HomeMy WebLinkAbout02_036 PC ResolutionPC RESOLUTION NO. 02-036
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO. 02-
0236 - A DEVELOPMENT PLAN ! PRODUCT REVIEW FOR
DETACHED SINGLE FAMILY RESIDENCES WITHIN PLANNING
AREA 7 OF THE HARVESTON SPECIFIC PLAN LOCATED
SOUTH OF OAK STREET, WEST OF MARGARITA ROAD,
BETWEEN HARVESTON SCHOOL ROAD AND MAJOR ENTRY
OFF OF OAK STREET, KNOWN AS ASSESSOR'S PARCEL NO.
APN 916-160-004, 916-180-008, 916-170-011 AND 916-170-007
TENTATIVE TRACT MAP 29928-1 AND 29928.
WHEREAS, Lennar Communities, filed Planning Application No. 02-0236, in accordance
with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. 02-0236 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. 02-0236 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, at the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission approved Planning Application No. 02-0236;
NOW, THEREFORE, 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.
02-0236 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.
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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 afl
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. 02-0236 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
are 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. 02-0236 for a Development Plan / Product Review
for detached single family residences within Planning Area 7 of the Harveston Specific Plan located
south of Oak Street, west of Margarita Road, between Harveston School Road and Major Entry off
of Oak Street, Assessor's Parcel No. 916-160-004 and 916-170-011 Tentative Tract Map 29928-2
and 29928-3. The Conditions of Approval are contained in Exhibit A.
Section 5. PASSED, APPROVED AND ADQPTED by the City of Temecula Planning
Commission this 18th day of September 2002.
'"-ffennis Chiniaeff, ChairpersOn
ATTEST:
Debl~ie Ubnoske, Secretary
{SEAL}
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECUL'A )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that
PC Resolution No. 02-036 was duly and regularly adopted by the Planning Commission of the City
of Temecula at a regular meeting thereof held on the 18th day of September, 2002, by the following
vote:
AYES: 5
NOES: 0
ABSENT: 0
ABSTAIN: 0
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Guerriero, Mathewson, Olhasso,
Telesio, and Chairman Chiniaeff
None
None
None
De§bie Ubnoske, Secretary
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EXHIBIT A
CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. 02-0236
(Development Plan I Product Review)
Project Description:
PA02-0236: A Development Plan / Product
Review for detached single family residences
within planning area 7 of the Harveston
Specific Plan located south of Oak Street,
west of Margarita Road, between Harveston
School Road and Major Entry off of Oak
Street, Assessor's Parcel No. 916-160-004
and 916-170-011, Tentative Tract Map 29928-
2 and 29928-3.
DIF Category:
Detached Single Family Homes
Assessor Parcel No.:
916-160-004, 916-170-010, 916-t70-011,
916-170-OO7,
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 ($64.00) 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 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
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
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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
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) "A" -"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 ofthe
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 policies 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.
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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.
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 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.
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.
Provide house-electrical meters at each building for the purpose of providing power for fire
alarm systems and exterior lighting.
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.
Ail 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
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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.
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
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