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HomeMy WebLinkAbout06_025 DH Resolution DH RESOLUTION NO. 06-025 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0101, A HOME PRODUCT REVIEW FOR 108 SINGLE FAMILY HOMES WITH FOUR PRODUCT TYPES ON 26.0 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF DEER HOLLOW ROAD, APPROXIMATELY 800 FEET EAST OF PEPPERCORN DRIVE. Section 1. Kim Moring, representing Centex Homes, filed Planning Application No. PA06-01 01, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. Planning Application No. PA06-0101 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. Section 3. The Planning Director, at a regular meeting, considered Planning Application No. PA06-0101 on November 16, 2006, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. Section 4. At the conclusion of the Director Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA06-0101 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA06- 0101 conformed to the City of Temecula General Plan, Development Code, and Redhawk Specific Plan. Section 5. Findinas. The Planning Director, in approving Planning Application No. PA06-0101 hereby makes the following findings as required by Section 17.050.010.F of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for the City of Temecula, and with all applicable requirements of State law and other ordinances of the city. The proposed single-family homes are permitted in the Low-Medium Density land use designation standards contained within the Redhawk Specific Plan and in the Citys Development Code. The project is also consistent with the Low-Medium Density land use designation contained within the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type and density of residential development proposed. The project, as conditioned, is also consistent with all other applicable requirements of State law, and local ordinances, including the California Environmental Quality Act (CEQA), and fire and building codes. B. The overall development of the land is designated for the protection of the health, safety and general welfare. The overall design of the single-family homes, including the site, building, parking, circulation, and other associated site improvements, are intended to protect the health and safety of those living and working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable G:\Planning\2006\PA06.0101 Hemmingway Redhawk\Planning\DH RESOLUTION.doc I policies, guidelines, standards and regulations intended to ensure that the development will be structured and function in a manner consistent with the protection of the public, health, safety and general welfare. Section 6. Environmental Comoliance. The proposed project has been determined to be consistent with the previously approved EIR No. 226 and is exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations). Section 7. Conditions. That the City of Temecula Director of Planning hereby approves Planning Application No. PA06-0101, a Home Product Review for 108 single-family homes with four product types located on 26.0 acres, generally located on the north side of Deer Hollow Way, approximately 800 feet east of Peppercorn Drive, as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 8. PASSED, APPROVED AND ADOPTED by the City of Temecula Director this 16th ay of November, 2006. I, Jill Dickey, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 06-025 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 16th day of November, 2006. G:\Planning\2006\PA06-0101 Hemmingway Redhawk\Planning\DH RESOLUTION.doc 2 FINAL CONDITIONS OF APPROVAL G:IPlanning\2006\PA06-0101 Hemmingway RedhawkIPlaaningIDH RESOLUTION.doc 3 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA06-0101 Project Description: Planning Application No. PA06-0101, a Home Product Review for 108 single family homes with four product types on 26.0 acres generally located on the north side of Deer Hollow Way, approximately 800 feet east of Peppercorn Drive. Assessor's Parcel No: Tract 23064 MSHCP Category: DIF Category: TUMF Category: Residential (less than 8.0 DulAc) Residential-Detached Residential- Single Family Approval Date: November 16, 2006 Expiration Date: November 16, 2008 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 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 Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. 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)). G:\Planning\2006\PA06-0101 Hemmlngway Redhawl<\PlanninglFlNAL COA'..doc 1 GENERAL REQUIREMENTS G:IPlanning\2006\PA06.0101 Hemmingway RedhawkIPlanninglFlNAL COA's.doc 2 Planning Department 2. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 3. 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. 4. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 5. 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. 6. The Director of Planning may, upon an application being filed within thirty days prior to expiration, and for good cause, grant a time extension of up to three 1-year extensions of time, one year at a time. 7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 8. 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 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 condition 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. 9. The colors and materials for this project shall substantially conform to the approved colors and materials contained on file with the Planning Department, or as amended herein. Any deviation from the approved colors and materials shall require approval of the Director of Planning. 10. laAessapiAg iRstallea fer tf:le pFsjest BRall Be sSAtiAYSblSly maiRtaiAaet te tRe FsassAatlle satislaatiaA at tRs PlaFlAjAg DirsstsF. If it is ElstsFmiAos that tt.1e laFl(~ssal3iAg is Ast l:3eiRg FFlaiRtaiAeel, tRB Plar:n~iR€I Direatar BRall t:la'J8 tRe a~tl:IeFity Ie reE)l:Jire tl:le I3rel3srty S!.AJRSr te ~riR€J tf:le laFlElsSal3iRg iRte seRfsFmaFlse ':Jitl=l tRe aI3I3Fe'.;eEllaRElssapa I3laA. TAB sSRtiRl::Jeel G:IPlanning\2006\PA06-0101 Hemmlngway RedhawkIPlanninglFINAL COA's.doc 3 maiAteABASB at all laAeJssaflsd aFaas GRail Be tAe r8GfleAE:ibili~' at the devoloper ar aAY SI,jGGeSSeFS iR iFlteFest. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director 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. The applicant shall submit to the planning department revised exhibits for the HOA maintained landscape areas and privately maintained landscape areas showing lots 35-41 from the toe of the slope to the top of the slope as being maintained in their entirety by the HOA, and showing lots 62-72 being HOA maintained from the tract boundary to the western edge of the V-Ditch, and everything from the V-Ditch to the toe of the slope as being homeowner maintained. (Amended at Director's Hearing 11/1612006). 11. The applicant shall submit to the Planning Department for permanent filing two 8" X 10" sized 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. G:IPlanning\2006\PAOe-0101 Hemmingway RedhawkIPlanninglFlNAL COA's.doc 4 \ PRIOR TO ISSUANCE OF GRADING PERMITS G:IPlanning\2006\PA06-0101 Hemmingway RedhawkIPlanninglFlNAL COA's.doc 5 Planning Department 12. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. 13. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeologicaVcultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeologicaVcultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." G:IPlanning\2006\PAOS-0101 Hemmingway RedhawkIPlanninglFlNAL COA's.doc S PRIOR TO ISSUANCE OF BUILDING PERMIT G:lPlanning\2006\PA06-o101 Hemmingway RedhawklPlanninglFlNAL COA's.doc 7 Planning Department 14. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. 15. Prior to construction of the Model Home Complex, the applicant shall apply for a Model Home Complex Permit. 16. Separate building permits shall be required for all signage. 17. The wall and fence plans shall be submitted for review and approval by the Planning Director prior to the issuance of building permits. 18. Landscape plans for front yards, slopes and common lots, to include a plan for perimeter or "community" walls/fences, shall be submitted for review and approval by the Planning Director prior to the issuance of building permits for the project. 19. The size and spacing of all ground covers shall be provided as approved by the Director of Planning. 20. A rain sensor shall be provided for all HOA irrigation systems. 21. Three copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. Provide a minimum five foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are notto infringe on this area. c. Provide an agronomic soils report with the construction landscape plans. d. One copy of the approved grading plan. e. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). f. Total cost estimate of plantings and irrigation (in accordance with approved plan). g. The locations of all existing trees that will be saved consistent with the tentative map. h. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. i. Specifications shall indicate that a minimum of two landscape site inspections will be required. One inspection to verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two (2) hours without loss of G:IPlanning\2006\PA06-0101 Hemmingway RedhawkIPlannlnglFlNAL COA's.doc 8 pressure. The second inspection will verify that all irrigation systems have head-to- head coverage, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The applicanVowner shall contact the Planning Department to schedule inspections. j. Automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property for: I. Front yards and slopes within individual lots prior to issuance of building permits for any lot(s). II. Private common areas prior to issuance of the first building permit. III. All landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping which shall include, but may not be limited to private slopes and common areas. IV. Shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger. V. Specifications shall indicate that a minimum of two landscape site inspections will be required. One inspection to verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two (2) hours without loss of pressure. The second inspection will verify that all irrigation systems have head-to-head coverage, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The applicanVowner shall contact the Planning Department to schedule inspections. k. Hardscaping for the following: I. Pedestrian trails within private common areas I. Wall and Fence Plans consistent with the Conceptual Landscape Plans showing the height, location and the following materials for all walls and fences: I. Decorative block for the perimeter of the project adjacent to a Public Right- of-Way equal to 66 feet or larger and the side yards for corner lots. II. Wrought iron or decorative block and wrought iron combination to take advantage of views for side and rear yards. III. The exterior facing retaining walls proposed on the south side of lot 30 and the exterior facing retaining wall proposed on the north side of lot 56 shall consist of slump stone blockwall with white sack finish. (Condition added at Director's Hearing on 11/16/2006.) IV. Wood fencing shall be used for all side and rear yard fencing when not restricted by 1 and 2 above. m. Precise Grading Plans consistent with the approved rough grading plans including all structural setback measurements. 22. Roof-mounted mechanical equipment shall not be permitted within the subdivision; however solar equipment or any other energy saving devices shall be permitted with Director of Planning approval. G:IPlanning12006IPA06-0101 Hemmlngway RedhawklPlanninglFlNAL COA's.doc 9 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:lPlanning\2006IPA06-0101 Hemmingway RedhawklPlanninglFlNAL COA's.doc 10 Planning Department 23. 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 Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 24. Front yard and slope landscaping within individual lots shall be completed for inspection. 25. Private common area landscaping shall be completed for inspection prior to issuance of the first occupancy permit. 26. HOA laA8ssapiRg e~alll3e s8mpletes fer iAs~estjeR f3rier te iS6b18ASe 9f bt.JileJiRg p6FFRits fer these lets aeljaeeRt te HO/\ laAElsoapeEl area. HOA landscape areas shall be completed for inspection prior to the issuance of occupancy permits for those lots adjacent to HOA landscaped area. (Amended at Director's Hearing on 11/16/2006). 27. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name G:IPlanning\2006\PA06-0101 Hemmingway RedhawkIPlannlnglFlNAL COA's.doc 11