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HomeMy WebLinkAbout06_052 PC Resolution PC RESOLUTION NO. 06-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-o175 A VARIANCE TO ALLOW FOR AN ATTACHED RESIDENTIAL GARAGE EXPANSION TO ENCROACH 20.2 FEET INTO THE REQUIRED 25-FOOT SETBACK AT 31089 PAUBA ROAD Section 1. On June 8, 2006 the City of Temecula, filed Planning Application No. PA06-0175, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. The Application 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 the Application and environmental review on August 2, 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 Commission hearing and after due consideration , . of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder. Section 5. All legal preconditions to the adoption of this Resolution have occurred. 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 17.04.040 F. A. There are practical difficulties and unnecessary hardships created by the strict application to the code due to physical circumstances and characteristics of the property that are not shared by other properties in the zone; There are difficult and unnecessary hardships created by the strict application of the code due to unique physical characteristics and circumstances of the property itself. Prior to the commencement of the widening of Pauba Road to its ultimate right-of-way, the applicant had complete access to the existing three car garage onsite. The existing garage structure was approved under county jurisdiction, and currently holds legal non- conforming status, as it does not currently meet the Development Code requirements for front yard setbacks. Strict application of the current Development Code standard of 25 feet for front yard setbacks poses a practical difficulty and unnecessary hardship in that they applicant will no longer have full access to the existing three car garage after the completion of the Capital Improvement Project for Pauba Road. Additionally, the widening of Pauba Road to its ultimate right-of-way is consistent with the General Plan's Circulation Element. G:IPlanning\20061P A06-0175 Variance for 31089 Pauba RoadlPlanninglPC RESOLUTION.doc I B. applicant; The circumstances and characteristics for the variance were not created by the The circumstances and characteristics for the variance were not created by the applicant. The Capital Improvement Project for the widening of Pauba Road, in conjunction with the County approved ultimate right-of-way line, has resulted in unique circumstances and characteristics not created by the applicant. As a result of the road improvements, the existing driveway will be relocated to eliminate an unsafe access point. '- C. The variance does not grant specIal privileges which are not otherwise available to the surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity; The granting of the variance 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 granting of the variance will help maintain the public welfare and ensure public safety. Reconfiguring the existing garage and allowing the proposed garage addition to encroach into the required front yard setback will ensure that the applicant is not backing up from the garage straight onto a major arterial road. Therefore, any threat to public safety and welfare due to the unsafe relationship between the major arterial and the applicant's driveway approach will be minimized. Furthermore, the variance is not anticipated to have a negative impact upon the welfare and safety of property or persons in the surrounding area. D. . The variance places suitable conditions on the property to protect surrounding properties; It is not probable that the variance will have any adverse effects on the surrounding properties therefore suitable conditions are not necessary to maintain the quality of life and public health, safety and general welfare of the surrounding properties. E. The variance does not permit special uses which are not otherwise allowed in the zone; The granting of the variance does not permit uses which are otherwise allowed in the zone. The variance is for an existing residence located in the Low Density Residential Zone (L-1) and is consistent with the current allowable land uses in this zoning district. Section 8. Environmental Compliance. A Notice of Exemption for Planning Application No. PA06-0175 was made per the California Environmental Quality Act Guidelines Section 15301 (Existing Facilities, Class 1). The proposed project consists of minor alterations to an existing structure that does not exceed 50 percent of the floor area before the addition to the garage. Section 9. Conditions. The Planning Commission of the City of Temecula approves the Application PA06-0175, 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:\Planningl2006\PA06-0175 Variance for 31089 Pauba RoadlPlanningIPC RESOLUTION.doc 2 Section 10. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission.this 2nd day of August 2006. flU ~~, Ron Guerriero, Chairman ATTEST: ~-<'~~ Debbie Ubnoske, Secretary , " .....,.,;;'\ . -,/" I - .:- . ~ ._ _._.';'" . \ / .'C ~._[SEA!-]," ""--S l~~ '.~ __. ~'/'~ '~~~~~; /~ ... -~/ ,--" f.,.. / ". .J,JATEOF 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. 06-52 was duly and regularly adopted bl the Planning " Commission of the City of Temecula at a regular meeting thereof held on the 2" day of August 2006, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Cary, Chiniaeff, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Guerriero ABSTAIN: 0 PLANNING COMMISSIONERS: None M4~<- Vt~~ Debbie Ubnoske, Secretary G:IPlanning\2006\PA06-Q175 Variance for 31089 Pauba RoadlPlanninglPC RESOLUTlON.doc 3 EXHIBIT A FIANL CONDITIONS OF APPROVAL G:\Planning\2006\PA06-o175 Variance for 31089 Panb. Road\PIanningIPC RESOLUTION.doc 4 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PAOS-0175 Project Description: A request for a variance to allow for an attached residential garage expansion to encroach 20.2 feet into the required 25 foot setback at 31089 Pauba Road Assessor's Parcel No. 945-090-013 Approval Date: August 2, 2006 PLANNING DEPARTMENT Within 48 hours of the Approval of this Project 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 Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. 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)). General Requirements 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, juagments,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 this approval. G:lPlanning\2006\PAO~175 Variance for 31089 Pauba RoadIPlanninglFinal COAs.doc 1 5. The development of the premises shall substantially conform to the approved site plan contained on file with the Planning Department. Prior to Issuance of Grading Permits 6. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeologicaVcultural 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 his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or 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 archaeologicaVcultural 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." 7. The property owner shall obtain a building permit for any new construction taking place onsite. 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 Applicanfs Printed Name G:\Planning\2006\PAOEKl175 Varianca for 31089 Pauba RoadIPlannlnglFinal COAs.doc 2