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HomeMy WebLinkAbout06_020 PC Resolution PC RESOLUTION NO. 06-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAOS-0335, A DEVELOPMENT PLAN (PRODUCT REVIEW) FOR 112 DETACHED SINGLE-FAMILY HOMES AND PLANNING APPLICATION PA06-0014, A MINOR EXCEPTION APPLICATION FOR THE REDUCTION OF LESS THAN TWO FEET OF THE REAR SETBACK FOR THREE OF THE PROPOSED HOMES LOCATED WITHIN TRACT MAP 32437-3 AND 32437-F, NORTH SIDE OF DATE STREET, ADJACENT TO THE NORTHEAST CORNER OF THE INTERSECTION OF YNEZ ROAD AND DATE STREET :,\ WHEREAS, Brian Faber with Lennar Homes, filed Planning Application No. PA05-0335 and PA06-0014, in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA05-0335 and PA06-0014 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No. PA05-0335 and PA06-0014 on March 1,2006, 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 Planning Commission Hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA 05-0335 and PA06-0014 subject to the conditions after finding that the project proposed in Planning Application No. PA05-0335 and PA06-0014 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. Findinas. The Planning Commission, in approving Planning Application No. PA05-0335 (Development Plan) and PA06-0014 (Minor Exception) 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; The proposed single-family homes are permitted in the Low Medium Density Residential (LM) land use designation standards contained in the City's General Plan, Development Code, and the Harveston Specific 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 cOf1sistent with other applicable G:\Planning\2005\PA05-0335 Prescott @ HarvestOD - Home Product Review\Planning\FINAL RESO AND COA'S.doc I requirements of State law and local ordinances, including the California Environmental Quality Act (CEQA), 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 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. Minor Exception (Code Section 17.03.060 0) A. That there are practical difficulties or unnecessary hardships created by strict application of the code due to physical characteristics of the property; The Harveston Specific Plan requires a minimum rear yard setback of twenty feet for homes located within the Low Medium zoning district. These three lots are unable to meet this requirement because of the slight shift in the street alignment. This slight inward shift in the street alignment and the need to provide a varied streetscape by intermixing the different floor plans, has created a problem for three of the lots, that do not meet the rear yard setback requirement. 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 within the vicinity; The Minor Exception does not grant a special privilege, which is not otherwise available to surrounding properties because this minor exception is to the rear yard setback of three lots only. Due to the design of the streets, the shape of the lots are configured differently from the other lots, making it difficult to achieve a street scene full of variety while having these entire lots meet the minimum front yard and rear yard setback requirements. A strict interpretation of the Specific Plan development standards will place a hardship on the property owner in trying to meet the front yard setback requirements as well as keeping the intent and integrity of the design intact. The reduction in the rear yard setback will not be detrimental to the general public. 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 three single-family homes will be encroaching less than two feet into the required rear yard setback of 20 feet. There will not be an invasion of privacy for the adjacent parcels because the project proposes a six-foot high fence between the rear and interior side yards of all the homes. There will be no significant impact on the amount of usable rear-yard space as result of the exception. The proposed project will not allow uses that are not permitted in the zone because the subject property and adjacent properties are zoned for residential uses and the proposed Minor Exception is for a residential use. G:\Planning\2005\PA05-0335 Prescott @ Harveston - Home Product Review\Planning\FINAL RESO AND COA'S.doc 2 Section 3. Environmental Compliance. A Notice of .Determination for Planning, Application No. PA05-0335 and PA06-0014 was prepared per the California Environmental Quality Act Guidelines Section 15162. In accordance with the California Environmental Quality Act, the proposed project is exempt from further environmental review and a Notice of Determination will be issued in compliance with CEQA Section 15162 - Subsequent EIR. The previously approved EIR was prepared for the Harveston Specific Plan. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No. P A05-0335 a Product Review for 112 detached single-family residential homes and PA06-0014, a Minor Exception to reduce the rear yard setback for three homes, 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 Planning Commission this 1 st day of March 2006. 4t ~~~1....,n.- Ron Guerriero, Chairman ATTEST: Jl!eth,~- W;;-~ .~ Deb ie Ubnoske, Secretary '~, :[SEAl:] ." " - ", -: ',""- G:\Planning\2005\PA05-0335 Prescott @ Harveston - Home Product Review\Planning\FINAL RESO AND COA'S.doc 3 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. 06-20 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of March 2006, by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Jyl-/.-x-c- ~~ Debbie Ubnoske, Secretary G:\Planning\2005\PA05-0335 Prescott @ Harveston - Home Product Review\Planning\FINAL RESO AND COA'S.doc 4 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA05-0335 and PA06-0014 Project Description: A .Development Plan (Product Review) for 112 detached, single-family homes located within Tract Maps 32437-3 and 32437-F and a Minor Exception for the reduction of the rear yard setback of less than two feet for three proposed homes located on the north side of Date Street, adjacent to the northeast intersection of Ynez Road and Date Street. DIF Category: TUMF: MSHCP Category: NJA Per Development Agreement NJA Per Development Agreement NJA Per Development Agreement Tentative Tract No.: TM 32437-3 and TM 32437-F Approval Date: March 1, 2006 Expiration Date: March 1, 2008 WITHIN 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 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\PA05-0335 Prescott @ Harveston - Home Product Review\Planning\FINAL RESO AND COA'S.doc 6 GENERAL REQUIREMENTS G:\P1anningl2005\PA05-0335 Prescott @ Harvestoo - Home Product ReviewlP1anningIFINAL RESO AND COA:S.doc 7 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 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's 32437-3 and 32437-F. 5. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Final Environmental Impact Report for the Harveston Specific Plan, and the approved Mitigation Monitoring Program thereof. 6. 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. 7. This approval shall be used within two 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-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 8. 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. 9. The development of the premises shall substantially conform to the approved plans, contained on file with the Planning Department. 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. Staff may elect to reject the request to amend or substitute G:\Planning\2005\PA05-0335 Prescott @ Harvesten - Home Product Review\PIanning\FINAL RESO AND COA'S.doc 8 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. 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. 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. . 13. Fire Hydrants shall be installed prior to the start of any construction at the site. 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. 15. All lots shall be built in accordance with the Site Plans labeled as "Elevations". G:IPlanning\2005IPA05-0335 Prescon @ Harvestoo - Home Product ReviewIPlanuinglFINAL RESO AND COA'S.doc 9 PRIOR TO THE ISSUANCE OF BUILDING PERMITS G:\Planning\2005\PA05-0335 Prescott @ Harveston ~ Home Product Review\Planning\FINAL RESO AND COAtS.doc 10 Planning Department 16. 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 lumens or reflections into the sky (lights must be downward facing). '17. A Lot Line Adjustment to Lots 13, 25, and 26 on Tract Map 32437-3 shall be completed and approved by the Planning Department. 18. Building Construction Plans shall indicate upgraded front and garage doors that represent the architectural style of the home. 19. Obtain street addresses from the Building Official prior to submittal of plans for plan review. 20. 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 21. Prior to construction of the Model Home complex, the applicant shall apply for a Model Home complex permit. 22. A separate building permit shall be required for all signage. 23. An appropriate method for screening the gas meters and other externally mounted utility equipment shall be reviewed and approved by the Planning Department. 24. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. A 3' clear zone shall be provided around fire check detectors as required by the Fire Department. Utilities shall be grouped together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Planting beds shall be designed around utilities. All light poles shall be located on the landscape plans and not conflict with trees. 25. A landscape maintenance program shall be submitted for approval with the landscape construction plans, 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 carryout the detailed program. 26. 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. G:\Planning\2005\PA05-0335 Prescott @ Harveston - Home Product Review\Planning\FINAL RESO AND COA'S.doc 11 27. A landscape maintenance program for all association maintained areas shall be submitted for approval with the landscape construction plans, 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 carryout the detailed program. 28. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Utilities shall be grouped . together in order to reduce intrusion. Planting beds shall be designed around utilities. All light poles shall be located on the landscape plans and shall not conflict with trees. 29. 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. 30. Provide a windows closed condition requiring a means of mechanical ventilation (fresh air intake) for all homes facing Ynez Road and Date Street. Fresh intake ducts at these homes should be based on the Uniform Building Code (UBC) requirements that state "in lieu of exterior openings for natural ventilation, a mechanical ventilating system may be provided. Such a system shall be capable of providing two air changes per hour with minimum outside fresh air requirements. 31. Provide standard upgraded windows with a Sound Transmission (STC) rating 27 or higher for all first floor windows on homes facing Date or Ynez Street. 32. Homes facing Date Street and Ynez Road should be provided with weather-stripped solid core exterior doors and exterior wall/roof assembles should be free of cut outs and openings. 33. All window and door assemblies used throughout the project shall be free of cut outs and openings and shall be well fitted and well weather-stripped. 34. Provide exterior walls with a minimum Sound Transmission Class (STC) rating of 46. Typical walls with this rating will have 2X4 studs or greater, 16" o.c. with R-13 insulation, a minimum 7/8" exterior surface of cement plaster and a minimum interior surface of W' gypsum board. 35. Provide roof/ceiling system utilizing minimum W' plywood sheathing that is well sealed to form a continuous barrier with minimum R-19 batt insulation in the joist cavities. G:\Planning\2005\PAOS-0335 Prescott @ Harveston - Home Product Review\Planning\FINAL RESO AND COA'S.doc 12 PRIOR TO BUILDING OCCUPANCY G:\Planning\2005\PA05-0335 Prescott @ Harveston . Home Product Review\Planning\FINAL RESO AND COA'S.doc 13 Planning Department 36. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 37. 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\PA05-0335 Prescott @ Harveston - Home Product Review\Planning\FINAL RESO AND COA'S.doc 14