HomeMy WebLinkAbout04_034 DH Resolution
DH RESOLUTION NO. 2004-034
A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0488, A DEVELOPMENT PLAN (PRODUCT REVIEW)
FOR TEN DETACHED SINGLE-FAMILY RESIDENTIAL HOMES
WITH ATTACHED CASITAS LOCATED ON THE SOUTH SIDE
OF RANCHO VISTA ROAD, PAST TEMECULA VALLEY HIGH
SCHOOL AND ON DEODAR LANE, NORTH EAST OF
GREENTREE ROAD (APN'S: 955-450-001 THROUGH 010).
(TRACT MAP 26521).
WHEREAS, Brian MacGregor, filed Planning Application No. PA04-0488, in a manner in
accord with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. PA04-0488 was processed including, but not
limited to a public notice, in the time and manner prescribed by State and local law;
WHEREAS, the Planning Director, at a regular meeting, considered Planning Application
No. PA04-0488 on December 2, 2004, 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;
WHEREAS, at the conclusion of the Planning Director Hearing and after due
consideration of the testimony, the Planning Director approved Planning Application No. PA 04-
0488 subject to the conditions after finding that the project proposed in Planning Application No.
PA04-0488 conformed to the City of Temecula General Plan and Development Code;
NOW, THEREFORE, THE PLANNING DIRECTOR OF THE CITY OF TEMECULA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. Findinqs. The Planning Director, in approving Planning Application No.
PA04-0383 (Development Plan) hereby makes the following findings as required by Section
17.05.010F 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 Very Low Density Residential
(VL) land use designation standards contained in the City's Development Code. The
project is also consistent with the Very Low land use designation contained in the
General Plan. When the subdivision was approved in 1992, the original zoning was
Rural Residential (R-R) with a minimum lot size of 20,000 square feet. Currently, the
minimum lot size is 2.5 acres. The subdivision is considered legal nonconforming and is
able to keep the same number of lots that were approved from TM 26521. The lots
range in size from. 78 acres to 1.27 acres. The site is properly planned and zoned, and
as conditioned, is physically suitable for the type and density of residential development
proposed. The project, as conditioned, is also consistent with other applicable
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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.
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 Determination for Planning
Application No. PA04-0488 was prepared per the California Environmental Quality Act
Guidelines Section 15162. This section applies when a Negative Declaration has been certified
and there are no substantial changes not discussed or examined in the ND. A Negative
Declaration was adopted in 1992 when the underlying Subdivision Map (TM 26521) was
approved.
Section 4. Conditions. That the City of Temecula Planning Director hereby
approves Planning Application No. PA04-0488, a Product Review for ten detached single-family
residential homes, ranging from 4,006 square feet to 4,106 square feet with two (2) different
floor plans and three (3) architectural designs for each plan, subject to the conditions of
approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference
together with any other conditions that may be deemed necessary.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director
of Planning this 2nd day of December 2004.
Don
I, Cynthia M. Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify
that DH Resolution No. 2004-034 was duly and regularly adopted by the Director of Planning of
the City of Temecula at a regular meeting thereof held on the 2nd day of December, 2004.
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EXHIBIT A
FINAL CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA04-0488
Project Description:
A Product Review for ten detached single-family
residential homes and a potential of ten attached
casitas as a buyer upgrade option. The project is
located on the south side of Rancho Vista Road, past
Temecula Valley High School and on Deodar Lane,
northeast of Greentree Road (APN 955-450-001). Units
range from 4,006 square feet to 4,109 square feet with
two (2) different floor plans and three (3) architectural
designs for each floor plan.
DIF Category:
MSHCP Category:
Residential
Residential
Tentative Tract No.:
TTM 26521
Approval Date:
December 2, 2004
Expiration Date:
December 2, 2006
PLANNING DEPARTMENT
1.
The applicant shall deliver to the Planning Department 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 Determination 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 Planning Department the check as required above, the approval for
the project granted shall be void by reason of failure of condition (Fish and Garne Code
Section 711.4(c).
General Requirements
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 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
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3.
4.
5.
6.
7.
8.
9.
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.
The applicant shall submit, to the Planning Department for permanent filing, two (2) 8" X
10" glossy photographic color prints of the color and Materials Boards and of the colored
version of the approved colored architectural elevations. All labels on the Color and
Materials Board, and Elevations shall be readable on the photographic prints.
The project shall meet all applicable Conditions of Approval for Tract Map Number
26521 (PA96-0030).
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.
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.
The Director of Planning may, upon an application being filed within thirty days prior to
expiration and for good cause, grant a time extension of up to three one-year extensions
of time, one year at a time.
The development of the premises shall substantially conform to the approved plans,
contained on file with the Planning Department.
The colors and materials for this project shall substantially conform to the approved
colors and materials contained on file with the Planning Department, or as amended
herein. Any deviation from the approved colors and materials shall require approval of
the Director of Planning. Staff may elect to reject the request to amend or substitute
materials and colors, 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.
The applicant shall sign both copies of the final conditions of approval that will be
provided by the Planning Department staff, and return one signed set to the Planning
Department for their files.
11.
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.
12.
Fire Hydrants shall be installed prior to the start of any construction at the site.
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13.
14.
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.
All lots shall be built in accordance with the Site Plans labeled as "Elevations".
Prior to the Issuance of Building Permits
15.
16.
17.
18.
19.
20.
21.
22.
The applicant shall submit street lighting and signage plans to the Planning Director for
final approval. Street lighting shall comply with the Specific Plan, Riverside County Mt.
Palomar Lighting Ordinance, and the mitigation-monitoring program. Said lighting shall
comply with the standards as set forth in the Mitigated Monitoring Program and install
hoods or shields to prevent either spillage of lumens or reflections into the sky (lights
must be downward facing).
Obtain street addresses from the Building Official prior to submittal of plans for plan
review.
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. 94-
21, 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 construction of the Model Home complex, the applicant shall apply for a Model
Home complex permit.
A separate building permit shall be required for all signage.
An appropriate method for screening the gas meters and other externally mounted utility
equipment shall be reviewed and approved by the Planning Department.
Landscape plans for front yards, slopes and common lots shall be submitted for review
and approvai by the Planning Director prior to the issuance of building permits for the
project.
Wall and fence plans shall be submitted for review and approval by the Planning Director
prior to the issuance of building permits for the project.
Prior to Building Occupancy
23.
All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
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24.
All required landscape planting and irrigation, hardscape and fencing within individual
lots shall have been installed and completed for inspection consistent with the approved
construction landscape plans prior to issuance of occupancy for each house (excluding
model home complex). The plants shall be healthy and free of weeds, disease, or pests.
The irrigation system shall be properly constructed and in good working order.
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 Department approval.
Applicant's Signature
Date
Applicant's Printed Name
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