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HomeMy WebLinkAbout15-02 PC ResolutionPC RESOLUTION NO. 15 -02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA14 -0219 AND PA14 -2909, A HOME PRODUCT REVIEW APPLICATION TO ALLOW KB HOME TO CONSTRUCT 99 SINGLE - FAMILY RESIDENTIAL UNITS IN RORIPAUGH RANCH AND A MINOR EXCEPTION FOR THE SIDE -YARD SETBACK ON LOT 41 TO REDUCE THE CORNERSIDE SETBACK FROM 15 FEET TO 13 FEET AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE SITE IS LOCATED IN RORIPAUGH RANCH ON TR 29661 -1 (PLANNING AREA 2) AND IS GENERALLY LOCATED WEST OF BUTTERFIELD STAGE ROAD AND SOUTH OF MURRIETA HOT SPRINGS ROAD (APNS: 957 - 710 -001 — 012; 957 - 711 -001 — 044; 957 - 712 -001 — 014; 957 - 713 -001 — 013; 957 - 720 -001 — 003; 957 - 722 -001 — 013; AND 957 -723- 001) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On September 23, 2014 the applicant filed Planning Application No. PA14 -0219, a Home Product Review Application, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to, a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on January 7, 2015, 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. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA14 -0219 subject to, and based upon, the findings set forth hereunder. E. 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: Development Code (Section 17.05.010.F). 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; As conditioned, proposed single- family homes are permitted in the land use designation standards contained in the Roripaugh Ranch Specific Plan and the City's Development Code. The project is also consistent with the Low - Medium Residential land use designation contained in the General Plan. The site is properly planned and zoned and is physically suitable for the type and density of residential development proposed. The project 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; As conditioned, 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 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 the public health, safety, and welfare. Minor Exception (Code Section 17.03.060D) C. There are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property; The existing map and physical conditions as a result of grading and plotting TR 29661 -1 allow for the builder's home product to fit on all 99 lots of the map except Lot 41. This creates practical difficulties and unnecessary hardships due to the strict application of the Specific Plan's Development Standards. A reduction of the cornerside setback by 13 percent is within the allowable 15 percent reduction of the Development Code and meets the intent of Development Standards with respect to cornerside side -yard setbacks, visibility triangles, and lines of site. D. 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; Permitting this minor exception will not grant special privileges to the builder as this condition is unique to one lot and is intended to meet the intent of the Specific Plan's Development Standards. The result of permitting this minor exception will not be detrimental to the public welfare or to the property of other persons as the reduction to the setback meets the intent of Development Standards with respect to cornerside side -yard setbacks, visibility triangles, and lines of site. The project has been reviewed and 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 the public health, safety, and welfare. E. 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; As conditioned, the permitted use of single- family homes, including the site, building, circulation and other associated site improvements, is consistent with, and intended to protect the health and safety of the surrounding properties and is permitted use within this zone and will be constructed and function in a manner consistent with the protection of the public health, safety, and welfare Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Modification Application: A. In accordance with the California Environmental Quality Act, (Section 15162, Subsequent EIRs and Negative Declarations), following a project's certification of an EIR or the adoption of a negative declaration, no subsequent EIR shall be prepared unless substantial changes have been made, new information of substantial importance regarding the previous EIR or Negative Declaration becomes available, or further discretionary approvals for the project requires one. Therefore the proposed project has been deemed to be exempt from further environmental review; Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA14 -0219 and PA14 -2909, a Home Product Review application to allow KB Home to construct 99 single - family residential units in Roripaugh Ranch and a Minor Exception for the side -yard setback on Lot 41 to reduce the cornerside setback from 15 feet to 13 feet. The site is located in Roripaugh Ranch on TR 29661 -1 (Planning Area 2) and is generally located west of Butterfield Stage Road and south of Murrieta Hot Springs Road, (APN: 957 - 340 -048) 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 this 7th day of January, 2015. 9�-,�� Pat Kight, Chairman ATTEST: Armando G. Villa, AICP Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Armando G. Villa, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 15 -02 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7th day of January, 2015, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Harter, Kight, Telesio, Turley -Trejo NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Loo Armando G. Villa, AICP Secretary Wcm_TkdM- I . ] 11 N 7 . 6Y. ] y _ A > > : z. 1 7 / i 1 � EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA14 -0219 and PA14 -2909 Project Description: A Home Product Review application to allow KB Home to construct 99 single - family residential units in Roripaugh Ranch and a Minor Exception for the side -yard setback on Lot 41 to reduce the cornerside setback from 15 feet to 13 feet. The site is located in Roripaugh Ranch on TR 29661 -1 (Planning Area 2) and is generally located west of Butterfield Stage Road and south of Murrieta Hot Springs Road. Assessor's Parcel No.: 957 -710 -001 — 012; 957 - 711 -001 — 044; 957 -712 -001 — 014; 957- 713 -001 — 013; 957 - 720 -001 — 003; 957- 722 -001 — 013; and 957- 723 -001 MSHCP Category: Single - Family Residential (less than 8 du /ac) DIF Category: Residential - Detached TUMF Category: Single - Family Residential Quimby Category: Single - Family with Attached Garage Approval Date: January 7, 2015 Expiration Date: January 7, 2017 PLANNING DIVISION General Requirements PL -1. Indemnification of the City. 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. PL -2. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -3. Site Plan and Elevations. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department, PL -4. Enhanced Elevations. All enhanced elevation locations identified on the Product Placement Plan shall also be identified on the Precise Grading Plans ( "E ") and Building Construction Plans. PL -5. Expiration. 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, or use of a property in conformance with a Conditional Use Permit. PL -6. Time Extension. The Director of Community Development may, upon an application being filed 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. PL -7. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. PL -8. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL -9. Photographic Prints. The applicant shall submit to the Planning Division for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and Elevations shall be readable on the photographic prints. PL -10. Statement of Operations. The applicant shall comply with their Statement of Operations dated September 23, 2014, on file with the Planning Division, unless superseded by these Conditions of Approval. PL -11. Signage. A separate building permit shall be required for all signage. Prior to Issuance of Building Permit(s) PL -12. Final Map Recordation. The Final Maps for 29661 -1 shall be recorded. PL -13. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. PL -14. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one -year landscape maintenance bond." The applicant /owner shall contact the Planning Division to schedule inspections. PL -15. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, 'The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." PL -16. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. PL -17. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail 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 carry out the detailed program. PL -18. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, 'Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one -year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. PL -19. Irrigation. The landscape plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for (private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right -of -way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas). PL -20. Hardscaping. The landscape plans shall include all hardscaping for pedestrian trails within private common areas. PL -21. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three -foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after - thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit. PL -22. Landscape Installation Consistent with Construction Plans. 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 Planning Director. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL -23. Front Yard and Slope Landscaping. Front yard and slope landscaping within individual lots shall be completed for inspection. PL -24. Private Common Area Landscaping. Private common area landscaping shall be completed for inspection prior to issuance of the certificate occupancy permit. PL -25. HOA Landscaping. HOA landscaping shall be completed for inspection for those lots adjacent to HOA landscaped area. PL -26. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of 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 Community Development, the bond shall be released upon request by the applicant. PL -27. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PUBLIC WORKS DEPARTMENT General Requirements PW -1. Tract Map Compliance. The Applicant shall comply with all underlying Conditions of Approval for Tentative Tract Map No. 29661 (PA01 -0253) as approved on November 26, 2002 and all its amendments. PW -2. Specific Plan Compliance. The Applicant shall comply with all underlying Conditions of Approval for Roripaugh Ranch Specific Plan No. 11 (PA94 -0075) as approved on November 26, 2002 and all its amendments. PW -3. Development Agreement. The Applicant shall comply with the Development Agreement, and all its amendments, between the City of Temecula and Ashby USA, LLC dated December 17, 2002. Prior to Issuance of Building Permit PW -4. Building Pad. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered civil engineer, and the soil engineer shall issue a Final Soil Report addressing compaction and site conditions. PW -5. Impact Fees. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with the Development Agreement between the City and Developer dated December 17, 2002. PW -6. TUMF Fees. The developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08 BUILDING AND SAFETY DIVISION General Conditions B -1. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. B -6. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi - family residential projects or a recorded final map for single- family residential projects. B -7. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. B -8. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. B -9. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B -11. Sewer and Water Plan Approvals. On -site sewer and water plans will require separate approvals and permits B -12. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one - quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. FIRE PREVENTION General Requirements F -1. Minimum Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 2,000 GPM at 20 -PSI residual operating pressure for a 2 -hour duration (CFC Appendix B and Temecula City Ordinance). F -2. Minimum Fire Hydrant Distance. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. A combination of on -site and offsite 6" x 4" x 2 -2 '/" outlets on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrants in the system (CFC Appendix C and Temecula City Ordinance). Prior to Issuance of Building Permit(s) F -3. Residential Automatic Fire Sprinkler System. The homes will be required to be equipped with a residential automatic fire sprinkler system per the California Residential Code, Chapter 3. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy F -4. Building Address Numbers. New buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Single- family residences and multi- family residential units shall have 4 -inch letters and /or numbers, as approved by the Fire Prevention Bureau (CFC Chapter 5).