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HomeMy WebLinkAbout16-38 PC Resolution PC RESOLUTION NO. 16-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION PA16-1045 (HOME PRODUCT REVIEW) FOR RANCHO VISTA VILLAGE TO ALLOW FOR FOUR (4) UNIQUE SINGLE-FAMILY DETACHED PLANS WITH THREE (3) ARCHITECTURAL STYLES AND TYPICAL FRONT YARD LANDSCAPING; PA16-1410 (MINOR EXCEPTION) TO ALLOW FOR AN 11% SIDE-YARD SETBACK REDUCTION FOR LOT 22; AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE SITE IS LOCATED AT THE NORTHWEST CORNER OF MIRA LOMA DRIVE AND RANCHO VISTA DRIVE. (APN 944- 060-006) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 21, 2016, Mohamad Younes filed Planning Application No. PA16- 1045 a Development Plan, 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 November 16, 2016, 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 Nos. PA16-1045 and PA16-1410 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 Plan (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; As conditioned, the proposed homes are consistent with the land use designation and policies reflected in the Mira Loma Planned Development Overlay (PDO-11) and the City of Temecula General Plan. The site is properly planned and zoned and is physically suitable for the use proposed. The project 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; As conditioned, the project will meet all requirements of the Development Code, General Plan, and Building and Fire Codes, which provide safeguards for the health, safety and general welfare of the community and the overall design of the site, building, landscaping, 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 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 (Code 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 proposal is for an 11% reduction to the corner side yard setback on Lot 22 in the Mira Loma Planned Development Overlay District (PDO-11). The corner side yard setbacks in PDO-11 are required to be 10'-0" measured from back of curb, however the proposed home product plans as designed do not fit on Lot 22 with a 10'-0" setback. This creates practical difficulties and unnecessary hardships due to the strict application of PDO-11's supplemental design and setback standards. A setback reduction for Lot 22 of 11% to 8'41"is within the allowable 15 percent reduction of the Development Code and meets the intent of City's Development Standards with respect to setbacks. 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. Permitting this Minor Exception will not grant special privileges to the applicant and is intended to meet the intent of the City's Development Standards. The result of permitting this Minor Exception will not be detrimental to the public welfare or to the property of other persons as the reduction in the setback meets the intent of Development Standards with respect to the site. The project has been reviewed 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. 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 to provide an effective corner side yard setback. The use proposed is conditionally permitted and the proposed reduction to the corner side yard setback is consistent with the provisions of the Temecula Municipal Code. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Plan: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be exempt from further environmental review (Section 15162, Subsequent EIRs and Negative Declarations); As part of PA13-0217 (Tentative Tract Map), an Initial Study was prepared which determined that environmental impacts for the project were all less than significant with the mitigation proposed in the Mitigation Monitoring Program developed for the project. A Notice of Intent to adopt a Mitigated Negative Declaration was circulated for the project with a comment period from December 23, 2013 to January 21, 2014. The Mitigated Negative Declaration was adopted March 19, 2014 Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Applications PA16-1045, (Home Product Review) for Rancho Vista Village to allow for four (4) unique single-family detached plans with three (3) architectural styles an typical front yard landscaping; PA16-1410 (Minor Exception) to allow for an 11% side-yard setback reduction for Lot 22 located at 29601 Mira Loma Drive (APN 944-060-006); and making a finding of exemption under the California Environmental Quality Act (CEQA) subject to the Conditions of Approval set forth on Exhibit A and Exhibit B, 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 November, 2016. Ron Guerriero, Chairperson ATTEST: Luke Watson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16-38 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 November, 2016, by the following vote: AYES: 5 PLANNING COMMISSIONERS: GUERRIERO, TELESIO, TURLEY- TREJO, YOUMANS, WATTS NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 0 PLANNING COMMISSIONERS: NONE ABSTAIN: 0 PLANNING COMMISSIONERS: NONE Luke Wat on, Secretary EXHIBIT A CITY OF TEMECUL4 FINAL CONDITIONS OF APPROVAL Planning Application No.: PA16-1045 and PA16-1410 Project Description: Planning Application PA16-1045 (Home Product Review)and for Rancho Vista Village to allow for four(4) unique detached single-family plans with three (3) architectural styles and landscape review of typical front yards; and PA16-1410 (Minor Exception) to allow for an 11% side-yard setback reduction for Lot 22. Rancho Vista Village is located at 29601 Mira Loma Drive. Assessor's Parcel No.: 944-060-006 MSHCP Category: Single-Family Residential (less than 8.0 du/ac) DIF Category: Residential - Detached TUMF Category: Residential —Single Family Quimby Category: Single-Family Residential (Attached Garage) Approval Date: November 16, 2016 Expiration Date: November 16, 2019 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division 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 Division 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 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 3. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three 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. 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to five (5) extensions of time, one year at a time. 5. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Mira Loma Planned Development Overlay (PDO-11). 6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 7. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development 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. g. Water Quality and Drainage. 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 shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down sidewalks 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. 9. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent architectural style, materials, equipment, finishes or similar matters as specified in the Home Product Review, shall be deemed satisfied by City staffs prior approval of the use or utilization of an architectural style, materials, equipment, or finishes 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. 10. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 11 Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 12. Property Maintenance. 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 Building Permit 13. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 14. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 15. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. 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. 16. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "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 verify 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 Division to schedule inspections. 17. Water Usage Calculations. 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. 18. Irrigation. The landscaping plans shall include automatic irrigation 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. 19. Hardscaping. The landscape plans shall include all hardscaping and/or pedestrian trails within private common areas. 20. Wall and Fence Plans. Wall and fence plans shall be consistent with the Conceptual Landscape Plans showing the height, location and the materials for all walls and fences. 21. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 22. Roof-Mounted Mechanical Equipment. Roof-mounted mechanical equipment shall not be permitted within the subdivision; however, solar equipment or any other energy saving devices shall be permitted. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 23. Installation of Site Improvements. All community amenity improvements, including but not limited to the common area pool area, shall be installed and completed prior to issuance of the final residential occupancy permit. 24. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 25. Front Yard and Slope Landscaping. Front yard and slope landscaping within individual lots shall be completed for inspection. 27. Private Common Area Landscaping. Private common area landscaping shall be completed for inspection prior to issuance of the final occupancy permit. 28. HOA Landscaping. HOA landscaping shall be completed for inspection for those lots adjacent to HOA landscaped area.