authenticity of the Craftsman style.
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 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 Exemption for Planning
Application No. PA05-0169 was prepared per the California Environmental Quality Act
Guidelines Section 15162. This section applies when an Environmental Impact Report (EIR) has
been certified and there are not substantial changes not discussed or examined in the EIR.
Section 4. Conditions. That the City of Temecula Director of Planning hereby
approves Planning Application No. PA05-0169, a Major Modification of the Craitsman elevations
in Tracts 29798-3 and 29798-7 of Wolf Creek (Marquis Home Product Review), to replace the
shake shingle siding with lap siding, 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 25th day of August, 2005.
...
Don Hazen;--
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that
DH Resolution No. 2005-011 was duly and regularly adopted by the Director of Planning of the
City of Temecula at a regular meeting thereof held on the 25th day of August, 2005.
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA05-0169
Project Description: A Major Modification of the Craftsman elevations in
Tracts 29798-3 and 29798-7 of Wolf Creek (Marquis
Home Product Review), to replace the shake shingle
siding with lap siding.
Tentative Tract No. 29798-3 and 29798-7
DIF Category: Per Development Agreement
TUMF: NA
MSHCP: NA
Assessor's Parcel No: 961-020-007 and 961-020-008
Approval Date: August 25, 2005
Expiration Date: August 25, 2007
PLANNING DEPARTMENT
Within Forty-Eight 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 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,
employees, consultants, contractors, legal counsel, and agents. City shall promptly
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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 project shall meet all applicable Conditions of Approval for Tract Map Number
29798 (PA01-0233) and Home Product Review (PA04-0006).
4. This approval is for a major modification to the 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.
5. 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.
6. 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.
7. The development of the premises shall substantially conform to the approved plans,
contained on file with the Planning Department. Furthermore, the revisions shall pertain
to the replacement of shake shingle siding with lap siding only, and only in those
locations as found on the approved elevations contained on file in Pianning Application
No. PA04-0006 and PA05-0169.
8. The colors and materials for this project shall substantially conform to the approved
colors and materials contained on file with the Planning Department, Planning
Application No.'s PA04-0006 and PA05-0169, or as amended herein. Any deviation
from the approved colors and materials shall require approval of the Director of
Planning.
9. The condition of approval specified in this resolution, to the extent specific items,
materials, equipment, techniques, finishes or similar matters are specified, shall be
deemed satisfied by staffs prior approval of the use or utilization of an item, material,
equipment, finish or technique that City staff determines to be the substantial equivalent
of that required by the condition of approval. Staff may elect to reject the request to
substitute, in which case the real party in interest may appeal, aiter payment of the
regular cost of an appeal, the decision to the Planning Commission for its decision.
10. 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.
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Prior to the Issuance of Building Permits
11. The applicant shall comply with standards, conditions and requirements set forth in the
Wolf Creek Specific Plan, Mitigation Monitoring Program, conditions of approval for Tract
Map 29798 (PA01-0233), conditions of approval for Home Product Review in Tracts
29798-3 and 29798-7 (PA04-0006), and Ordinance No. 00-02, the Deveiopment
Agreement between the City of Temecula and S.P. Murdy, LLC for the Wolf Creek
Specific Plan.
12. Slip sheets of the new elevations identifying the lap siding on the revised Craitsmen
elevation shall be provided for review and approval by the Planning Department prior to
issuance of a building 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 Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
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