HomeMy WebLinkAbout07_013 PC Resolution
PC RESOLUTION NO. 07-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA06-0325, THE FIRST ONE-YEAR EXTENSION OF TIME
FOR PLANNING APPLICATION NO. PA04-0133, A
DEVELOPMENT PLAN FOR 98 DETACHED SINGLE-FAMILY
RESIDENCES WITHIN PLANNING AREA 1A OF THE
RORIPAUGH RANCH SPECIFIC PLAN LOCATED SOUTH OF
MURRIETA HOT SPRINGS ROAD (TR29661-1)
Section 1. Procedural Findinos. The Planning Commission of the City of Temecula
does hereby find, determine and declare that:
A. On November 26, 2002, the City Council of the City of Temecula adopted and
certified an Environmental Impact Report (PA94-0076), a General Plan Amendment (PA99-
0298), the Roripaugh Ranch Specific Plan (PA94-0075), a Change of Zone (PA94-0075), a
Development Agreement (PA99-0299) and Tentative Tract Maps 29661 (PA01-0253) and
29353 (PA01-0230).
8. On November 3, 2004, the Planning Commission approved Planning Application
No. PA04-0133, a Development Plan for 98 single family homes.
C. On January 11, 2005, the City Council of the City of Temecula approved
Tentative Tract Map 32004 (PA04-0369) and Roripaugh Ranch Specific Plan Amendment NO.1
(PA04-0371) to change Planning Area 78 from Open Space (OS) to Low Medium Residential
(LM), Planning Area 10 from Low Density Residential (L) to Low-Estate Residential (L-E), and
make other changes to the Roripaugh Ranch Specific Plan.
D. On February 28, 2006, the City Council of the City of Temecula approved the
Roripaugh Ranch Specific Plan Amendment No. 2 (PA05-0341) to change the land use
designation for Planning Area 338 from Low Density Residential (L) to Open Space (OS) to
accommodate park and ride and trail head uses, and to relocate the park and ride facility from
Planning Area 11 to Planning Area 338.
E. On October 31, 2007, DR Horton filed Planning Application No. PA06-0325
(Extension of Time) in a manner in accord with the City of Temecula General Plan and
Development Code.
F. The Application was processed including, but not limited to a public notice, in the
time and manner prescribed by State and local law.
G. The Planning Commission, at a regular meeting, considered the Application and
environmental review on April 4, 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.
H. At the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission approved Planning Application No. PA06-0325 subject to and based
upon the findings set forth hereunder.
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I. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The Planning Commission, in approving the Application
hereby finds, determines and declares that:
Development Plan (17.05.01O.F)
A. The proposed use is in conformance with the General Plan for Temecula and
with all applicable requirements of State law and other ordinance of the City;
The project is consistent with the General Plan, the Development Code, and Roripaugh
Ranch Specific Plan because the project has been designed in a manner that it is
consistent with the applicable policies and standards for residential development. The
proposed single family residential use and density is permitted in the Low Medium
Density land use designation standards contained in the General Plan, Roripaugh Ranch
Specific Plan, and Development Code. 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;
The overall design of the single family homes, including the lot size, setbacks, 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 is
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 3. Environmental Findinqs. The Planning Commission hereby makes the
following environmental findings and determinations in connection with the approval of the
Extension of Time (PA06-0325):
A. Pursuant to the California Environmental Quality Act ("CEQA"), the Planning
Commission has considered the proposed Extension of Time. The Planning Commission has
also reviewed and considered the Final Environmental Impact Report ("FEIR") for the Roripaugh
Ranch Specific Plan adopted by the City Council as Resolution No. 02-111 on November 26,
2002, including the impacts and mitigation measures identified therein, and the subsequent
environmental reviews required as mitigation measures identified therein. Based on that review,
the Planning Commission finds that the proposed Extension of Time does not require the
preparation of a subsequent Environmental Impact Report or Mitigated Negative Declaration as
none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs.
15162) exist. Specifically, the Planning Commission also finds that the proposed Extension of
Time does not involve significant new effects, does not change the baseline environmental
conditions, and does not represent new information of substantial importance which shows that
the Extension of Time will have one or more significant effects not previously discussed in the
FEIR. All potential environmental impacts associated with the proposed Extension of Time are
adequately addressed by the prior FEIR, and the mitigation measures contained in the FEIR will
reduce those impacts to a level that is less than significant. A Notice of Determination pursuant
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to Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) is therefore the
appropriate type of CEQA documentation for the Extension of Time, and no additional
environmental documentation is required.
Section 4. Conditions. The Planning Commission of the City of Temecula approves
Planning Application No. PA06-0325, an Extension of Time for a previously approved
Development Plan for 98 single family homes within Planning Area 1A of the Roripaugh Ranch
Specific Plan, located south of Murrieta Hot Springs Road and west of the future extension of
Butterfield Stage Road (Tract 29661-1) subject to the Conditions of Approval set forth on Exhibit
A, attached hereto, and incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 4th day of April, 2007.
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l Dennis Chlnr halrman
ATTEST:
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De Ie noske, Secretary
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I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that the forgoing PC Resolution No. 07-13 was duly and regularly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof held on the 4th day of April,
2007, by the following vote:
AVES: 5
PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio
NOES: 0
ABSENT: 0
PLANNING COMMISSIONERS: None
PLANNING COMMISSIONERS: None
ABSTAIN: 0
PLANNING COMMISSIONERS: None
1.d.h/<- ~ SZ--
Debbie Ubnoske, Secretary
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No. PA06-0325
Project Description: A request for the first one-year Extension of Time for a
previously approved Development Plan (Planning
Application, PA04-0133). Planning Application No.
PA04-0133 was a Home Product Review application for
98 detached single family homes within Planning Area
1 A of the Roripaugh Ranch Specific Plan, located
south of Murrieta Hot Springs Road and west of
Butterfield Stage Road (Tract 29661-1)
Assessor Parcel No.: 957-340-048
DIF Category: Per Development Agreement
MSHCP Category: Per Development Agreement
TUMF Category: Per Development Agreement
Approval Date: April 4, 2007
Expiration Date: April 4, 2008
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicanVdeveloper 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) County administrative fee, to enable the City to file the Notice of Determination
for the previous Environmental Impact Report required under Public Resources Code
Section 21152 and California Code of Regulations Section 15904. If within said 48-hour
period the applicanVdeveloper 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)).
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.
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GENERAL REQUIREMENTS
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Planning Department
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 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. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department.
8. 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.
9. This project is subject to the Conditions of Approval for Planning Application No. PA04-
0133.
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10. 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
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