HomeMy WebLinkAbout10-05 CC Ordinance ORDINANCE NO. 10 -05
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLE 17 OF THE
TEMECULA MUNICIPAL CODE BY ADOPTING ZONING
DESIGNATIONS HILLSIDE RESIDENTIAL -SANTA
MARGARITA (HR -SM) AND OPEN SPACE
CONSERVATION DISTRICT -SANTA MARGARITA
(OS -C -SM) AND ADOPTING HILLSIDE DEVELOPMENT
STANDARDS FOR A PRE - ZONING OF THE SANTA
MARGARITA AREA ANNEXATION NO. 2 OF
APPROXIMATELY 4,510 ACRES, LOCATED
IMMEDIATELY SOUTHWEST OF THE PRE - EXISTING
CITY OF TEMECULA BOUNDARY LINE, WEST OF
INTERSTATE -15 AND NORTH OF THE SAN DIEGO AND
RIVERSIDE COUNTY BOUNDARY (LR09 -0024)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine and declare that:
' A. On December 9, 2008, the City Council adopted Resolution No. 08 -110
certifying the Final Environmental Impact Report prepared for the Santa Margarita Area
Annexation (No. 1), a proposed expansion of the City of Temecula's Sphere of Influence
and Annexation to the City of Temecula and the Temecula Community Services District
of approximately 4,997 acres located immediately southwest of the City of Temecula
Boundary line, west of Interstate -15. The City Council also adopted findings pursuant to
the California Environmental Quality Act, adopted a statement of overriding
considerations and adopted a mitigation monitoring and reporting program in connection
therewith (collectively, "Certified Final Environmental Impact Report" or "Certified Final
EIR ").
B. On December 9, 2008, the City Council adopted Resolution Nos. 08 -111
and 08 -112 to apply to the Local Agency Formation Commission ( "LAFCO ") for an
expansion of the City of Temecula's Sphere of Influence and Annexation to the City of
Temecula and the Temecula Community Services District of approximately 4,997 acres
located immediately southwest of the City of Temecula Boundary line, west of
Interstate -15 ( "Santa Margarita Annexation Area ")
C. On December 9, 2008, the City Council adopted Resolution No. 08 -113
amending the General Land Use Map within the Santa Margarita Area Annexation,
contingent upon LAFCO's approval of the annexation.
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D. On December 9, 2008, the City Council adopted Ordinance No. 08 -14
' prezoning the territory of the Santa Margarita Area Annexation, contingent upon
LAFCO's approval of the annexation.
E. On December 9, 2008, the City Council adopted Ordinance No. 08 -15
amending the official zoning map of the City of Temecula by adopting zoning
designations Hillside -Santa Margarita (SM) and Open Space Conservation District —
Santa Margarita (OS -C -SM) and adopting Hillside Development Standards for the Santa
Margarita Area Annexation, contingent upon LAFCO's approval of the annexation.
F. Thereafter, the City of Temecula submitted to LAFCO a Sphere of
Influence Amendment Application and Annexation Application along with requisite
application submittal documents in connection therewith for the Santa Margarita Area
Annexation proposal ( "LAFCO Applications ").
G. On May 12, 2009, the City Council adopted Resolution No. 09 -42
confirming that the proposal for the Santa Margarita Area Annexation was pursuant to
the Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000,
commencing with Section 56000 of the California Government Code.
H. On June 4, 2009, LAFCO denied the LAFCO Applications made by the
City for the Santa Margarita Area Annexation proposal and approved the City's
Municipal Service Review; and adopted resolutions in connection therewith on June 25,
' 2009.
I. On July 23, 2009, the City of Temecula submitted an Application for
Reconsideration by LAFCO of the LAFCO Applications for the Santa Margarita Area
Annexation proposal. The City's proposal removed approximately 487 acres of the
southeast corner of the uninhabited 4,997 -acre Santa Margarita Area Annexation
territory, and included revised boundaries of the Sphere of Influence expansion from
4,443 acres to 4,126 acres to match the boundaries of the area to be annexed to the
City of Temecula and the Temecula Community Services District comprising of 4,510
acres of that certain uninhabited territory located immediately southwest of the City of
Temecula boundary line, west of Interstate 15, and north of the San Diego /Riverside
County boundary as depicted on the maps attached hereto as Exhibit A -A, and
incorporated herein as though set forth in full ( "Santa Margarita Area Annexation No.
2 ").
J. On September 24, 2009 LAFCO denied the City's Application for
Reconsideration and determined the City of Temecula must file a new LAFCO Sphere
of Influence Amendment Application and a new LAFCO Annexation Application to
proceed with the Santa Margarita Area Annexation No. 2 proposal.
K. On December 3, 2009 LAFCO voted unanimously to waive the one -year
waiting period to allow the City to proceed with LAFCO Sphere of Influence Amendment
' and Annexation Applications for the Santa Margarita Area Annexation No. 2 proposal
and LAFCO approved a reduction in the application fees by fifty percent.
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L. On January 12, 2010, the City Council adopted Resolution No. 10 -3
' authorizing the preparation of documents and actions necessary to proceed with a
Sphere of Influence Amendment and Annexation Application for the Santa Margarita
Area Annexation No. 2 proposal pursuant to the Cortese - Knox - Hertzberg Local
Government Reorganization Act of 2000 commencing with Section 56000 of the
California Government Code.
M. The City of Temecula proceeded with the preparation of documents
associated with the Santa Margarita Area Annexation No. 2 proposal including a
General Plan amendment to the Land Use Map, zoning amendment to Title 17 of the
Temecula Municipal Code including hillside development standards and pre- zoning
designations, and Sphere of influence and Annexation applications (LR09 -0024) in a
manner in accord with the City of Temecula General Plan and Municipal Code and are
hereby incorporated by reference, for the property consisting of approximately 4,510
acres located immediately southwest of the City of Temecula boundary, west of
Interstate 15 and north of the San Diego County /Riverside County boundary referred to
as the Santa Margarita Area Annexation No. 2 proposal (collectively, the "Amendment').
N. The Amendment was processed including, but not limited to a public
notice, in the time and manner prescribed by State and local law, including the
California Environmental Quality Act and pursuant to the Cortese - Knox - Hertzberg Local
Government Reorganization Act of 2000 commencing with section 56000 of the
' California Government Code,
O. An Addendum to the Certified Final EIR was prepared for the Santa
Margarita Area Annexation No. 1 ( "Addendum ") in accordance with the California
Environmental Quality Act and the California Environmental Quality Act Guidelines
( "CEQK) to address the reduced boundaries of the Santa Margarita Area Annexation
proposal that comprise the Santa Margarita Annexation Area No. 2 proposal.
P. The Planning Commission considered the Addendum to the Certified Final
EIR and the various components of the Amendment on February 3, 2010, at a duly
noticed public hearing as prescribed by law, at which time the City staff presented its
report and interested persons had an opportunity to and did testify either in support or in
opposition to this matter.
Q. Following consideration of the entire record of information received at the
public hearing and due consideration of the proposed Amendment and Addendum to
the Certified Final EIR, the Planning Commission adopted Resolution No. 10 -02
recommending that the City Council approve the Addendum to the Certified Final EIR,
adopt findings pursuant to the California Environmental Quality Act, adopt a Statement
of Overriding Considerations and adopt a Mitigation Monitoring and Reporting Program.
R. At the conclusion of the Planning Commission hearing and after due
' consideration of the entire record before the Planning Commission hearing, and after
due consideration of the testimony regarding the proposed Amendment, the Planning
Commission adopted Resolution No. 10 -03 recommending that the City Council
RJOrds 2010 /Ords 10 -05 3
approve the Amendment including: (1) approve a Resolution amending the General
Plan Land Use Element to incorporate Hillside Residential (HR) and Open Space (OS)
as the General Plan Land Use Designations within the Santa Margarita Area
Annexation No 2; (2) approve a pre- zoning Ordinance for the pre - zoning of the Santa
Margarita Area Annexation No. 2; and (3) approve a zoning Ordinance amending Title
17 of the Temecula Municipal Code and amending the official zoning map of the City of
Temecula by adopting zoning designations Hillside Residential -Santa Margarita (HR-
SM) and Conservation District -Santa Margarita (OS -C -SM) and adopting Hillside
Development Standards for a pre- zoning of the Santa Margarita Area Annexation No. 2.
S. On February 23, 2010, the City Council of the City of Temecula
considered the Addendum to the Certified Final EIR and the various components of the
Amendment, at a duly noticed public hearing as prescribed by law, at which time the
City staff presented its report and interested persons had an opportunity to and did
testify either in support or in opposition to this matter. After considering all the
testimony and comments and the entire record concerning the components of the
Amendment and the Addendum to the Certified Final EIR, the City Council adopted
Resolution No. 10 -16, approving the Addendum to the Certified Final EIR, adopting
findings pursuant to the California Environmental Quality Act, adopting a Statement of
Overriding Considerations and adopting a Mitigation Monitoring and Reporting Program.
T. On February 23, 2010, the City Council of the City of Temecula held a
' duly noticed public hearing on the proposed Amendment at which time all persons
interested in the proposed Amendment had the opportunity to, and did, address the City
Council on these matters. Following receipt of all public testimony the City Council
closed the hearing.
Section 2. Table 17.03.010 (Planning and Zoning Approval Authority) of
Section 17.03.010 of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the
Temecula Municipal Code, is hereby amended to add a new row immediately following
the row entitled "Secondary Dwelling Unit," to read as follows, with all other aspects of
the table remaining unchanged:
Table 17.03.010
Plan ing and Zoning Approval Authorit
Application Administrative Planning Planning City
Approval Director Commission Council
"Hillside Development Permit X
Section 3. A new Section 17.04.060 (Hillside Development Permit) is hereby
' added to Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code
to read as follows:
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' "17.04.060 Hillside Development Permit
A. Purpose and Intent. A Hillside Development Permit is required to facilitate
and permit the orderly development of property within the HR -SM (Hillside
Residential -Santa Margarita) and the OS -C -SM (Conservation -Santa
Margarita) Zoning Districts within the Santa Margarita Area Annexation.
The permit process will ensure that projects comply with a set of hillside
development standards aimed a protecting the public health, safety and
welfare; protecting and preserving natural and biological resources for
long -term benefit of the City by carefully considering the size, type,
location, density, and intensity of development based on available
infrastructure; the geographic steepness of terrain; presence of unique
geographic conditions and constraints; and presence of environmentally
sensitive areas. Specific regulations and standards address the following
City objectives:
B. Application Requirements. Applications for a Hillside Development Permit
shall be completed in accordance with the Section 17.03.030 of the
Temecula Municipal Code.
C. Authority of Hearing Bodies for a Hillside Development Permit. The
Planning Commission shall have the authority to hear and act upon a
Hillside Development Permit in accordance with the Temecula
Development Code. The City Council shall have the authority to hear and
act upon any appeal to the decision of the Planning Commission, pursuant
to Section 17.03.090 of the Development Code.
D. Hearing and Notice. Upon the determination that a Hillside Development
Permit application is complete, a public hearing shall be scheduled with
the Planning Commission. Notice of the time, date and place of public
hearing shall be given as provided in Section 17.03.040 of this Code.
E. Approval. A Hillside Development Permit may, based on findings set for in
this Section, be approved, conditionally approved or denied after a public
hearing. Decisions of the Planning Commission may be appealed to the
City Council, pursuant to Section 17.03.090 of the Temecula Municipal
Code.
F. Findings. The Planning Commission may approve or conditionally
approve a Hillside Development Permit only when the following findings
can be made:
1. The Hillside Development Permit does not permit uses that are not
otherwise allowed in the zone.
' 2. The proposed use is compatible with the nature, character and use
of the surrounding area.
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3. The proposed use will not adversely affect adjacent residents or
structures.
4. The nature and location of the proposed use will not be detrimental
to the health, safety, or welfare of the community.
5. The Hillside Development Permit places suitable conditions on the
project to protect surrounding properties.
G. Notice of Decision. A copy of the notice of decision shall be provided to
the applicant in accordance with Section 17.03.040.E of the Temecula
Municipal Code.
H. Revocation. A Hillside Development Permit may be revoked or modified
by the Planning Commission in accordance with the provisions of Section
17.03.080 of the Temecula Municipal Code."
Section 4. A new subsection H (Hillside Residential -Santa Margarita (HR -SM)
is hereby added to Section 17.06.020 of Chapter 17.06 (Residential Districts) of Title 17
(Zoning) of the Temecula Municipal Code to read as follows, with all other portions of
Section 17.06.020 remaining unchanged:
"H. Hillside Residential -Santa Margarita (HR -SM). The Hillside Residential-
Santa Margarita zoning district is intended to provide for development of
very low density residential uses within the Santa Margarita Area
Annexation boundaries. This includes properties that have severe
development constraints such as areas with slopes over twenty -five
percent, biological resources and, limited emergency access. Typical lot
sizes in the HR -SM district are equal to or greater than 10 acres."
Section 5. A new column entitled "HR -SM" immediately following the column
entitled "H," along with a new footnote 9, is hereby added to Table 17.06.030
(Residential Districts) of 17.06.030 (Use Regulations) of Chapter 17.06 (Residential
Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all
other portions of the table remaining unchanged:
Description of Use ... "HR -SM
Residential ...
Single- family detached ... P
Duplex (two- family dwellings) ... -
Single- family attached (greater than two units) -
Multiple- family ...
Manufactured homes ... P
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' Description of Use ::: "HR -SM
Mobilehome park
Facilities for the mentally disordered, handicapped, or ... P
dependent or neglected children (six or fewer)
Facilities for the mentally disordered, handicapped, or ... C
dependent or neglected children (seven to twelve)
Alcoholism or drug abuse recovery or treatment facility (six or ... P
fewer)
Alcoholism or drug abuse recovery or treatment facility (seven or ... C
more)
Residential care facilities for the elderly (six or fewer) ... P
Residential care facilities for the elderly (seven or more) ... C
Congregate care residential facilities for the elderly 6 ...
Boarding, rooming and lodging facilities ...
Secondary dwelling units 7 P
Granny flat ... P
' Guest house P
Family day care homes -small P
Family day care homes - large C
Day care centers ... C
Bed and breakfast establishments 6 ... C
Emergency shelters C
Transitional housing ... C
Non - Residential ...
Agriculture /open space uses 6 ... C
Religious institutions ... C
Public utility facilities ... C
Educational institutions ... C
Libraries ... -
Medical marijuana dispensary ... -
Museums and art galleries (not for profit) ... -
' Kennels and catteries 6 ... -
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' Description of Use "HR -SM
Noncommercial keeping of horses, cattle, sheep and goats 6 P
Temporary real estate tract offices ... P
Recreational vehicle storage yard 3 ... -
Parking for commercial uses ... -
Nonprofit clubs and lodge halls ... -
Convalescent facilities ... -
Golf courses ... -
Home occupations ... P
Construction trailers 5,6 P"
Notes:
" Development within the HR -SM zoning district is subject to Section 17.06.080
Hillside Development Standards."
Section 6. A new column entitled "HR -SM" added immediately following the
' column entitled "H," is hereby added to Table 17.06.040 (Development Standards -
Residential Districts) of Section 17.06.040 (Development Standards) of Chapter 17.06
(Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as
follows, with all other portions of the table remaining unchanged:
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' Table 17.06.040
Development Standards — Residential Districts
Residential Development Standards "HR -SM
Lot Area
Minimum net lot area (square feet) ...
Minimum net lot area (acres) . • • 10
Dwelling Units per net acre ...
Lot Dimensions
Minimum lot frontage at front property line (feet) . . . 50
Minimum lot frontage for a flag lot at the front property line . . . 40
(feet)
Minimum width at required front setback area (feet) . . . 100
Minimum average width (feet) . . . 100
Minimum lot depth (feet) . . . 150
Setbacks
Minimum front yard (feet) . . . 40
' Minimum corner side yard (feet) ... 40
Minimum interior side yard (feet) 25
Minimum rear yard (feet) . . . 25
Other Requirements
Maximum height (feet) ... Subject to
Section
17.06.080
Maximum percent of lot coverage ... Subject to
Section
17.06.080
Open space required ... Subject to
Section
17.06.080
Private open space /per unit ... Subject to
Section
17.06.080"
Section 7. A new Section 17.06.080 (Hillside Development Standards) is
hereby added to Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the
Temecula Municipal Code and Chapter 17.06 to read as follows:
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' "Section 17.06.080 Hillside Development Standards.
A. Purpose and Intent.
This Section is established to achieve the City's objective to facilitate and
permit the orderly development of property within the HR -SM zone in the
Santa Margarita Area Annexation through a set of hillside development
standards aimed a protecting the public health, safety and welfare;
protecting and preserving natural and biological resources for long -term
benefit of the City and the broader community, recognizing the inherent
value in the properties subject to the HR -SM Zone; allowing size, type,
location, density, and intensity of development based on available
infrastructure; the geographic steepness of terrain, presence of unique
geographic conditions and constraints; and presence of environmentally
sensitive areas; and optimizing the use of sensitive site design, grading,
landscape architecture, and architecture, all to achieve the City's
objectives. Specific regulations and standards address the following City
objectives:
1. To protect the value of the community and the subject property of
ridgelines, prominent landforms, rock outcroppings, open space
areas, hydrologic features, wildlife communities, unique and
' sensitive habitat and vegetation communities, and other natural,
biological, archaeological /historical, and scenic resources.
2. To preserve the visual and aesthetic quality of hillsides as viewed
from the surrounding community.
3. To promote and encourage a variety of high quality, alternative
architectural and energy efficient development designs and
concepts appropriate for hillside areas.
4. To preserve the public health, safety, and welfare and specifically
protect the public and property from hazards such as seismic,
geologic, and fire.
B. Applicability and Permit Required.
This Section applies to all properties within the Santa Margarita Area
Annexation that are located within the HR -SM Zoning District.
In addition to any other permit or approval required by this Code, any
person proposing to subdivide, grade, erect, or construct into, over, or on
top of property within the HR -SM Zoning Districts shall first obtain a land
use entitlement through the approval of a Hillside Development Permit
pursuant to Section 17.04.060 to ensure compliance with this Section.
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C. Definitions.
' The following terms shall have the following meanings for purposes of this
Section:
1. Accessory Facilities: Buildings, structures, roads, driveways, walls
or fences incidental to permitted, or conditionally permitted, use.
2. Disturb: Alter the natural surface of the land or the natural
vegetation by any means, including, but not limited to, grading,
clearing, brushing, grubbing, or landscaping.
3. Graded Slope: All the faces of a graded slope, from the toe of the
slope to the top of the slope, whether the faces are covered by
natural vegetation, riprap, retaining walls or other material.
4. Hill: A well- defined natural elevation that extends above
surrounding terrain.
5. Hillside: The side or slope of a hill.
6. Hillside Development Permit: An entitlement based upon an
application which includes all required submittal documents that
' comprehensively evaluated to determine its impacts on neighboring
property and the community as a whole, from the standpoint of the
site, landscape design, architecture, materials, colors, lighting,
signs, in accordance with the applicable development standards for
the zone, as well as the Hillside Development Standards.
7. Hillside Development Standards: The Hillside Development
Standards approved by the City Council of the City of Temecula as
now exist and as may from time to time be amended.
8. MSHCP. The Western Riverside County Multi- Species Habitat
Conservation Plan as adopted by the City Council of the City of
Temecula on December 16, 2003.
9. Peak: The summit of a hill.
10. Restoration: The process of repairing a disturbed site to replicate
its natural condition.
11. Ridgeline: A line connecting the highest elevation points of a ridge,
running center and parallel to the long axis of the ridge.
' 12. Site: The parcel on which development is proposed.
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13. Slope Analysis: An analysis prepared by a California licensed land
' surveyor or civil engineer based on a topographic map with contour
intervals not exceeding 10 feet.
D. Exemptions from Hillside Development Permit.
1. The following are exempt from the provisions of this Section:
(a) Any development proposal calling for the construction of a
structure in a ridgeline area having received approval,
pursuant to the adopted regulations in effect at the time of
approval, prior to enactment of the Ordinance shall be
exempt; however, the requirements of the Ordinance shall
be applied if an extension of time is requested.
(b) Open space projects and regional or community trails on
City of Temecula owned property.
(c) City or other governmental projects that receive approval by
the City Council of the City of Temecula.
E. Environmental Assessment Required.
' A Hillside Development Permit processed under this Section shall be a
"project' for purposes of the California Environmental Quality Act.
F. Application Requirements.
In addition to the application requirements of Section 17.03.030 of the
Development Code, all of the following shall be submitted with a Hillside
Development Permit application in the HR -SM Zoning District.
1. A site plan drawn to scale by a California licensed land surveyor or
registered civil engineer, showing the location of all existing peaks,
ridge lines, hills, hillsides and other significant landforms including
rock outcroppings, all areas within two hundred (200) feet of a peak
or ridge line, the location of all existing watercourses, the location of
all existing vegetation including oak trees and the type and quantity
thereof, the location of all existing and proposed agricultural areas,
the location of all existing and proposed dwellings and the location
of all existing and proposed accessory facilities.
2. A grading plan, including a blasting permit, if necessary, subject to
the requirements of Title 18 of the Temecula Municipal Code
' 3. A topographic map of the site, drawn to scale by a California
licensed land surveyor or civil engineer, showing all the items
referenced in paragraph 1 above. The scale on the topographic
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map shall be no smaller than one (1) inch equals two hundred (200)
' feet with contour intervals not exceeding ten (10) feet.
4. A slope analysis of the site showing the following slope categories:
0 -15% grade, 16 -20% grade, 21 -25% grade and over 25% grade
prepared by a Licensed Land Surveyor or a Registered Engineer.
5. Underground utility plan.
6. A biological report for the site addressing the topics enumerated in
Section (conservation required) of this ordinance.
7. A Cultural Resources Assessment prepared by a qualified by
archaeologist.
8. Photographs of the portion(s) of the site that would be disturbed
taken from each corner of the site and from all vantage points
deemed appropriate by the Director of Planning.
9. A proposed land disturbance plan showing and describing the
portion(s) of the site that would be disturbed, and the nature and
extent of the disturbance.
' 10. A proposed erosion and sedimentation control plan showing and
describing interim and ultimate erosion and sedimentation control
measures.
11. A proposed landscape and habitat restoration plan, including a
restoration time schedule, showing and describing how the site
would be landscaped and repaired and how the natural conditions
of the site would be replicated. A qualified biologist shall prepare
the habitat restoration plan.
12. A proposed architectural plan showing how primary and accessory
structures would be constructed.
13. A proposed exterior lighting plan showing how primary and
accessory structures, and landscaping would be illuminated.
14. A line of sight analysis, visual analysis, geologic study or any other
requirement deemed appropriate by the Planning Director.
15. A fuel modification plan consistent with the General Guidelines for
Creating Defensible Space adopted by the State Board of Forestry
and Fire Protection, February 8, 2006.
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' G. Development Standards.
The following development standards shall apply in the Hillside
Residential -Santa Margarita (HR -SM) Zone whenever a Hillside
Development Permit is required by this Section:
1. Height
(a) No dwelling, building or structure shall have more than two
(2) stories.
(b) On a level building pad, the maximum height of a dwelling,
building or structure shall be thirty (30) feet measured from
the foundation.
(c) On a terraced building pad, the maximum height of a
dwelling, building or structure shall be forty (40) feet
measured from the lowest finished floor level, excluding any
basement areas.
2. Lot Area
(a) The minimum lot size shall be ten (10) acres in the HR -SM
' zone.
(b) Development in accordance with this Section may occur on
a lot smaller than ten (10) acres in the HR -SM zone if the lot
was legally created or previously existed on the effective
date of this Ordinance, but no further subdivision of such a
lot shall be allowed.
3. Land Disturbance
Land disturbance shall conform in all respects with the land
disturbance plan approved by the Director of Planning. A land
disturbance plan shall, at a minimum, meet the following
requirements, but meeting these requirements does not guarantee
approval of the plan.
(a) Areas situated within two hundred (200) feet of a peak or
ridgeline shall not be disturbed.
(b) Natural slopes having a twenty -five (25) percent or greater
grade shall not be disturbed.
' (c) The horizontal distance between a natural or graded slope
and a roof, or portion thereof, shall not be less than twenty
(20) feet.
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(d) The vertical distance of a graded slope shall not exceed
' fifteen (15) feet from the toe of the slope to the top of the
graded slope, unless a five (5) foot bench is placed between
two (2) graded slopes and the bench is planted with
vegetation similar to that growing on the portion(s) of the site
that have not been disturbed.
(e) The maximum height of a graded slope, including required
benching, shall not exceed thirty (30) feet.
(f) The use of blasting for road construction or pad grading shall
be strongly discouraged and alternate construction
techniques shall be used if feasible. Site disturbance and
grading shall be kept to a minimum.
(g) Land disturbance shall not exceed the following limitations:
Land Disturbance Limitations Table HR -SM Zoning District
Parcel /Lot Size Maximum Area That May Be Disturbed
10 net acres or greater 40,000 square feet
Less than 10 acres 10% of the lot area
' (h) Land disturbance shall conform in all respects with the
erosion and sedimentation control plan approved by the
Director of Planning or Public Works.
4. Landscaping and Restoration
Landscaping and restoration shall conform in all respects with the
landscaping and restoration plan approved by the Director of
Planning. A landscaping and restoration plan shall be
accompanied by a cash deposit equal to the cost of the re-
vegetating all disturbed areas. The restoration plan shall be
prepared by a biologist with expertise in habitat restoration. The
Director of Planning shall retain this deposit until he /she is satisfied
that re- vegetation has been successful, but in no event shall the
Director of Planning retain the deposit for more than five (5) years.
Within the five (5) year period, the Director shall have the authority
to use the deposit to complete the required re- vegetation.
5. Architecture
Dwellings and accessory facilities shall conform in all respects with
' the architectural plan approved by the Planning Commission.
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6. Exterior Lighting
' Exterior lighting shall conform in all respects with the exterior
lighting plan approved by the Director of Planning. An exterior
lighting plan shall, at a minimum, meet the following requirements,
but meeting these requirements does not guarantee approval of the
plan:
(a) Lights shall not be located on the portion(s) of the site that
have not been disturbed.
(b) Lights shall not be located closer than ten (10) feet from any
property line.
(c) Lights shall be fully shielded and directed away from areas
deemed inappropriate by the Director of Planning.
(d) Walls and other architectural elements shall not be lighted
for decorative purposes.
(e) Tennis and other sport courts shall not be lighted for any
purposes.
(f) The maximum lighting intensity of the site shall not exceed
' 250 lumens when measured at any property line.
y
7. Energ Efficient Standards
Energy efficient standards shall be incorporated during the
construction and operational phase of any structure permitted
under this Section.
(a) Construction of any structure for human habitation permitted
under a Hillside Development Plan shall be required to
exceed Title 24 standards by a minimum of 10 percent.
(b) All structures for human habitation shall incorporate sealed
duct systems.
(c) All structures for shall incorporate fluorescent lighting where
practical.
(d) "Energy Star" appliances shall be installed in all structures
where applicable.
(e) All structures for human habitation shall incorporate high -
albedo roofing.
' (f) All structures for human habitation shall incorporate dual
pained glass windows
(g) All residential structures shall incorporate at least two of the
' following features to obtain a final building inspection.
(1) Spectrally selective or Low -E glass on all windows
and doors.
(2) Enhanced insulation which exceeds Title 24
standards by at least 15 percent.
(3) A landscape design that utilizes trees or other
vegetation to shade the structures sidewalks, patios,
and driveways.
(4) Solar water heaters.
(5) Photovoltaic systems to supply at a minimum 80% of
the normal power needs of the structures proposed
and existing based on an annual average.
8. Green Building
All residential structures will be required to incorporate one of the
following features in order to obtain a final building inspection.
(a) Engineered and certified wood, which is harvested in a
sustainable manner.
(b) Tankless water heaters.
(c) Cellulose attic insulation made from recycled materials.
(d) Floor coverings made from recycled or sustainable
materials.
9. Environmental Protection
Projects within the HR -SM zoning district shall comply with all
applicable mitigation measures adopted in conjunction with the pre -
zoning and annexation of the property to the City.
H. Hillside Design Standards.
In deciding whether to approve a Hillside Development Permit as required
by this article and any subordinate land disturbance plan, erosion and
sedimentation control plan, landscaping and restoration plan, architectural
plan or exterior lighting plan, the Director of Planning shall certify that the
plan complies with this Ordinance and the Hillside Design Standards.
' Applicants are strongly advised to consider the Hillside Design Standards
in formulating the above - referenced plans.
RJOrds 2010 /Ords 10 -05 17
I. Relief from Development Standards.
Notwithstanding the specific requirements set forth in this Section
17.06.080 above, relief from the development standards may be granted
concurrently with the processing of a Hillside Development Permit in
accordance with the following procedure:
1. An applicant may file an application for relief from certain
development standards with the Planning Department. The
application shall be filed on forms and submitted with information as
required by the Department.
2. Applications for an relief from development standards shall be
submitted to the Planning Department and shall be accompanied
by the submittal requirements of Sections F and G of this
Ordinance, and the following:
(a) Fees in accordance with the most recently adopted fee
schedule.
(b) In certain cases, the Directors of Planning, Building and
Safety, or Public Works may require the project applicant to
provide additional studies, including but not limited to,
' geological studies and or a visual analysis of the project
design either through a project simulation using computer
aided three - dimensional modeling coordinated with
photography showing before and after conditions or a scaled
three - dimensional model showing before and after
conditions.
3. The Planning Commission may approve relief from the
requirements of Section (G of this Chapter) if:
(a) The applicant demonstrates that the proposed alternative
complies with and, furthers the intent of this ordinance.
(b) The applicant demonstrates that the proposed alternative
provides a design solution that is equivalent to or better than
the standards prescribed in this ordinance for quality,
effectiveness, durability, and safety.
4. The relief from development standards shall be heard at a public
hearing of the Planning Commission.
J. Conservation Required.
Any project for which a Hillside Development Permit is required by this
Section shall be designed to protect wildlife habitat areas, biological
R: /Ords 2010 /Ords 10 -05 18
corridors, native plants and plant communities, and where practicable,
support interconnected, contiguous, and integrated open space systems
within an area, particularly when located contiguous to open space
preserve areas. A Hillside Development Permit shall be in compliance
with the MSHCP.
K. Hillside Cluster Development Option.
1. The purpose of the hillside cluster development option is to provide:
(a) Site planning and unity of design in harmony with the natural
features and constraints of specific sites, and particularly on
sites possessing unique or severe topographic or hydrologic
features and biological resources;
(b) Protection of natural, historic and man -made elements of
scenic, environmental or cultural significance;
(c) Design innovation;
(d) Flexibility of siting of structures and roadways;
(e) More cost effective development due to decreased grading
' and more efficient servicing of the development with utilities,
roads and other essential services;
(f) Additional open space for private or community purposes;
(g) A preferred planning tool for the development of land within
the HR -SM zone.
2. Definitions
Cluster Open Space: Open space, either natural or functional,
provided to compensate for lot size reductions from minimum lot
size area requirements in the applicable zone.
Public Open Space: Open space owned by a public agency, such
as the City of Temecula, or the Western Riverside County Regional
Conservation Authority and maintained for scientific and biological
values or in furtherance of the goals of the Western Riverside
County Multi Species Habitat Conservation Plan.
Scope: The cluster development option is permitted in the HR -SM
Zoning District.
RJOrds 201 Words 10 -05 19
3. Planned Development Overlay Required
' Proposed cluster developments must be processed pursuant to the
requirements of the Planned Development Overlay District as set
forth in Section 17.22 of the Development Code.
4. Development Standards
(a) Minimum Site Area: None in the HR Zoning District.
(b) Overall Density: Greater than 10 acres per dwelling unit in
the HR Zoning District.
(c) Minimum Lot Area Per Dwelling Unit: No minimum lot size,
as may be approved by the Hillside Development Plan.
(d) Minimum Set Back Requirements: As may be approved by
the Hillside Development Plan.
(e) Minimum Distance Between Buildings: As may be approved
by the Hillside Development Plan.
(f) Utilities: Utilities shall be located within the development
' portion of the site wherever possible to reduce the future
impact of maintenance and repair activities on cluster open
space.
(g) Excess cut and fill material shall be disposed of in
accordance with the Title 18 of the Temecula Municipal
Code.
(h) Roads: All streets and highways must have horizontal and
vertical alignments consistent with an approved design
speed, and roadway geometrics consistent with an approved
design vehicle, as specified in (the City of Temecula road
design manual).
(i) Landscaping: In accordance with subsection GA of this
Section and section 17.32 of the Temecula Municipal Code.
Q) Exterior Lighting: Any exterior lighting shall conform to
subsection G.6 of this Section.
(k) Environmental Protection: Cluster developments within the
HR -SM district shall comply with all applicable mitigation
measures adopted in conjunction with the pre- zoning
annexation of the property to the City.
R: /Ords 2010 /Ords 10 -05 20
5. Open Space Requirements
(a) Cluster Open Space Requirements: Cluster open space
shall be designed to save as much as the natural open
space feasible, but in no case shall the open space be less
than 90 percent of the gross site area.
(b) Cluster open space ownership and control shall be only:
(1) As part of and individual, private lot with recorded
open space covenants running with the land;
(2) By the City of Temecula, as legally dedicated to and
approved by the City Council;
(3) By the Western Riverside County Resource
Conservation Authority;
(4) By a qualified nonprofit conservation organization as
deemed acceptable by the City.
(c) Cluster open space shall not include public or private streets,
driveways, parking areas, channelized drainage ways, and
' disturbed, unvegetated areas."
Section 8. A new subsection D is hereby added to Section 17.14.020 of
Chapter 17.14 (Open Space /Recreation /Conservation Zoning Districts) of Title 17
(Zoning) of the Temecula Municipal Code to read as follows, with all other portions of
Section 17.14.020 remaining unchanged:
"D. Conservation -Santa Margarita District (OS- C -SM). The conservation
zoning district is intended for those lands within the Santa Margarita Area
Annexation boundaries that are in public or quasi - public ownership for
open space purposes that should remain in a natural state as much as
feasible without intrusions from active uses. Improvements may be made
to these areas to allow for safe limited public access or for control of
erosion, geologic stability, or other public safety or utility purposes. The
construction of buildings or other structures is not permitted except for
flood control structures or public utility facilities, which may be permitted
with the approval of a conditional use permit."
Section 9. A new column entitled "OS -C -SM" immediately following the
column entitled "OS -C" is hereby added to Table 17.14.030 (Schedule of Permitted
Uses -Open Space) of Section 17.14.030 (Use Regulations) of Chapter 17.14 (Open
Space /Recreation /Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula
' Municipal Code to read as follows, with all other portions of the table remaining
unchanged:
R: /Ords 2010 /Ords 10 -05 21
17.14.030 USE REGULATIONS.
The primary uses permitted in the open space zoning districts is indicated in
Table 17.14.030.
Table 17.14.030
Schedule of Permitted Uses — Open Space
Schedule of Uses ... "OS -C -SM
Agricultural uses ... -
Athletic field ... -
Bicycle paths ... -
Campground ... -
Caretakers quarters ... -
Cemeteries, mausoleums and related uses ... -
Flood control structures ... C
Game courts, badminton, tennis, racquetball ... -
Golf driving range not part of a golf course ... -
Golf course and clubhouse ... -
' Golf course resort (including accessory visitor supporting ... -
accommodations and commercial uses such as hotels,
fractional ownership units, day spa, restaurants, and
conference center.)
Government and public utility facilities ... C
Gymnasium ...
Communications and microwave installations' -
Nature centers /exhibits ... -
Nurseries ... -
Outdoor exhibits ... -
Picnic group facilities ... -
Private parks and recreation facilities ... -
Parking areas ... -
Public parks and recreation facilities ... -
Recreational vehicle park ... -
Riding stable, public or private ... -
Shooting galleries, ranges, archery courses ... -
Single- family dwellings (1 unit per 40 acres) ... -
' Tree farms ...
Note: All development subject to the standards set forth in Section 17.06.080.
RJOrds 2010 /Ords 10 -05 22
Section 10. A new column entitled "OS -C -SM" immediately following the
' column entitled "OS -C" is hereby added to Section 17.14.040 (Development Standards)
of Chapter 17.14 (Open Space /Recreation /Conservation Zoning Districts) of Title 17
(Zoning) of the Temecula Municipal Code to read as follows, with all other portions of
the table remaining unchanged:
17.14.040 DEVELOPMENT STANDARDS.
The development standards for the open space zoning districts are as indicated
on Table 17.14.040.
Table 17.14.040
Open Space Development Standards — Open Space
Development Standards ... "OS -C -SM
Minimum lot size . . .
Maximum lot coverage
Maximum height . . . -
Floor area ratio • • • -
Setback from street RNV line • • • -
' Setback from adjoining property lines ... -
Minimum open space 100 %"
Section 11. Severability. If any portion, provision, section, paragraph,
sentence, or word of this Ordinance is rendered or declared to be invalid by any final
court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining portions, provisions, sections, paragraphs, sentences, and
words of this Ordinance shall remain in full force and effect and shall be interpreted by
the court so as to give effect to such remaining portions of the Ordinance.
Section 12. Effective Date. This Ordinance shall take effect thirty (30) days
after its adoption, but will not become effective unless and until the Annexation of the
Santa Margarita Area Annexation, or any territory within it including the Santa Margarita
Area Annexation No. 2, is approved by the Riverside County Local Agency Formation
Commission.
Section 13. The City Clerk shall certify to the adoption of this Ordinance and
cause it to be published in the manner required by law.
1
R: /Ords 2010 10rds 10 -05 23
' PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 9th day of March, 2010.
Jeff Comerchero, Mayor
ATTEST:
f n W J nes, MMC ler
[SEAL]
R: /Ords 201 Words 10 -05 24
' STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 10 -05 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 23 day of February, 2010,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 9 th day of March, 2010, by the following vote:
AYES: 5 COUNCIL MEMBERS: Edwards, Naggar, Roberts, Washington,
Comerchero
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
' Sus W. Jones, MMC
City Clerk
R: /Ords 2010 /Ords 10 -05 25
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