HomeMy WebLinkAbout01_011 PC ResolutionPC RESOLUTION NO. 2001-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-
0147 A VARIANCE TO PERMIT A 230 SQUARE FOOT ROOM
ADDITION TO ENCROACH SEVEN (7) FEET INTO THE
REQUIRED15 FOOT EXTERIOR SlDEYARD SETBACK LOCATED
AT 30464 BOGART PLACE, KNOWN AS ASSESSOR'S PARCEL
NO. 919-461-009.
WHEREAS, Rick Ford filed Planning Application No. 01-0147, in accordance with the City of
Temecula General Plan and Development Code;
WHEREAS, Planning Application No. 01-0147 was processed including, but not limited to
public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. 01-0147 on May
2, 2001, 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 opposition to this matter;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission approved Planning Application No. 01-0147;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
reference.
The above recitations are true and correct and are hereby incorporated by
Section 2. Findinqs. The Planning Commission, in approving Planning Application No.
01-0147 hereby makes the following findings as required by Section 17.04.040. (F) of the Temecula
Municipal Code:
There are practical difficulties or unnecessary hardships created by strict application of the
code due to physical circumstances and characteristics of the property that are not shared
by other properties in the zone. Other properties in the zone not on a corner lot are
permitted to have a combined side yard set back of 15 feet. The setback for corner lots in
this zone have created an unnecessary hardship for this property and strict application of the
code will not afford the applicant the ability have a total of a 15 foot set back shared by the
majority of the other properties in the zone. Construction of a bedroom off the rear of the
home would require relocation and reconfiguration of the kitchen as well.
The applicant did not create the circumstances and characteristics for the variance. The
original plotting of the home on the lot created the circumstances and characteristics, which
prevent the ground level construction of a bedroom without major modifications of the home.
This variance 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 majority of the surrounding residences are
permitted to have a total of 15 feet side yard set backs. The design of the project has taken
public welfare and safety into account and will not be in any way detrimental to the public
welfare.
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4. The variance places suitable conditions on the property to protect surrounding properties.
5. The variance does not permit uses, which are not otherwise allowed in the Low Medium
Density Residential Zone (LM).
Section 3. Environmental Compliance. A Notice of Exemption for Planning Application
No. 01-0147 was made per the California Environmental Quality Act Guidelines Section 15305
(Minor Alterations in Land Use Limitations, Class 5). This project is an in-fill development and it
meets the following criteria:
The proposed project is a minor alteration in land use limitations with an average
slope of less than 20% and does not result in a change to land use or density.
The proposed project is a side yard set back variance and does not result in the
creation of any new parcel.
Section 4. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves Planning Application No. 01-0147 for Variance to build a 230 square foot
room addition located at 30464 Bogart Place, known as Assessors Parcel NO. 919-461-009. The
Conditions of Approval are contained in Exhibit A.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 2nd day of May 2001.
ATTEST:
oR'~ G uerfi'e r~, Chairperson
Debbie Ubnoske, Secretary
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CiTY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that
PC Resolution No. 01-011 was duly and regularly adopted by the Planning Commission of the City
of Temecula at a regular meeting thereof held on the 2nd day of May, 2001, by the following vote:
AYES: 5 PLANNING COMMISSIONERS: Chiniaeff, Mathewson, Telesio,
Webster, and Chairman Guerriero
NOES: 0
ABSENT: 0
ABSTAIN: 0
PLANNING COMMISSIONERS: None
PLANNING COMMISSIONERS: None
PLANNING COMMISSIONERS: None
Debbie Ubnoske, Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
VARIANCE
R:~Variance~2001~01-0147 Rick Ford,Staff report 147paO1.doc
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. 01-0147 (Variance)
Project Description:
A variance to permit a 230 square foot room addition to a
single-family residence to encroach seven (7) feet into
the corner side yard setback, located at 30464 Bogart
Place and also known as Assessors Parcel No. 919-461-
009.
DIF Category:
Residential
Assessor Parcel No.:
Approval Date:
Expiration Date:
919-461-009
May 2, 2001
May 2, 2003
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
1. The applicant shall deliver to the Community Development Department- Planning Division a
cashier's check or money order made payable to the County Clerk in the amount of seventy-
eight Dollars ($78.00) for the County administrative fee, to enable the City to file the Notice
of Exemption as provided under Public Resoumes Code Section 21108(b) and California
Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant
has not delivered to the Community Development Department - Planning Division 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
2. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency
or instrumentality thereof, and/or any of its officers, employees, and agents from any and all
claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or
any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary
damages resulting from an 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 which action is brought within the
appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4
(Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167).
The City shall promptly notify the permittee/applicant of any claim, action, or proceeding
brought forth within this time period.
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The City shall estimate the cost of the defense of the action and applicant shall deposit'Said.
amount with the City. City may require additional deposits to cover anticipated costs. City-
shall refund, without interest, any unused portions of the deposit once the litigation is finally
concluded. Should the City fail to .either promptly notify or cooperate fully,
permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold
harmless the City, any agency or instrumentality thereof, or any of its officers employees, or
agents. Should the applicant fail to timelY post the re;qUired deposit, the Director may
terminate the land use approval without further notice to the applicant.
3. This approval shall be used within two (2) 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' (2) year period which is thereafter diligently
pursued to completion or the beginning o~f..substantial utilization contemplated by this
approval.
4. The colors and materials for this project shall substantially conform to the existing colors and
materials used on the residence. Any deviation from these colors and materials shall require
approval of the Director of planning.
5. The decorative residential door sha!l be added similar to the existing front door. (Added by
the Planning Commission on 05-02-2001)
6. An additional landscaping planter shall be added along Pauma Valley Road to provide
buffering and screening. (Added by the Planning Commission on 05-02-2001)
Prior to the Issuance of Building Permits
7. A Consistency Check fee shall be'Paid p~-the City~3f Tem-e-~la Fee Schedule.
BUILDING DEPARTMENT _ .
8.
10.
11.
12.
13.
All design components shall comply with applicable provisions of the 1998 edition of the
California Building, Plumbing, Mechanical and Fire Codes; 1998 National Electrical Code;
California Administrative Code, Title 24 Energy and Disabled Access Regulations and the
Temecula Municipal Code. ;
Obtain all building plans and permit approvals prior to commencement of any construction
work.
Provide appropriate stamp of a registered professional with original signature on plans and
structural calculations submitted for plan review.
Provide electrical plan including load calculations and panel schedule for plan review.
Provide house-electrical meters at each building for the purpose of providing power for fire
alarm systems and exterior lighting.
Schematic plumbing plans, electrical plan and load calculations, along with mechanical
equipment and ducting plans shall be submitted for plan review stamped and original signed
by an appropriate registered professional..
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By placing my signature below, 1 confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
~3.'~s Signature' Da4fe /
Name printe~
R:\Variance~O 1-0147 Rick Forcl~Staff report 147paO1.doc