HomeMy WebLinkAbout13-040 PC Resolution PC RESOLUTION NO. 13-40
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA13-0187, A HOME PRODUCT
REVIEW APPLICATION FOR BELLE MAISON
(PLANNING AREAS 7 AND 9A OF THE MARGARITA
VILLAGE SPECIFIC PLAN) BY LENNAR HOMES
FEATURING ONE- AND TWO-STORY HOMES ON 37
LOTS, LOCATED AT THE NORTHWEST CORNER OF
BUTTERFIELD STAGE ROAD AND CHEMIN CLINET
(TRACT MAP NO. 23103-2)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On August 1, 2013 Ryan Woosley, on behalf of Lennar Homes, filed
Planning Application No. PA13-0187, a Home Product Review Application in a manner
in accord with the City of Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on October 16, 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.
D. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PA13-0187 subject to and based upon the findings set forth hereunder.
E. 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 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 Margarita Village Specific Plan and the City's
Development Code. The project is also consistent with the Medium Density
zoning designation for Planning Area 7 and the Low density zoning designation
for Planning Area 9A.
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 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.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Conditional Use Permit Application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(15162 Subsequent EIRs and Negative Declarations);
A Mitigated Negative Declaration with Mitigation Monitoring Program was
approved on June 1, 2005. This environmental document was created to
analyze environmental impacts associated with the Specific Plan Amendment
and Tentative Tract Map that were needed in order to allow for Belle Maison.
The Home Product Review for Planning Application No. PA13-0187 does not
produce any new impacts not already analyzed in the previous Mitigated
Negative Declaration and Mitigated Monitoring Program.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA13-0187, a Home Product Review application for
Belle Maison (Planning Areas 7 and 9A of the Margarita Village Specific Plan) by
Lennar Homes featuring one- and two-story homes on 37 lots, located at the northwest
corner of Butterfield Stage Road and Chemin Clinet 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 16th day of October, 2013.
John Telesio, Chairman
ATTEST:
Patrick Richardson, Secretary
[SEAL]
STATE (�F,'CALIFORNIA )
.-COUNTF RIVERSIDE )ss
CITY OF TEMECULA )
I, Patrick Richardson, Secretary. of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 13-40 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 16th day of October 2013, by the following vote:
AYES: 3 PLANNING COMMISSIONERS: Carey, Harter, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 2 PLANNING COMMISSIONERS: Guerriero, Kight
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.: PA13-0187
Project Description: A Home Product Review application for Belle Maison (Planning
Areas 7 and 9A of the Margarita Specific Plan) by Lennar Homes.
The tract features one and two story homes on 37 lots generally
located at the northwest corner of Butterfield Stage Road and
Chemin Clinet
Assessor's Parcel No.: Tract No. 23103-2
MSHCP Category: Residential (Less than 8.0 DU)
DIF Category: Residential Detached
TUMF Category: Residential Single-Family
Quimby Category: Single Family (Attached Garages)
Approval Date: October 16, 2013
Expiration Date: October 16, 2015
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 Fifty Dollars ($50.00)
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 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
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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, or use of a property in conformance with a Conditional Use Permit.
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
Margarita Village Specific Plan.
PL-7. The project and all subsequent projects within this site shall comply with all mitigation
measures identified within the Margarita Village 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. To ensure compliance with this Condition of Approval:
a. Spills and leaks must be cleaned up immediately.
b. Do not wash, maintain, or repair vehicles onsite.
c. Do not hose down parking areas, sidewalks, alleys, or gutters.
d. Ensure that all materials and products stored outside are protected from rain.
e. Ensure all trash bins are covered at all times.
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PL-12. The applicant shall paint a three-foot by three-foot section of the building for Planning
Department inspection, prior to commencing painting of the building.
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. 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-16. 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-17. The applicant shall comply with the Public Art Ordinance.
PL-18. 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.
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.
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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 Map for Tract Map No. 23103-2 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 be submitted as a separate
submittal, not as part of the building plans or other plan set. 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 two 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.
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PL-31. Specifications of the landscape maintenance program shall indicate that "Three
landscape site inspections are required. The first inspection will be conducted at
installation of irrigation while trenches are open. This will verify that irrigation equipment
and layout is per plan specifications and details. Any adjustments or discrepancies in
actual conditions will be addressed at this time and will require an approval to continue.
Where applicable, a mainline pressure check will also be conducted. This will verify
that the irrigation mainline is capable of being pressurized to 150 psi for a minimum
period of two hours without loss of pressure. The second inspection will verity that all
irrigation systems are operating properly, and to verify that all plantings have been
installed consistent with the approved construction landscape plans. The third
inspection will verify property landscape maintenance for release of the 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 City 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. Precise Grading Plans shall be consistent with the approved rough grading plans
including all structural setback measurements.
PL-36. 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-37. 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-38. 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.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
PL-39. 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
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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-40. 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-41. Front yard and slope landscaping within individual lots shall be completed for
inspection.
PL-42. HOA landscaping shall be completed for inspection for those lots adjacent to HOA
landscaped area.
PL-43. 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-44. 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. 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 Applicant shall comply with all underlying Conditions of Approval for Tentative Tract
Map No. 23103-2 as approved on June 1, 2008.
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Prior to Issuance of Grading Permit(s)
PW-6. 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-7. 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 the
Construction, Grading and Encroachment Ordinance Section 18.24.140
PW-8. 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-9. 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.
PW-10. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula
Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that
ordinance or by providing documented evidence that the fees have already been paid.
PW-11. The developer shall obtain letters of approval for any off site work performed on
adjoining properties. The letters shall be in format as directed by the Department of
Public Works.
Prior to Issuance of Building Permit(s)
PW-12. Prior to issuance of the first building permit, Tract Map No. 23103-2 shall be approved
and recorded.
PW-13. 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-14. The developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code
and all Resolutions implementing Chapter 15.06.
PW-15. The developer shall pay to the City the Western Riverside County Transportation
Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with,
Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing
Chapter 15.08.
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Prior to Issuance of Certificate of Occupancy
PW-16. Each of the water quality basins located throughout the project shall be functional
by the time of the first Certificate of Occupancy is issued in each subarea depicted in
the attached WQMP Site Map. As such:
a. The basin corresponding to subarea 'Al' shall be functional with the issuance of
the first Certificate of Occupancy in subarea 'Al',
b. The basin corresponding to subarea 'A2' shall be functional with the issuance of
the first Certificate of Occupancy in subarea 'A2',
c. The basin corresponding to subarea 'A3' shall be functional with the issuance of
the first Certificate of Occupancy in subarea 'A3', and
d. The basin corresponding to subarea 'B1' shall be functional with the issuance of
the first Certificate of Occupancy in subarea 131'.
e. The basins corresponding to subareas 'A4' and 'A5' shall be functional following
completion of the street improvements to Butterfield Stage Road.
PW-17. 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-18. All public improvements, inGluding tFaffiG signals, shall be constructed and completed
per the approved plans and City standards to the satisfaction of the Department of
Public Works.
PW-19. 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-20. All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
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