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HomeMy WebLinkAbout06_048 PC Resolution PC RESOLUTION NO. 06-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0079, THE FIRST ONE-YEAR EXTENSION OF TIME FOR PLANNING APPLICATION NO. PA03-0634, A PRODUCT REVIEW FOR 113 DETACHED SINGLE-FAMILY RESIDENCES WITHIN PLANNING AREA 4B OF THE RORIPAUGH RANCH SPECIFIC PLAN LOCATED SOUTH OF MURRIETA HOT SPRINGS ROAD Section 1. Planning Application No. PA03-0634 was originally approved by the Temecula Planning Commission on May 19, 2004 and this approval expired on May 19, 2006. Section 2. Tanamera Homes, submitted Planning Application No. PA06-0079 on March 23, 2006, in accordance with the City of Temecula General Plan and Development Code. Section 3. Planning Application No. PA06-0079 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- 0079 on June 7, 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 malter. Section 5. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA06-0079. Section 6. That the above recitations are true and correct and are hereby incorporated by reference. Section 7. Findinas. The Planning Commission, in approving the Application 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 property 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 Califomia 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\PA06.0079 Hampton, at Roripaugh PA 48 - E01\PlanninglReso.doc 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 originally approves Planning Application No. PA06-0079 for an Extension of Time for a Product Review for detached single family residences within Planning Area 48 of the Roripaugh Ranch Specific Plan located south of Murrieta Hot Springs Road and west of the future extension of Bulterfield Stage Road, Assessor's Parcel No. 957-350-003, Tract Map 29661-5. The Conditions of Approval are contained in Exhibit A attached. G:\Planning\2006\PA06-0079 Hamptons at Roripaugh PA 48 - E01\PlanninglRcso.doc Section 10. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of June 200S. ~ '~~airman ATTEST: ~~.~~ Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. OS-48 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7th day of June .200S, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio NOES: o PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None 7),t-;k~. ~~ Debbie Ubnoske, Secretary G:\Planning\2006\PA06.0079 Hamptons at Roripaugh PA 48 - E01\PlanninglReso.doc EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA06-0079 Project Description: A request for the first one-year Extension of Time for a previously approved Development Plan (Planning Application, PA03-0634). Planning Application No. PA03- 0634 is a Home Product Review application for 113 detached single-family homes within Planning Area 4B of the Roripaugh Ranch Specific Plan, located south of Murrieta Hot Springs Road and west of Butterfield Stage Road (Tract 29661-5) 957-350-003 Assessor's Parcel No. MSHCP Category: DIF Category: TUMF Category: Per Development Agreement Per Development Agreement Per Development Agreement Approval Date: June 7, 2006 Expiration Date: June 7, 2007 WITHIN FIVE WORKING DAYS OF THE APPROVAL OF THIS PROJECT 1. The applicant/developer shall deliver to the Riverside County Clerk's Office 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. The CityofTemecula Planning Department, within 48 hours of the approval of the project, shall have completed and signed a Notice of Determination to be obtained by the Applicant/Developer to be delivered to the County Clerk with the appropriate check within five working days from the approval of the project. An affidavit of receipt shall also be signed, atthis time, by the Applicant/Developer to acknowledge their receipt ofthe Notice of Determination, and their responsibility for filing the Notice of Determination within five working days from the approval of the project with the Riverside County Clerk's office. (OR) G:\Planning\2006\PA06-0079 Hampton. at Roripaugh PA 46 - E01\PlannlnglFlNAL COA.doc GENERAL REQUIREMENTS G:lPlanning12006IPA06-0079 Hamptons at Roripaugh PA 46 - E01\PlanninglFINAL COA.doc 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, 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. 4. This project is subject to the conditions of approval for Planning Application No. PA03- 0634. 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 6. 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. 7. The Director of Planning may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. 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. 10. 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. G:\Planning\2006\PA06-0079 Hampton. at Roripaugh PA 46 . EOTIPlanninglFlNAL COA.doc 11. Corner lot side yards shall have at least two street trees per the Specific Plan. 12. 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. Fire Prevention 13. Any and all previous existing conditions for this project will remain in full force and effect unless superseded by more stringent requirements here. 14. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 15. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-l. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure with a 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided (CFC 903.2, Appendix III.A). 16. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix 111.8, Table A-III-B-l. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC 903.2, 903.4.2, and Appendix III-B). 17. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC 8704.2 and 902.2.2). 18. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs GVW (CFC 8704.2 and 902.2.2.2). 19. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 100. GVW with a minimum AC thickness of .25 feet (CFC see 902 and Ord 99-14). G:\Planning\2Q06\PA06-Q079 Hampton. at Roripaugh PA 46 - EOnPlanninglFlNAL COA.doc PRIOR TO ISSUANCE OF BUILDING PERMITS G:\Planning\2006\PA06-0079 Hampton. at Rorlpaugh PA 48 - E01\PlannlnglFlNAL COA.doc ~ Fire Prevention 20. The developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. Afterthe plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 241-4.1). 21. Prior to issuance of a Certificate of Occupancy or building final, "Slue Reflective Markers" shall be installed to identify fire hydrant locations (CFC 901.4.3). 22. AIVany manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC 902.4). 23. Prior to issuance of building permits, fuel modification plans shall be submitted to the Fire Prevention Bureau for review and approval for all open space areas adjacent to the wildland-vegetation interface (CFC Appendix II-A). 24. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones (CFC Appendix II-A). 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:\PlanningI2006\PA06-0079 Hampton. at Roripaugh PA 4B - EO"l\PlanninglFlNAL COA.doc