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Home My WebLink About07_011 PC Resolution J PC RESOLUTION NO. 07-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0052, A MINOR MODIFICATION TO APPROVE THE RELOCATION OF AN EXISTING 10 FOOT HIGH BLOCK WALURETAlNING WALL ALONG RANCHO VISTA ROAD FOR THE PREVIOUSLY APPROVED GALLERY PORTRAITS PROJECT, A TEN LOT SINGLE-FAMILY HOME DEVELOPMENT LOCATED ON THE SOUTHEAST CORNER OF YNEZ ROAD AND RANCHO VISTA ROAD. (APN: 944-092- 024) Section 1. Procedural Findinas. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 7, 2007, Planning Commission approved Planning Application No. PA07-0052. B. On February 13, 2007, Ms. Charlene Kussner representing Gallery Homes filed Planning Application No. PA07.0052 (Minar Modification) in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on March 7, 2007, 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. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA07-0052 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findinos. The Planning Commission, in approving the Application hereby finds, determines and declares that: Tentative Tract Map/ Minor Modification (Section 16.09.140 Temecula Subdivision Ordinance) A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan and the City of Temecula Municipal Code; The subdivision meets the City's Development Code, General Plan, and Municipal Code requirements and has been approved. The proposed project is a minor modification to approve an existing 10 foot block waIVretaining wall that is located within the subdivision development. G:IPlanningl2OO7\PA07 -0052 Gallery Homes Minor ModificationIPlanningIPC RESOLUTION EXEMPT FROM CEQA.doc 1 j B. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; The Tentative Tract Map did not propose to subdivide land that was subject to the California Land Conservation Act of 1965. The proposed project is a minor modification to approve an existing 10 foot block waIVretaining wall that is located within the subdivision development. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map; The site is already developed with the previously approved subdivision of ten single family homes. The proposed project is a minor modification to approve an existing 10 foot block waIVretaining wall that is located within the subdivision development. D. The design of the subdivision and the proposed improvements, with Conditions of Approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; The design of the subdivision was adequately reviewed under CEQA. The proposed project is a minor modification to approve an existing 10 foot block waWretaining wall that is located within the subdivision development. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The design of the subdivision and subdivision improvements have been adequately reviewed and approved under the Fire Department, Public Works, and Building Department health and safety regulations. The proposed project is a minor modification to approve an existing 10 foot block walVretaining wall that is located within the subdivision development. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; The subdivision has provided opportunities for passive or natural heating or cooling to the extent feasible. The proposed project is a minor modification to approve an existing 10 foot block walVretaining wall that is located within the subdivision development. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided; The subdivision has adequately incorporated existing easements into the development. The proposed project is a minor modification to approve an existing 10 foot block wall/retaining wall that is located within the subdivision development. G:\Planning\2007\PA07-0052 Gallery Hnmes Minor Modification\PlanningIPC RESOLUTION EXEMPT FROM CEQA.doc 2 H. (Quimby); The subdivision is consistent with the City's parkland dedication requirements The project was conditioned and has already satisfied the City's parkland dedication requirements. Section 3. Environmental Comoliance. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be Categorically Exempt from further environmental review (Section 15301, Existing Facilities, Class 1). Section 4. Conditions_ The Planning Commission of the City of Temecula approves Planning Application No. PA 07-0052, a Minor Modification to approve an existing 10 foot high block wall/retaining wall along Rancho Vista Road fro the previously approved Gallery Portraits project, a 10 lot development located on the south east corner of Ynez Road and Rancho Vista Road subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:\Planningl2OO7\PA07-0052 Gallery Hnmes Minor Modification\PlanningIPC RESOLUTION EXEMPT FROM CEQA.doc 3 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of March 2007. t,---;7 iniaeff, Chairman ATTEST: ~~~ Debbie Ubnoske, Secretary .: " " '..' ~ - -'"'. '{SEAl..] \ '-..r.;:, ~- . . . :., \ ,. '~~<,).;:~.::.~\ '~STATE QF'GAtlFORNIA 'COU~i"Y O~;fiIVERSIDE --CITY OF T,EMECULA ) ) ss ) /''-.... I, Debbie Ubnoske. Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 07-11 was duly and regularly adopted b~ the Planning Commission of the City of Temecula at a regular meeting thereof held on the i day of March 2007, by the following vote: AYES: 3 NOES: 0 ABSENT: 2 PLANNING COMMiSsIoNERS: Chiniaeff, Harter, Telesio PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: Carey, Guerriero PLANNING COMMISSIONERS: None ~4-c. u~y - Debbie Ubnoske. Secretary G:\Planning\2007\PA07-OO52 Gallery Hnmes Minnr Modification\PlanninglPC RESOLUTION EXEMPT FROM CEQA.doc 4 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\Planningl2OO7\PA07-0052 Gallery Hornes Minor Modificatinn\PlanningIPC RESOLUTION EXEMPT FROM CEQAdoc 5 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07-0052 Project Description: A Minor Modification to approve the relocation of an existing 10 foot high block walVretalning wall along Rancho Vista Road for the previously approved Gallery Portraits project, a ten lot single-family home development located on the south east corner of Ynez Road and Rancho Vista Road. Assessor's Parcel No. 944-092-024 MSHCP Category: N/A DIF Category: N1A TUMF Category: N/A Approval Date: March 7, 2007 Expiration Date: March 7, 2009 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 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)). (OR) G:IPlanning\2007\PA07-G052 Gallery Home. Minor ModificationlPlanninglFinal COA'..doc 1 GENERAL REQUIREMENTS G:IPlanning\2007\PA07-G052 Gallery Homes Minor ModificationlPlanninglFinal COA's.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. 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. 5. 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 1-year extensions of time, one year at a time. 6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 7. 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. 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\2007\PA07-G052 Gallery Homes Minor ModificationlPlanninglFinal COA's.doc 3