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HomeMy WebLinkAbout06_029 PC Resolution PC RESOLUTION NO. 06-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0022, THE FIRST ONE-YEAR EXTENSION OF TIME FOR PLANNING APPLICATION NO. PA03-0551, A PRODUCT REVIEW FOR 99 DETACHED SINGLE-FAMILY RESIDENCES WITHIN PLANNING AREA 3 OF THE RORIPAUGH RANCH SPECIFIC PLAN LOCATED SOUTH OF MURRIETA HOT SPRINGS ROAD Section 1. Planning Application No. PA03-0551 was conditionally approved by the Temecula Planning Commission on March 3, 2004 and this approval expired on March 3, 2006. Section 2. Tanamera Homes, submitted Planning Application No. PA06-0022 on January 23, 2006, in accordance with the City of Temecula General Plan and Development Code. Section 3. Planning Application No. PA06-0022 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law. Section 4. The Planning Commission considered Planning Application No. PA06- 0022 on AprilS, 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. Section 5. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA06-0022. Section 6. That the above recitations are true and correct and are hereby incorporated by reference. Section 7. Findinas. The Planning Commission, in approving Planning Application No. PA06-0022 hereby makes the following findings as required by Section 17.05.010.F 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 Roripaugh Ranch 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 the 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; G:\Planning\2006\PA06-0022 Madison at Ro,ipaugh - EOnPlanninglFinal Reso.doc 1 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 8. Environmental Comoliance. On November 26, 2002, the City Council adopted Resolution No. 02-111 certifying the Environmental Impact Report for the Roripaugh Ranch Specific Plan and Related Planning Applications, including the Development Agreement ("EIR"). The Planning Commission finds, based on the administrative record, that the EIR properly addressed all of the environmental issues encompassed within the Extension of Time and that: (1) there have been no substantial changes in the Project which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the Project has been undertaken which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR or that mitigation measures or alternatives not found feasible would in fact be feasible or that other mitigation measures or alternatives would substantially reduce one or more of the significant effects. Therefore, neither a subsequent nor a supplemental EIR is required and the Planning Commission recommends that a Notice of Determination (Determination of Consistency) for which an Environmental Impact Report was previously adopted (Section 15162 - Subsequent EIRs and Negative Declarations) be filed. Section 9. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA06-0022 for an Extension of Time for a Product Review for detached single family residences within Planning Area 3 of the Roripaugh Ranch Specific Plan located south of Murrieta Hot Springs Road and west of the future extension of Butterfield Stage Road, Assessor's Parcel No. 957-350-003, Tract Map 29661-3. The Conditions of Approval are contained in Exhibit A. G:\Planning\2006\PA06-0022 Madison at Roripaugh - EOTIPlanning\Final Raso.doc 2 Section 10. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of April 2006. ~~~-~ Ron Guerriero, airperson ATTEST: 1tethr-1:r<<~ ~ Debbie Ubnoske, Secretary / {SEA'=} / . STATE OF CALIFORNIA ) COUNTY OF RIVER,SiDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 06-29 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of April 2006, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Chiniaeff, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Guerriero ABSTAIN: 0 PLANNING COMMISSIONERS: None 7)~1-h ~< lC~~ Debbie Ubnoske, Secretary G:\Planning\2006\PA06-0022 Madison at Roripaugh - EOnPlanning\Final Roso.doc 3 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No. PA06-0022 Project Description: A request for the first one-year Extension of Time for a previously approved Development Plan (Planning Application, PA03-0551). Planning Application No. PA03-0551 was a Home Product Review application for 99' detached single-family homes within Planning Area 3 of the Roripaugh Ranch Specific Plan, located south of Murrieta Hot Springs Road and west of Butterfield Stage Road (Tract 29661-3) 957-350-003 Assessor Parcel No.: DIF Category: MSHCP Category: TUMF Category: Per Development Agreement Per Development Agreement Per Development Agreement Approval Date: April 5, 2006 Expiration Date: April 5, 2007 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer 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 with a DeMinimus Finding for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/developer 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\2006\PA06-0022 Madison at Rorlpaugh - EOl\Planning\FINAL COA's.doc1 GENERAL REQUIREMENTS G:\Planning\2006\PA06-0022 Madison at Roripaugh . EOTIPlanninglFlNAl COA's.d0c2 Planning Department 2. 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. 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, i,lnd 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. 4. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 5. This approval shall be used within one year 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 one-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. A separate building permit shall be required for all signage (Sign Program may be required). 8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 9. The conditions 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, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. G:\Planning\2006\PA06-0022 Madison at Roripaugh - EOnPlanninglFlNAL COA's.doc3 Planning Department 10. This project is subject to the conditions of approval for Planning Application No. PA03- 0551. 11. Corner lot side yards shall have at least two street trees per the Specific Plan. 12. A street tree master plan indicating what tree species will be planted on each street shall be submitted.. The plan should graphically show the locations of all trees. One tree species per street shall be provided. 13. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 14. Roof-mounted mechanical equipment shall not be permitted within the subdivision; however solar equipment or any other energy saving devices shall be permitted with Director of Planning approval. G:\Planning\2006\PA06-0022 Madison at Roripaugh - EOnPlanninglFlNAL COA".doc4 PRIOR TO THE ISSUANCE OF BUILDING PERMITS G:\Planning\2006\PA06-0022 Madison at Roripaugh - EOnPlanning\FlNAL COA's.d0c5 Planning Department 15. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings within private common areas for a period of one year, in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for one year from the completion of the landscaping. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released. G:lPlanningI2006IPA06-0022 Madison at Roripaugh - EOTIPlanning\FINAL COA's.d0c6 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:\PlanningI2006\PA06-0022 Madison at Roripaugh - EOnPlanninglFlNAL COA's.doc7 16. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the applicant shall release the bond upon request. 17. HOA landscaping shall be completed for inspection prior to issuance of building permits for those lots adjacent to HOA landscaped area. 18. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this 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 Planning Commission approval. Applicant's Signature Date Applicant's Printed Name G:lPlanning\2006IPA06-0022 Madison at Roripaugh - EOnPlanninglFlNAL COA's.d0c8