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HomeMy WebLinkAbout17-10 PC Resolution PC RESOLUTION NO. 17-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA17-0323, A MAJOR MODIFICATION TO MODIFY THE PREVIOUSLY APPROVED HOME PRODUCT REVIEW FOR ARBOR VISTA INCLUDING, ARCHITECTURE, PLOT PLANS, AND PLAN MIXES, FOR TRACT 36479 LOCATED AT THE SOUTHEAST CORNER OF NICOLAS AND VIA LOBO ROADS (APNS 919-350-017, 018, 019, 020) AND PLANNING APPLICATION NUMBER PA17-0652, A MINOR EXCEPTION TO ALLOW FOR A 5.7% FRONT YARD SETBACK REDUCTION (FROM 20' TO 18.9') ON LOT 81 LOCATED WITHIN TRACT 36479 AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 21, 2014, the Planning Commission recommended approval of PA12-0131 (General Plan Amendment), PA12-0132 (Zoning Map and Text Change), PA12-0133 (Tentative Tract Map), and PA12-0134 (Residential Home Product Review) to the City Council. B. On August 12, 2014, the City Council approved PA12-0131, PA12-0132, PA12-0133, and PA12-0134. C. On February 16, 2017, Jarnne Gardner filed Planning Application No. PA17-0323, a Modification Application in a manner in accordance with the City of Temecula General Plan and Development Code. D. On April 18, 2017, Jarnne Gardner filed Planning Application No. PA17- 0652, a Minor Exception Application in a manner in accordance with the City of Temecula General Plan and Development Code. E. The Applications were processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. F. The Planning Commission, at a regular meeting, considered the Applications and environmental review on May 17, 2017, 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. G. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Applications No. PA17-0323 and Planning Application No. PA17-0652, subject to and based upon the findings set forth hereunder. H. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Applications hereby finds, determines and declares that: Home Product Review/Development Plan (Code Section 17.05.0105) 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 project is designed to ensure compliance with the General Plan and all applicable requirements of State law and other Ordinances of the City. The proposed project meets Goal 1 of the Land Use Element of the General Plan, as well a Policy 1.1, 1.2., 1.6 and 1.9. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project is consistent with all applicable building, development and fire codes, which include provisions to safeguard the health, safety, and general welfare of the community. The project has been reviewed by the Building Department, Fire Prevention Department, and Public Works Department for compliance with all applicable regulations. Minor Exception (Code Section 17.03.060.D) A. That there are practical difficulties or unnecessary hardships created by strict application of the code due to the physical characteristics of the property. The existing site configuration creates practical difficulties and unnecessary hardships due to the strict application of the front setback standards under Planned Development Overlay 13 (PDO-13). Site phasing, access, security, safety, and slopes create a condition where the front yard setback cannot be accommodated on one of the model lots (lot 81). A reduction of the front yard setback from 20' to 18.9' (a 5.7% reduction) is within the allowable 15 percent reduction permitted by the Development Code and meets the City's Development Standards and PDO-13 with respect to front yard setbacks. 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. Permitting this Minor Exception will not grant special privileges to the applicant and will meet the City's Development Standards and PDO-13. 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 in front yard setbacks meets the Development Standards and PDO-13 with respect to the site. The project has been reviewed 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 the public health, safety, and welfare. 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 to protect surrounding properties and the Minor Exception does not permit uses that are prohibited within the Development Code or PDO-13. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Major Modification and Minor Exception: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review under Section 15162, Subsequent EIRs and Negative Declarations. No further analysis is required. A Mitigated Negative Declaration with Mitigation Monitoring Plan was adopted as a part of PA12-0131, PA12-0132, PA12-0133, and PA12-0134) on August 12, 2014. No substantial changes are proposed to the project that would require revisions to the Mitigated Negative Declaration (with Mitigation Monitoring Plan). The project is not expected to involve new environmental effects or increase the severity of previously identified significant effects. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application Number PA17-0323, a Major Modification to modify the previously approved Home Product Review for Arbor Vista including, architecture, plot plans, and plan mixes, for Tract 36479 located at the southeast corner of Nicolas and Via Lobo Roads (APNs 919-350-017, 018, 019, 020) and Planning Application Number PA17-0652, a Minor Exception to allow for a 5.7% front yard setback reduction (from 20' to 18.9') on lot 81 located within Tract 36479 and making a finding of exemption under the California Environmental Quality Act (CEQA) 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 17th day of May, 2017. John H. Telesio, Chairperson ATTEST: L ats n Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17-10 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of May, 2017, by the following vote: AYES: 4 PLANNING COMMISSIONERS: TELESIO, TURLEY-TREJO, WATTS, YOUMANS NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 1 PLANNING COMMISSIONERS: GUERRIERO ABSTAIN: 0 PLANNING COMMISSIONERS: NONE Luke Watson Secretary EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application Nos.: PA17-0323 and PA17-0652 Project Description: A Major Modification to modify the previously approved Home Product Review for Arbor Vista including, architecture, plot plans, plan mixes, and removal of private street lights, for Tract 36479 located at the southeast corner of Nicolas and Via Lobo Roads (APNs 919-350-017, 018, 019, 020) and a Minor Exception to allow for a 5.7% front yard setback reduction (from 20' to 18.9') on lot 81 located within Tract 36479. Assessor's Parcel No.: 919-350-020 919-350-017 919-350-019 919-350-018 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: May 17, 2017 Expiration Date: August 12, 2017 New Street In-lieu of Fee: Not Applicable (not within the Uptown Specific Plan) PLANNING DIVISION General Requirements 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 and its attorneys 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. 2. Expiration. This approval shall be used by August 12, 2017; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the approval 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. This Modification does not extend the original Development Plan's approval. 3. 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 five extensions of time, one year at a time. 4. 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. 5. Signage Permits. A separate building permit shall be required for all signage. 6. 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. 7. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 8. 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. 9. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by City staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, 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. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 11. Previous Conditions of Approval. All previous Conditions of Approval from PA12-0131, PA12-0132, PA12-0133, and PA12-0134 shall remain in full effect unless superseded herein. 12. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris.