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HomeMy WebLinkAbout09-027 PC Resolution PC RESOLUTION NO. 09 -27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA09 -0242, THE SECOND ONE -YEAR EXTENSION OF TIME FOR PA06 -0118, HOME PRODUCT REVIEW FOR 10 SINGLE FAMILY RESIDENCES (TRACT NO. 33630) LOCATED ON RANCHO CALIFORNIA ROAD EAST OF RIESLING COURT (APN 953 090 -028) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 2, 2006, the Planning Commission approved Planning Application No. PA 06 -0118, a Development Plan to construct ten single- family homes associated with Tract No. 33630. B. On October 15, 2008, the Planning Commission approved Planning Application No. PA08 -0170, the first one -year Extension of Time for Planning Application No. PA06 -0118. C. On July 31, 2009, Randy Allison, filed Planning Application No. PA09- 0242, Extension of Time Application, in a manner in accord with the City of Temecula General Plan and Development Code. D. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. E. The Planning Commission, at a regular meeting, considered the Application and environmental review on November 18, 2009, 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. F. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA09 -0242 subject to and based upon the findings set forth hereunder. G. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Extension of Time for Development Plan (Code Section 17.05.010F) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of Sate law and other Ordinances of the City; The Extension of Time application is consistent with the previously approved Development Plan. The proposed single- family homes are in conformance with the Low Medium land use designation of the General Plan. The project density of 2.7 dwelling units per acre is also within the 3 -6 dwelling units per acre for this land use designation. The project design and architecture is consistent with the City's Development Code and Design Guidelines. The site, 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 Extension of Time application is consistent with the previously approved Development Plan. The overall design of the single- family project, including the site layout, architecture, 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 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 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Extension of Time Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, Class 32 In -fill Development); 1. The project is consistent with Low Medium (LM) General Plan and Zoning designations. It is within City limits and less than five acres (project site is 3.71 acres). No habitat or sensitive species are located on site. 2. Approval of the project would not result in significant effects relating to traffic, noise, air quality or water quality. All utilities are available. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA09 -0242, the second one -year Extension of Time for PA06 -0118, Home Product Review for 10 single family residences (Tract No. 33630) located on Rancho California Road east of Riesling Court, 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 18th day of November 2119. ams tanley Harter, Chairman ATTEST: Patrick Richardson, Secretary [SEAL; STATE-OF CALIFORNIA COUNTY OF RIVERSIDE )ss CITY OF TEMECULA I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09 -27 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of November 2009, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Harter ABSTAIN: 0 PLANNING COMMISSIONERS: None ✓JCL Patrick Richardson, ecretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA09 0242 Project Description: The second one -year Extension of Time for PA06 -0118, Home Product Review for 10 single family residences (Tract No. 33630) located on Rancho California Road east of Riesling Court Assessor's Parcel No.: 953 090 028 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: November 18, 2009 Expiration Date: August 2, 2010 (consistent with original approval) PLANNING DEPARTMENT General Requirements PL 1. Unless modified herein, the Conditions of Approval provided for PA06 -0118 (Development Plan /Home Product Review) and PA08 -0170 (First Extension of Time) shall remain in effect. PL -2. 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)). PL -3. 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. PL 4. The Planning Director may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 1 additional one -year extension of time, one year at a time.