HomeMy WebLinkAbout06_017 DH Resolution
DH RESOLUTION NO. 06-017
A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA06-0332, A REQUEST FOR A DEVELOPMENT PLAN TO
CONSTRUCT 112 SINGLE-FAMILY HOMES IN PLANNING
AREA 21 OF THE WOLF CREEK SPECIFIC PLAN AND PA05-
0333, MINOR EXCEPTIONS TO ALLOW FOR REDUCED
BUILDING SETBACKS AT NINE IRREGULARLY SHAPED
LOTS AT THE 23.2 ACRE PROJECT SITE
Section 1. The City Council of the City of Temecula adopted the Wolf Creek Specific
Plan on February 13, 2001.
Section 2. Matthew Fagan, representing Lennar Homes, filed Planning Application
Nos. PA06-0332 (Development Plan) and PA06-0333 (Minor Exceptions) on November 4, 2005,
in a manner in accord with the City of Temecula General Plan and Development Code.
Section 3. Planning Application Nos. PA06-0332 (Development Plan) and PA06-
0333 (Minor Exceptions) were processed including, but not limited to a public notice, in the time
and manner prescribed by State and local law.
Section 4. The Planning Director, at a regular meeting, considered Planning
Application Nos. PA06-0332 (Development Plan) and PA06-0333 (Minor Exceptions) on July 6,
2006, 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.
Section 5. At the conclusion of the Planning Director's Hearing and after due
consideration of the testimony, the Planning Director approved Planning Application Nos. PA06-
0332 (Development Plan) and PA06-0333 (Minor Exceptions) subject to conditions of approval
after finding that the project proposed in Planning Application Nos. PA06-0332 and PA06-0333
conformed to the City of Temecula General Plan, Development Code, and the Wolf Creek
Specific Plan.
Section 6. The above recitations are true and correct and are hereby incorporated
by reference.
Section 7. Findinas. The Planning Director, in approving Planning Application Nos.
PA06-0332 (Development Plan) and PA06-0333 (Minor Exceptions) hereby makes the following
findings as required by Sections 17.05.010.F (Development Plan) and 17.03.060.0 (Minor
Exception) of the Temecula Municipal Code.
Develooment Plan (Code Section 17.05.010.Fl
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 Wo" Creek Specific Plan and the City's
Development Code. The project is also consistent with the Low-Medium land use
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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 residential development
proposed. The project, as conditioned, is also consistent with other applicable
requirements of State law and local ordinances, including the Califomia Environmental
Quality Act (CEQA), 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 intended to protect the health and
safety of those living and 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 protection of public health,
safety, and general welfare.
Minor Exceotions (Code Section 17.03.060.0)
A. There are practical difficulties or unnecessary hardships created by strict
application of the code due to the physical characteristics of the property;
Due to the irregular shapes of the lots for which Minor Exceptions have been requested,
there are practical difficulties created by strict application of the code in that a the typical
footprint of a single-family home will not fit on these lots without encroaching into a
portion of the required setback areas.
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;
Minor Exceptions for reductions in setback requirements of less than 15% of the
required setbacks will not grant special privileges which are not otherwise available to
surrounding properties. All building separation requirements, pursuant to building and
fire codes, will be met and the proposed setback reductions will not be detrimental to the
public welfare or to the property of other persons located in the vicinity.
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 such that surrounding properties will be protected and
the Minor Exceptions will not permit uses which are not otherwise allowed by the Wolf
Creek Specific Plan.
Section 8. Environmental Comoliance. In accordance with Section 15162 of the
California Environmental Quality Act, the proposed Project has been deemed to be categorically
exempt from further environmental review. Section 15162 applies when an Environmental
Impact Report (EIR) has been certified and there are no substantial changes to the project as
examined by the EIR.
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Section 9. Conditions. That the City of Temecula Planning Director hereby
conditionally approves Planning Application Nos. PA06-0332, a request for a Development Plan
to construct 112 single-family homes in Planning Area 21 of the Wolf Creek Specific Plan and
PA05-0333, Minor Exceptions to allow for reduced building setbacks at nine irregularly shaped
lots, on a 23.2 acre project site located on the east side of Wolf Creed Drive South,
approximately 3,500 feet south of Wolf Valley Road, subject to the Conditions of Approval set
forth on Exhibit A, attached hereto, and incorporated herein by this reference as though set forth
in full.
Section 10. PASSED, APPROVED AND ADOPTED by the City of Temecula Director
of ning on t 's 6th day of July, 2006. .
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that
DH Resolution No. 06-017 as duly and regularly adopted by the Director of Planning of the City
of Temecula at a regular meeting thereof held on the 6th day of July, 2006.
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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 Nos.: PAOS-0332
Project Description:
Planning Application No. PA05-0332, a Development
Plan for Product Review for 112 single-family homes in
Planning Area 21 of the Wolf Creek Specific Plan and
PA05-0333, Minor Exceptions to allow for reduced
building setbacks at nine irregularly shaped lots. The
23.2 acre project site is located on the east side of
Wolf Creek Drive South, approximately 3,500 feet
south of Wolf Valley Road
DIF Category:
Per Development Agreement
TUMF:
MSHCP:
Not applicable per Development Agreement
Not applicable per Development Agreement
Assessor's Parcel No:
Tract 30246-4 & 10 (962-010-012)
Approval Date:
Expiration Date:
July 6, 2006
July 6, 2008
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
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 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 Game Code Section
711.4(c).
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GENERAL REQUIREMENTS
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Planning Department
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 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. The applicant shall submit, to the Planning Department for permanent filing, two 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.
4. The project shall meet all applicable Conditions of Approval for Tract Map Number
30264 (PA02-0339).
5. 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.
6. This approval shall be used within two 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-year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
7. 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 3 one-year extensions of
time, one year at a time.
8. The development of the premises shall substantially conform to the approved plans,
contained on file with the Planning Department.
9. The permittee shall obtain City approval for any modifications or revisions to the
approval of this development plan.
10. 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.
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11. 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.
12. The Development Code requires double garages to maintain a minimum clear interior
dimension of 20' x 20' and single garages to maintain a minimum clear interior
dimension of 10' x 20'. This shall be clearly indicated on the plans prior to the issuance
of building permits for the project. Interior dimensions are measured from the inside of
garage wall to the opposite wall, steps, landing, equipment pedestals, bollards or any
similar type feature. When the top of the stem wall is more than 8" above the garage
floor, the required dimension is measured from the inside edge of the stem wall.
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PRIOR TO THE ISSUANCE OF BUILDING PERMITS
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Planning Department
13. The applicant shall comply with standards, conditions and requirements set forth in the
Wolf Creek Specific Plan, Mitigation Monitoring Program, Conditions of Approval for
Tract Map 30264 (PA02-0339), and Ordinance No. 00-02, the Development Agreement
between the City of Temecula and S.P. Murdy, LLC for the Wolf Creek Specific Plan.
Including but not limited to Section 4.2.3. of the Development Agreement requiring
payment of fees in the amount of $200/residential dwelling unit for public art, open space
and habitat preservation.
14. 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).
15. Prior to construction of the Model Home complex, the applicant shall apply for a Model
Home complex permit.
16. A separate building permit shall be required for all signage.
17. An appropriate method for screening the gas meters and other externally mounted utility
equipment shall be reviewed and approved by the Planning Department.
18. The 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.
19. Landscape plans for front yards, slopes and common lots, to include a plan for perimeter
or "community" walls/fences, shall be submitted for review and approval by the Planning
Director prior to the issuance of building permits for the project.
20. The size and spacing of all ground covers shall be provided as approved by the Director
of Planning.
21. A landscape maintenance program shall be submitted for approval with the landscape
construction plans, which details the proper maintenance of all proposed plant materials
to assure proper growth and landscape development for the long-term esthetics of the
property. The approved maintenance program shall be provided to the landscape
maintenance contractor who shall be responsible to carryout the detailed program.
22. A rain sensor shall be provided for all HOA irrigation systems.
23. Construction Landscape Plans shall address the following:
a. Typical slope plans and all slopes on site plan shall show correct quantities of
trees and shrubs. Code requires slope banks 5' or greater in vertical height with
slopes greater than or equal to 3:1 to be landscaped at a minimum with an
appropriate ground cover, one 15 gallon or larger size tree per 600 square feet of
slope area, and one 1 gallon or larger shrub for each 100 square feet of slope
area. Slope banks in excess of 8' in vertical height with slopes greater or equal
to 2:1 shall also be provided with one 5 gallon or larger tree per 1,000 square
feet of slope area in addition to the above requirements.
b. Colors for all construction materials shall be provided on the construction
landscape plans.
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PRIOR TO BUILDING OCCUPANCY
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Planning Department
24. All of the foregoing conditions shall be complied with prior to . occupancy or any use
allowed by this permit.
25. All required landscape planting and irrigation for each individual house shall have been
installed consistent with the approved construction landscape plans and shall be in a
condition acceptable to the Planning Director prior to occupancy for each house. The
plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall
be properly constructed and in good working order.
Public Works Department
26. 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.
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 Community Development Department approval.
Date
Applicant's Signature
Applicant's Printed Name
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