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HomeMy WebLinkAbout10-008 PC Resolution PC RESOLUTION NO. 10 -08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA10 -0021 AND PA10 -0070, A HOME PRODUCT REVIEW APPLICATION FOR THE REMAINING 87 SINGLE - FAMILY LOTS IN HARVESTON'S BARRINGTON AND PRESCOTT NEIGHBORHOODS (PLANNING AREA 10) WITH UNIT TYPES RANGING IN SIZE FROM 2,034 TO 2,744 SQUARE FEET WITH FOUR FLOORS PLANS, EACH WITH THREE ELEVATION TYPES, AND A MINOR EXCEPTION TO REDUCE THE REAR YARD SETBACK A MAXIMUM OF 15 PERCENT ON TWO IRREGULARLY SHAPED LOTS, GENERALLY LOCATED AT THE NORTHEAST CORNER OF YNEZ ROAD AND DATE STREET (TRACTS 32437, 32437 -1, 32437 -2, AND 32437 -3) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare.that: A. On August 14, 2001 the City Council approved the Harveston Specific Plan and EIR. B. On December 15, 2004 the Planning Commission approved Tract Map No. 32437. C. On January 28, 2010, Alex Seizew on behalf of Richmond American Homes, filed Planning Application No. PA10 -0021 Development Plan Application in a manner in accord with the City of Temecula General Plan and Development Code. D. On March 5, 2010 Alex Seizew on behalf of Richmond American Homes, filed Planning Application No. .PA10 -0070 Minor Exception Application in a manner in accord with the City of Temecula General Plan and Development Code. E. The Applications were processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. F. The Planning Commission, at a regular meeting on April 7, 2010 continued the applications to May 5, 2010 to allow the applicant the opportunity to modify the architectural elevations to address concerns expressed by residents. On May 5, 2010, the Planning Commission, considered the Applications and environmental review, 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. G. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application Nos. PA10 -0021 and PA10 -0070 subject to and based upon the findings set forth hereunder. H. 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 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 State law and other Ordinances of the City; The proposed single- family homes are permitted in the land use designation standards contained in the Harveston Specific Plan. The project is also consistent with the Low Medium Residential land use designation contained in the General 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), 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 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 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. Minor Exceptions (Code Section 17.03.060.D) A. There are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property; Due to the irregular shapes of the lots for which Minor Exceptions have been requested, there are practical difficulties created by strict application of the code in that a the typical footprint of a single- family home will not fit on these lots without encroaching into a portion of the required setback areas. B. The Minor Exception 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; Minor Exceptions for reductions in setback requirements of less than 15 percent of the required setbacks will not grant special privileges which are not otherwise available to surrounding properties. All building separation requirements, pursuant to building and fire codes, will be met and the proposed setback reductions will not be detrimental to the public welfare or to the property of other persons located in the vicinity. C. The Minor Exception places suitable conditions on the property to protect surrounding properties and does not permit uses which are not otherwise allowed in the zone. The project has been conditioned such that surrounding properties will be protected and the Minor Exceptions will not permit uses which are not otherwise allowed by the Harveston Specific Plan. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan and Minor Exception Applications: A. The proposed project has been determined to be consistent with the previously approved Harveston Specific Plan EIR and is, therefore, exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations). Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA10 -0021, Home Product Review for 87 homes in Harveston's Barrington and Prescott Neighborhoods and PA10 -0070, a Minor Exception to reduce rear yard setbacks for two lots, project area is generally located at the northeast corner of Date Street and Ynez Road, Harveston Planning Area 10, 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 5 th day of May 2010. Carl arey, Chairman ATTEST Patrick Richardson, Secretary [SEAL] STATE OF , '%LIFORNIA. ) 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. 10 -08 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5 th day of May 2010, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Patrick Richardson, Secretary r EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA10 -0021 and PA10 -0070 Project Description: Planning Application Number PA10 -0021, a Home Product Review application for the remaining 87 single - family lots in Harveston's Barrington and Prescott neighborhoods (Planning Area 10) with unit types ranging in size from 2,034 to 2,744 square feet with four floor plans, each with three elevation types, and PA10 -0070, a Minor Exception to reduce the rear yard setback a maximum of 15 percent on two irregularly shaped lots, generally located at the northeast corner of Ynez Road and Date Street (Tracts 32437, 32437 -1, 32437 -2, and 32437 -3) Tract Map No.: Tract 32437 -1 Lots 1, 5, 9 -25; Tract 32437 -2 Lots 1 -4, 15, 36 -70; Tract 32437 -3 Lots 38 -39; Tract 32437 Lots 9 -28, 31 -36 MSHCP Category: Per Harveston Specific Plan Development Agreement — Detached Residential Component (Not Exempted) DIF Category: Per Harveston Specific Plan Development Agreement — Detached Residential Component TUMF Category: Per Harveston Specific Plan Development Agreement — Detached Residential Component (Exempt) Approval Date: May 5, 2010 Expiration Date: May 5, 2012 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -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 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 PL -2. 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. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -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. PL -5. 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 3 one -year extensions of time, one year at a time. PL -6. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 13, Harveston. PL -7. The project and all subsequent projects within this site shall be subject to the Harveston Development Agreement. PL -8. 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. PL -9. The project shall meet all applicable Conditions of Approval for Tract Map 32437, 32437 -1, 32437 -2 and 32437 -3. PL -10. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -11. 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. PL -12. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -13. 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. PL -14. 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 staff's 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 Conditions 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. PL -15. 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. PL -16. 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. PL -17. Prior to construction of the Model Home Complex, the applicant shall apply for a Model Home Complex Permit. PL -18. Open Space Lot 64 of Tract 32437 shall be improved per the approved plans on file for Planning Application No. PA05 -0335, updated to meet current Code requirements. Prior to Issuance of Grading Permit(s) PL -19. , 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 Planning Director at his /her sole discretion may require the property owner 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 archaeological/ cultural resource, the Planning Director 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 Planning Director 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 Planning Director." PL -20. Precise Grading Plans shall indicate location of enhanced elevations (on side elevations unless otherwise noted). These include Tract 32437 -1 Lots 1, 9, 15 and 16; Tract 32437 -2 Lots 1, 39, 40 and 70; Tract 32437 Lots 9 -12 (rear), 17, 19, 28, and 35. Prior to Issuance of Building Permit(s) PL -21. Building construction plans shall include a note identifying all lots with enhanced elevations per Condition PL -20 above. PL -22. Building Construction Plans shall indicate upgraded front and garage doors that represent the architectural style of the home (per previous product approvals). PL -23. Four 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, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. PL -24. The Landscaping and Irrigation Plans shall include a note on the plans stating that `The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection. "_ PL -25. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. PL -26. The Landscaping and Irrigation Plans shall include a note stating that "Three landscape site inspections are required. The first inspection will verify irrigation installation with open trenches. The second inspection will verify that all irrigation systems have head - to -head coverage, and to verify that all planting have been installed consistent with the approved construction landscape plans. The third inspection will verify proper landscape maintenance for release of one year landscape maintenance bond." The applicant/owner shall contact the Planning Department to schedule inspections. PL -27. Automatic irrigation shall be installed for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right -of -way equal to 66 feet or larger; and, all landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping which shall include, but may. be limited to, private slopes and common areas. PL -28. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, it shall be temporarily landscaped and irrigated for dust and soil erosion control. PL -29. The plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. PL -30. Wall and fence plans shall be consistent with the Conceptual Landscape Plans on file with the planning department. PL -31. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL -32. All WQMP treatment devices, including design details, shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Planning Director. PL -33. Roof - mounted mechanical equipment shall not be permitted within the subdivision; however, solar equipment or any other energy saving devices shall be permitted with Planning Director approval. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -34. An applicant shall submit a letter of substantial conformance, subject to field verification by the Planning Director or his /her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. If a certificate of use and occupancy is not required for the project, such letter of substantial conformance shall be submitted prior to scheduling for the final inspection. PL -35. 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 Planning Director. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL -36. Front yard and slope landscaping within individual lots shall be completed for inspection. PL -37. Private common area landscaping (Emery Drive Park) shall be completed for inspection prior to issuance of occupancy permit for Tract 32437 Lots 12 and 13. PL -38. HOA landscaping shall be completed for inspection for those lots adjacent to HOA landscaped area. PL -39. Performance securities, in amounts to be determined by the Planning Director, 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 Planning Director, the bond shall be released upon request by the applicant. PL -40. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DEPARTMENT B -1. 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. B -2. Provide exterior walls with a minimum Sound Transmission Class (STC) rating of 46. Typical walls with this rating will have 2 x 4 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 %2' gypsum board. B -3. Provide roof /ceiling system utilizing minimum 1 /2" plywood sheathing that is well sealed to form a continuous barrier with minimum R -19 batt insulation in the joist cavities.