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HomeMy WebLinkAbout02_034 PC ResolutionPC RESOLUTION NO. 02-034 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEIrvlECULA APPROVING PLANNING APPLICATION NO. 02- 0233 -. A DEVELOPMENT PLAN ! PRODUCT REVIEW FOR DETACHED SINGLE FAMILY RESIDENCES WITHIN PLANNING AREA 4 OF THE HARVESTON SPECIFIC PLAN LOCATED SOUTHWEST OF THE INTERSECTION OF DATE STREET AND MARGARITA ROAD, KNOWN AS ASSESSOR'S PARCEL NO. APN 916-160-004 AND916-170-011, TENTATIVE TRACT MAP 29639. WHEREAS, Lennar Communities, filed Planning Application No. 02-0233, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. 02-0233 was processed including, but not limited to public notice, in the tirne and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. 02-0233 on September 4, 2002 at duly noticed public hearings 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; WHEREAS, al: the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. 02-0233; NOW, THERE FORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. The Planning Commission, in approving Planning Application No. 02-0233 hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code: 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 Low Medium Density land use designation standards contained in the Harveston Specific Plan and the City's Development Code. The project is also consistent with the Low Medium 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 the 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. R:\Product Review~-iarveston Product\Staff report.doc 17 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 public health, safety and welfare. Section 3. Environmental Compliance. A Notice of Exemption for Planning Application No. 02-0233 was made per the California Environmental Quality Act Guidelines Section 15162. This section applies when an Environmental Impact Report (EIR) has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless thero aro substantial changes not discussed or examined in the EIR. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. 02-0233 for a Development Plan / Product Review for detached single family residences within Planning Area 4 of the Harveston Specific Plan located southwest of the intersection of Date Street and Margarita Road, Assessor's Parcel No. 916-160- 004 and 916-170-011, Tentative Tract Map 29639. The Conditions of Approval are contained in Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning C°mmissi°n this 4th day of September 2002' '~/{j.j, ~ '"--D~nnis Chiniaeff, Chairperson ATTEST: 'Debbie Ubnoske, Secretary {S.E. AL} 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. 02-034 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 4th day of September, 2002, by the following vote: AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: 1 PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Guerriero, Olhasso, Telesio, Chiniaeff None None Mathewson D~bbie Ubnoske, Secretary R:\Product Review\Harveston Product\Staff report.doc 18 EXHIBIT A CONDITIONS OF APPROVAL R;~roduct Review~Harveston Product~taff report.doc 19 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. 02-0233 (Development Plan I Product Review) Project Description: PA02-0233: A Development Plan / Product Review for detached single family residences within planning area 4 of the Harveston Specific Plan located southwest of the intersection of Date Street and Margarita Road, Assessor's Parcel No. 916-160-004 and 916-170-011, Tentative Tract Map 29639. DIF Category: Detached Single Family Homes Assessor Parcel No.: 916-160-004, 916-170-010, 916-170-011,916-170-007 Approval Date: September 4, 2002 Expiration Date: September 4, 2004 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 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 sixty-four Dollars ($64.01:3) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources 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 abow.~, 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 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. The City shall estimate the cost of the defense of the R:'~Product Review~Harveston Product'Staff report.doc 20 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 required deposit, the Director may terminate the land use approval without further notice to the applicant. 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 of substantial utilization contemplated by this approval. Building elevations shall substantially conform to the approved Exhibit(s) '%"- "1" contained on file with the Community Development Department - Planning Division as amended by these changes.: The colors and materials for this project shall substantially conform to the approved colors and materials contained on file with the Community Development Department - Planning Division. Any deviation from the approved colors and materials shall require approval of the Director of Planning. This approval is for product review only and shall in no way limit the city or other regulatory or service agencies from applying additional requirements and/or conditions consistent with applicable polioies and standards upon the review of grading, building and other necessary permits and approvals for the project. The Development Code requires double garages to maintain a minimum clear interior dimension of 20' x 20'. This shall be clearly indicated on the plans prior to the issuance of building permits for the project. Applicant shall obtain the proper permits before construction, including Encroachment Permit from the Public Works Department for any work done in the City right-of-way, and Building Permit from the Building and Safety Department. 9. Fire Hydrants ,'shall be installed prior to the start of any construction at the site. 10. Driveway widths shall comply with the driveway width requirements per City Standards. In order to allow for adequate street parking, the driveway widths at curbs will be limited to 24' maximum. Driveways should curve and flare out from 24' maximum at curbs to a width to accommodate the three-car garage. Prior to the Issuance, of Grading Permits 11. The applicant shall submit a Precise Grading Plan, subject to the review and approval of the Planning Department. 12. The applicant ,,shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Community Development Department - Planning Division for their files. R:~Product Review¥.-larveston Product\Staff report.doc 21 13. The applicant .,shall submit to the Community Development Department - Planning Division for permanent filing two (2) 8" X 10" glossy photographic color prints of Exhibit "N" the Color and Materials Board and of the colored version of approved Exhibit "O", the colored architectural elevations to the Community Development Department - Planning Division for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 14. All design cornponents 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. 15. Obtain all building plans and permit approvals prior to commencement of any construction work. 16. A pre-construction meeting is required with the building inspector prior to commencement of any construction or inspections. 17. Provide appropriate stamp of a registered professional with original signature on plans and structural calculations submitted for plan review. 18. Provide electrical plan including load calculations and panel schedule for plan review. 19. ~ ....... * .... c"d ~"*"';^' !!ght!.".g. (Deleted by the Planning Commission at the September 4, 2002 meeting.) 20. 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. 21. Obtain street addresses from the Building Official prior to submittal of plans for plan review. 22. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside county Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m.-6:30 p.m. No work is permitted on Sunday or Government Holidays Prior to the Issuance of Occupancy Permits 23. 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 Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. R:~roduct Review',Harveston Product\Staff reporLdoc 22 24. Performance ,,securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan shall be filed with the Community Development Department - Planning Division for 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 Director of Planning, the applicant shall release the bond upon request. By placing my signature below, I 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 Planning Commission approval. Applicant's Signature Name printed Date R:\Product Review\Harveston Product\Staff report.doc 23