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HomeMy WebLinkAbout11-001 PC Resolution PC RESOLUTION NO. 11-01 ' A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0338, A MAJOR MODIFICATION TO THE CONDITIONS OF APPROVAL FOR TRACT 29661 (RORIPAUGH RANCH PANHANDLE, PA01-0253, RESOLUTION 02-114) TO CHANGE THE DRAINAGE CONDITION (PORTION OF 59A) TO ALLOW FOR PHASED DRAINAGE IMPROVEMENTS. PROJECT SITE IS THE RORIPAUGH RANCH "PANHANDLE" LOCATED ALONG THE SOUTH SIDE OF MURRIETA HOT SPRINGS ROAD TO JUST WEST OF THE MWD EASEMENT (TRACT 29661-1 THROUGH -5) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 26, 2002, the City Council of the City of Temecula adopted and certified an Environmental Impact Report (PA94-0076), a General Plan Amendment (PA99-0298), the Roripaugh Ranch Specific Plan (PA94-0075), a Change of Zone (PA94-0075), a Development Agreement (PA99-0299) and Tentative Tract Maps 29661 , (PA01-0253) and 29353 (PA01-0230). B. On November 9, 2010, the City Council of the City of Temecula approved the Fifth Operating Memorandum to the Recorded Development Agreement Between the City of Temecula and Ashby USA, LLC to clarify terms of building permit issuance and required improvements for Tracts 29661-3 and 29661-4. C. On November 22, 2010, David Lother on behalf of HRA Roripaugh 1 LLC and HRA Roripaugh 2 LLC filed Planning Application No. PA10-0338, a , Major Modification Application, in a manner in accord with the City of Temecula General Plan and Development Code. D. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. E. The Planning Commission, at a regular meeting, considered the Application and environmental review on January 19, 2011, 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. F. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA10-0338 subject to and based upon the findings set forth hereunder. G. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the - Application hereby finds, determines and declares that: A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable Specific Plan and the City of Temecula Municipal Code; Tentative Tract Map No. 29661 is consistent with the Genera/ P/an, the Subdivision Ordinance, the Development Code, Municipal Code and Roripaugh Ranch Specific Plan as designed. The modification to the Condition of Approval for this map would not cause the project design to change and therefore the project remains consistent with the policies and standards in the General Plan, Subdivision Ordinance, Development Code, Municipal Code and Roripaugh Ranch Specific Plan. B. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; Tentative Tract Map No. 29661 did not include land designated for conservation or agricultural use and has never been entered into. any Williamson Act Contracts. The major modification to change the condition of approval for this map would not include any land used for agriculture not subject to Williamson Act Contracts. C. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map; The approved Tentative Map included subdividing 158 acres for residential uses consistent with the General Plan and Roripaugh Ranch Specific Plan. The proposed major modification would not change the type of development nor the density per the approved maps. D. The design of the subdivision and the proposed improvements, with Conditions of Approval, are not likely to cause significant environmental damage or substantially and avoidable injure fish or wildlife or their habitat; An EIR was prepared, adopted and certified for the project site and the Tentative Tract Map. The major modification to change Condition of Approval for the map would not result in any impacts to the environment. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; The approved Tentative Map was reviewed and condition by the Fire Safety , Division and the Building Safety Division. Further, provisions are made in the General Plan, Development Code and Specific Plan to ensure that the public health, safety.and welfare-are safeguarded. The project.design is.consistent with these provisions. The subject major modification would not modify the: design of the subdivision nor the type of final permanent improvements. required. . F. The design : of .the subdivision provides for. future passive or natural heating or cooling opportunities in the.subdivision to the extent feasible; The design of the approved subdivisions provides for. future : passive _-or. natural _. heating or cooling opportunities in the subdivision to the extent feasib/e. Prior to: the construction. of any str.uctures the applicant will be required to submit building plans to the Building Department fhat comp/y with the Uniform Building . Code, _ which contains requirements for energy _ conservation.. :. The subject major: modification would not modify the design-of the subdivision. nor opportunities for passive or natural. heating or cooling: G: The design: of the subdivision .and .the type of .improvements will not conflict with easements acquired by. the public at large for .access through or use of property within the proposed. subdivision, or the design of the� alternafe easements wliich are substantially. equivalent to those previously acqUired by the: public will be provided;. . All required .rights-of way and easements have been provided on the approved. Tentative Tract Nlaps. The subject _major modification= would. not modify the design of the subdivision nor the type of improvements required. H. The _ subdivision _ is. consistent with the City's . parkland dedicafion . requirements (Quimby); The project area is .within. an approved. Speeific Plan. The Roripaugh .�Ranch .:.- `. Specific Plan was designed and analyzed for a maximum of .2, 015 residential units and parkland has been dedicated using this number. ..The proposed Major Modification will nof modify the maximum_ number of units in the. Specific Plan . area and is therefore consistent with Quimby. Section 3: Environmental Findings. The Planning Corrimission hereby makes the following environmental findings and determinations in con.nection with the approval of the Major Modification Application. On November 26, 2002, .tfie City Council adopted Resolution No. 02-111 certifying the Environmental Impact Report for the Roripaugh _ Ranch Specific Plan and Related Planning Applications, including the Developmenf Agreement (''EIR"). The . Planning Commission finds, based. on the administrative record, that fhe EIR properly addressed all of the environmental issues.encompassed: within the Major Modification application and _that:_ (1) there have been no substantial changes in the Project which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have _occurred with respect to the circumstances under which the Project has . been undertaken which require. major revisions of the EIR _due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified � significant effects; and, (3) no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR or that mitigation measures or alternatives not found feasible would in fact be feasible or that other mitigation measures or alternatives would substantially reduce one or more of the significant effects. Therefore, neither a subsequent nor a supplemental EIR is required and the Planning Commission recommends that a Notice of Determination (Determination of Consistency) for which an Environmental Impact Report was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations) be filed. � Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA10-0338, a Major Modification to the Conditions of Approval for Tract 29661 (Roripaugh Ranch panhandle, PA01-0253, Resolution 02-114) to change the drainage condition (portion of 59a) to allow for phased drainage improvements. Project site is the Roripaugh Ranch "Panhandle" located along the south side of Murrieta Hot Springs Road to just west of the MWD easement (Tract 29661-1 through -5), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5: PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission th'is 19 day of January 2011. , ; , J ' c�-_�. � �-:.��� Paf Kight, Chairman . ATTEST: , �t� ick Richar�-�on, Secretary �. . - _ �_ . � ' _ J i \ � - - - � ' ' . _ . . _ ' . _ _ _ - . _ _ ' - . _ : _ - � � � "^ ".,;,�, ' . . . . . . . . . . . . . . " - _ _ - _ _ _ _ . . _ _ - , ' . . . _ . . . - _ . . �EALJ. f' � , . , r , �, � � - . '� . ' � '.r�`(�// _� � _ - . .. . . . - - � _ _ �.� � ' . . _ � � . . . . . - . STATE �OF .CALIFORNIA : ) COUNTY OF RIVERSIDE )ss CITY�OF TEMECULA ) I, Patrick . Richardson, . Secretary of the .Temecula Planning Commission; do hereby certify that the forgoing PC Resolution No, 11-01 was duly and regularly adopted by the Planning Commission of the City of Temecula at a. regular meeting thereof held on the 19 day of January 2011; .by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Guerriero, .=Harter, Kight, Telesio NOES: . 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Patrick Richardson, Secretary ' EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA10-0338 Project Description: A Major Modification to the Conditions of Approval for Tract 29661 (Roripaugh Ranch panhandle, PA01-0253, Resolution 02-114) to change the drainage condition (portion of 59a) to allow for phased drainage improvements Tract Map No.: Tracts 29661-1 thru Final MSHCP Category: Per Roripaugh Ranch DA DIF Category: Per Roripaugh Ranch DA TUMF Category: Per Roripaugh Ranch DA Approval Date: January 19, 2011 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicant/developer 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 pollars ($64.00) for the County administrative fee, to enable the Ciry to file the Notice of Determination as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer 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)). General Requirements PL-2. Project is subject to all conditions of approval for PA01-0253, unless modified herein. BUILDING AND SAFETY DEPARTMENT B-1. Project is subject to all conditions of approval for PA01-0253, unless modified herein. FIRE PREVENTION F-1. Project is subject to all conditions of approval for PA01-0253, unless modified herein. PUBLIC WORKS DEPARTMENT PV1/-1. Project is subject to all conditions of approval for PA01-0253, unless modified herein. PW-2. Project Prior to issuance of ANY building permifs in�Tract Map No. 29661 (panhandle) a. The storm drain facility/pipe, with its associated 1Nater.Quality measures/basin, shall be extended and connected into the existing downstream storm drain system in . Tract Map No. 25004: i. Improvement plans shall be designed and approved and ii. Securities shall be posted using the City's current construction security_ worksheet. b. Prior fo issuance of the first building permit, excluding model homes in the following tracts. All storm drain facilities; with associated Water.Quality measures shall be constructed and certified. On-going maintenance.provisions shall be.identified and in place. i. The proposed Tract Map No. 29661=1, Tract Map No. 29661-2, and Lots 1.— 3 and 23_ =. 78 within Tract Map No. 29661-3; construct detention basin ("Basin_ A°) uvithin proposed Tract Map 29661-1. along the west project boundary and complete the sform drain system and related outleYfacilities per the approved storm drain plans dated September 11, 2003 and as required by the Hydrology/Hydraulics study. ii. For lots 4= 22 and 79 - 101 within Tract Map No. 29661-3, Tentative Tract Map No. 29661-4 and the proposed Tract . Map No. 29661; construct detention basin ("Basin B") within Tract Map No. 29661-3 along the soutFiern project boundary and complete the storm drain and related outlet facilities per the approved storm drain system dated September 11 2003. iii. If the `'Basin A° system is not fully complete at the time issuance of building permits, the Developer shall install barricades and/or temporary fencing at intersection of Triple Springs Lane (westerly curb return) and Skyline Drive and the intersection of Crown Ranch Road (southerly curb return) and . Whistling Acres Drive, or as required by the City Engineer to prohibit public . access to the "Basin A" drainage areas.