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HomeMy WebLinkAbout06_001 DH Resolution DH RESOLUTION NO. 06-001 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0220, A PRODUCT REVIEW FOR 126 DETACHED SINGLE-FAMILY RESIDENTIAL HOMES AND PLANNING APPLICATION NO. PA05-0359 A MINOR EXCEPTION TO REDUCE FRONT AND REAR YARD SETBACKS ON FOUR LOTS, LOCATED WITHIN PLANNING AREA 23 OF THE WOLF CREEK SPECIFIC PLAN, EAST OF PECHANGA PARKWAY AND SOUTH OF WOLF VALLEY ROAD. UNITS RANGE FROM 2,727 SQUARE FEET TO 3,133 SQUARE FEET WITH THREE DIFFERENT FLOOR PLANS AND THREE ARCHITECTURAL DESIGNS (ASSESSORS PARCEL NO. 962-010-006). 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 Nos. PA05-0220 and PA05- 0359, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application Nos. PA05-0220 and PA05-0359 were 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 Nos. PA05-0220 and PA05-0359 on January 5, 2006, 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 after due consideration of the testimony, the Planning Director approved Planning Application Nos. PA05-0220 and PA05- 0359 subject to the conditions after finding that the project proposed in Planning Application Nos. PA05-0220 and PA05-0359 conformed to the City of Temecula General Plan and Subdivision Ordinance. 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. PA05-0220 (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 G:\Planning\2005\PA05-0220 Wolf Creek Area 23 - Prodnct ReviewIPIanninglFinal RESO AND COA'S.doc 1 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 requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), the City Wide Design Guidelines, and fire and building codes. 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. The Planning Director, in approving Planning Application No. PA05-0359 (Minor Exception) hereby makes the following findings as required by Section 17.03.060 of the Temecula Municipal Code; A. That there are practical difficulties or unnecessary hardships created by strict application of the code due to physical characteristics of the property; The minor exception would allow the following setback reductions: Tract 30264-6, Lot 40 - front yard reduced from 10' to 9.9' Tract 30264-13, Lot 14 - front yard reduced from 10' to 9.2' Lot 46 - rear yard reduced from 20' to 19.2' Lot 48 - front yard reduced from 10' to 9' Reducing the front and rear yard setbacks allows for a more varied streetscene and varied architectural projects for the project. The minor exception also allows for the proposed project to maintain the number of total lots envisioned by the Wolf Creek Specific Plan with an appropriate sized home. B. The minor exception 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 persons located in the vicinity; The minor exception would reduce the rear or front setback up to one foot in four locations. This will not be detrimental to the public welfare or adjacent properties. If necessary, such exception would be available to surrounding properties in conformance with Development Code Section 17.03.060. C. The minor exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone; G:\Planning\2005\PA05-0220 Wolf Creek Area 23 - Product ReviewIPIanninglFmal RESO AND COA'S.doc 2 The minor exception is to reduce the front or rear yard setback up to one foot which is considerably less than the maximum reduction allowed by code of 15 percent. The exception does not permit used which are not otherwise allowed in the zone. Section 3. Environmental Comoliance. This project is consistent with the Wolf Creek Specific Plan Environmental Impact Report (EIR) certified by the City Council on February 13, 2001, therefore, a Notice of Determination for Planning Application Nos. PA05-0220 and PA05- 0359 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 no 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. PA05-0220, a Product Review for 126 detached single- family residential homes and Planning Application No. PA05-0359, a Minor Exception to reduce front and rear yard setbacks on four lots. The project site is located within Planning Area 23 of the Wolf Creek Specific Plan (TM 30264-6, 30264-12, and 30264-13), with units ranging from 2,727 square feet to 3,133 square feet with 3 different floor plans and 3 architectural designs, 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 5th day of January 2006. ~\ Don H~inciPal Planner I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that DH -Resolution No. 06-001 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 5th day of January 2006. fkTLi~~ CYfa Lariccia, ~ecretary G:\Planning\200S\PAOS-Q220 Wnlf Creek Area 23 - Prodnct ReviewIPlanninglFinal RESO AND COA'S.doc 3 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\PIanning\200S\PAOS-0220 Wolf Creek Area 23 - Product ReviewIPIanninglFinal RESO AND COA'S.doc 4 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA05-0220 (Product Review) and PA05-0359 (Minor Exception) Project Description: PA05-0220 is a Product Review for 126 detached single-family residential homes. PA05-0359 is a Minor Exception to reduce the rear and/or front yard setback on four lots up to one foot. The project site is located within Planning Area 23 of the Wolf Creek Specific Plan, located east of Pechanga Parkway and south of Wolf Valley Road. Units range from 2,727 square feet to 3,133 square feet with 3 different floor plans and 3 architectural designs. Tentative Tract Nos. 30264-6,30264-12, and 30264-13 DIF Category: Per Development Agreement Not applicable per Development Agreement Not applicable per Development Agreement TUMF: MSHCP: Assessor's Parcel No: 962-010-006 Approval Date: January 5, 2006 Expiration Date: January 5, 2008 WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT 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). G:\Planning\2005\PAOS-D220 Wolf Creek Area 23 - Product Review\Planning\Final RESO AND COA'S.doc 5 GENERAL REQUIREMENTS G:\Planning\2005IPAOS-Q220 Wnlf Creek Area 23 - Product ReviewIPlanninglFinal RESO AND cOA'S.doc 6 Planning Department 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 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 30264 (PA02-0339). 5. 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. 6. 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. 7. 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. 8. The development of the premises shall substantially conform to the approved plans, contained on file with the Planning Department. 9. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 10. The colors and materials for this project shall substantially conform to the approved colors and materials contained on file with the Planning Department, or as amended herein. Any deviation from the approved colors and materials shall require approval of the Director of Planning. G:\Planning\2005\PA05~0220 Wolf Creek Area 23 - Product Review\Planning\Final RESO AND COA'S.doc 7 11. 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. 12. The Development Code requires double garages to maintain a minimum clear interior dimension of 20' x 20'. This shall be clearly indicated on the plans prior to the issuance of building permits for the project. Interior dimensions are measured from the inside of garage wall to the opposite wall, steps, landing, equipment pedestals, bollards or any similar type feature. When the top of the stem wall is more than 8" above the garage floor, the required dimension is measured from the inside edge of the stem wall. G:\Planning\200S\PAOS-0220 Wolf Creek Area 23 . Prodnct ReviewIPIanninglFinal RESO AND cOA'S.doc B PRIOR TO THE ISSUANCE OF BUILDING PERMITS G:\Planning\200S\PAOS-0220 Wolf Creek Area 23 - Product ReviewIPIanninglFinal RESO AND cOA'S.doc 9 --~-,-_.~ . J Planning Department 13. 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 30264 (PA02-0339), and Ordinance No. 00-02, the Development Agreement between the City of Temecula and S.P. Murdy, LLC for the Wolf Creek Specific Plan. Including but not limited to Section 4.2.3. of the Development Agreement requiring payment of fees in the amount of $200/residential dwelling unit for public art, open space and habitat preservation. 14. 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 lumens or reflections into the sky (lights must be downward facing). 15. Prior to construction of the Model Home complex, the applicant shall apply for a Model Home complex permit. 16. A separate building permit shall be required for all signage. 17. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. 18. The 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. 19. Landscape plans for front yards, slopes and common lots, to include a plan for perimeter or "community" walls/fences, shall be submitted for review and approval by the Planning Director prior to the issuance of building permits for the project. 20. Construction Landscape Plans shall address the following: a. One symbol for each tree and one symbol for each type of shrub (I.e. large evergreen screen shrubs, small accent, color shrub, etc.). b. Per the Specific Plan, page IV-83: The planting of the interior project streets will consist of one (1) street tree per lot. In order to prevent a structured streetscene and in support of the design intent, each street is to include three varieties of trees as listed planted in a random order along the street. The street tree varieties are encouraged to be mixed along the streetscene. Street trees shall have root barriers per industry standards. G:\Planning\2005IPAOS-Q220 Wolf Creek Area 23 - Product ReviewIPlanninglFinal RESO AND cOA'S.doc 10 J PRIOR TO BUILDING OCCUPANCY G:\Planning\200S\PAOS-0220 Wolf Creek Area 23 - Product ReviewIPIanningIPinal RESO AND cOA'S.doc 11 J Planning Department 21. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 22. All required landscape planting and irrigation for each individual house shall have been installed consistent with the approved construction landscape plans and shall be in a condition acceptable to the Planning Director prior to occupancy for each house. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. Public Works Department 23. 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. Driveways should curve and flare out from 24' maximum at curbs to a width to accommodate the three-car garage. 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 G:\Planning\200S\PAOS-Q220 Wolf Creek Area 23 - Product ReviewIPlanninglFinal RESO AND COA'S.doc 12