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HomeMy WebLinkAbout13-029 PC Resolution PC RESOLUTION NO. 13-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA13-0116 AND PA13-0112, A HOME PRODUCT REVIEW APPLICATION FOR STANDARD PACIFIC INCLUDING FOUR FLOOR PLANS AND THREE ELEVATIONS FOR EACH FLOOR PLAN RANGING IN SIZE FROM APPROXIMATELY 2,400 TO 3,500 SQUARE FEET IN TRACT 29661-3 CONSISTING OF 99 LOTS IN THE RORIPAUGH RANCH SPECIFIC PLAN, AND A MINOR EXCEPTION TO THE SETBACK REQUIREMENTS FOR LOTS 9, 12, 33, 34, 50, AND 94, GENERALLY LOCATED SOUTH OF THE INTERSECTION OF MURRIETA HOT SPRINGS AND POURROY ROADS Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 2, 2013, Josh Gause filed Planning Application No. PA13-0116, a Home Product Review Application in a manner in accord with the City of Temecula General Plan and Development Code. B. On May 8, 2013, Josh Gause filed Planning Application No. PA13-0112, a Minor Exception Application in a manner in accord with the City of Temecula General Plan and Development Code. C. The Applications were 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 Applications and environmental review on June 19, 2013, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No.'s PA13-0116 and PA13-0112 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 Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: 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 Roripaugh Ranch Specific Plan and the City's Development Code. The project is a/so 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 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 protection of the public health, safety, and welfare. Minor Exception (Section 17.03.060.D). A. That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property; The Roripaugh Specific Plan and Temecula Development Code allow for a Minor Exception, or reduction to the required setbacks by /ess than 15 percent of the code requirement. The Home Product Review application includes three floor plans, which fit on 94 out of 100 lots. The Minor Exception application includes six lots, four of which don't meet the required setback, and another two, which don't meet the side yard setback. The exceptions are within the 15 , percent threshold. A strict interpretation of the code requirement would require a fourth floor plan to be developed on six lots, which is not a practical in the construction of production housing. 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; The minor exceptions requested are within the allowable range of 15 percent, and granting the minor exceptions will not be detrimental to the public welfare or surrounding properties. In three instances, the exception is less than six feet to the rear yard setback, and the other three setbacks are between one and two feet, which is virtually indistinguishable. All other requirements of the LM zoning district will be met. 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. Besides the minor exceptions, all other requirements of the LM zoning district have been met. The other application associated with this project is a Home Product Review application, which meets all the requirements of the Roripaugh Specific Plan and does not permit uses which are not otherwise allowed in the zone. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Home Product Review Planning Application No. PA13-0116 and the Minor Exception Planning Application No. PA13-0112: A. The proposed project has been determined to be consistent with the previously approved Roripaugh Ranch 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.'s PA13-0116, Home Product Review Application and PA13-0112, Minor Exception Application 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 19 day of June, 2013. . John Telesio, Chairman ATTEST: Patrick Richardson, Secretary [-SEAL] - .. _ ,,. STATE QF CALIFORNIA ) COUNTI' (�F RIVERSIDE )ss CITY OF`1�'EMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 13-29 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19 day of June, 2013, 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 � Patrick Richardson, Secretary EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA13-0116 and PA13-0112 Project Description: A Home Product Review application for Standard Pacific including four floor plans and three elevations for each floor plan ranging in size from approximately 2,400 to 3,500 square feet in Tract 29661-3 consisting of 99 lots in the Roripaugh Ranch Specific Plan, and a Minor Exception to the setback requirements for Lots 9, 12, 33, 34, 50, and 94, generally located south of the intersection of Murrieta Hot Springs and Pourroy Roads Assessor's Parcel No.: Tract 29661-3 MSHCP Category: Exempt Per Development Agreement and Operating Memorandum 6, Section 5.G, MSHCP (Expiration November 25, 2028 per PAl2- 0122) DIF Category: Residential Detached Per Development Agreement and Operating Memorandum 6, Section S.A, DIF Credits (Expiration November 25, 2028 per PAl2-0122) TUMF Category: Exempt Per DevelopmentAgreement and Operating Memorandum 6, Section S.B, TUMF Credits (Expiration November 25, 2028 per PAl2-0122) Quimby Category: Exempt Per Development Agreement and Operating Memorandum 6, Section 5.C, Quimby Fees (Expiration November 25, 2028 per PAl2- 0122) Approval Date: June 19, 2013 Expiration Date: June 19, 2015 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicanUdeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) for the Counry 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 Wildlife 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 the Roripaugh Ranch Specific Plan, EIR, Development Agreement and Operating Memorandums. PL-7. The project and all subsequent projects within this site shall comply with all mitigation measures identified within Roripaugh Ranch Specific Plan EIR 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 finro 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 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 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. 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. 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-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. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. PL-21. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. PL-22. A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. PL-23. Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer. PL-24. The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition. PL-25. All sacred sites are to be avoided and preserved. Prior to Issuance of Building Permit(s) PL-26. The Final Maps for 29661-1 shall be recorded. PL-27. 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-28. The Landscaping and Irrigation Plans shall include a note on the plans stating that ``The contractor shall provide finro copies of an agronomic soils report at the first irrigation inspection." PL-29. 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-30. 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-31. 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-32. 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-33. 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-34. The plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. PL-35. 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 Roripaugh Ranch Specific Plan. PL-36. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. PL-37. 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-38. 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-39. 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. Prio� 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. 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. 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-4. The project shall include construction-phase pollution prevention controls into the design of the project to prevent non-permitted runoff from discharging off site or entering any storm water conveyance system or receiving water during all field activities. PW-5. All onsite drainage and water quality facilities shall be privately maintained. PW-6. The Applicant shall comply with all underlying Conditions of Approval for Roripaugh Ranch Specific Plan No. 11 (PA94-0075) as approved on November 26, 2002 and all its amendments. PW-7. The Applicant shall comply with all underlying Conditions of Approval for Tentative Tract Map No. 29661 (PA01-0253) as approved on November 26, 2002 and all its amendments. PW-8. The Applicant shall comply with the Development Agreement, and all its amendments, between the City of Temecula and Ashby USA, LLC dated December 17, 2002. Prior to Issuance of Grading Permit(s) 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. 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 forthe construction of engineered structures and pavement sections. PW-11. Construction-phase pollution prevention shall be consistent with the Temecula Municipal Code Chapter 18.15 and associated technical manual and the City's standard notes for Erosion and Sediment Control. PW-12. 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), the project's Risk Level (RL) determination number, and name, contact information, and certification number of the Qualified SW PPP Developer (QSD). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. PW-13. 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 PW-14. 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-15. 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. Prior to Issuance of Certificate of Occupancy PW-16. 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-17. 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-18. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works.