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HomeMy WebLinkAbout10_007 DH Resolution DH RESOLUTION NO. 10 -07 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10 -0161, A HOME PRODUCT REVIEW APPLICATION FOR KB HOME TO CONSTRUCT 118 SINGLE - FAMILY HOMES IN TRACT 24188 -2 OF PASEO DEL SOL, CONSISTING OF FOUR PLAN TYPES RANGING IN SIZE FROM 1,628 TO 2,241 SQUARE FEET, WITH THREE ARCHITECTURAL STYLES THAT INCLUDE SPANISH, COTTAGE AND ITALIANATE, GENERALLY LOCATED NORTH OF LEENA WAY, SOUTH OF PAUBA ROAD, WEST OF BUTTERFIELD STAGE ROAD AND EAST OF MEADOWS PARKWAY Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On January 8, 2002, the City Council approved the Paseo del Sol Specific Plan No. 219 Amendment No. 8, Environmental Impact Report No. 235 Addendum No. 4, and Vesting Tentative Tract Map No. 24188. B. On May 21, 2010, Lennar Homes, filed Planning Application No. PA10- 0161 Development Plan for Home Product Review Application 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 Director, at a regular meeting, considered the Application and environmental review on August 19, 2010, 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 Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA10 -0161 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA10 -0161, conformed to the City of Temecula's General Plan and Paloma del Sol Specific Plan. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA10 -0161, hereby makes the following findings as required by Development Code Section 17.05.010.F. 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 Paloma del Sol 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 Citywide 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 working and living 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 Director hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan Application: A. The proposed project has been determined to be consistent with the previously adopted Paloma del Sol Specific Plan EIR and is, therefore, exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations). In addition, the project is consistent with the MSHCP. A Burrowing Owl Study was conducted and no burrows or owls were found. Section 4. Conditions. The Planning Director of the City of Temecula approves Planning Application No. PA10 -0161, a Home Product Review Application for KB Home to construct 118 single - family homes in Tract 24188 -2 of Paseo del Sol, generally located north of Leena Way, South of Pauba Road, West of Butterfield Stage Road and East of Meadows Parkway. The homes will consist of four plan types ranging in size from 1,628 to 2,241 square feet, with 3 architectural styles that include Spanish, Cottage and Italianate, 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 Director this 19 day of August 2010 Z5�9 1 Patrick Richardson, Planning Director I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 10 -07 was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 19 day of August 2010. Cynthi riccia, Secretary EXHIBIT A FINAL CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA10 -0161 Project Description: A Home Product Review Application for KB Home to construct 118 single - family homes in Tract 24188 -2 of Paseo del Sol, consisting of four plan types ranging in size from 1,628 to 2,241 square feet, with three architectural styles that include Spanish, Cottage and Italianate, generally located north of Leena Way, south of Pauba Road, west of Butterfield Stage Road and east of Meadows Parkway. Tract Map No.: Tract 24188 -2 MSHCP Category: Single Family Residential (less than 8 du /ac) DIF Category: Residential - Detached TUMF Category: Single Family Residential Approval Date: August 19, 2010 Expiration Date: August 19, 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 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. 219. PL -7. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 235. PL -8. A separate building permit shall be required for all signage. PL -9. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -10. 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 -11. 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 -12. 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 -13. 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 -14. All enhanced elevation locations identified on the Product Placement Plan shall also be identified on the Precise Grading Plans ( "E ") and Building Construction Plans (note). PL -15. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. PL -16. The applicant shall comply with the Public Art Ordinance. PL -17. All parkways, including within the right -of -way, entryway median, landscaping, walls, fencing, recreational facilities and on -site lighting shall be maintained by the property owner or maintenance association. PL -18. The developer shall contact the Temecula Community Services District Maintenance Superintendent for a pre- design meeting to discuss design perimeters and obtain Temecula Community Services District Landscape Standards. The median landscape plans submitted for consideration for Temecula Community Services District maintenance shall be in conformance with the Temecula Community Services District Landscape Standards. PL -19. Construction of the landscaped median shall commence pursuant to a preconstruction meeting with the developer, Temecula Community Services District Maintenance Superintendent, Building and Safety Inspector and Public Works Inspector. Developer shall comply with City and Temecula Community Services District review and inspections processes. PL -20. The developer, the developer's successor or assignee, shall be responsible for the maintenance of the landscaped median until such time as those responsibilities are accepted by the Temecula Community Services District or other responsible party. PL -21. All costs associated with the relocation of any existing streetlights shall be paid for by the developer. Prior to Issuance of Grading Permit(s) PL -22. 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 -23. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit(s) PL -24. 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 -25. 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 -26. 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 -27. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long -term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. PL -28. 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 -29. 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 not be limited to, private slopes and common areas. PL -30. 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 -31. The plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. PL -32. Wall and fence plans shall be consistent with the Conceptual Wall and Fence Plans, revised to include pilasters at all property line corners as required by the Paloma del Sol Specific Plan. PL -33. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL -34. 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 -35. 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. PL -36. The developer shall provide the Planning Department verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. PL -37. Prior to the first building permit or installation of additional streetlights, whichever occurs first, the developer shall complete the Temecula Community Services District application, submit an approved Edison Streetlight Plan, and pay the advanced energy fees. PL -38. The landscape construction drawings for the landscaped median shall be reviewed and approved by the Director of Community Services. PL -39. The developer shall post security and enter into an agreement to install the landscaped median. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -40. 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 -41. 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 -42. Front yard and slope landscaping within individual lots shall be completed for inspection. PL -43. HOA landscaping shall be completed for inspection for those lots adjacent to HOA landscaped area. PL -44. 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 -45. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PL -46. The landscaped median shall be completed to the satisfaction of the Director of Community Services. PUBLIC WORKS DEPARTMENT General Requirements PW -1. Unless otherwise noted, all conditions shall be completed by the developer at no cost to any Government Agency. It is understood that the developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PW -2. A Grading Permit for precise grading, including all on -site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City- maintained street right -of -way. PW -3. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right -of -way. PW -4. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. PW -5. The project shall include construction -phase and permanent pollution prevention controls into the design of the project to prevent non - permitted runoff from discharging off site or entering any storm drain system or receiving water. PW -6. The Applicant shall comply with all underlying Conditions of Approval for Paseo Del Sol Specific Plan and all subsequent amendments as approved on January 8, 2002. PW -7. The Applicant shall comply with all underlying Conditions of Approval for Vesting Tentative Tract Map No. 24188 and all the subsequent amendments as approved on January 8, 2002. Prior to Issuance of Grading Permit(s) PW -8. A finalized WQMP must be accepted by the City prior to issuance of any grading permits. PW -9. A grading plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards, and shall be reviewed and approved by the Department of Public Works prior to the commencement of grading. The grading plan shall include all necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion. PW -10. The developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works in accordance with Grading Ordinance Section 18.24.120. PW -11. A Soils Report shall be prepared by a registered soil or civil engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soil conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. PW -12. Construction -phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. PW -13. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. PW -14. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the Planning Department, or other affected agencies. PW -15. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. Prior to Issuance of Building Permit(s) PW -16. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered civil engineer, and the soil engineer shall issue a Final Soil Report addressing compaction and site conditions. PW -17. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with the Development Agreement between the City and Developer dated August 28, 2001. Prior to Issuance of Certificate of Occupancy PW -18. Prior to the first certificate of occupancy, the developer shall ensure that the WQMP measures associated with this development have been installed and ready for implementation. PW -19. As deemed necessary by the Department of Public Works the developer shall receive written clearance from Rancho California Water District, Eastern Municipal Water District, or other affected agencies. PW -20. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. PW -21. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. PW -22. The Developer shall ensure that BMPs are installed to delineate between construction zones and occupied zones.