HomeMy WebLinkAbout06_002 DH Resolution
DH RESOLUTION NO. 06-002
A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA05-0215, A PRODUCT REVIEW FOR 133 DETACHED
SINGLE-FAMIL Y'RESIDENTIAL HOMES AND PLANNING
APPLICATION NO. PA05-0380, A MINOR EXCEPTION FOR A
REDUCED SIDE YARD SETBACK ON LOT 16 OF TRACT
30264-8. PROJECT SITE IS LOCATED WITHIN PLANNING
AREA 17 OF THE WOLF CREEK SPECIFIC PLAN, EAST OF
PECHANGA PARKWAY AND SOUTH OF WOLF VALLEY
ROAD. UNITS RANGE FROM 2897 SQUARE FEET TO 3267
SQUARE FEET WITH THREE DIFFERENT FLOOR PLANS AND
FOUR ARCHITECTURAL DESIGNS (ASSESSORS PARCEL
NO. 962-010-006, previous APN 962-010-012).
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. PA05-0215 and PA05-
0380, in a manner in accord with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application Nos. PA05-0215 and PA05-0380 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. PA05-0215 and PA05-0380 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. PA05-0215 and PA05-
0380 subject to the conditions after finding that the project proposed in Planning Application
Nos. PA05-0215 and PA05-0380 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. Findinos. The Planning Director, in approving Planning Application No.
PA05-0215 (Development Plan) hereby makes the following findings as required by Section
17.05.010F 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;
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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
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. PA05-0380 (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;
Reducing the side yard setback for Lot 16 in Tract 30264-8 from a total of 15 feet to 14
feet minimum 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 total side setback one foot. This will not be
detrimental to the public welfare or adjacent properties. A minimum 14 foot side yard
setback will be maintained for the subject lot, with a minimum building separation of 10
feet adjacent to Lot 17. If necessary, such exception would be available to surrounding
properties in confonnance 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.
The minor exception is to reduce the side yard setback 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. PA05-0215 and PA05-
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0380 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. PA05-0215, a Product Review for 133 detached single-
family residential homes and Planning Application PA05-0380, a Minor Exception to reduce the
side yard setback for Lot 16 of Tract 30264-8, located within Planning Area 17 of the Wolf Creek
Specific Plan (TM 30264-2 and 30264-8), units range from 2897 square feet to 3267 square feet
with 3 different floor plans and 4 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.
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that
DH Resolution No. 06-002 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.
~/~
Cyrfnia Lariccia, Secretary
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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 Nos.: PA05-0215 (Product Review) and PA05-0380 (Minor
Exception)
Project Description:
Planning Application No. PA05-0215 is a Product
Review for 133 detached single-family residential
homes. Planning Application No. PA05-0380 is a Minor
Exception to reduce the side yard setback from 15 feet
to 14 feet for Lot 16 in Tract 30264-8. The project site is
located within Planning Area 17 of the Wolf Creek
Specific Plan, located east of Pechanga Parkway and
south of Wolf Valley Road. Units range from 2,897
square feet to 3,267 square feet with 3 different floor
plans and 4 architectural designs.
Tentative Tract Nos.
30264-2 and 30264-8
DIF Category:
Per Development Agreement
Not applicable per Development Agreement
Not applicable per Development Agreement
TUMF:
MSHCP:
Assessor's Parcel No:
962-010-006 (previous APN 962-010-012)
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).
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GENERAL REQUIREMENTS
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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.
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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. A Lot Line Adjustment must be submitted for Lot 3, Tract 30264-8 to ensure 15-foot total
side yard setback can be met. This shall be approved and recorded prior to issuance of
precise grading permit for this phase.
13. The Development Code requires double garages to maintain a minimum clear interior
dimension of 20' x 20' and single garages to maintain a minimum clear interior
dimension of 10' 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.
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PRIOR TO THE ISSUANCE OF BUILDING PERMITS
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Planning Department
14. 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.
15. 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).
16. Prior to construction of the Model Home complex, the applicant shall apply for a Model
Home complex permit.
17. A separate building permit shall be required for all signage.
18. An appropriate method for screening the gas meters and other externally mounted utility
equipment shall be reviewed and approved by the Planning Department.
19. 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.
20. 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.
21. Construction Landscape Plans shall address the following:
a. Typical slope plans and all slopes on site plan shall show correct quantities of
trees and shrubs. Code requires slope banks 5' or greater in vertical height with
slopes greater than or equal to 3:1 to be landscaped at a minimum with an
appropriate ground cover, one 15 gallon or larger size tree per 600 square feet of
slope area, and one 1 gallon or larger shrub for each 100 square feet of slope
area. Slope banks in excess of 8' in vertical height with slopes greater or equal
to 2:1 shall also be provided with one 5 gallon or larger tree per 1,000 square
feet of slope area in addition to the above requirements.
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PRIOR TO BUILDING OCCUPANCY
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Planning Department
22. All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
23. 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
24. 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
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