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HomeMy WebLinkAbout06_046 PC Resolution PC RESOLUTION NO. 06-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA 06-0055, A DEVELOPMENT PLAN (PRODUCT REVIEW) FOR 76 DETACHED SINGLE-FAMILY CLUSTER HOMES LOCATED IN TRACTS 32436-1 AND 32436-F, ON THE NORTH SIDE. OF DATE STREET, ADJACENT TO THE NORTHEAST CORNER OF THE INTERSECTION OF YNEZ ROAD AND DATE STREET IN THE HARVESTON SPECIFIC PLAN Section 1. Scott Frick representing Lennar Homes, filed Planning Application No. PA06-0055, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. Planning Application No. PA06-0055 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. Section 3. The Planning Commission, at a regular meeting, considered Planning Application No. PA06-0055 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 matter. Section 4. At the conclusion of the Planning Commission Hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA06-0055 subject to the conditions after finding that the project proposed in Planning Application PA06-0055 conformed to the City of Temecula General Plan and Development Code. Section 5. Findinas. The Planning Commission, in approving the Application 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 consistent with other applicable 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 G:IPlanning\2006\PA06-0055 Emery Place - Product ReviewIPlanninglPC RESOLUTION NO.doc I 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 6. Environmental Comoliance. A Notice of Determination for Planning Application No. PA06-0055 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 7. Conditions. The Planning Commission of the City of Temecula approves the Application PA06-0055, all of the foregoing reasons and subject to the project specific conditions set forth on Exhibit A. attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary. G:IPlanning\2006IPA06-00SS Emery Place. Product ReviewIPlanninglPC RESOLUTION NO.doc 2 Section 8. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of June 2006. k~:-. Ron Guerriero, Chairman 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. 06-46 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 2006, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ~I;,.--c- {,.<~~ Debbie Ubnoske, Secretary G:IPlanning\20061P A06.OQ55 Emery Place - Product ReviewIPlanninglPC RESOLUTION NO.doc 3 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA06-0055 Project Description: A Development Plan to construct 76 detached single- family cluster homes on the north side of Date Street, adjacent to the northeast corner of the intersection of Ynez Road and Date Street in the Harveston Specific Plan Assessor's Parcel No. 916-410-005 MSHCP Category: DIF Category: TUMF Category: NIA per Development Agreement N1A per Development Agreement N1A per Development Agreement Approval Date: June 7, 2006 Expiration Date: June 7, 2008 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 Califomia 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:IPlanning1200S\PAOS-0055 Emery Place - Product ReviewIPlanning\Final COAs.doc 1 GENERAL REQUIREMENTS G:IPlanning1200S\PAOS-0055 Emery Place - Product ReviewIPlanninglFinal COAs.doc 2 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. 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 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. 6. 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. 7. 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. 8. 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. 9. A Lot Line Adjustment on Tract 32436-1, lots 13 and 14 will be submitted to the Planning Department for review and approval before issuance of building permits. 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 materials and colors, G:IPlanning12006\PAOS-0055 Emery Place - Product ReviewIPlanninglFinal COAs.doc 3 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. Applicant shall obtain the proper permits before construction, including Encroachment Permit from the Public Works Department for any work done in the City's right-of-way, and Building Permit from the Building and Safety Department. 12. Fire Hydrants shall be installed prior to the start of any construction at the site. 13. 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. 14. All lots shall be built in accordance with the Site Plans labeled as "Elevations". 15. The applicant shall submit to the Planning Department for permanent filing two 8" X 10" glossy photographic color prints of the approved Color and Materials Board and the colored architectural elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. G:\Planning12006\PA06-0055 Emery Place - Product RevlewIPlanninglFinal COAs.doc 4 PRIOR TO ISSUANCE OF GRADING PERMITS G:IPlanning12006\PAOS-0055 Emery Place. Product ReviewlPlanninglFinal COAs.doc 5 Planning Department 16. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at hislher sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult andlor authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeologicaVcultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." G:\Planning\2Q06\PAOS-0055 Emery Place. Product ReviewlPlanninglFinal COAs.doc S PRIOR TO ISSUANCE OF BUILDING PERMIT G:\Planning\2006\PAOS-0055 Emery Place. Product ReviewlPlanninglFinal COAs.doc 7 . J Planning Department 17. Obtain street addresses from the Building Official prior to submittal of plans for plan review. 18. 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 Hol,idays 19. Prior to construction of the Model Home complex, the applicant shall apply for a Model Home complex permit. 20. Construction building plans shall include upgraded front doors to the satisfaction of the Planning Director. 21. 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. 22. 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. 23. Provide standard upgraded windows with a Sound Transmission (STC) rating 27 or higher for all first floor windows on homes facing Date Street or Ynez Road. 24. Homes facing Date Street and Ynez Road should be provided with weather-stripped solid core exterior doors and exterior walVroof assembles should be free of cut outs and openings. 25. 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. 26. 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 Vi' gypsum board. 27. Provide rooflceiling system utilizing minimum Vi' plywood sheathing that is well sealed to form a continuous barrier with minimum R-19 batt insulation in the joist cavities. 28. Construct a six-foot high noise barFier wall for lots facing Ynez Road and Date Street. (Condition amended at the June 7, 2006 Planning Commission Hearing) 'G:IPlanning1200S\PAOS-0055 Emery Place - Product ReviewIPlanninglFinal COAs.doc 8 29. Three copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. Provide an agronomic soils report with the construction landscape plans. c. One copy of the approved grading plan. d. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). e. Total cost estimate of plantings and irrigation (in accordance with approved plan). f. The locations of all existing trees that will be saved consistent with the tentative map. g. A landscape maintenance program shall be submitted for approval, 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 carry out the detailed program. G:\Planning12006\PAOS-0055 Emery Place - Product ReviewlPlanninglFinal COAs.doc 9 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:\Planning\2006\PAOS-0055 Emery Place - Product ReviewIPlanninglFinai COAs.doc 10 Planning Department 30. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 31. Front yard and slope landscaping within individual lots shall be completed for inspection. 32. HOA landscaping shall be completed for inspection prior to issuance of occupancy for those lots adjacent to HOA landscaped area. 33. 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 a period of 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 bond shall be released upon request by the applicant. 34. 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 Community Development Department approval. Applicant's Signature Date Applicant's Printed Name G:IPlanning\200S\PAOS-0055 Emery Place - Product ReviewIPianninglFinal COAs.doc 11