HomeMy WebLinkAbout020707 PC Agenda
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AGENDA
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
February 7,2007 - 6:00 P.M.
********
Next in Order:
Resolution No. 07-05
CALL TO ORDER
Flag Salute:
Chairman Chiniaeff
RollCall:
Carey, Chiniaeff, Guerriero, Harter, and Telesio
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Commission on
items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you
desire to speak to the Commission about an item not on the Agenda, a salmon colored
"Request to Speak" form should be filled out and filed with the Commission Secretary.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the Commission
Secretary prior to the Commission addressing that item. There is a three (3) minute time limit
for individual speakers.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the Planning Commission request specific items be removed from the Consent
Calendar for separate action.
1 Minutes
RECOMMENDATION:
1.1 Approve the Minutes of January 9, 2007
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2 Director's Hearino Case Uodate
RECOMMENDATION:
2.1 Receive and File Director's Hearing Update for December
COMMISSION BUSINESS
PUBLIC HEARING ITEMS,
Any person may submit written comments to the Planning Commission before a public
hearing or may appear and be heard in support of or in opposition to the approval of the
project(s) at the time of hearing. If you challenge any of the projects in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or
in written correspondences delivered to the Commission Secretary at, or prior to, the
public hearing.
Any person dissatisfied with any decision of the Planning Commission may file an
appeal of the Commission's decision. Said appeal must be filed within 15 calendar days
after service of written notice of the decision, must be filed on the appropriate Planning
Department application and must be accompanied by the appropriate filing fee.
Continued from January 3, 2007
3 Plannino Aoolication Nos PA06-0060 and PA06-0098. a Tentative Parcel Mao (34715) and
Develooment Plan. submitted bv Artisan Communities. for a multi-familv residential oroiect
to construct 97 condominium units on 8.9 aross acres. located within Plannino Area 13 of
the Redhawk Specific Plan at the southeast corner of Peach Tree Street and Deer Hollow
Wav. Dana Schuma. Associate Planner.
New Items
4 Plan nino Aoolication No. PA07-0024. a review of oroopsed Non-Smokino Ordinances and
recommend an action to the City Council. Emerv Paoo. Senior Planner.
5 Plannina Aoolication No PA06-0217. A Minor Modification. submitted bv Ken Miskam for
Marie Callender's Restaurant. for the chanpe of exterior paint colors on an existina buildina.
located at 29363 Rancho California Road. Katie Le Comte. Assistant Planner.
COMMISSIONERS' REPORTS
PLANNING DIRECTOR'S REPORT
ADJOURNMENT
Next regular meeting: Wednesday, February 21, 2007, 6:00 p.m., Council Chambers, 43200
Business Park Drive, Temecula, California.
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Z
ITEM #1
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
JANUARY 3, 2007
CALL TO ORDER,
The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on
Wednesday, January 3, 2007, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
~LLEGIANCE
Commissioner Harter led the audience in the Flag salute.
ROLL CALL
Present:
Commissioners: Carey, Telesio, Harter, Chiniaeff and Chairman Guerriero.
Absent:
None.
PUBLIC COMMENTS
No additional comments.
CONSENT CALENDAR
1 Minutes
RECOMMENDA TJON:
1.1 Approve the Minutes of December 20, 2006.
MOTION: Commissioner Chiniaeff moved to approve the Consent Calendar. Commissioner
Carey seconded the motion and voice vote reflected unanimous approval.
COMMISSION BUSINESS
2 Elect new Chair and Vice Chair.
MOTION: Commissioner Telesio moved to elect Commissioner Chiniaeff as Chairman for
calendar year 2007. Chairman Guerriero seconded the motion and voice vote reflected
unanimous approval.
MOTION: Commissioner Chiniaeff moved to elect Commissioner Telesio as Vice Chair for
calendar year 2007. Commissioner Harter seconded the motion and voice vote reflected
unanimous approval.
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PUBLIC HEARING ITEMS
New Items
3 Plannina Apqlication No. PA05-0387. a Tentative Tract MaD (30768). submitted bv Ashbv
USA. to subdivide 22.3 aross acres into 123 lots 1122sinale-Iamilv residential lots and one
ooen sl?ace) within Plannina Areas 23 and 24 01 the RoriDauah Soecific Plan. located on the
north side of South Looo Road east 01 the intersection of South Looo Road and Butterfield
Staae Road
Associate Planner Kitzerow provided the Planning Commission with a PowerPoint Presentation,
highlighting on the following:
o Project Description
o Land Use
o Environmental Determination.
Due to new filing fees imposed by the County for Fish and Game, staff would request a change
to Condition of Approval No.1, which would impose a new filing fee of $1800 for Fish and Game
and $50 for the County filing fee; and staff requested the addition of Condition of Approval No.
65a which would require wall plans for the South Loop Road area (where cul-de-sacs end
adjacent to South Loop Road) to incorporate view fencing or wall breaks at each of the cul-de-
sacs where feasible.
In response to Commissioner Guerriero's query regarding off-site improvements, Associate
Planner Kitzerow advised that as part of the Development Agreement and Conditions of
Approval, the Specific Plan would list all on-and off-site improvements that would be required by
the applicant prior to issuance of building permits.
Further clarifying for the Planning Commission, Director of Public Works Hughes advised of the
following:
o That there would be a Condition of Approval that would impose that the proposed project
must meet all Development Agreement conditions which would include all on-and off-site
improvements
o That by approving the Tentative Map at this time, the Planning Commission would not be
providing any relief or ability for the developer to move any further than what was
previously anticipated with the original Development Agreement
o That No building permits would be issued until all off-site improvements are funded and
in the control of the City
o That because the Tentative and Final Maps would be the source that would pay the
bond debt, it would be to the City's benefit to ensure that the Tentative and Final Maps
continue to be processed; advising that if the City were to not approve the Tentative and
Final Maps, the City would be hindering the ability to asses the lots into individual
ownership and payoff bonds
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o That by approving the Tentative Map the developer would be in a position to complete
the Conditions of Approval and asses Final Maps; but that the developer would not be
allowed to pull building permits in the pan area until infrastructure would be complete as
identified in the Development Agreement; and that by approving the Tentative Map No
new homes would be built until infrastructure would be in place.
Director of Public Works Hughes also noted that before issuance of building permits, the
developer would be required to have the following completed:
o Murrieta Hot Springs Road
o Butterfield Stage Road within its complete Specific Plan area
o A second access to the south of Rancho California Road (two lanes up to a certain
threshold and four lanes down to Rancho California Road on Butterfield Stage Road)
o Nicolas Road within its project boundaries
o Intersection improvements at Nicolas Road and Winchester Road.
Referencing Environmental issues, Director of Public Works Hughes stated that the findings
would result in no additional environmental impacts beyond what was originally anticipated with
the proposed project.
For Commissioner Chiniaeff, Director of Public Works Hughes stated that the City has entered
into an agreement with the developer and the developer would be allowed to continue with the
development plans in exchange for the guarantee that infrastructure would be completed before
issuance of building permits.
At this time, the public hearing was opened.
Via overheads, Mr. Peter Olah, representing Ashby USA, offered the following comments:
o That Butterfield Stage Road would be completely graded within the tract boundary
o That two bridges have been constructed and back-filled
o That sewer, water, and storm drain would be installed as well as in between two bridges
within the tract boundary
o That water would be installed from Walcott Road to Calle Chapas
o That Murrieta Hot Springs Road would be completely paved with base paving from
pourroy Road to Butterfield Stage Road
o That underground and street lights would be complete
o That a bridge within the tract boundary would be complete
o That the whole site would be mass-graded to pad grade
o That foundation and slab for the Mega Center would be complete
o That foundation has been poured for two buildings in the 20-acre sports park
o That the 5.1 acre neighborhood park would be 90% complete
o That grading for the south tract boundary to Rancho California Road will be going to bid
within in the near future
o That the pan-handle portion of the project would be blue topped with most of its
infrastructure complete
o That approval of the map would not result in an issuance of a building permit until the
twD lane road from the south boundary would be complete
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o That the applicant would be in agreement with the imposed Conditions of Approval as
well as the change to Fish and Game Fees.
Ms. Jo Subik, Temecu/a, expressed concern with the addition of traffic that the proposed project
would create and requested a four-way stop sign installed on Nicolas and Liefer Roads; and that
the post office boxes on Nicolas Road be relocated.
At this time, the public hearing was closed.
COMMISSION DISCUSSION
Referencing Nicolas Road, Director of Public Works Hughes noted that there would be
substantial improvements to Nicolas Road but would not specifically address a four-way stop
sign; that if there were concerns after the road improvements are completed, concerns could be
addressed at a Public Traffic Safety Commission meeting.
MOTION: Commissioner Guerriero moved to approve staff recommendation subject to staff's
requested changes to the conditions as referenced by staff. Commissioner Harter seconded the
motion and voice vote reflected unanimous aoproval.
PC RESOLUTION NO. 07-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA05-0377, A TENTATIVE TRACT MAP (NO. 30768) TO
SUBDIVIDE 22.34 ACRES INTO 123 LOTS (122 RESIDENTIAL
LOTS AND ONE OPEN SPACE LOT) WITHIN PLANNING
AREAS 23 AND 24 OF THE RORIPAUGH RANCH SPECIFIC
PLAN. THE PROJECT SITE IS GENERALLY LOCATED ALONG
THE NORTH SIDE OF SOUTH LOOP ROAD, APPROXIMATELY
ONE-HALF MILE EAST OF THE INTERSECTION OF SOUTH
LOOP ROAD AND BUTTERFIELD STATE ROAD (APN 964-
180-013)
4 Plannina ADolication No. PA06-0113. a Develooment Plan. submitted bv Matthew Fapan. to
construct a 50.376 souare foot mixed-use restaurant and office buildina on 0.5 acres located
at 42081 3'0 Street
Per PowerPoint Presentation, Senior Planner Fisk provided information on the following:
o General Location
o Site Plan
o Architecture
o Landscaping
o Access and Circulation.
Senior Planner Fisk also noted that it was the opinion of the Old Town Local Review Board that
the Old Town Specific Plan should be amended to allow for fourth floors without the requirement
of City Council approval.
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The following would be recommended changes to the conditions:
o That the Fire Department reduced the number of hydrants to Condition of Approval No.
40
o That Condition of Approval Nos. 42, 47, 76b, and 82b and c would not be applicable to
the proposed project and should be deleted.
Mr. Fisk also advised that a faxed correspondence by the owner of the Stampede was received
and that the correspondence expressed concern with the proposed project not providing
parking; and noted that it was the opinion of the owner of the Stampede, that the parking lot
adjacent to the proposed project was solely for patrons of the Stampede during its operating
hours.
Senior Planner Fisk informed that there would not be a parking requirement for this type of
development in the Tourist Retail Center (TRC) Land Use District.
For the Commission, Assistant City Attorney Lee noted that it would be her opinion that there
have been discussions between the developer and City with regard to the referenced parking
lot, but that she would not be aware of the current status; and advised that it would not have an
affect on this project.
Further clarifying, Director of Public Works Hughes noted that the parking lot in question would
be for public parking and would not be exclusive for the Stampede's own sole use; that the
proposed project would be consistent with the Old Town Specific Plan and would not require
parking; and advised that the City will be building a multi-story parking structure on Mercedes
Street that will support adequate parking in Old Town.
Commissioner Guerriero expressed some concern with the height of the proposed building as it
would relate to the remainder of Old Town, and requested that in the future, staff provide
renderings of three-and four story buildings in Old Town.
In response to Comrnissioner Chiniaeff's query, Senior Planner Fisk noted that currently there
would be three three-story buildings in Old Town.
Assistant City Manager Johnson advised that staff may require that the applicant provide
renderings to show a perspective as to how three-and four-story buildings would relate to other
buildings in Old Town.
For Commissioner Guerriero, Senior Planner Fisk noted that the proposed project would not be
required to provide moderate income housing.
Referencing Channel Street, Director of Public Works Hughes advised that Channel Street
would not be an alley for the City but rather a private driveway that would not be available for
public use; and would be of the opinion that there would not be much traffic traveling down
Channel Street.
Commissioner Telesio expressed concern with the public anticipating there to be parking on
Channel Street and not finding any.
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Providing more information with regard to parking in Old Town, Assistant City Manger Johnson
advised that the proposed project's projected parking was configured into the City's parking
analysis for Old Town.
At this time, the public hearing was opened.
Mr. Walt Allen, representing the applicant, offered the following comments:
o That because the original plan for the project would not meet the intent of the City's
Development Code, the applicant revised its plans for the project resulting in Channel
Street being as presented in staff's report
o That the applicant would be of the opinion that Channel Street will change as the area
develops
o That the applicant would be confident in leaving Channel Street as proposed, ending at
the Temecula Community Services District's planter
o That the applicant would be of the opinion that a parking structure would be built in the
parking-lot which would result in the opening up of Channel Street
o That the difference in square footage between the third floor and fourth floor would be
less than 3,000 square feet.
The following individuals spoke in favor of the proposed project:
o Mr. Chris Baily, Temecula
o Mr. Ed Dool, Temecula
o Mr. Marvin Hayes, Temecula
o Mr. Volker Lutz, Murrieta
o Mr. Ernie Meth, Temecula
o Ms. Patricia Lusin, Murrieta
o Ms. Ginger Hitzke, Temecula
o Mr. Chuck Hargis, Temecula.
The above-mentioned individuals spoke in favor of the proposed project for the following
reasons:
o That more restaurants in Old Town, the more businesses would thrive
o That the merchants and property owners at the north end of Old Town would be in
support of the proposed project
o That the proposed project will enhance Butterfield Square
o That the more patrons in Old Town, the more tax dollars for the City
o That the Temecula Arts Council and Temecula Sunrise Rotary Club would be in full
support of the proposed project
o That Old Town would be in need of more restaurants.
At this time, the public hearing was closed.
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COMMISSION DISCUSSION
Commissioner Guerriero noted that although he may have some concern with the height of the
proposed project, he supported the architecture of the building and stated that it would be a
well- added enhancement to Old Town.
Relaying their appreciation for the architecture, Commissioner Harter and Commissioner Carey
also relayed their full support for the proposed project.
Echoing previously made comments, Chairman Chiniaeff and Commissioner Telesio relayed
their full support, noting that it would be a benefit to the Old Town.
MOTION: Commissioner Guerriero moved to approve staff recommendation subject to the
amended and deleted previously mentioned Conditions of Approval. Commissioner Harter
seconded the motion and voice vote reflected unanimous aooroval.
PC RESOLUTION NO. 07-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA06-0113, A DEVELOPMENT PLAN TO CONSTRUCT A
MIXED-USE FOUR-STORY RESTAURANT AND OFFICE
BUILDING ON 0.5 ACRES LOCATED AT 42081 3RC STREET,
GENERALLY LOCATED ON THE SOUTH SIDE OF 3RC
STREET, APPROXIMATELY 200 FEET WEST OF OLD TOWN
FRONT STREET, KNOWN AS ASSESSOR PARCEL NO. 922-
046-012
5 Plannina Aoolication Nos. PA06-0252 and PA06-0253. a Tentative Tract Mao (34698) and
DeveloQment Plan. submitted bv Lennar Homes. to subdivide three lots totalina 8.6 acres
into 73 lots and a Product Review for 64 detached sinale-familv cluster homes. located in
Tract 34698 at the northwesterlv corner of Date Street and Lakeview Road in the Harveston
.Soecific Plan
Associate Planner Damko provided a PowerPoint Presentation, noting the following:
o Location
o Project Description
o Tract Map
o Architecture Review - Monterey, Italian, and Cottage
o Building Elements/Mass, Height, and Scale
o Materials and Colors
o Product Placement
o Environmental Determination.
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At the request of staff, the following Conditions of Approval should be amended and/or deleted.
o Condition of Approval 30c shall be changed to impose a "wrouaht iron material rather
than a vinyl fencing" (consistent with Prescott and Barrington product fencing on the
other side of the Arroyo Park) to the satisfaction of the Planning Director
o That Condition of Approval Nos. 41 and 42 (Fire conditions), 56d, 56e, 30i, and 30m
(Public Works conditions) would not be applicable and shall be deleted
o That Condition of Approval No. 39 shall be revised to read: Private roads shall be
designed to meet City public road standards or as modified on the Tentative Tract Map
o That Condition of Approval Nos. 40 through 45 shall be revised to read "a through f"
o That the applicant pay the required increased Fish and Game fees.
Commissioner Guerriero expressed concern with the shutters not completely covering the
windows.
Associate Planner Damko relayed that a Condition of Approval may be added requiring that all
shutters completely cover appropriate windows.
Commissioner Telesio relayed that it would be his opinion that all garages should have a
ventilation window installed. It was noted by Associate Planner Damko stated that the City's
Development Code would not require that windows with ventilation be installed on garages.
Responding to Chairman Chiniaeff's comment regarding enhanced rear elevations, Associate
Planner Damko noted that there would be no special rear elevations for Plan 1, and advised that
in addition to the enhanced rears elevations for Plan 3, the existing parkway would be heavily
landscaped to screen the proposed project.
Chairman Chiniaeff suggested that a Condition of Approval be imposed that would require that
the applicant would replace any damaged landscape.
At this time, the public hearing was opened.
Thanking staff for its efforts, Mr. Ryan Combe, representing Lennar Communities, relayed the
following:
o That the applicant would be enthusiastic in moving the project forward
o That the applicant received approval from residents of the eastern boundary
o That the applicant would be in agreement with the Conditions of Approval, with the
exception of Planning Condition of Approval No. 30c, noting that staff's request for a
wrought iron fence versus vinyl fencing in the rear of the side yards would not be
consistent with the City's Specific Plan
o That shutters would not be installed on windows that were placed in rows of three
o That the proposed project would conform to the City's Development Code; advising that
ventilated windows on garages would not be a required condition
o That there would not be any Plan 1 s along the perimeter streets.
For the Planning Commission, Assistant City Manager Johnson noted that he would be in full
support of staff's recommendation of wrought iron fencing.
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Referencing shutters, Commissioner Guerriero noted that although he understands that shutters
cannot be installed on windows of three in a row, shutters may be installed on other remaining
windows.
For the Planning Commission, Assistant City Manager Johnson advised that it would the
Commission's purview to continue the item to allow the applicant an opportunity to develop
renderings that would illustrate more shutters as well as demonstrate vinyl fences versus
wrought iron fences as requested by staff.
Mr. Ernie Gorril, architect for the proposed project, offered the following comments:
o That the City's Building Code would require that ventilation be installed on the bottom of
garages
o That the renderings in staff's report would not be correct advising that there would be
shutters on most of the windows
o That Plan 1 and Plan 2 would front the street and that its rears would not front onto a
public way
o That the applicant would be installing enhancements to all garages that would face a
public way.
Via overheads, Mr. Combe displayed the fencing as per the Specific Plan, noting that the
fencing material throughout Harveston would be vinyl.
Mr. Scott Crosby, Murrieta, spoke in favor of the proposed project but requested heavy
landscaping to all two-story units that would face down onto single-story homes.
At this time, the public hearing was closed.
COMMISSION DISCUSSION
Chairman Chiniaeff requested that staff work with the applicant regarding landscaping and
fencing.
Relaying his support for the proposed project, Commissioner Telesio also requested that the
applicant work with staff regarding landscaping.
Concurring with Commissioner Telesio, Commissioner Harter noted he would also be in support
of the project and requested that staff work with the applicant with regard to the shutters and
wrought iron fencing.
Echoing previously made comments, Commissioner Carey requested that staff work with the
applicant with regard to the shutters and fencing.
Chairman Chiniaeff requested that the applicant be conditioned to upgrade the trees to 24"
boxed trees.
Agreeing with the Commission, Mr. Combe noted that he would be willing to upgrade the boxed
trees to 24" boxes; and that the applicant work with staff regarding landscaping and fencing, as
requested by staff.
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MOTION: Commissioner Carey moved to approve staff recommendation subject to the revised
Conditions of Approval requested by staff; that the applicant work with staff with regard to
landscaping and shutters; and that the boxed trees be upgraded to 24" boxes. Commissioner
Guerriero seconded the motion and voice vote reflected unanimous approval.
PC RESOLUTION NO. 07-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA06-0252, A TENTATIVE TRACT MAP TO SUBDIVIDE
THREE LOTS TOTALlNG8.6 ACRES INTO 73 LOTS FOR 64
SINGLE-FAMILY HOMES ON PROPERTY GENERALLY
LOCATED AT THE NORTH WESTERLY CORNER OF DATE
STREET AND LAKEVIEW ROAD WITHIN THE HARVESTON
SPECIFIC PLAN (APN 916-410-001, 019, AND 033)
At 7:50 p.m., the Planning Commission took a 10-minute break and reconvened the meeting at
8:00 p.m.
Chairman Chiniaeff thanked Ms. Craig for the prelude music.
6 Plannina Apolication No. PA06-0060. a Tentative Parcel Mal? (34715). and Develooment
Plan. submitted bv Artisan Communities. for a multi-familv residential oroiect to construct 97
condominium units on 8.9 moss acres. located within Plannina Area 13 of the Redhawk
Soecific Plan at the southeast corner of Peach Tree Street and Deer Hollow Wav
Associate Planner Schuma provided the Planning Commission with a PowerPoint Presentation,
highlighting on the following:
o Site Plan
o Elevations - Santa Barbara - Monterrey
o Architecture
o Building Elements/Mass, Height, and Scale
o Materials and Colors
o Landscaping Analysis
o Environmental Determination.
Staff requested that the following Conditions of Approval be amended:
o Condition of Approval No. 14 (Development Plan), be revised to read: that the applicant
shall comply with the noise analysis dated September 22, 2006
o That that Condition of Approval No. 69Jiii be deleted from the Development Code
o That Condition of Approval NO.1 (Development Plan and Parcel Map) include the Fish
and Game's new fee of $1850.00
o That the applicant received written correspondence (dated January 2, 2007) regarding
the proposed project (staff's report); and that in response to the letter, staff noted the
following:
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o That the density for the proposed site would be consistent with the General Plan
and Zoning for the site
o That the site would be zoned for medium-to-high density residential development
o That a traffic analysis was performed for the proposed project which determined
that the average daily traffic would be acceptable and that no mitigation would be
required
o That the proposed project would be consistent with the City's zoning
requirements
o That the site would not be zoned for single-family development
o That public notices were sent consistent with all applicable noticing laws.
Further clarifying, Director of Public Works Hughes stated the following:
o That a traffic analysis was taken during the time the Master Plan was performed
o That Peach Tree Street and Deer Hollow Way would meet the General Plan
requirements
o That cars should not be parking on Peach Tree Street
o That he would request that the Police Department patrol Peach Tree Street during peak
hours to ensure enforcement
o That staff would be of the opinion that Peach Tree Street will not experience a high
volume of traffic
o That although the proposed project would not have any specific mitigation, the applicant
would be required to pay Traffic Uniform Mitigation Fees (TUMF) and signal fees.
At this time, the public hearing was opened.
Ms. Pam Pullen, representing Artisan Communities, thanked staff for its diligence with the
proposed project and offered the following comments:
o That the applicant has met with the Homeowners Association on several occasions
o That sub-association for the project will be maintaining fences along the proposed
project
o That the project would provide emergency vehicles access onto Deer Hollow Way.
Mr. Randy Yount, Temecula, representing the Redhawk Homeowners Association, spoke in
favor of the proposed project and requested that the proposed three-foot slump stone wall
(located in the rear portion) be installed as a six-foot wall.
The following-mentioned individuals spoke against the proposed project.
o Mr. Kevin Scott, Temecula
o Mr. Ron Matthews, Temecula
o Mr. Pommion, Temecula
o Mr. Alfonso Franklin, Temecula
o Mr. John Rosingana, Temecula
o Mr. Frank Delgado, Temecula
o Mr. Harry Garnett, Temecula.
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At this time, the public hearing was closed.
The above-mentioned individuals spoke against the project for the following reasons:
o That the proposed project would create a negative impact with regard to traffic
congestion in the Redhawk area
o That another lane on Peach Tree Street should be installed
o That the timeliness of the publiC notice were inadequate
o That residents would request a continuance
o That residents would be concerned with high school students parking in residential areas
o That a current traffic study would be warranted
o That the proposed project would not be consistent with the Redhawk Development
o That the proposed project will lower the value of homes in the Redhawk Community
o That Peach Tree Street would not be capable of handling more traffic
o That the density of 97 units on 8.9 acres would be too high.
Ms. Sara Balder, Temecula, spoke neither for nor against the proposed project, and requested
that the hearing be continued to allow residents an opportunity to evaluate the proposed project
in more detail.
Understanding the concerns of residents, Ms. Pullen advised that a traffic study was prepared
for the proposed project in April, 2006; that the proposed project would be consistent with the
development standards contained in the Redhawk Specific Plan and Development Code; that
as part of the landscape plan, the applicant would be strategically placing trees in residential
areas for screening purposes; that the proposed project would create less building mass than
single-family homes; that the two entrances off Peach Tree Street would be consistent with the
Redhawk Specific Plan; and that the pricing of the proposed project will be determined in
Summer 2007.
At this time, the public hearing was closed.
Further clarifying, Director of Public Works Hughes stated that regardless of what the proposed
project's traffic study determined, it would not result in a project being down zoned; that a traffic
study would identify possible mitigation; that in this case, it did not identify any required
mitigation; that any developed mitigation would only result from the proposed projects impacts,
not any other project; and that the proposed project would be consistent with the City's General
Plan.
Explaining the noticing process, Associate Planner Schuma noted that noticing was adequately
posted as required by law.
With regard to future road improvements, Director of Public Works Hughes offered the following:
o That staff would be hopeful to break ground for the widening of Pechanga Parkway in
Spring 2007
o That the City would be working concurrently with the County of Riverside to study the
Eastern Bypass Corridor for a possible new freeway interchange with 1-15
o That Deer Hollow Way will continue to be developed to the east and County areas
o That there will be many improvements in the south of Temecula in the next 5 to 10
years.
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Referencing Commissioner Guerriero's query regarding rear yard fences, Ms. Pullen advised
that the applicant would be willing to add a full height block tubular steel combination wall along
Deer Hollow Way.
Commissioner Guerriero thanked Ms. Pullen for the addition of a full height wall.
With regard to high school traffic impacts, Commissioner Guerriero relayed that it would be his
opinion that law enforcement should be stepped up in the area; and advised that the proposed
project would not cause property values to depreciate.
Associate Planner Schuma advised that the notices posted by the post office were dated
December 21, 2006.
Understanding concerns of residents, it was the consensus of the Planning Commission to
continue the item to the February 2, 2007, Planning Commission hearing, to allow for the
following:
o That staff work with the applicant to strengthen the size and number of trees along the
golf course
o That the applicant explore the possibility of staggering the units along Deer Hollow Way
o That the applicant provide an enhanced landscape concept plan at the February 2,
2007, hearing
o That the applicant address the wall along Deer Hollow Way.
At this time, the public hearing was re-opened.
MOTION: Commissioner Guerriero moved continue Item No. 6 to the February 2, 2007,
Planning Commission hearing to allow the applicant to work with staff and provide the following:
that staff work with the applicant to strengthen the size and number of trees along the golf
course edge; that the applicant explore the possibility of staggering the units along Deer Hollow
Way; that the applicant provide an enhanced landscape concept plan; and that the applicant
address the wall along Deer Hollow Way. Commissioner Harter seconded the motion and voice
vote reflected unanimous aporoval.
COMMISSIONER'S REPORT
Commissioner Telesio expressed concern with the color of the Marie Calendars restaurant.
In response to Commissioner Telesio's concern, Assistant City Manager Johnson relayed that
he will have Code Enforcement provide a report with regard to Marie Calendars, debris
concerns of the Home Depot at SR 79-South, and a furniture store along the 1-15 corridor, north
of Winchester Road.
Commissioner Guerriero commended Director of Public Works Hughes for the SR 79-South
improvements and queried on the status of Winchester Road.
In response to Commissioner Guerriero's comment with regard to Winchester Road, Director of
Public Works Hughes noted that the City's intent would be to irrigate and landscape Winchester
Road.
R:\MinulesPC\010307
13
Commissioner Telesio requested clarification regarding the Planning Commission's purview with
regard to CC&Rs.
Commissioner Guerriero requested a workshop with Assistant City Manager Johnson and
Director of Planning Ubnoske.
PLANNING DIRECTOR'S REPORT
Assistant City Manager Johnson advised that he will schedule a joint session with the City
Council and Planning Commission.
ADJOURNMENT
At 9:23 p.m., Chairman Chiniaeff formally adjourned to Januarv 17. 2007 at 6:00 p.m., in the
City Council Chambers, 43200 Business Park Drive, Temecula.
Dennis Chiniaeff
Chairman
Debbie Ubnoske
Director of Planning
R:\MinutesPCI010307
14
ITEM #2
CITY OF TEMECULA
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
MEMORANDUM
TO: Planning Commission
FROM: Debbie Ubnoske, Director of Planning
DATE: February 7,2007
SUBJECT: Director's Hearing Case Update
Planning Director's Agenda items for December 2006.
Date
December 7, 2006
Case No.
P A06-0045
December 14, 2006 PA06-0275
December 14, 2006 PA06-0222
Attachment:
Proposal
A Tentative Parcel Map to
subdivide 5.9 acres into three
parcels, located at the southwest
corner of Overland Drive and
Nicole Lane
A Tentative Parcel Map for Dalton
II to combine Lots 9-14 BLK 22 of
MB15/726 SD Co, located on the
north side of 5'h Street, 80 feet
west of Mercedes Street
A Tentative Parcel Map to
subdivide 4.17 acres into three lots
with an average lot size of 1.39
acres, located at Santiago and
John Warner Roads
1. Action Agendas - Blue Page 2
R,\DlRHEARIMEM0\2007\02-07-2007.doc
Applicant
Overland Plaza
Investments
Hector Correa HLC
Engineering
Yvette Anthony
Action
APPROVED
APPROVED
APPROVED
R:\DIRHEARIMEM0\2007\02-07 -2007 .doc2
ATTACHMENT NO.1
ACTION AGENDAS
ACTION AGENDA
TEMECULA PLANNING DIRECTOR'S HEARING
REGULAR MEETING
December 7,2006 1 :30 p.m.
TEMECULA CITY HALL MAIN CONFERENCE ROOM
43200 Business Park Drive
Temecula, CA 92590
CALL TO ORDER: Steve Brown, Principal Planner
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address the Principal Planner
on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each.
If you desire to speak to the Principal Planner about an item not listed on the Agenda, a
white "Request to Speak" form should be filled out and filed with the Principal Planner.
When you are called to speak, please come forward and state vour name and address.
Item NO.1
1 :30 p.m.
Project Information
Project Number:
Project Type:
Project Title:
Applicant:
Project Description:
Location:
PA06-0045
Tentative Parcel Map (TPM 34387)
Creekside Centre
Overland Plaza Investments
A Tentative Parcel Map (TPM 34387) to subdivide 5.9 acres into
three parcels
Southwest corner of Overland Drive and Nicole Lane (APN 921-810-
025)
The project has been reviewed subject to CEOA and has been
determined to be exempt subject to CEOA Section 15315, Class 15,
Minor Land Division
Betsy Lowrey
APPROVED
Environmental Action:
Project Planner:
ACTION:
R:\DIRHEARlAgendas\2006\12.o7.oS Action Agenda.doc
ACTION AGENDA
TEMECULA PLANNING DIRECTOR'S HEARING
REGULAR MEETING
December 14, 2006 1 :30 p.m.
TEMECULA CITY HALL MAIN CONFERENCE ROOM
43200 Business Park Drive
Temecula, CA 92590
CALL TO ORDER: Steve Brown, Principal Planner
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address the Principal Planner
on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each.
If you desire to speak to the Principal Planner about an item not listed on the Agenda, a
white "Request to Speak" form should be filled out and filed with the Principal Planner.
When you are called to speak, please come forward and state vour name and address.
Item No.1
Project Information
Project Number:
Project Type:
Project Title:
Applicant:
Project Description:
Location:
Environmental Action:
Project Planner:
ACTION:
Item No 2
Project Information
Project Number:
Project Type:
Project Title:
Applicant:
Project Description:
Location:
Environmental Action:
Project Planner:
ACTION:
1 :30 p.m.
PA06-0275
Tentative Parcel Map
Dalton II TPM 35141
CORREA HECTOR, representing HLC Engineering
A Tentative Parcel Map for Dalton II to combine Lots 9-14 BLK 22 of
MB15f726 SD Co (APN 922-024-012 and 922-024-013)
North side of 5th Street, 80 feet west of Mercedes Street
The proposed project is exempt from environmental review based on
Section 15332 (In-Fill Development Projects) of the California
Environmental Quality Act. There are no potentially significant
environmental constraints on the site; the project is consistent with
the General Plan designation and zoning regulations; is located on a
site within the city limits, which is served by all utilities; and is less
than 5 acres in area.
Christine Damko
APPROVED
P A06-0222
Tentative Parcel Map
Santiago Road and John Warner PM
Yvette Anthony
Tentative Parcel Map (TPM 35039) to subdivide 4.17 acres into 3 lots
with an average size of 1.39 acres
Santiago and John Warner Roads (APN 945-080-017)
Categorically Exempt (Section 15315, Class 15)
Katie Le Comte
APPROVED
R:\DIRHEARlAgendas\2006\ 12- 14.06 Action Agenda.doc
ITEM #3
CITY OF TEMECULA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
Planning Commission
Dana Schuma, Associate Planner
SUBJECT:
February 7,2007
Planning Application Nos. PA06-0060 and PA06-0098 (Redhawk Condos)
At the January 3, 2006 Planning Commission Hearing, it was requested the proposed Redhawk
Condos project be continued due to concerns about the project design and it's impact on the
surrounding single family residences. Specific concerns raised included the street scene along
Deer Hollow, rear yard fencing, landscaping and screening along the golf course, community
notification, traffic impacts, and density.
At the hearing, the applicant was asked to re-evaluate several elements of the proposed project
design. Since that time staff has met with the applicant to suggest and discuss feasible
changes to the project that would adequately address the concerns listed above. Modifications
to the project are shown on the attached revised site plan, landscaping plan, and supplemental
sections.
The site plan reflects the elimination of the retaining wall originally proposed along Deer Hollow
Way, allowing for the incorporation of a landscaped slope from the side walk to the rear yard
walls of the units (Attachments 1 .and 2). The setback from the sidewalk ranges between 15
and 20 feet along the street. The rear yard walls have varying setbacks which create movement
along the Deer Hollow Way and Peach Tree Street. All slump stone walls facing Deer Hollow
Way and Peach Tree Street will be a minimum height of 5'6". In some instances, there is also
one to two feet of retaining wall which increases the wall height to 7'6" maximum. The slump
stone walls are used throughout the Redhawk Community and will be adequately screened with
landscaping.
The landscaping plan reflects changes to the tree sizes. A minimum 24-inch box tree size is
proposed along the entire perimeter of the site and 24-inch box trees have been placed
between buildings and within the private yard areas along the golf course. A total of 25 trees
will be provided adjacent to the golf course. The placement of the trees is staggered with
several existing trees on the golf course to provide adequate screening (Attachments 3 and 4).
The applicant held a community meeting on January 18, 2007, to present and discuss the
project proposal with the residents of Redhawk. All residents within a 600 foot radius were
invited to attend. One hundred and sixty residents were notified of the community meeting and
20 residents attended the meeting.
G:\Planning\2006\PA06-0060 Redhawk PA 13. Multi-Family DP\PlanninglMEMO to PC.doc
1
Based on the above summary staff believes the modifications enhance the project and address
the concerns previously raised. The proposed project incorporates common design elements
within the Redhawk Community such as slump stone block walls with a white sack finish and
combination slump stone-wrought iron walls to take advantage of views. In addition, the
proposed landscaped slope along Deer Hollow is comparable to the setting directly across the
street, providing for a consistent and attractive street scene.
Traffic impacts for the project were addressed in a traffic analysis report dated April 19, 2006.
The report concluded that all intersections in the study area will operate at a Level of Service
(LOS) "C" or better with the addition of the project. All road segments will operate at a LOS "A"
with the addition of the project. Based on the findings, no traffic related mitigations were
proposed for the project. Adequate parking for the project has been proposed as well. The
project provides 2 covered parking spaces per unit plus 1 uncovered space for every two units.
The project also provides 16 guest parking spaces for a total of 194 covered spaces and 65
open spaces on site. '
The project density is consistent with the General Plan and Redhawk Specific Plan zoning for
the site. The site is zoned for medium to high density residential development ranging between
8.0 - 14.0 dwelling units per acre. The site proposes 11.0 dwelling units per acre.
Staff has analyzed the overall design of the condominium project, including the site density,
parking, and other associated improvements and believes the project is consistent with all
policies and guidelines intended to protect the health and safety of those within and around the
site.
RECOMMENDATION
Staff has determined that the proposed project is consistent with the City's General Plan,
Development Code, and all applicable ordinances, standards, guidelines, and policies. The
proposed condominium project is an appropriate use within the medium density zone.
Furthermore, as designed the proposed project will not adversely affect the surrounding
development and land uses. Therefore, staff recommends that the Planning Commission
approve Planning Application Nos. PA06-0060 and PA06-0098.
ATTACHMENTS
1. Revised Site Plan - Slue Page 3
2. Deer Hollow Way Cross Section - Slue Page 4
3. Revised Landscaping Plan - Blue Page 5
4. Typical Section of Golf Course - Slue Page 6
5. PC Resolution 07-_ (Development Plan) - Blue Page 7
Exhibit A - Draft Conditions of Approval
6. PC Resolution 07-_ (Tentative Parcel Map) - Blue Page 8
Exhibit A - Draft Conditions of Approval
7. January 3,2007 Planning Commission Staff Report- Slue Page 9
G:\Planning\2006\PA06-0060 Redhawk PA 13 . Multi.Family DP\planninglMEMO 10 PC.doc
2
ATTACHMENT NO.1
REVISED SITE PLAN
G:\Planning\2006\PA06-Q060 Redhawk PA 13 - Multi.Family DPlPlanninglMEMO to PC.doc
3
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DEER HOLLOW WAY CROSS SECTION
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G:\Planning12006\PA06-Q060 Redhawk PA 13. Multi-Family OPlPlanning\MEMO to PC.doc
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DEER I-lOLJ...ClW WAY... ELEVATION A
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G:\Planning\2006\PA06-Q060 Redhawk PA 13. Multi.Family DPlPlanninglMEMO to PC.doc
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TYPICAL SECTION OF GOLF COURSE
G:\Planning\2006\PA06-006Q Redhawk PA 13 - Multi-Family DP\Planning\MEMO to PC.doc
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ATTACHMENT NO.5
PC RESOLUTION 07-_ (DEVELOPMENT PLAN)
G:\Planning\2006\PA06.o060 Redhawk PA 13. Multi-Family OPlPlanning\MEMO to PC.doc
7
PC RESOLUTION NO. 07-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA06-0060, A DEVELOPMENT PLAN TO CONSTRUCT 97
RESIDENTIAL CONDOMINIUM UNITS ON 8.9 GROSS ACRES,
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
DEER HOLLOW WAY AND PEACH TREE STREET, APN 962-
020-012
Section 1. On March 8, 2006, Artisan Communities filed Planning Application No.
PA06-0060, a Development Plan, in a manner in accord with the City of Temecula General Plan
and Development Code.
A. The Application was processed including, but not limited to a public notice, in the
time and manner prescribed by State and local law.
B. The Planning Commission, at a regular meeting, considered the Application and
environmental review on January 3,2007 and February 7,2007, 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.
C. At the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission recommended approval of the Application subject to and based
upon the findings set forth hereunder.
D.
All legal preconditions to the adoption of this Resolution have occurred.
E.
reference.
That the above recitations are true and correct and are hereby incorporated by
Section 2. Findinas. The Planning Commission, in approving the Application hereby
makes the following findings as required by Section 17.05.010.F of the Temecula Municipal
Code.
A. The proposed project is in conformance with the General Plan for Temecula and
with all applicable requirements of state law and other ordinances of the City;
The proposed multi-family condominium units are permitted in the Medium Density land
use designation standards contained in the Redhawk Specific Plan and the City's
Development Code. The project is also consistent with the Medium land use
designation contained in the General Plan. The site is properly planned and zoned, and
as conditioned. is physically suitable for the type and density of the residential
development proposed. The project, as conditioned, 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.
G;\Planning\2006\PA06-0060 Redhawk PA 13. Multi-Family DP\P1anning\Revised Draft RESO PA06..0Q60.doc
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B. The overall development of the land is designed for the protection of the public
health, safety, and public welfare;
The overall design of the condominium unit project, including the site, parking, circulation
and other associated improvements, is consistent with, and is intended to protect the
health and safety of those within and around the site. The project has been reviewed
for, 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 public health, safety and
welfare.
Section 3. Environmental Comoliance. The proposed project has been determined
to be consistent with the previously adopted Redhawk Specific Plan EIR and is therefore
exempt from further Environmental Review (CEQA Section 15162, subsequent EIR's and
Negative Declarations).
Section 4. Conditions. The Planning Commission of the City of Temecula thereby
approves Planning Application No. PA06-0060, a Development Plan to construct 97 residential
condominium units on B.9 acres generally located at the southeast corner of Deer Hollow Way
and Peach Tree Street, subject to the Conditions of Approval set forth on Exhibit A, attached
hereto, and incorporated herein by this reference
G:\Planning\2006\PA06-0060 Redhawk PA 13 ~ Multi-Family ON'lanning\Revised Draft RESO PA06.0060.doc
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 7th day of February 2007.
Dennis Chiniaeff, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that the forgoing PC Resolution No. 07- 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 February
2007, by the following vote:
AYES:
NOES:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
G:\Planning\2006\PA06-0060 Redhawk PA 13 - Multi-Family DP\Planning\Revised Draft RESO PA06-0060.doc
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EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA06-0060
Project Description:
A Development Plan application for a multi-family
residential project to construct 97 condominium units on
8.9 gross acres located within Planning Area 13 of the
Redhawk Specific Plan, generally at the southeast corner
of Deer Hollow Way and Peach Tree Street.
Assessor's Parcel No.
962-020-012
MSHCP Category:
Residential (8.1 -14.0 DulAc)
DIF Category:
TUMF Category:
Residential - Attached
Residential - Multi-Family
Approval Date:
February 7,2007
Expiration Date:
February 7,2009
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 One Thousand Eight
hundred and Fifty Dollars ($1,864.00) which includes the One Thousand Eight Hundred
Dollar ($1,800.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-
Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of
Determination for the previously approved 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)].
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GENERAL REQUIREMENTS
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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 selto 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. A separate building permit shall be required for all signage.
8. The development of the premises shall substantially conform to the approved site plan and
elevations contained on file with the Planning Department.
9. 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.
Scheme 1
Material
Stucco
Accent
Trim
Roof
Color
Omega A147
Sherwin-Williams 7062 Rock Bottom
Sherwin-Williams 6062 Rugged Brown
Hanson Low Profile'S' tile H-536 Blend
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Scheme 2
Material
Stucco
Accent
Trim
Roof
Color
Omega A835
Sherwin-Williams 2837 Aurora Brown
Sherwin-Williams 6082 Cobble Brown
Hanson Low Profile'S' tile H-411
Scheme 3
Material
Stucco
Accent
Trim
Roof
Color
Omega A28
Sherwin-Williams 6272 Plum Brown
Sherwin-Williams 6082 Cobble Brown
Hanson Low Profile'S' tile H-532 Blend
Scheme 4
Material
Stucco
Accent
Trim
Roof
Color
Omega 14
Sherwin-Williams 0072 Deep Maroon
Sherwin-Williams 6068 Brevity Brown
Hanson Concrete'S' tile R-581
Scheme 5
Material
Stucco
Accent
Trim
Roof
Color
Omega 413
Sherwin-Williams 0041 Dark Hunter Green
Sherwin-Williams 6089 Grounded
Hanson Concrete'S' tile R-419 / R-420
Scheme 6
Material
Stucco
Accent
Trim
Roof
Color
Omega 15
Sherwin-Williams 6230 Rainstorm
Sherwin-Williams 6082 Cobble Brown
Hanson Concrete'S' tile R-567
10. 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.
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11 . The applicant shall paint a 3-foot x 3-foot section of the building for Planning Department
inspection, prior to commencing painting of the building.
12. The applicant shall submit to the Planning Department 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.
13. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These
shall be clearly labeled on site plan.
14. The applicant shall comply with the building recommendations set forth in the Noise Analysis
dated September 22, 2006.
Public Works Department
15. A Grading Permit precise grading, including all on-site flat work and improvements, shall be
obtained from the Department of Public Works prior to commencement of any construction
outside of the City-maintained street right-of-way.
16. An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
17. All grading plans shall be coordinated for consistency with adjacent projects and existing
improvements contiguous to the site and shall be submitted Dn standard 24" x 36" City of
Temecula mylars.
18. The project shall include construction-phase pollution prevention controls and permanent
post-construction water quality protection measures into the design of the project to prevent
non-permitted runoff from discharging offsite or entering any storm drain system or receiving
water.
19. A Water Quality Management Plan (WQMP) must be accepted by the City prior to the initial
grading plan check. The WQMP will be prepared by a registered Civil Engineer and include
site design BMPs (Best Management Practices), source controls, and treatment
mechanisms.
Building and Safety Department
20. All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access
Regulations, and the Temecula Municipal Code.
21. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area
wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on
March 31, 2003, this project will be subject to payment of these fees at the time of building
permit issuance. The fees, if applicable to the project, shall be subject to the provisions of
Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance.
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22. Submit at time of plan review, a complete exterior site lighting plans showing compliance
with Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor
lighting shall be shown on electrical plans submitted to the Department of Building and
Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon
adjoining property or public rights-of-way.
23. A receipt or clearance letter from the T emecula Valley School District shall be submitted to
the Building and Safety Department to ensure the payment or exemption from School
Mitigation Fees.
24. Obtain all building plans and permit approvals prior to commencement of any construction
work.
25. Show all building setbacks.
26. Developments with Multi-tenant Buildings or Shell Buildings shall provide a house electrical
meter to provide power for the operation of exterior lighting, irrigation pedestals and fire
alarm systems for each building on the site. Developments with Single User Buildings shall
clearly show on the plans the location of a dedicated panel in place for the purpose of the
operation of exterior lighting and fire alarm systems when a house meter is not specifically
proposed.
27. All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans. (California Disabled Access Regulations effective April 1 , 1998)
28. Provide disabled access from the public way to the main entrance of the building.
29. Trash enclosures, patio covers, light standards, and any block walls if not on the approved
building plans, will require separate approvals and permits.
30. Obtain street addressing for all proposed buildings prior to submittal for plan review.
31. Signage shall be posted conspicuously at the entrance to the project that indicates the hours
of construction, shown below, as allowed by the City Df Temecula Ordinance No. 94-21,
specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-
quarter mile of an occupied residence.
Monday-Friday 6:30 a.m. - 6:30 p.m.
Saturday 7:00 a.m. - 6:30 p.m.
No work is permitted on Sundays or Government Holidays
32. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
33. Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan applicable to scope of work for plan review.
34. Truss calculations that are stamped by the engineer of record and the truss manufacturer
engineer are required for plan review submittal.
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35. Provide precise grading plan at plan check submittal to check accessibility for persons with
disabilities.
36. A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
Fire Prevention
37. Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which are in
force at the time of building plan submittal.
38. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all multi family residential buildings per CFC Appendix III.A, Table A-III-A-1.
The developer shall provide for this project, a water system capable of delivering 4,000 GPM
at 20 PSI residual operating pressure tor a 4 hour duration. The Fire Flow as given above
has taken into account all information as provided (CFC 903.2, Appendix III-A). Temecula
Municipal Code 15.16.020
39. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. Hydrants shall be spaced at 350 feet apart, at each
intersection and shall be located no more than 210 feet from any point on the street or Fire
Department access road(s) frontage to an hydrant. The required fire flow shall be available
from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be
required (CFC 903.2, 903.4.2, and Appendix III-B).
40. If construction is phased, each phase shall provide approved access and fire protection prior
to any building construction (CFC 8704.2 and 902.2.2).
Community Services Department
41. All private streets, alleys as well as the parkways within the right of ways along Peachtree
Street and Deer Hollow Way, residential streetlights on private streets, open space,
pedestrian access areas, monumentation and fencing shall be maintained by an established
Home Owner's Association.
42. The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
43. The trash enclosures shall be large enough to hold two bins, one dedicated to recycling and
one for other solid waste.
44. The Applicant shall comply with the Public Art Ordinance.
G:\Planning\2006\PA06-Q060 ROOhawl< PA 13. Multi-Family OPlPlanning\Draft COA PA06-0060.doc
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PRIOR TO ISSUANCE OF GRADING PERMITS
G:\Planning\2a06\?AOS-0060 Redhawk PA 13 ~ Multi.Family DP\Planning\Draft COA PA06-OO60.doc
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Planning Department
45. A copy of the rough grading plans shall be submitted and approved by the Planning
Department.
46. 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.
47. Double detector check valves shall be either installed underground or internal to the project
site at locations not visible from the public right-of-way, subject to review and approval by the
Director of Planning.
48. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural 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 archaeologicaVcultural 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."
Public Works Department
49. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and
approved by the Department of Public Works. The grading plan shall include all necessary
erosion control measures needed to adequately protect adjacent public and private property.
50. The Developer shall post security and enter into an agreement guaranteeing the grading and
erosion control improvements in conformance with applicable City Standards and subject to
approval by the Department of Public Works.
51. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the
Director of the Department of Public Works with the initial grading plan check. The report
shall address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sections.
52. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to
the Department of Public Works with the initial grading plan check. The report shall address
special study zones and the geological conditions of the site, and shall provide
recommendations to mitigate the impact of ground shaking and liquefaction.
53. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in
accordance with City Standards identifying storm water runoff expected from this site and
upstream of this site. The study shall identify all existing or proposed public or private
G:\Planning\2006\PAOS-Q060 Redhawk PA 13 - Multi-Family DP\planninglDraft COA PA06-QOSO.doc
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drainage facilities intended to discharge this runoff. The study shall also analyze and identify
impacts to downstream properties and provide specific recommendations to protect the
properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities,
including acquisition of drainage or access easements necessary to make required
improvements, shall be provided by the Developer.
54. Construction-phase pollution prevention controls shall be consistent with the City's Grading,
Erosion & Sediment Control Ordinance and associated technical manual, and the City's
standard notes for Erosion and Sediment Control.
55. The project shall demonstrate coverage under the State NPDES General Permit for
Construction Activities by providing a copy of the Waste Discharge Identification number
(WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater
Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of
construction activities.
56. As deemed necessary by the Director of the Department of Public Works, the Developer
shall receive written clearance from the following agencies:
a. Riverside County Flood Control and Water Conservation District
b. Planning Department
c. Department of Public Works
57. The Developer shall comply with all constraints which may be shown upon an Environmental
Constraint Sheet (ECS) recorded with any underlying maps related to the subject property.
58. The applicant shall comply with the provisiDns of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by
providing documented evidence that the fees have already been paid.
59. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check or
money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If
the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid.
Fire Prevention
60. As required by the California Fire Code, when any portion of the facility is in excess of 150
feet from a water supply on a public street, as measured by an approved route around the
exterior of the facility, on-site fire hydrants and maiQs capable of supplying the required tire
flow shall be provided. For this project on site fire hydrants are required (CFC 903.2).
61. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-
de-sac shall be forty-five (45}feet (CFC 902.2.2.2.3 and Subdivision Ord 16.03.020).
62. Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed. Temporary Fire Department access roads shall be an all weather surface for
80,000 Ibs. GVW (CFC 8704.2 and 902.2.2.2).
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63. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches (CFC 902.2.2.1).
64. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent (CFC
902.2.2.6 Ord. 99-14).
65. Prior to building construction, dead end road ways and streets in excess of one hundred and
fifty (150) feel which have not been completed shall have a turnaround capable of
accommodating fire apparatus (CFC 902.2.2.4).
66. Prior to building construction, this development shall have two (2) points of access, via all-
weather surface roads, as approved by the Fire Prevention Bureau (CFC 902.2.1).
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PRIOR TO ISSUANCE OF BUILDING PERMIT
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Planning Department
67. 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.
68. All mechanical equipment including air conditioning units shall be completely screened from
public view.
69. 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 not to 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
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 applicant/owner shall contact the
Planning Department to schedule inspections.
j. Wall and Fence Plans consistent with the Conceptual Landscape Plans showing the
height, location and the following materials for all walls and fences:
i. Slump-stone block with white sack finish for the perimeter of the project
adjacent to a Deer Hollow Way and Peach Tree Street.
ii. Slump-stone block with white sack finish and wrought iron combination for
the perimeter of the project adjacent to the golf course.
iii. Wrought iron or slump-stone block with white sack finish and wrought iron
combination to take advantage of views for side and rear yards.
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iv. Wood fencing shall be used for all side and rear yards when not restricted by
1 and 2 above.
a. Precise Grading Plans consistent with the approved rough grading plans including all
structural setback measurements.
i. The Construction Landscaping Plans shall be modified to provide a
neighborhood entry statement at the intersection of Deer Hollow Way and
Peach Tree Street at the northwest boundary of the project site. The entry
statement shall be designed in compliance with the Redhawk Specific Plan
Planning Area 13 requirements subject to review and approval by the
Director of Planning.
ii. A rain sensor shall be provided for all HOA irrigation systems.
iii. All utilities shall be screened from public view. Landscape construction
drawings shall show and label all utilities and provide appropriate screening.
Provide a 3' 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 insure that there are no conflicts with trees.
iv. Building Construction Plans shall include details of outdoor areas (including
but not limited to trellises, decorative furniture, fountains, and hardscape) to
match the style of the building subject to the approval of the Planning
Director.
Public Works Department
70. Precise grading plans shall conform to applicable City of Temecula Standards subject to
approval by the Director of the Department of Public Works. The following design criteria
shall be observed:
a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C.
paving.
b. Driveways shall conform to the applicable City of Temecula Standard No. 207A.
c. Street lights shall be installed along the public streets adjoining the site in
accordance with City Standard No. 800.
d. Concrete sidewalks and ramps shall be constructed along public street frontages in
accordance with City of Temecula Standard No. 400.
e. All street and driveway centerline intersections shall be at 90 degrees.
f. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
71. All street improvement design shall provide adequate right-of-way and pavementtransitions
per Caltrans' standards for transition to existing street sections.
72. The Developer shall construct the following public improvements in conformance with
applicable City Standards and subject to approval by the Director of the Department of
Public Works.
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a. Street improvements, which may include, but not limited to: sidewalks, drive
approaches, street lights, signing, striping, and other traffic control devices as
appropriate
b. Storm drain facilities
c. Sewer and domestic water systems
d. Under grounding of proposed utility distribution lines
73. The Developer shall vacate and dedicate the abutters rights of access along PeachTree
Street pursuant to the new location of the driveway.
74. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic
Engineer and reviewed by the Director of the Department of Public Works for any street
closure and detour or other disruption to traffic circulation as required by the Department of
Public Works.
75. 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.
76. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all
Resolutions implementing Chapter 15.06.
77. 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 Department
78. Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
Fire Prevention
79. Prior to issuance of building permits, the developer shall furnish three copies of the water
system plans directly to the Fire Prevention Bureau for approval prior to installation. Plans
shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval
signature block; and conform to hydrant type, location, spacing and minimum fire flow
standards. After the plans are signed by the local water company, the originals shall be
presented to the Fire Prevention Bureau for signatures. The required water system
including fire hydrants shall be installed and accepted by the appropriate water agency prior
to any combustible building materials being placed on an individual lot (CFC 8704.3,
901.2.2.2 and National Fire Protection Association 24 1-4.1).
80. Prior to issuance of building permit, all locations where structures are to be built shall have
approve~ Fire Department vehicle access roads to within 150 feet to any portion of the
faCility or any portion of an exterior wall of the building(s). Fire Department access roads
shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness
of .25 feet (CFC sec 902).
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81. Prior to issuance of building permit 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.
82. Prior to issuance of building permit fire alarm plans shall be submitted to the Fire Prevention
Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor
to the Fire Prevention Bureau.
Community Services Department
83. The developer shall satisfy the City's park land dedication (Quimby) requirement through the
payment of in-lieu fees equivalent to .91 acres of park land, based upon the City's then
current land evaluation. Said requirement includes a 25% credit for private recreational
opportunities provided and shall be pro-rated at a per dwelling unit cost prior to the issuance
of each residential building permit.
84. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
85. Prior to the first building permit or installation of additional street lights on Peachtree Street
or Deer Hollow Way, which ever occurs first, the developer shall complete the TCSD
application process, submit an approved Edison Streetlight Plan and pay the appropriate
energy fees related to the transfer of street lighting into the TCSD maintenance program.
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
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Planning Department
86. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant
shall be required to screen all mechanical equipment including air conditioning units from
public view.
87. 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.
88. HOA landscaping shall be completed for inspection prior to issuance of occupancy for those
lots adjacent to HOA landscaped area.
89. Performance securities, in amounts to be determined by the Director of Planning, to
guarantee the maintenance of the plantings in accordance with the approved construction
landscape and irrigation plan shall be filed with the Planning Department 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 Planning, the
bond shall be released upon request by the applicant.
90. Each parking space reserved for the handicapped shall be identified by a permanently
affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying
the International Symbol of Accessibility. The sign shall not be smaller than 70 square
inches in area and shall be centered at the interior end of the parking space at a minimum
height of 80 inches from the bottom of the sign to the parking space finished grade, or
centered at a minimum height of 36 inches from the parking space finished grade, ground,
or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-
street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating
the following:
"Unauthorized vehicles parked in designated accessible spaces not
displaying distinguishing placards or license plates issued for persons with
disabilities may be towed away at owner's expense. Towed vehicles may be
reclaimed by telephoning (95) 696-3000."
91. In addition to the above requirements, the surface of each parking place shall have a
surface identification sign duplicating the SymbOl of Accessibility in blue paint of at least
three square feet in size.
92. All site improvements including but not limited to parking areas and striping shall be installed
prior to occupancy or any use allowed by this permit.
93. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Public Works Department
94. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP
have been constructed and installed in conformance with approved plans and are ready for
immediate implementation.
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95. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Work
96. All public improvements shall be cDnstructed and completed per the approved plans and
City standards to the satisfaction of the Director of the Department of Public Works.
97. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall
be repaired or removed and replaced to the satisfaction of the Director of the Department of
Public Works.
Fire Prevention
98. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers"
shall be installed to identify fire hydrant locations (CFC 901.4.3).
99. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or
addresses shall be provided on all new arid existing buildings in such a position as to be
plainly visible and legible from the street or road fronting the property. Numbers shall be of a
contrasting color to their background. Single family residences and multi-family residential
units shall have four (4) inch letters and lor numbers, as approved by the Fire Prevention
Bureau (CFC 901.4.4).
100. Prior to issuance of Certificate of Occupancy or building final, the developer shall install a
fire sprinkler system (CFC Article 10, CBC Chapter 9).
101. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for
monitoring the sprinkler system, occupancy or use, the developer shall install the fire alarm
system monitored by an approved Underwriters Laboratory listed central station (CFC Article
10).
102. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be
provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located
to the right side of the main entrance door (CFC 902.4).
103. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by fire fighting personnel (CFC 902.4).
104. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane painting
and or signs.
105. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a
simple floor plan, each as an electronic file of the .DWG format must be submitted to the
Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention
for approval.
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Community Services Department
106. It shall be the developer's responsibility to provide written disclosure of the existence of the
TCSD and its service level rates and charges to all prospective purchasers.
107. The developer orhis assignee shall submit, in a format as directed by TCSD staff, the most
current list of Assessor's Parcel Numbers assigned to the final project.
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OUTSIDE AGENCIES
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108. The applicant shall comply with the recommendations set forth in the County of Riverside
Department of Environmental Health's transmittal March 20, 2006, a copy of which is
attached.
109. The applicant shall comply with the recommendations set forth in the Rancho California
Water District's transmittal March 13, 2006, a copy of which is attached.
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
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22
tJ CGJNTY OF RIVERSIDE . ..ALI cl SERVICES AGENCY 0
DEPARTMENT OF ENVIRONMENTAL HEALTH
March 20, 2006
City of TemecuIa Planning Depar1Inent
P.O. Box 9033
Temecula, CA 92589-9033
Attention: Veronica McCoy
RE: Development Pian No. PA06-0060
Dear Ms. McCoy:
Department of Environmental Health has reviewed the development plan for multi-family residential
to build 98 condo units on 8.9 acres totaling 176, 944 sq. ft. The project will be located on the corner
of Peach Tree and Deer Hollow. Although, the site plan does not indicate that either water and sewer
services are existing, we assume that these services are in and are available.
PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLWWlNG SHOULD
BE REQUIRED:
"Will-serve" letters from the appropriate water district.
Sincerely,
~~-
Sam Martinez, Supervising Environmental Health Specialist
(951) 955-8980
NOT!!: Any l:UlI'CIIl1 odditiooai RqUir_ not """croci can be oppljcablc .. time of Building Plan review for 6001 D" ' .....,. of
~ Health clearance.
.;::'\
o fE.~fBa W~ PJ
11 ~ ,!:) ",
"/'..,1\ '. <( 7006
By.
PIa. .ning Department
.ocal Enforc.ement Agency. Po. Box 1280, Riverside, CA 92502-1280' (909) 955.8982 . Ff\X (909) 781-9653 . 4080 Lemon Street, 9th Floor, Ri~ersj~€, CA 92501
,and Use and Water Engineering' P'Q, Box 1206. Riverside, CA 92502.1206 . (909) 955-89ilO . FAX (9091 955-8903 . 4080 Lemon Street. 2nd Flom, RIVerSIde. CA 92501
/
@
Rancho
Water
Board of Directors
Ben R. Drake
President
Stephen J. Corona
Sr. Vice President
Ralph IL Daily
Lisa D. Herman
John E. Hoagland
Michael R. McM.Illaa
William E. Phuwner
OffiC81"8;
BriaD J. Brady
GeoeraJ Manager
PbiWp L Forbe8
AMistant General Manager I
Chief Financial Officer
E. P. "Bob- Lemons
Direct.orofEngineering
PerT)' R. Louck
Director or Planning
Jeff D. Armstrong
CODtroUer
KeUi E. Garda
District Secretary
C. Michael Cowelt
Best Best.. KrieteI' LLP
General Counsel
,
\
March 13, 2006
Veronica McCoy, Project Planner
City ofTemecula
Planning Department
Post Office Box 9033
Temecula, CA 92589-9033
o jg@jg 0 W~ ~J
fl MAR 1 5 2006 -'
By
Planning Department
SUBJECT: WATER AVAILABILITY
REDHA WK CONDOMINIUMS
PARCEL NO. 20 OF PARCEL MAP NO. 24387
APN 962-020-012; CITY PROJECT NO. PA06-0060
(REDHAWK COMMUNITIES, INc.)
Dear Ms. McCoy:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD). Water service,
therefore, would be available upon construction of any required on-site and/or off-
site water facilities and the completion of financial arrangements between RCWD
and the property owner.
If fire protection is required, the customer will need to contact RCWD for fees and
requirements. Water availability would be contingent upon the property owner
signing an Agency Agreement that assigns water management rights, if any, to
RCWD.
This project is a condominium development, with a Homeowners' Association
maintaining the common property and private water, fire protection, and
landscape irrigation facilities. As a condition of approval for the project, RCWD
requires that the Developer include a Reciprocal Easement and Maintenance
Agreement for these on-site private water facilities.
If you should have any questions, please contact an Engineering Services
Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
--rt}#/z .
Michael G. Meyerpeter, P.
Acting Development Engineering Manager
cc: Laurie Williams, Engineering Services Supervisor
06\MM:at064IFEG
Rancho California Water Diatrict
42135 Wmdtester Road . Post Office 80x 9017 . Temecullil, California 92589.9017 . (951) 296-6900 . IFAX(951) 296-6860
www.ranchowater.eom
." ,'I""""~'" ,,".
""'. <~'"l>>i~: ~,>';c,,;:';i '..~_,..
ATTACHMENT NO.6
PC RESOLUTION 07-_ (TENTATIVE PARCEL MAP)
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8
PC RESOLUTION NO. 07-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA06-0098, A TENTATIVE PARCEL MAP (TPM 34715)
FOR CONDOMINIUM PURPOSES FOR 97 RESIDENTIAL
CONDOMINIUM UNITS ON 8.9 ACRES GENERALLY LOCATED
AT THE SOUTHEAST CORNER OF DEER HOLLOW WAY AND
PEACH TREE STREET (APN 962-020-012)
Section 1. Procedural Findinas. The Planning Commission of the City of Temecula
does hereby find, determine and declare that:
A. On March 8, 2006, Artisan Communities filed Planning Application No. PA06-
0098, a Tentative Parcel Map for Condominium Purposes, 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 3,2007 and February 7,2007, 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 Commission hearing and after due consideration of the
testimony, the Commission recommended approval of the Application subject to and based
upon the findings set forth hereunder.
E.
F.
reference.
All legal preconditions to the adoption of this Resolution have occurred.
That the above recitations are true and correct and are hereby incorporated by
Section 2. Findinas. The Planning Commission, in approving the Application hereby
makes the following findings as required by Section 16.09.140 of the Temecula Municipal Code.
A. The proposed subdivision and the design and improvements of the subdivision
are consistent with the Development Code, General Plan, and the City of Temecula Municipal
Code;
Tentative Parcel Map No. 34715 is consistent with the Development Code, General
Plan, and the Municipal Code because the project meets design standards as required
in the Development Code, General Plan, and the Municipal Code.
B. The Tentative Map does not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a
Land Conservation Act contract but the resulting parcels following division of the land will not be
too small to sustain agricultural use;
The proposed land division is not land designated for conservation or agricultural use.
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I
C. The site is physically suitable for the type and proposed density of development
proposed by the Tentative Map;
The project consists of a Parcel Map for condominium purposes on property designated
as Medium Density Residential. Multi-family housing is a use consistent with the
General Plan and Redhawk Specific Plan land use designation. The proposed tentative
map conforms to the proposed Development Plan (PA06-0060) for residential
condominium units. The Development Plan must be approved prior to recordation of the
final map, thereby ensuring that the site is suitable for the type and proposed density of
the development.
D. The design of the subdivision and the proposed improvements, with conditions of
approval are not likely to cause significant environmental damage or substantially and avoidably
injure fish or wildlife or their habitat;
The project consists of a Parcel Map on property designated for Medium Density
Residential. Multi-family housing is a use consistent with the General Plan and
Redhawk Specific Plan land use designation. As designed and conditioned, the project
is not likely to cause significant environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
E. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems;
The project has been reviewed and conditioned by the Fire Prevention Bureau, the
Public Works Department, and the Building and Safety Department. Furthermore,
provisions are made in the General Plan, the Redhawk Specific Plan, and the
Development Code to ensure that the public health, safety and welfare are safeguarded.
The project is consistent with these documents.
F. The design of the subdivision provides for future passive or natural heating or
cooling opportunities in the subdivisiDn to the extent feasible;
The proposed Tentative Parcel Map has been designed to provide for future passive or
natural heating and cooling opportunities in the subdivision to the extent feasible,
because the construction plans will comply with all applicable building codes and State
energy guidelines.
G. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large for access through or use of property within the
proposed subdivision, or the design of the alternate easements which are substantially
equivalent to those previously acquired by the public will be provided;
All required rights-of-way and easements have been provided on the Tentative Map.
The City has reviewed these easements and has found no potential conflicts.
H.
(Quimby);
The subdivision is consistent with the City's parkland dedications requirements
,
As conditioned, the subdivision is consistent with the dedication requirement.
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Section 3. Environmental Comoliance. The proposed project has been determined
to be consistent with the previously adopted Redhawk Specific Plan EIR and is therefore
exempt from further Environmental Review (CEQA Section 15162, subsequent EIR's and
Negative Declarations).
Section 4. Conditions. The Planning Commission of the City of Temecula hereby
approves Planning Application No. PA06-0098, a Tentative Parcel Map (TPM 34715) for
condominium purposes for 97 residential units on 8.9 acres generally located at the southeast
corner of Deer Hollow Way and Peach Tree Street, subject to the Conditions of Approval set
forth on Exhibit A, attached hereto, and incbrporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 7th day of February 2007.
Dennis Chiniaeff, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that the forgoing PC Resolution No. 07- 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 February
2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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3
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
G,IPlanning12OO61PA06-0098 Redbawk PAI3 TI'MlPlanninglDraft RESO PA06.()()98.doc
4
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA06-0098
Project Description:
A Tentative Parcel Map (TPM 34715) for Condominium
purposes for 97 residential condominium units located
within Planning Area 13 of the Redhawk Specific Plan,
generally at the southeast corner of Deer Holllow Way
and Peach Tree Street
Assessor's Parcel No.:
962-020-012
MSHCP Category:
Residential (8.1 -14 DulAc)
D1F Category:
Residential - Attached
TUMF Category:
Residential- Multi-Family
Tentative Parcel Map No.: TM 34715
Approval Date:
February 7,2007
Expiration Date:
February 7,2010
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 One Thousand Eight
hundred and Fifty Dollars ($1,850.00) which includes the One Thousand Eight Hundred
Dollar ($1,800.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Fifty
Dollars ($50.00) County administrative fee, to enable the City to file the Notice of
Determination for the previously approved Mitigated or Negative Declaration required under
Public Resources Code Section 21152 and California CDde 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 conditiDn [Fish and Game Code Section 711.4(c)].
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GENERAL REQUIREMENTS
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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 tentative subdivision shall comply with the State of California Subdivision Map Act and
to all the requirements of Ordinance No. 460, unless modified by the conditions listed below.
A time extension may be approved in accordance with the State Map Act and City
Ordinance, upon written request, if made 60 days prior to the expiration date.
4. 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.
5. If phasing is proposed, a phasina plan shall be submitted to and approved by the Planning
Director.
6. A Homeowners Association may not be terminated without prior City approval.
Public Works Department
7. It is understood that the Developer correctly shows on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and drainage courses, and
their omission may require the project to be resubmitted for further review and revision.
8. A Grading Permit for either rough or precise grading shall be obtained from the Department
of Public Works prior to commencement of any construction outside of the City-maintained
road right-of-way.
9. An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
10. All improvement plans, grading plans shall be coordinated for consistency with adjacent
projects and existing improvements contiguous to the site and shall be submitted on
standard 24' x 36' City of Temecula mylars.
Fire Prevention
11. Any and all previous existing conditions for this project will remain in full force and effect
unless superceded by more stringent requirements here.
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12. final fire and life safety conditions will be addressed when building plans are reviewed by
the fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which are in
force at the time of building plan submittal.
13. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division
per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water
system capable of delivering 1500 GPM at 20 PSI residual operating pressure with a two
hour duration. The Fire Flow as given above has taken into account all information as
provided (CFC 903.2, Appendix III.A).
14. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 21/2" outlets) shall be
located on Fire Department access roads and adjacent 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 hydrant(s) in the system. The upgrade
of existing fire hydrants may be required (CFC 903.2, 903.4.2, and Appendix III-B).
15. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-
de-sac shall be thirty-seven feet for residential and forty-five feet for commercial (CFC
902.2.2.3, CFC 902.2.2.4).
16. If construction is phased, each phase shall provide approved access and fire protection prior
to any building construction (CFC 8704.2 and 902.2.2).
17. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by firefighting personnel (CFC 902.4).
18. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four feet and an unobstructed vertical clearance of not less than thirteen feet six (6)
inches (CFC 902.2.2.1 and Ord 99-14).
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PRIOR TO RECORDATION OF THE FINAL MAP
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Planning Department
19. The following shall be submitted to and approved by the Planning Division:
a. A copy of the Final Map.
b. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
i. This property is located within 30 miles of Mount Palomar Observatory. All
proposed outdoor lighting systems shall comply with the California Institute of
Technology, Palomar Observatory recommendations, Ordinance No. 655.
c. A copy of the Covenants, Conditions, and Restrictions (CC&R's):
i. CC&R's shall be reviewed and approved by the Planning Director. The
CC&R's shall include liability insurance and methods of maintaining open
space, recreation areas, parking areas, private roads, exterior of all buildings
and all landscaped and open areas including parkways.
ii. The CC&R's shall be prepared at the developer's sole cost and expense.
iii. The CC&R's shall be in the form and content approved by the Planning
Director, City Engineer and the City Attorney and shall include such
provisions as are required by this approval and as said officials deem
necessary to protect the interests of the City and it's residents.
iv. The CC&R's and Articles of Incorporation of the Property Owner's
Association are subject to the approval of the Planning and Public Works
Departments and the City Attorney. They shall be recorded concurrent with
the final map. A recorded copy shall be provided to the City.
v. The CC&R's shall provide for the effective establishment, operation,
management, use, repair and maintenance of all common areas, drainage
and facilities.
vi. The CC&R's shall provide that the property shall be developed, operated and
maintained so as not to create a public nuisance.
vii. The CC&R's shall provide that the association may not be terminated without
prior City approval.
viii. The CC&R's shall provide that if the property is not maintained in the
condition required by the CC&R's, then the City, after making due demand
and giving reasonable notice, may enter the property and perform, at the
owner's sole expense, any maintenance required thereon by the CC&R's or
the City Ordinances. The property shall be subject to a lien in favor of the
City to secure any such expense not promptly reimbursed.
ix. Every owner of a suite or lot shall own as an appurtenance to such suite or
lot, either (1) an undivided interest in the common areas and facilities, or (2)
a share in the corporation, or voting membership in an association owning
the common areas and facilities.
x. All open areas and landscaping shall be permanently maintained by the
association or other means acceptable to the City. Such proof of this
maintenance shall be submitted to the Planning and Public Works
Department prior to the issuance of building permits.
xi. Reciprocal access easements and maintenance agreements ensuring
access to all parcels and joint maintenance of all roads, drives or parking
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areas shall be provided by the CC&R's or by deeds and shall be recorded
concurrent with the map or prior to the issuance of building permit where no
map is involved.
20. No lot or suite in the development shall be sold unless a corporation, association, property
owner's group or similar entity has been formed with the right to assess all properties
individually owned or jointly owned which have any rights or interest in the use of the
common areas and common facilities in the development, such assessment power to be
sufficient to meet the expenses of such entity, and with authority to control, and the duty to
maintain, all of said mutually available features of the development. Such entity shall
operate under recorded CC&R's, which shall include compulsory membership of all owners
of lots and/or suites and flexibility of assessments to meet changing costs of maintenance,
repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions
required as Conditions of Approval. The developer shall submit evidence of compliance with
this requirement to, and receive approval of, the City prior to making any such sale. This
condition shall not apply to land dedicated to the City for public purposes.
21. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Public Works Department
Prior to Approval of the Parcel Map, unless other timing is indicated, the Developer shall complete
the following or have plans submitted and approved, subdivision improvement agreements executed
and securities posted:
22. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Rancho California Water District
c. Eastern Municipal Water District
d. City of Temecula Fire Prevention Bureau
e. Planning Department
f. Department of Public Works
g. Community Services District
23. The Developer shall design and guarantee construction of the following public improvements
to City of Temecula General Plan standards unless otherwise noted. Plans shall be
reviewed and approved by the Department of Public Works:
a. Improve Deer Hollow Way (Secondary Highway Standards - 88' R/W) to include
dedication of full-width, installation of full-width street improvements, sidewalk, street
lights, drainage facilities, signing and striping, utilities (including but not limited to
water and sewer).
b. Improve Peachtree Street (Collector Road Standards - 66' R/W) to include
dedication of full-width street right-of-way, installation of full-width street
improvements, sidewalk, street lights, drainage facilities, signing and striping, utilities
(including but not limited to water and sewer).
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24. Unless otherwise approved the following minimum criteria shall be observed in the design of
the street improvement plans:
a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum
over A.C. paving.
b. Driveways shall conform to the applicable City Standard Nos. 207 A.
c. Street lights shall be installed along the public streets shall be designed in
accordance with City Standard No. 800.
d. Concrete sidewalks shall be constructed in accordance with City Standard No. 400.
e. All street and driveway centerline intersections shall be at 90 degrees.
f. All knuckles shall be constructed in accordance with City Standard No. 602.
g. All cul-de-sacs shall be constructed in accordance in City Standard No. 600.
h. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall
be provided underground. Easements shall be provided as required where
adequate right-of-way does not exist for installation of the facilities. All utilities shall
be designed and constructed in accordance with City Codes and the utility provider.
i. All utilities, except electrical lines rated 34kv or greater, shall be installed
underground
25. Private roads shall be designed to meet City public road standards. Unless otherwise
approved the following minimum criteria shall be observed in the design of private streets:
a. Minimum road widths of 24-ft. paved with 24-ft right-of-ways or easements (shown
on typical section).
b. Knuckles being required at 90 'bends' in the road.
c. Separation between on-site intersections shall meet current City Standards (200-ft.
minimum).
26. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and
reviewed by the Department of Public Works for any street closure and detour or other
disruption to traffic circulation as required by the Department of Public Works.
27. Relinquish and waive right of access to and from Deer Hollow Way and Peachtree Street on
the Parcel Map with the exception of 3 opening(s) as delineated Dn the approved Tentative
Parcel Map.
28. All easements and/or right-of-way dedications shall be offered for dedication to the public or
other appropriate agency and shall continue in force until the City accepts or abandDns such
offers. All dedications shall be free from all encumbrances as approved by the Department
of Public Works.
29. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an
existing Assessment District must comply with the requirements of said section. Prior to City
Council approval of the Parcel Map, the Developer shall make an application for
reapportionment of any assessments with appropriate regulatory agency.
30. Any delinquent property taxes shall be paid.
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31. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel
Map to delineate identified environmental concerns and shall be recorded with the map. A
copy of the ECS shall be transmitted to the Planning Department for review and approval.
The following information shall be on the ECS:
32. The Developer shall comply with all constraints which may be shown upon an Environmental
Constraint Sheet recorded with any underlying maps related to the subject property.
33. The Developer shall make a good faith effort to acquire the required off-site property
interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the
Parcel Map for recordation, enter into an agreement to complete the improvements pursuant
to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall
provide for payment by the Developer of all costs incurred by the City to acquire the off-site
property interests required in connection with the subdivision. Security of a portion of these
costs shall be in the form of a cash deposit in the amount given in an appraisal report
obtained by the Developer, at the Developer's cost. The appraiser shall have been
approved by the City prior to commencement of the appraisal.
34. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be
provided for underground, with easements provided as required, and designed and
constructed in accordance with City Codes and the utility provider. Telephone, cable TV,
and/or security systems shall be pre-wired in the residence.'
35. A 24 foot easement shall be dedicated for public utilities and emergency vehicle access for
all private streets and drives.
36. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map or
issuance of building permits, whichever occurs first.
37. Easements, when required for roadway slopes, landscape easements, drainage facilities,
utilities, etc., shall be shown on the final map if they are located within the land division
boundary. All offers of dedication and conveyances shall be submitted for review and
recorded as directed by the Department of Public Works. On-site drainage facilities located
outside of road right-of-way shall be contained within drainage easements and shown on the
final map. A note shall be added to the final map stating "drainage easements shall be kept
free of buildings and obstructions. "
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PRIOR TO ISSUANCE OF GRADING PERMITS
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Planning Department
38. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural 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."
39. A copy of the Rough Grading plans shall be submitted and approved by the Planning
Department.
Public Works Department
40. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Planning Department
c. Department of Public Works
41. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of
Temecula standards and approved by the Department of Public Works prior to
commencement of any grading. The plan shall incorporate adequate erosion control
measures to protect the site and adjoining properties from damage due to erosion.
42. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the
Department of Public Works with the initial grading plan check. The report shall address all
soils conditions of the site, and provide recommendations forthe construction of engineered
structures and preliminary pavement sections.
43. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist
and submitted to the Department of Public Works with the initial grading plan check. The
report Shall address special study zones and identify any geotechnical hazards for the site
including location of faults and potential for liquefaction. The report shall include
recommendations to mitigate the impact of ground shaking and liquefaction.
44. A Drainage Study shall be prepared by a registered Civil Engineer and submitted tD the
Department of Public Works with the initial grading plan check. The study shall identify
storm water runoff quantities expected from the development of this site and upstream of the
site. It shall identify all existing or proposed off-site or on-site, public or private, drainage
facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall
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capable of receiving the storm water runoff without damage to public or private property.
The study shall include a capacity analysis verifying the adequacy of all facilities. Any
upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall
be provided as part of development of this project. The basis for analysis and design shall
be a storm with a recurrence interval of one hundred years.
45. Construction-phase pollution prevention controls shall be consistent with the City's Grading,
Erosion & Sediment Control Ordinance and associated technical manual, and the City's
standard notes for Erosion and Sediment Control.
46. The project shall demonstrate coverage under the State NPDES General Permit for
Construction Activities by providing a copy of the Waste Discharge Identification number
(WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater
Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of
construction activities.
47. The Developer shall post security and enter into an agreement guaranteeing the grading and
erosion control improvements in conformance with applicable City Standards and subject to
approval by the Department of Public Works.
48. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check or
money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If
the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid.
49. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by
providing documented evidence that the fees have already been paid.
50. All lot drainage shall be directed to the driveway by side yard drainage swales independent
of any other lot.
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PRIOR TO ISSUANCE OF BUILDING PERMITS
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Public Works Department
51. A Parcel Map shall be approved and recorded.
52. The Developer shall vacate and dedicate the abutters rights of access along Deer Hollow
Way and Peachtree Street pursuant to the new location of the driveway
53. A Precise Grading Plan shall be submitted to the Department of Public Works for review and
approval. The building pad shall be certified by a registered Civil Engineer for location and
elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction
and site conditions.
54. Grading of the subject property shall be in accordance with the California Building Code, the
approved grading plan, the conditions of the grading permit, City Grading Standards and
accepted grading construction practices. The final grading plan shall be in substantial
conformance with the approved rough grading plan.
55. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all
Resolutions implementing Chapter 15.06.
56. 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.
Fire Prevention
57. Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed. Temporary Fire Department access roads shall be an all weather surface for
80,000 Ibs GVW (CFC 8704.2 and 902.2.2.2).
58. Priorto building construction, dead end road ways and streets in excess of one hundred and
fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus (CFC 902.2.2.4).
59. Prior to building construction, this development, and any street within serving more than 35
homes shall have two (2) points of access, via all-weather surface roads, as approved by the
Fire Prevention Bureau (CFC 902.2.1).
60. Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval priorto installation. Plans shall be:
signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature.
block; and conform to hydrant type, location, spacing and minimum fire flow standards. After
the plans are signed by the local water company, the originals shall be presented to the Fire
Prevention Bureau for signatures. The required water system including fire hydrants shall be
installed and accepted by the appropriate water agency prior to any combustible building
materials being placed on an individual lot (CFC 8704.3, 901.2.2.2 and National Fire
Protection Association 241-4.1).
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PRIOR TO ISSUANCE OF OCCUPANCY PERMITS
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Public Works Department
61. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP
have been constructed and installed in conformance with approved plans and are ready for
immediate implementation.
62. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
63. All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
64. All improvements shall be constructed and completed per the approved plans and City
standards to the satisfaction of the Director of Public Works.
65. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to
the construction operations of this project shall be repaired or removed and replaced to the
satisfaction of the Director of Public Works.
Fire Prevention
66. Prior to building final, all locations where structures are to be built shall have approved Fire
Department vehicle access roads to within 150 feet to any portion of the facility or any
portion of an exterior wall of the building(s). Fire Department access roads shall be an all
weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet
(CFC sec 902 and Ord 99-14).
67. Prior to issuance of a Certificate of Occupancy or building final, 'Blue Reflective Markers"
shall be installed to identify fire hydrant locations (CFC 901.4.3).
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OUTSIDE AGENCIES
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68. The applicant shall comply with the recommendations set torth in the County of Riverside
Department of Environmental Health's transmittal April 18, 2006, a copy of which is
attached.
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 Signature
Date
Applicant's Printed Name
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ATTACHMENT NO.7
JANUARY 3, 2007 PLANNING COMMISSION STAFF REPORT
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DATE OF MEETING:
PREPARED BY:
PROJECT
DESCRIPTION:
RECOMMENDATION:
CEQA:
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
January 3. 2007
Dana Schuma
TITLE:
Associate Planner
Planning Application Nos. PA06-0098 and PA06-0060, a Tentative
Parcel Map (TPM 34715) and a Development Plan application for a
multi-family residential project to construct 97 condominium units on
8.9 gross acres. The project site is located within Planning Area 13
of the Redhawk Specific Plan, generally at the southeast corner of
Peach Tree Street and Deer Hollow Way.
IZI Approve with Conditions
o Deny
o Continue for Redesign
o Continue to:
o Recommend Approval with Conditions
o Recommend Denial
o Categorically Exempt
(Section)
(Class)
IZI Notice of Determination
(Section) 15162
o Negative Declaration
o Mitigated Negative Declaration with Monitoring Plan
DEIR
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PROJECT DATA SUMMARY
Name of Applicant: Artisan Communities
Date of Completion: March 8, 2006 (DP) and April 5, 2006 (TPM)
Mandatory Action Deadline Date: January 3, 2006
General Plan Designation: Medium (M)
Zoning Designation: Redhawk Specific Plan NO.9
Site/Surrounding Land Use:
Site:
Vacant
North:
South:
East:
West:
Single-Family Residences
Golf Course and Sing)e-Family Residences
Golf Course and Single-Family Residences
Great Oak High School
Lot Area:
7.6 net acres / 8.9 gross acres
Total Floor Area/Ratio:
219,173 SF / 0.57 FAR
Landscape Area/Coverage:
119,756 SF /36 percent coveraqe
Parking Required/Provided:
194 covered spaces required/194 covered spaces
provided
49 uncovered spaces required/49 uncovered spaces
provided
16 guest parking spaces required/16 guest parking spaces
provided
BACKGROUND SUMMARY
Staff has worked with the applicant to ensure that all concerns have been addressed, and the
applicant concurs with the recommended Conditions of Approval.
A Pre-Application was submitted on September 1, 2005. A DRC meeting was held on October
13, 2005, where staff provided feedback on the site plan and architecture, specifically
referencing the need for more articulation of the individual units and additional building detail.
The Development Plan application was submitted on March 8, 2006, and the Tentative Map on
April 5, 2006. A DRC meeting to discuss the Development Plan was held on April 13, 2006,
and a subsequent DRC meeting was held on May 11, 2006, to discuss the Tentative Map.
Between several meetings and resubmittals, staff worked with the applicant and provided
feedback on the site plan and the architecture to achieve a quality project.
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ANALYSIS
Tentative Mao
The proposed Tentative Parcel Map (TPM 34715) is for condominium purposes to create one
condominium lot. The condominium lot would be configured to create 97 residential
condominiums for individual ownership. The Tentative Map is consistent with the development
standards for a residential subdivision and meets the minimum lot size, width, and depth
requirements for the Medium Density zone. This project has been conditioned to record a final
map prior to issuance of a building permit in order to ensure conformance with the Subdivision
Ordinance. The applicant must complete off site improvements to the satisfaction of the Public
Works Department and CC&R's must be reviewed and approved by the Director of Planning
prior to map recordation.
Site Plan
Multi-family housing is a permitted use in Planning Area 13 of the Redhawk Specific Plan.
Planning Area 13 was planned for medium to high density residential land uses. Per the
Redhawk Specific Plan, the land use development standards for Planning Area 13 shall
reference the County of Riverside Ordinance No. 348. However, since Ordinance No. 348
does not apply to the City ot Temecula's jurisdiction, the project is subject to the development
standards contained in the City's Development Code for the Medium Density Residential zone.
The proposed project is consistent with the development standards contained in the Redhawk
Specific Plan (SP-9) and the Development Code. The proposed total lot coverage for the
project is 34 percent with a proposed density of 11 dwelling units per acre. The zone allows for
a maximum 35 percent lot coverage and a maximum density of 12 units per acre. The building
setbacks, separations, and heights also meet the requirements of the zoning. The maximum
height allowed is 40 feet and the proposed buildings are 31 feet. The minimum building
separation allowed by the zone and proposed for the development is 10 feet. The average
building setback is 15 feet along Deer Hollow Way and Peach Tree Street. In addition, the site
plan provides adequate circulation for the future residences and emergency vehicles.
Access to the site will be provided from two points of ingress/egress off Peach Tree Street.
Both entries off Peach Tree Street will be gated. Additionally, a restricted emergency vehicle
access is provided off Deer Hollow Way. A 24 foot-wide drive is provided throughout the site's
interior with round-a-bouts for traffic calming within the complex.
An 8,061 square foot recreational area is also proposed for the residents. The facility will allow
resident access to a pool and spa, a community room, and an open space picnic and
barbeque area. A pathway and guest parking has been provided throughout the site to allow
for convenient pedestrian movement from the units to the recreation facilities.
Building Placement
There will be a total of 97 condominium units within 21 buildings. Two buildings will contain
twelve units, one building will contain eight units, two buildings will contain seven units, three
buildings will contain six units, ten buildings will contain 3 units, and three buildings will contain
1 unit. The buildings are proposed to have a stacked configuration with two stories overall.
G:\Planning\2006\PA06.o060 Redhawk PA 13. Multi.Family DPlPlanninglStalf Report PA06.o060 & PA06-G098.doc
3
The buildings have been plotted to provide variation in the street scene. The buildings vary in
size and shape and have been placed in such a way as to avoid repetition of the same
materials for the elevations. The project proposes six different unit floor plans ranging in size
from 1,569 square feet to 2,301 square feet available in single and two-story configurations.
The residential units are oriented with the garages facing an interior courtyard. The units
facing the street will have upper level balconies and ground level patios.
The building placement, orientation, and landscaping will provide for an enhanced and
interesting streetscape along Deer Hollow Way, Peach Tree Street, and the golf course. In
addition, a slump-stone block wall and wrought iron fence combination will be used along the
perimeter of the golf course to preserve views and establish consistency with the overall
appearance of the surrounding Redhawk Community.
Building Elements/Mass, Height, and Scale
The Redhawk Specific Plan requires articulation of wall planes, proportionate massing and
scale, and varying roof forms. Each elevation provides careful articulation and architectural
enhancements. Visual interest is achieved through the use of projections and recesses to
provide shadow and depth. Varying roof forms, unit floor plans, and building size create a
variation in height and scale. Staff believes the roof pitches also provide variety in the street
scene and that they are representative of the proposed architectural styles. The building
elevations are visually broken up with building plane offsets and sloping roof lines. The
massing is reduced with balconies, covered entryways, and pop-out elements on the second
story. These elements have been provided on all four sides of the buildings.
Architecture
The project proposes two distinct architectural styles for the buildings. The 21 buildings will
have varying Monterey and Santa Barbara architectural styles in six color schemes. The
proposed architectural styles are consistent with, and exceed all design requirements of the
Architectural Design Manual contained in Redhawk Specific Plan. The proposed elevations
achieve a quality appearance which is compatible with the surrounding neighborhoods. The
condominium units also allow for additional visual variety along the streetscape and within the
residential area.
The various materials and features proposed for the Santa Barbara style include a sand stucco
finish with accent trims, arched stucco chimneys, arched entryways, decorative cornices and
corbels, arched and recessed windows with mullion accents, wood shutters, and decorative
foam trim elements including wood fascias and flower pot shelves, wrought iron detailing,
wrought iron railings and faux balconies, decorative vent pipes, and concrete "S" tile roofs.
The various materials and features proposed for the Monterey style include a sand stucco
finish with accent trims, exposed and extended rafter tails, wood knee braces, balconies with
wood posts and wrought iron railings, wood corbels and decorative foam elements including
wood fascias and flower pot shelves, covered entryways, decorative wood shutters, multi-pane
windows, and low profile concrete "S" tile roofs.
G:\Planning\2006\PA06-G060 Redhawk PA 13 - Multi.Family OP\PlanninglSlaff Report PA06-G060 & PA06-009B.doc
4
The applicant has provided specific details which are unique to each proposed architectural
style and elevation. Articulation is provided on all sides of the buildings and the two proposed
styles are defined from one another through the use of door and window types, window and
door trim, garage door design, materials such as wrought iron details, roof type and pitch, and
the overall silhouette. Staff believes the architecture meets the intent of the City's Design
Guidelines and complements the adjacent residential architecture.
Materials and Colors
The project includes variation in both building materials and colors, which help to provide
variation and interest as well as break up the massing of the two-stories. The elevations
proposed provide six color schemes which will bring variety to the street scene. Roof materials
are compatible with the elevation style and complement the primary building color. The intent
of the Redhawk Specific Plan has been achieved by ensuring the use of complementary
colors, materials, and textures throughout the entire development.
Landscaping
The landscaping plan as conditioned conforms to the landscape requirements of the Redhawk
Specific Plan, Development Code, and Design Guidelines. The project proposes to landscape
36 percent of the site. The project provides landscaping around the perimeter of the site and
between the structures. Fifteen-gallon Camphor trees have been proposed along Deer Hollow
Way and fifteen-gallon Honey Locust trees have been proposed along Peach Tree Street to
match the existing street trees. Thirty-six inch box London Planes have been proposed at the
entry into the site from Peach Tree. Aleppo Pines are proposed between the buildings along
the golf course to screen and soften the elevations. Each of the buildings is screened and
softened with vines and shrubs within the courtyards and trees around the entire perimeter of
the building. The common open space or HOA maintained landscaped areas account for 20
percent of the landscaping on site. Additionally, each unit has been provided with at least 200
square feet of private open space for a total of 44,678 square feet and 14 percent of the open
space provide on the site. The recreation area accounts for approximately 2 percent and will
be landscaped with Aleppo Pines, Crepe Myrtles, and Chitalpas. Staff believes the
landscaping is complementary to the architecture and accurately shades, screens, and softens
the development.
Staff received two letters from the Redhawk Community Association (attached) regarding the
proposed walls and fencing for the project. The Community Association expressed concern
over the consistency of the walls along the perimeter of the site and the color of the wood
fencing on the interior of the site. Staff believes the project as proposed is consistent with the
surrounding residential developments and has conditioned the project for a final wall and
fencing plan prior to building permit issuance (Condition of Approval No. 69.i).
ENVIRONMENTAL DETERMINATION
The proposed project has been determined to be consistent with the Redhawk Specific Plan
EIR adopted by the County of Riverside and is, therefore, exempt from further Environmental
Review (CEQA Section 15162, subsequent EIR's and Negative Declarations).
G:\Planning\2006\PA06'OO60 Redhawk PA 13 - Multi.Famlly OPlPlanninglStaff Report PAOS-Q060 & PAOS-Q098.doc
5
CONCLUSION/RECOMMENDATION
Staff has determined that the proposed project, as conditioned, is consistent with the City's
General Plan, Redhawk Specific Plan, Development Code, and all applicable ordinances,
standards, guidelines, and policies. Therefore, staff recommends that the Planning
Commission adopt a Resolution approving the proposed Tentative Parcel Map (TPM 34715)
and Development Plan with the attached Conditions of Approval.
FINDINGS
Tentative Parcel Map (16.09.140)
1. The proposed subdivision and the design and improvements of the subdivision are
consistent with the Development Code, General Plan, and the City of Temecula
Municipal Code.
Tentative Parcel Map No. 34715 is consistent with the Development Code, General
Plan, and the Municipal Code because the project meets design standards as required
in the Development Code, General Plan, and the Municipal Code.
2. The tentative map does not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965, or the land is
subject to a Land Conservation Act contract but the resulting parcels following division
of the land will not be too small to sustain agricultural use.
The proposed land division is not land designated for conservation or agricultural use.
3. The site is physically suitable for the type and proposed density of development
proposed by the Tentative Map.
The project consists of a Parcel Map for condominium purposes on property designated
as Medium Density Residential. Multi-family housing is a use consistent with the
General Plan and Redhawk Specific Plan land use designation. The proposed
tentative map conforms to the proposed Development Plan (pA06-0060) for residential
condominium units. The Development Plan must be approved prior to recordation of
the final map, thereby ensuring that the site is suitable for the type and proposed
density of the development.
4. The design of the subdivision and the proposed improvements, with Conditions of
Approval are not likely to cause significant environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
G:IPlanning\2006\PA06-0060 Redhawk PA 13. Multi.Family OP\PlanninglStaff Report PA06.o060 & PA06-0098.doc
6
The project consists of a Parcel Map on property designated for Medium Density
Residential. Multi-family housing is a use consistent with the General Plan and
Redhawk Specific Plan land use designation. As designed and conditioned, the project
is not likely to cause significant environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
5. The design of the subdivision and the type of improvements are not likely to cause
serious public health problems.
The project has been reviewed and conditioned by the Fire Prevention Bureau, the
Public Works Department, and the Building and Safety Department. Furthermore,
provisions are made in the General Plan, the Redhawk Specific Plan, and the
Development Code to ensure that the public health, safety and welfare are
safeguarded. The project is consistent with these documents.
6. The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible.
The proposed Tentative Parcel Map has been designed to provide for future passive or
natural heating and cooling opportunities in the subdivision to the extent feasible,
because the construction plans will comply with all applicable building codes and State
energy guidelines.
7. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large for access through or use of property within
the proposed subdivision, or the design of the alternate easements which are
substantially equivalent to those previously acquired by the public will be provided.
All required rights-of-way and easements have been provided on the Tentative Map.
The City has reviewed these easements and has found no potential conflicts.
8. The subdivision is consistent with the City's parkland dedications requirements
(Quimby).
As conditioned, the subdivision is consistent with the dedication requirement.
Development Plan (17.05.01O.F)
1. The proposed project is in conformance with the General Plan for Temecula and with
all applicable requirements of State law and other ordinances of the City.
G:IPlanning\2006\PA06.o060 Redhawk PA 13. Multi-Family DPlPlanninglStaff Report PA06.o060 & PA06-Q098.doc
7
The proposed multi-family condominium units are permitted in the Medium Density land
use designation standards contained in the Redhawk Specific Plan and the City's
Development Code. The project is also consistent with the Medium land use
designation contained in the General Plan. The site is properly planned and zoned,
and as conditioned, is physically suitable for the type and density of the residential
development proposed. The project, as conditioned, 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.
2. The overall development of the land is designed for the protection of the public health,
safety, and public welfare.
The overall design of the condominium unit project, including the site, parking,
circulation and other associated improvements, is consistent with, and is intended to
protect the health and safety of those within and around the site. The project has been
reviewed for, 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 public health, safety
and welfare.
ATTACHMENTS
1. Vicinity Map - Slue Page 9
2. Plan Reductions - Slue Page 10
3. PC Resolution 07-_ - Slue Page 11 (Tentative Parcel Map)
Exhibit A - Draft Conditions of Approval
4. PC Resolution 07-_ - Blue Page 12 (Development Plan)
5. Redhawk Community Association Letters - Blue Page 13
6. Applicant Response Letter - Slue Page 14
G:\Planning\2006\PA06.o060 Redhawk PA 13. Mulli-Family OPlPlanning\Staff Report PA06.o060 & PA06.o098.doc
8
ATTACHMENT NO.1
VICINITY MAP
G:IPlanning\2006IPA06-Q060 Redhawk PA 13. Multi-Family DPlPlanninglStaff Report PA06.0060 & PA06.o098.doc
9
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ATTACHMENT NO.3
PC RESOLUTION 07-_
TENTATIVE PARCEL MAP
G:IPlanning\2006IPA06,0060 Redhawk PA 13 - Multi,Family DPIPlanninglStaff Report PA06-Q060 & PA06-0098,doc
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PC RESOLUTION NO. 07-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA06-0098, A TENTATIVE PARCEL MAP (TPM 34715)
FOR CONDOMINIUM PURPOSES FOR 97 RESIDENTIAL
CONDOMINIUM UNITS ON 8.9 ACRES GENERALLY LOCATED
AT THE SOUTHEAST CORNER OF DEER HOLLOW WAY AND
PEACH TREE STREET (APN 962-020-012)
Section 1. Procedural Findinos. The Planning Commission of the City of Temecula
does hereby find, determine and declare that:
A. On March 8. 2006, Artisan Communities filed Planning Application No, PA06-
0098, a Tentative Parcel Map for Condominium Purposes, 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 3,2007, 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 Commission hearing and after due consideration of the
testimony, the Commission recommended approval of the Application subject to and based
upon the findings set forth hereunder.
E.
F.
reference,
All legal preconditions to the adoption of this Resolution have occurred.
That the above recitations are true and correct and are hereby incorporated by
Section 2. Findinos, The Planning Commission, in approving the Application hereby
makes the following findings as required by Section 16,09,140 of the Temecula Municipal Code.
A. The proposed subdivision and the design and improvements of the subdivision
are consistent with the Development Code, General Plan, and the City of Temecula Municipal
Code;
Tentative Parcel Map No, 34715 is consistent with the Development Code, General
Plan, and the Municipal Code because the project meets design standards as required
in the Development Code, General Plan, and the Municipal Code,
B. The Tentative Map does not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a
Land Conservation Act contract but the resulting parcels following division of the land will not be
too small to sustain agricultural use;
The proposed land division is not land designated for conservation or agricultural use.
G:\Plaoning\2006\PA06-0098 Redhawk PAl3 TPM\Planning\Draft RESO PA06-0098.doc
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C. The site is physically suitable for the type and proposed density of development
proposed by the Tentative Map;
The project consists of a Parcel Map for condominium purposes on property designated
as Medium Density Residential, Multi-family housing is a use consistent with the
General Plan and Redhawk Specific Plan land use designation. The proposed tentative
map conforms to the proposed Development Plan (PA06-0060) for residential
condominium units. The Development Plan must be approved prior to recordation of the
final map, thereby ensuring that the site is suitable for the type and proposed density of
the development.
D. The design of the subdivision and the proposed improvements, with conditions of
approval are not likely to cause significant environmental damage or substantially and avoidably
injure fish or wildlife or their habitat;
The project consists of a Parcel Map on property designated for Medium Density
Residential, Multi-family housing is a use consistent with the General Plan and
Redhawk Specific Plan land use designation. As designed and conditioned, the project
is not likely to cause significant environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
E. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems;
The project has been reviewed and conditioned by the Fire Prevention Bureau, the
Public Works Department, and the Building and Safety Department. Furthermore,
provisions are made in the General Plan, the Redhawk Specific Plan, and the
Development Code to ensure that the public health, safety and welfare are safeguarded.
The project is consistent with these documents,
F. The design of the subdivision provides for future passive or natural heating or
cooling opportunities in the subdivision to the extent feasible;
The proposed Tentative Parcel Map has been designed to provide for future passive or
natural heating and cooling opportunities in the subdivision to the extent feasible,
because the construction plans will comply with all applicable building codes and State
energy guidelines,
G. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large for access through or use of property within the
proposed subdivision, or the design of the alternate easements which are substantially
equivalent to those previously acquired by the public will be provided;
All required rights-of-way and easements have been provided on the Tentative Map,
The City has reviewed these easements and has found no potential conflicts.
H,
(Quimby);
The subdivision is consistent with the City's parkland dedications requirements
As conditioned, the subdivision is consistent with the dedication requirement.
G:\Planning\2006\PA06-OO98 Redh.wk PAl3 TPMlPlanning\Dr.lft RESO PA06-0098,doc
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Section 3, Environmental Comoliance. The proposed project has been determined
to be consistent with the previously adopted Redhawk Specific Plan EIR and is therefore
exempt from further Environmental Review (CEQA Section 15162, subsequent EIR's and
Negative Declarations).
Section 4. Conditions. The Planning Commission of the City of Temecula hereby
approves Planning Application No. PA06-0098, a Tentative Parcel Map (TPM 34715) for
condominium purposes for 97 residential units on 8.9 acres generally located at the southeast
corner of Deer Hollow Way and Peach Tree Street, 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 3rd day of January 2007,
Ron Guerriero, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that the forgoing PC Resolution No, 07- was duly and regularly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof held on the 3rd day of January
2007, by the following vote:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
ABSTAIN:
Debbie Ubnoske, Secretary
G:\Planning\2006\PA06-OO98 Redhawk PAl3 TPMlPlannmglDraft RESO PA06.0098,doc
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EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
G:\Planning\2006\PA06<<0098 Redhawk PA13 TPM\Planning\Draft RESO PA06-0098.doc
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA06-0098
Project Description:
A Tentative Parcel Map (TPM 34715) for Condominium
purposes for 97 residential condominium units located
within Planning Area 13 of the Redhawk Specific Plan,
generally at the southeast corner of Deer Holllow Way
and Peach Tree Street
Assessor's Parcel No.:
962-020-012
MSHCP Category:
Residential (8,1 -14 DulAc)
DIF Category:
TUMF Category:
Residential - Attached
Residential - Multi-Family
Tentative Parcel Map No.: TM 34715
Approval Date:
January 3, 2007
Expiration Date:
January 3, 2010
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 Califomia 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)),
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GENERAL REQUIREMENTS
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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 tentative subdivision shall comply with the State of California Subdivision Map Act and
to all the requirements of Ordinance No, 460, unless modified by the conditions listed below,
A time extension may be approved in accordance with the State Map Act and City
Ordinance, upon written request, if made 60 days prior to the expiration date.
4, 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
deerned 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.
5. If phasing is proposed, a chasinG olan shall be submitted to and approved by the Planning
Director.
6, A Homeowners Association rnay not be terminated without prior City approval.
Public Works Department
7, It is understood that the Developer correctly shows on the tentative map all existing and
proposed easements, traveled ways, irnprovement constraints and drainage courses, and
their omission rnay require the project to be resubmitted for further review and revision.
8. A Grading Permit for either rough or precise grading shall be obtained from the Department
of Public Works prior to commencement of any construction outside of the City-maintained
road right-of-way,
9. An Encroachment Permit shall be obtained from the Department of Public Works prior to
cornmencement of any construction within an existing or proposed City right-of-way.
10. All improvement plans, grading plans shall be coordinated for consistency with adjacent
projects and existing improvements contiguous to the site and shall be submitted on
standard 24" x 36" City of Temecula mylars.
Fire Prevention
11. Any and all previous existing conditions for this project will remain in full force and effect
unless superceded by more stringent requirements here,
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12. Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau, These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which are in
force at the time of building plan subrnittal.
13. The Fire Prevention Bureau is required to set a rninimum fire flow for residential land division
per CFC Appendix liLA, Table A-fII-A-1. The developer shall provide for this project, a water
system capable of delivering 1500 GPM at 20 PSI residual operating pressure with a two
hour duration. The Fire Flow as given above has taken into account all inforrnation as
provided (CFC 903,2, Appendix III.A),
14, The Fire Prevention Bureau is required to set rninimurn fire hydrant distances per CFC
Appendix I/I.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be
located on Fire Department access roads and adjacent public streets, Hydrants shall be
spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet
frorn any point on the street or Fire Departrnent access road(s) frontage to a hydrant. The
required fire flow shall, be available from any adjacent hydrant(s) in the system. The upgrade
of existing fire hydrants may be required (CFC 903,2, 903,4.2, and Appendix III-B).
15. Maximurn cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-
de-sac shall be thirty-seven feet for residential and forty-five feet for commercial (CFC
902.2.2.3, CFC 902.2.2.4).
16. If construction is phased, each phase shall provide approved access and fire protection prior
to any building construction (CFC 8704.2 and 902,2,2).
17. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by firefighting personnel (CFC 902.4).
18. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four feet and an unobstructed vertical clearance of not less than thirteen feet six (6)
inches (CF~ 902,2.2.1 and Ord 99-14).
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PRIOR TO RECORDATION OF THE FINAL MAP
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Planning Department
19. The following shall be submitted to and approved by the Planning Division:
a, A copy of the Final Map,
b, A copy of the Environmental Constraint Sheet (ECS) with the following notes:
i. This property is located within 30 miles of Mount Palomar Observatory, All
proposed outdoor lighting systems shall comply with the California Institute of
Technology, Palomar Observatory recommendations, Ordinance No, 655.
c. A copy of the Covenants, Conditions, and Restrictions (CC&R's):
i. CC&R's shall be reviewed and approved by the Planning Director. The
CC&R's shall include liability insurance and methods of maintaining open
space, recreation areas, parking areas, private roads, exterior of all buildings
and all landscaped and open areas including parkways.
ii. The CC&R's shall be prepared at the developer's sole cost and expense.
iii. The CC&R's shall be in the form and content approved by the Planning
Director, City Engineer and the City Attorney and shall include such
provisions as are required by this approval and as said officials deem
necessary to protect the interests of the City and it's residents.
iv. The CC&R's and Articles of Incorporation of the Property Owner's
Association are subject to the approval of the Planning and Public Works
Departments and the City Attorney. They shall be recorded concurrent with
the final map, A recorded copy shall be provided to the City.
v. The CC&R's shall provide for the effective establishment, operation,
management, use, repair and maintenance of all common areas, drainage
and facilities.
vi. The CC&R's shall provide that the property shall be developed, operated and
maintained so as not to create a public nuisance.
vii. The CC&R's shall provide that the association may not be terminated without
prior City approval.
viii. The CC&R's shall provide that if the property is not maintained in the
condition required by the CC&R's, then the City, after making due demand
and giving reasonable notice, may enter the property and perform, at the
owner's sole expense, any maintenance required thereon by the CC&R's or
the City Ordinances. The property shall be subject to a lien in favor of the
City to secure any such expense not promptly reimbursed.
ix. Every owner of a suite or lot shall own as an appurtenance to such suite or
lot, either (1) an undivided interest in the common areas and facilities, or (2)
a share in the corporation, or voting membership in an association owning
the common areas and facilities.
x. All open areas and landscaping shall be permanently maintained by the
association or other means acceptable to the City. Such proof of this
maintenance shall be submitted to the Planning and Public Works
Department prior to the issuance of building permits.
xi. Reciprocal access easements and maintenance agreements ensuring
access to all parcels and joint maintenance of all roads, drives or parking
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areas shall be provided by the CC&R's or by deeds and shall be recorded
concurrent with the map or prior to the issuance of building permit where no
map is involved,
20. No lot or suite in the development shall be sold unless a corporation, association, property
owner's group or similar entity has been formed with the right to assess all properties
individually owned or jointly owned which have any rights or interest in the use of the
common areas and common facilities in the development, such assessment power to be
sufficient to meet the expenses of such entity, and with authority to control, and the duty to
maintain, all of said mutually available features of the development. Such entity shall
operate under recorded CC&R's, which shall include compulsory membership of all owners
of lots and/or suites and flexibility of assessments to meet changing costs of maintenance,
repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions
required as Conditions of Approval. The developer shall submit evidence of compliance with
this requirement to, and receive approval of, the City prior to making any such sale. This
condition shall not apply to land dedicated to the City for public purposes.
21. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Public Works Department
Prior to Approval of the Parcel Map, unless other timing is indicated, the Developer shall complete
the following or have plans submitted and approved, subdivision improvement agreements executed
and securities posted:
22. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Rancho California Water District
c, Eastern Municipal Water District
d, City of Temecula Fire Prevention Bureau
e. Planning Department
f. Department of Public Works
g. Community Services District
23. The Developer shall design and guarantee construction of the following public improvements
to City of Temecula General Plan standards unless otherwise noted. Plans shall be
reviewed and approved by the Department of Public Works:
a. Improve Deer Hollow Way (Secondary Highway Standards - 88' RlW) to include
dedication of full-width, installation of full-width street improvements, sidewalk, street
lights, drainage facilities, signing and striping, utilities (including but not limited to
water and sewer),
b, Improve Peachtree Street (Collector Road Standards - 66' RlW) to include
dedication of full-width street right-of-way, installation of full-width street
improvements, sidewalk, street lights, drainage facilities, signing and striping, utilities
(including but not limited to water and sewer).
G:\Planning\2006IPA06.oo98 Aedhawk PA13 TPMIPlanninglDraft COA,doc
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24. Unless otherwise approved the following minimum criteria shall be observed in the design of
the street improvement plans:
a, Street centerline grades shall be 0.5% minimum over P .C.C, and 1.00% minimum
over A.C. paving,
b. Driveways shall conform to the applicable City Standard Nos. 207A.
c. Street lights shall be installed along the public streets shall be designed in
accordance with City Standard No. 800.
d. Concrete sidewalks shall be constructed in accordance with City Standard No. 400.
e. All street and driveway centerline intersections shall be at 90 degrees,
f. All knuckles shall be constructed in accordance with City Standard No. 602.
g, All cul-de-sacs shall be constructed in accordance in City Standard No. 600,
h, All utility systems including gas, electric, telephone, water, sewer, and cable TV shall
be provided underground, Easements shall be provided as required where
adequate right-of-way does not exist for installation of the facilities. All utilities shall
be designed and constructed in accordance with City Codes and the utility provider.
i. All utilities, except electrical lines rated 34kv or greater, shall be installed
underground
25. Private roads shall be designed to meet City public road standards. Unless otherwise
approved the following minimum criteria shall be observed in the design of private streets:
a, Minimum road widths of 24-ft paved with 24-ft right-of-ways or easements (shown
on typical section),
b. Knuckles being required at 90 'bends' in the road.
c, Separation between on-site intersections shall meet current City Standards (200-ft.
minimum).
26. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and
reviewed by the Department of Public Works for any street closure and detour or other
disruption to traffic circulation as required by the Department of Public Works.
27. Relinquish and waive right of access to and from Deer Hollow Way and Peachtree Street on
the Parcel Map with the exception of 3 opening(s) as delineated on the approved Tentative
Parcel Map.
28. All easements and/or right-of-way dedications shall be offered for dedication to the public or
other appropriate agency and shall continue in force until the City accepts or abandons such
offers. All dedications shall be free from all encumbrances as approved by the Department
of Public Works.
29. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an
existing Assessment District must comply with the requirements of said section. Prior to City
Council approval of the Parcel Map, the Developer shall make an application for
reapportionment of any assessments with appropriate regulatory agency,
30. Any delinquent property taxes shall be paid,
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31, An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel
Map to delineate identified environmental concerns and shall be recorded with the map, A
copy ot the ECS shall be transmitted to the Planning Department for review and approval.
The following information shall be on the ECS:
32, The Developer shall comply with all constraints which may be shown upon an Environmental
Constraint Sheet recorded with any underlying maps related to the subject property.
33, The Developer shall make a good faith effort to acquire the required off-site property
interests, and if he or she should tail to do so, the Developer shall, prior to submittal of the
Parcel Map tor recordation, enter into an agreement to complete the improvements pursuant
to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall
provide for payment by the Developer ot all costs incu rred by the City to acquire the off-site
property interests required in connection with the subdivision. Security ot a portion of these
costs shall be in the form of a cash deposit in the amount given in an appraisal report
obtained by the Developer, at the Developer's cost. The appraiser shall have been
approved by the City prior to commencement of the appraisal.
34. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be
provided for underground, with easements provided as required, and designed and
constructed in accordance with City Codes and the utility provider. Telephone, cable TV,
and/or security systems shall be pre-wired in the residence.
35. A 24 foot easement shall be dedicated for public utilities and emergency vehicle access for
all private streets and drives.
36. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map or
issuance of building permits, whichever occurs first.
37. Easements, when required for roadway slopes, landscape easements, drainage facilities,
utilities, etc., shall be shown on the final map if they are located within the land division
boundary, All offers of dedication and conveyances shall be submitted for review and
recorded as directed by the Department of Public Works. On-site drainage facilities located
outside of road right-of-way shall be contained within drainage easements and shown on the
final map. A note shall be added to the final map stating "drainage easements shall be kept
free of buildings and obstructions. "
G:\Planning\2006\PA06-Q098 Radhawk PA 13 TPMlPlanninglDra<< COA,doc
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PRIOR TO ISSUANCE OF GRADING PERMITS
G:\Planning\2006\PA06-ll098 Redhawk PA 13 TPM\PlaoninglDraft CQAdoc
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Planning Department
38, 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:'
39. A copy of the Rough Grading plans shall be submitted and approved by the Planning
Department.
Public Works Department
40. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Planning Department
c. Department of Public Works
41, A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of
Temecula standards and approved by the Department of Public Works prior to
commencement of any grading. The plan shall incorporate adequate erosion control
measures to protect the site and adjoining properties from damage due to erosion.
42. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the
Department of Public Works with the initial grading plan check. The report shall address all
soils conditions of the site, and provide recommendations for the construction of engineered
structures and preliminary pavement sections.
43, A Geotechnical Report shall be prepared by a registered engineer or engineering geologist
and submitted to the Department of Public Works with the initial grading plan check, The
report shall address special study zones and identify any geotechnical hazards for the site
including location of faults and potential for liquefaction. The report shall include
recommendations to mitigate the impact of ground shaking and liquefaction.
44, A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the
Department of Public Works with the initial grading plan check. The study shall identify
storm water runoff quantities expected from the development of this site and upstream of the
site. It shall identify all existing or proposed off-site or on-site, public or private, drainage
facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall
G:\Planning\2006\PAOS-0098 R.dhawk PA13 TPMlPlanninglDraft COA,doc
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capable of receiving the storm water runoff without damage to public or private property,
The study shall include a capacity analysis verifying the adequacy of all facilities. Any
upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall
be provided as part of development of this project. The basis for analysis and design shall
be a storm with a recurrence interval of one hundred years.
45, Construction-phase pollution prevention controls shall be consistent with the City's Grading,
Erosion & Sediment Control Ordinance and associated technical manual, and the City's
standard notes for Erosion and Sediment Control.
46. The project shall demonstrate coverage under the State NPDES General Permit for
Construction Activities by providing a copy of the Waste Discharge Identification number
(WOlD) issued by the State Water Resources Control Soard (SWRCS). A Stormwater
Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of
construction activities.
47. The Developer shall post security and enter into an agreement guaranteeing the grading and
erosion control improvements in conformance with applicable City Standards and subject to
approval by the Department of Public Works.
48. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check or
money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If
the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid.
49. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by
providing documented evidence that the fees have already been paid.
50. All lot drainage shall be directed to the driveway by side yard drainage swales independent
of any other lot.
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PRIOR TO ISSUANCE OF BUILDING PERMITS
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Public Works Department
51, A Parcel Map shall be approved and recorded,
52, The Developer shall vacate and dedicate the abutters rights of access along Deer Hollow
Way and Peachtree Street pursuant to the new location of the driveway
53. A Precise Grading Plan shall be submitted to the Department of Public Works for review and
approval. The building pad shall be certified by a registered Civil Engineer for location and
elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction
and site conditions,
54. Grading of the subject property shall be in accordance with the California Building Code, the
approved grading plan, the conditions of the grading permit, City Grading Standards and
accepted grading construction practices. The final grading plan shall be in substantial
conformance with the approved rough grading plan.
55. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15,06 of the Temecula Municipal Code and all
Resolutions implementing Chapter 15.06,
56. 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.
Fire Prevention
57. Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed. Temporary Fire Department access roads shall be an all weather surface for
80,000 Ibs GVW (CFC 8704.2 and 902.2.2,2).
58. Prior to building construction, dead end road ways and streets in excess of one hundred and
fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus (CFC 902.2,2.4).
59, Prior to building construction, this development, and any street within serving more than 35
homes shall have two (2) points of access, via all-weather surface roads, as approved by the
Fire Prevention Bureau (CFC 902.2.1).
60. Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be:
signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature
block; and conform to hydrant type, location, spacing and minimum fire flow standards. After
the plans are signed by the local water company, the originals shall be presented to the Fire
Prevention Bureau for signatures. The required water system including fire hydrants shall be
installed and accepted by the appropriate water agency prior to any combustible building
materials being placed on an individual lot (CFC 8704.3, 901.2,2.2 and National Fire
Protection Association 24 1-4,1),
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PRIOR TO ISSUANCE OF OCCUPANCY PERMITS
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Public Works Department
61, The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP
have been constructed and installed in conformance with approved plans and are ready for
immediate implementation.
62, As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c, Department of Public Works
63, All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works,
64, All improvements shall be constructed and completed per the approved plans and City
standards to the satisfaction of the Director of Public Works.
65, The existing improvements shall be reviewed. Any appurtenance damaged or broken due to
the construction operations of this project shall be repaired or removed and replaced to the
satisfaction of the Director of Public Works,
Fire Prevention
66. Prior to building final, all locations where structures are to be built shall have approved Fire
Department vehicle access roads to within 150 feet to any portion of the facility or any
portion of an exterior wall of the building(s). Fire Department access roads shall be an all
weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet
(CFC sec 902 and Ord 99-14).
67, Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers'
shall be installed to identify fire hydrant locations (CFC 901 .4.3).
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OUTSIDE AGENCIES
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68. The applicant shall comply with the recommendations set forth in the County of Riverside
Department of Environmental Health's transmittal April 18, 2006, a copy of which is
attached,
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 Signature
Date
Applicant's Printed Name
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D UJJNTY OF RIVERSIDE . HEAL., I SERVICES AGENCY D
DEPARTMENT OF ENVIRONMENTAL HEALTH
April 18, 2006
~~:~::~~
By Planning Department
City of Temecula Planning Department
P.O. ,Box 9033
Temecula, CA 92589-9033
ATTN: Veronica McCoy:
RE: PARCEL MAP NO. 34715
(ILOT)
Dear Ms. McCoy:
1. The Department of Environmental Health has reviewed Parcel Map No, 34715 and
recommends:
a A water system shall be installed according to plans and specifications as approved
by the Water company and the Environmental Health Department. Permanent
prints of the plans of the water system shall be submitted in triplicate, with a
minimwn scale not less than one inch equals 200 feet, along with the original
drawing to the County Surveyor's Office, The prints shall show the internal pipe
diameter, location of valves and fire hydrants; pipe and joint specifications, and the
size of the main at the junction of the new system to the existing system. The
plans shall comply in all respects with Div, 5, Part I, Chapter 7 of the California
Health and Safety Code, California Administrative Code, Title II, Chapter 16, and
General Order No. 103 of the Public Utilities Connnission of the State of
California, when applicable. The plans shall be signed by a registered engineer and
water company with the following certification: "1 certifY that the design of the
water system in Parcel Map No. 34715 is in accordance with the water system
expansion plans of the Rancho California Water District and that the water
services, storage, and distribution system will be adequate to provide water service
to such "Parcel Map". This certification does not constitute a guarantee that it will
supply water to such Parcel Map at any specific quantities, flows or pressures for
fire protection or any other purpose. This certification shall be signed by a
responsible official of the water company. The DIans mnst be submitted to the
Countv Survevor's Office to review at least two weeks PRIOR to the reouest for
the recordation of the final maD, This Department has no written verification of
water service from Rancho California Water District,
Local Enforcement Agency' Po. Box 1280. Riverside, CA 92502,1280 . (909) 955,8982 . FAX (909) 781,9653 . 4080 Lemon Street, 9th Floor. Riverside, CA 92501
land Use and Water Engineering. PO Box 1206, Riverside, CA 92502-1206 . (909) 955,8930 . FAX (909) 955,8903 . 4080 Lemon Sheet 2nd Floor, Riv~r5ide, CA 92501
Page Two
Attn: Veronica McCoy
April 18, 2006
2. This subdivision is within the Eastern Municipal Water District and shall be connected to
the sewers ofthe District, The sewer system shall be installed according to plans and
specifications as approved by the District, the County Surveyor's Office and the Health
Department, Permanent prints of the plans of the sewer system shall be submitted in
triplicate, along with the original drawing, to the County Surveyor's Office, The prints
shall show the internal pipe diameter, location of manholes, complete profiles, pipe and
joint specifications and the size of the sewers at the junction of the new system to the
existing system. A single plat indicating location of sewer lines and waterlines shall be a
portion of the sewage plans and profiles, The plans shall be singed by a registered
engineer and the sewer dist.rict with the following certification: "I certifY that the design
of the sewer system in Parcel Map No, 34715 is in accordance with the sewer system
expansion plans of the Eastern Municipal water District and that the waste disposal system
is adequate at this time to treat the anticipated wastes from the proposed Tract Map".
The plans must be submitted to the County Surveyor's Office to review at least two weeks
PRIOR to the request for the recordation of the finaI map. This Department has no
written verification of sewer service from Eastern Municipal Water District.
3. It wiI\ be necessary for financial arrangements to be completely fill3Ji7ed PRIOR to
recordation of the final map.
~SincerelY' ~
,
, VV\.'
am Martinez
Supervising Environmental Health Specialist
ATTACHMENT NO.4
PC RESOLUTION 07-_
DEVELOPMENT PLAN
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PC RESOLUTION NO, 07-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA06-0060, A DEVELOPMENT PLAN TO CONSTRUCT 97
RESIDENTIAL CONDOMINIUM UNITS ON 8.9 GROSS ACRES,
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
DEER HOLLOW WAY AND PEACH TREE STREET, APN 962-
020-012
Section 1. On March 8, 2006, Artisan Communities filed Planning Application No.
PA06-0060, a Development Plan, in a manner in accord with the City of Temecula General Plan
and Development Code.
A. The Application was processed including, but not limited to a public notice, in the
time and manner prescribed by State and local law.
B, The Planning Commission, at a regular meeting, considered the Application and
environmental review on January 3,2007, 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.
C. At the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission recommended approval of the Application subject to and based
upon the findings set forth hereunder.
D,
All legal preconditions to the adoption of this Resolution have occurred,
E.
reference,
That the above recitations are true and correct and are hereby incorporated by
Section 2. Findinas. The Planning Commission, in approving the Application hereby
makes the following findings as required by Section 17.05.010.F of the Temecula Municipal
Code,
A. The proposed project is in conformance with the General Plan for Temecula and
with all applicable requirements of state law and other ordinances of the City;
The proposed multi-family condominium units are permitted in the Medium Density land
use designation standards contained in the Redhawk Specific Plan and the City's
Development Code. The project is also consistent with the Medium land use
designation contained in the General Plan. The site is properly planned and zoned, and
as conditioned, is physically suitable for the type and density of the residential
development proposed. The project, as conditioned, 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.
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B. The overall development of the land is designed for the protection of the public
health, safety, and public welfare;
The overall design of the condominium unit project, including the site, parking, circulation
and other associated improvements, is consistent with, and is intended to protect the
health and safety of those within and around the site. The project has been reviewed
for, 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 public health, safety and
welfare.
Section 3. Environmental Comoliance, The proposed project has been determined
to be consistent with the previously adopted Redhawk Specific Plan EIR and is therefore
exempt from further Environmental Review (CEQA Section 15162, subsequent EIR's and
Negative Declarations).
Section 4. Conditions, The Planning Commission of the City of Temecula thereby
approves Planning Application No, PA06-0060, a Development Plan to construct 97 residential
condominium units on 8.9 acres generally located at the southeast corner of Deer Hollow Way
and Peach Tree Street, subject to the Conditions of Approval set forth on Exhibit A, attached
hereto, and incorporated herein by this reference
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 3rd day of January 2007,
Ron Guerriero, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that the forgoing PC Resolution No. 07- was duly and regularly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof held on the 3'd day of January
2007, by the following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA06-0060
Project Description:
A Development Plan application for a multi-family
residential project to construct 97 condominium units on
8.9 gross acres located within Planning Area 13 of the
Redhawk Specific Plan, generally atthe southeast corner
of Deer Hollow Way and Peach Tree Street.
Assessor's Parcel No.
962-020-012
MSHCP Category:
DIF Category:
Residential (8.1 -14.0 DulAc)
Residential - Attached
TUMF Category:
Residential - Multi-Family
Approval Date:
January 3, 2007
Expiration Date:
January 3, 2009
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 A(c)).
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GENERAL REQUIREMENTS
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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 retu rn 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. A separate building permit shall be required for all signage.
8. The development of the premises shall substantially conform to the approved site plan and
elevations contained on file with the Planning Department
9. 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.
Scheme 1
Material
Stucco
Accent
Trim
Roof
Color
Omega A147
Sherwin-Williams 7062 Rock Bottom
Sherwin-Williams 6062 Rugged Brown
Hanson Low Profile'S' tile H-536 Blend
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Scheme 2
Material
Stucco
Accent
Trim
Roof
Color
Omega A835
Sherwin-Williams 2837 Aurora Brown
Sherwin-Williams 6082 Cobble Brown
Hanson Low Profile'S' tile H-411
Scheme 3
Roof
Color
Omega A28
Sherwin-Williams 6272 Plum Brown
Sherwin-Williams 6082 Cobble Brown
Hanson Low Profile'S' tile H-532 Blend
Material
Stucco
Accent
Trim
Scheme 4
Material
Stucco
Accent
Trim
Roof
Color
Omega 14
Sherwin-Williams 0072 Deep Maroon
Sherwin-Williams 6068 Brevity Brown
Hanson Concrete'S' tile R-581
Scheme 5
Material
Stucco
Accent
Trim
Roof
Color
Omega 413
Sherwin-Williams 0041 Dark Hunter Green
Sherwin-Williams 6089 Grounded
Hanson Concrete'S' tile R-419 I R-420
Scheme 6
Material
Stucco
Accent
Trim
Roof
Color
Omega 15
Sherwin-Williams 6230 Rainstorm
Sherwin-Williams 6082 Cobble Brown
Hanson Concrete'S' tile R-567
10. 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
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11. The applicant shall paint a 3-foot x 3-foot section of the building for Planning Department
inspection, prior to commencing painting of the building.
12. The applicant shall submit to the Planning Department 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.
13, Trash enclosures shall be provided to house all trash receptacles utilized on the site. These
shall be clearly labeled on site plan,
14. The applicant shall comply with the building recommendations set forth in the Noise Analysis
dated October 6, 2005,
Public Works Department
15, A Grading Permit precise grading, including all on-site flat work and improvements, shall be
obtained from the Department of Public Works prior to commencement of any construction
outside of the City-maintained street right-of-way.
16. An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
17. All grading plans shall be coordinated for consistency with adjacent projects and existing
improvements contiguous to the site and shall be submitted on standard 24" x 36" City of
Temecula mylars.
18. The project shall include construction-phase pollution prevention controls and permanent
post-construction water quality protection measures into the design of the project to prevent
non-permitted runoff from discharging offsite or entering any storm drain system or receiving
water.
19. A Water Quality Management Plan (WQMP) must be accepted by the City prior to the initial
grading plan check. The WQMP will be prepared by a registered Civil Engineer and include
site design BMPs (Best Management Practices), source controls, and treatment
mechanisms,
Building and Safety Department
20. All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code;
California Administrative Code, Tille 24 Energy Code, California Tille 24 Disabled Access
Regulations, and the Temecula Municipal Code,
21. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area
wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on
March 31, 2003, this project will be subject to payment of these fees at the time of building
permit issuance. The fees, if applicable to the project, shall be subject to the provisions of
Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance,
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22. Submit at time of plan review, a complete exterior site lighting plans showing compliance
with Ordinance No, 655 for the regulation of light pollution, All street.lights and other outdoor
lighting shall be shown on electrical plans submitted to the Department of Building and
Safety, Any outside lighting shall be hooded and directed so as not to shine directly upon
adjoining property or public rights-of-way.
23. 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.
24. Obtain all building plans and permit approvals prior to commencement of any construction
work.
25, Show all building setbacks.
26. Developments with Multi-tenant Buildings or Shell Buildings shall provide a house electrical
meter to provide power for the operation of exterior lighting, irrigation pedestals and fire
alarm systems for each building on the site. Developments with Single User Buildings shall
clearly show on the plans the location of a dedicated panel in place for the purpose of the
operation of exterior lighting and fire alarm systems when a house meter is not specifically
proposed.
27. All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans. (California Disabled Access Regulations effective April 1, 1998)
28, Provide disabled access from the public way to the main entrance of the building.
29. Trash enclosures, patio covers, light standards, and any block walls if not on the approved
building plans, will require separate approvals and permits.
30, Obtain street addressing for all proposed buildings prior to submittal for plan review.
31. Signage shall be posted conspicuously at the entrance to the projectthat indicates the hours
of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21,
specifically Section G (1) of Riverside County Ordinance No. 457,73, for any site within one-
quarter mile of an occupied residence.
Monday-Friday 6:30 a.m. - 6:30 p.m.
Saturday 7:00 a.m. - 6:30 p.m.
No work is permitted on Sundays or Government Holidays
32. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29,
33. Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan applicable to scope of work for plan review.
34, Truss calculations that are stamped by the engineer of record and the truss manufacturer
engineer are required for plan review submittal.
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35. Provide precise grading plan at plan check submittal to check accessibility for persons with
disabilities.
36, A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
Fire Prevention
37. Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which are in
force at the time of building plan submittal.
38, The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all multi family residential buildings per CFC Appendix III.A, Table A-III-A-1,
The developer shall provide for this project, a water system capable of delivering 4,000 GPM
at 20 PSI residual operating pressure for a 4 hour duration, The Fire Flow as given above
has taken into account all information as provided (CFC 903.2, Appendix III-A). Temecula
Municipal Code 15.16.020
39. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. Hydrants shall be spaced at 350 feet apart, at each
intersection and shall be located no more than 210 feet from any point on the street or Fire
Department access road(s) frontage to an hydrant. The required fire flow shall be available
from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be
required (CFC 903.2, 903.4.2, and Appendix III-B).
40. If construction is phased, each phase shall provide approved access and fire protection prior
to any building construction (CFC 8704.2 and 902.2.2).
Community Services Department
41, All private streets, alleys as well as the parkways within the right of ways along Peachtree
Street and Deer Hollow Way, residential streetlights on private streets, open space,
pedestrian access areas, monumentation and fencing shall be maintained by an established
Home Owner's Association.
42. The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris, Only the City's franchisee may haul construction debris.
43. The trash enclosures shall be large enough to hold two bins, one dedicated to recycling and
one for other solid waste.
44. The Applicant shall comply with the Public Art Ordinance.
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PRIOR TO ISSUANCE OF GRADING PERMITS
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Planning Department
45. A copy of the rough grading plans shall be submitted and approved by the Planning
Department.
46. 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.
47. Double detector check valves shall be either installed underground or intemalto the project
site at locations not visible from the public right-of-way, subject to review and approval by the
Director of Planning.
48, The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural 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."
Public Works Department
49. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and
approved by the Department of Public Works. The grading plan shall include all necessary
erosion control measures needed to adequately protect adjacent public and private property.
50. The Developer shall post security and enter into an agreement guaranteeing the grading and
erosion control improvements in conformance with applicable City Standards and subject to
approval by the Department of Public Works.
51. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the
Director of the Department of Public Works with the initial grading plan check. The report
shall address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sections.
52. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to
the Department of Public Works with the initial grading plan check, The report shall address
special study zones and the geological conditions of the site, and shall provide
recommendations to mitigate the impact of ground shaking and liquefaction.
53. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in
accordance with City Standards identifying storm water runoff expected from this site and
upstream of this site, The study shall identify all existing or proposed public or private
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drainage facilities intended to discharge this runoff, The study shall also analyze and identify
impacts to downstream properties and provide specific recommendations to protect the
properties and mitigate any impacts, Any upgrading or upsizing of downstream facilities.
including acquisition of drainage or access easements necessary to make required
improvements. shall be provided by the Developer.
54. Construction-phase pollution prevention controls shall be consistent with the City's Grading.
Erosion & Sediment Control Ordinance and associated technical manual. and the City's
standard notes for Erosion and Sediment Control.
55. The project shall demonstrate coverage under the State NPDES General Permit for
Construction Activities by providing a copy of the Waste Discharge Identification number
(WOlD) issued by the State Water Resources Control Board (SWRCB). A Stormwater
Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of
construction activities,
56, As deemed necessary by the Director of the Department of Public Works. the Developer
shall receive written clearance from the following agencies:
a. Riverside County Flood Control and Water Conservation District
b. Planning Department
c, Department of Public Works
57. The Developer shall comply with all constraints which may be shown upon an Environmental
Constraint Sheet (ECS) recorded with any underlying maps related to the subject property.
58. The applicant shall comply with the provisions of Chapter 8,24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by
providing documented evidence that the fees have already been paid.
59, A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check or
money order. prior to issuance of permits. based on the prevailing area drainage plan fee. If
the full Area Drainage Plan fee or mitigation charge has already been credited to this
property. no new charge needs to be paid.
Fire Prevention
60. As required by the California Fire Code, when any portion of the facility is in excess of 150
feet from a water supply on a public street, as measured by an approved route around the
exterior of the facility. on-site fire hydrants and mains capable of supplying the required fire
flow shall be provided. For this project on site fire hydrants are required (CFC 903.2).
61, Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-
de-sac shall be forty-five (45) feet (CFC 902.2.2.2,3 and Subdivision Ord 16.03.020).
62. Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed. Temporary Fire Department access roads shall be an all weather surface for
80,000 Ibs, GVW (CFC 8704.2 and 902,2,2.2),
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63. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches (CFC 902,2,2,1).
64. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent (CFC
902,2.2.6 Ord. 99-14).
65. Prior to building construction, dead end road ways and streets in excess of one hundred and
fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus (CFC 902,2,2.4).
66, Prior to building construction, this development shall have two (2) points of access, via all-
weather surface roads, as approved by the Fire Prevention Bureau (CFC 902.2.1).
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PRIOR TO ISSUANCE OF BUILDING PERMIT
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Planning Department
67, 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,
68. All mechanical equipment including air conditioning units shall be completely screened from
public view,
69, 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 not to 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
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 applicant/owner shall contact the
Planning Department to schedule inspections.
j. Wall and Fence Plans consistent with the Conceptual Landscape Plans showing the
height, location and the following materials for all walls and fences:
i. Slump-stone block with white sack finish for the perimeter of the project
adjacent to a Deer Hollow Way and Peach Tree Street.
Ii. Slump-stone block with white sack finish and wrought iron combination for
the perimeter of the project adjacent to the golf course.
iii. Wrought iron or slump-stone block with white sack finish and wrought iron
combination to take advantage of views for side and rear yards.
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iv. Wood fencing shall be used for all side and rear yards when not restricted by
1 and 2 above.
a, Precise Grading Plans consistent with the approved rough grading plans including all
structural setback measurements,
i, The Construction Landscaping Plans shall be modified to provide a
neighborhood entry statement at the intersection of Deer Hollow Way and
Peach Tree Street at the northwest boundary of the project site. The entry
statement shall be designed in compliance with the Redhawk Specific Plan
Planning Area 13 requirements subject to review and approval by the
Director of Planning,
ii. A rain sensor shall be provided for all HOA irrigation systems,
iii. All utilities shall be screened from public view. Landscape construction
drawings shall show and label all utilities and provide appropriate screening,
Provide a 3' 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 insure that there are no conflicts with trees,
iv. Building Construction Plans shall include details of outdoor areas (including
but not limited to trellises, decorative furniture, fountains, and hardscape) to
match the style of the building subject to the approval of the Planning
Director.
Public Works Department
70, Precise grading plans shall conform to applicable City of Temecula Standards subject to
approval by the Director of the Department of Public Works, The following design criteria
shall be observed:
a, Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C.
paving.
b, Driveways shall conform to the applicable City of Temecula Standard No. 207A.
c. Street lights shall be installed along the public streets adjoining the site in
accordance with City Standard No. 800,
d. Concrete sidewalks and ramps shall be constructed along public street frontages in
accordance with City of Temecula Standard No. 400,
e. All street and driveway centerline intersections shall be at 90 degrees.
f. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
71, All street improvement design shall provide adequate right-of-way and pavement transitions
per Caltrans' standards for transition to existing street sections.
72. The Developer shall construct the following public improvements in conformance with
applicable City Standards and subject to approval by the Director of the Department of
Public Works.
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a, Street improvements, which may include, but not limited to: sidewalks, drive
approaches, street lights, signing, striping, and other traffic control devices as
appropriate
b. Storm drain facilities
c, Sewer and domestic water systems
d. Under grounding of proposed utility distribution lines
73. The Developer shall vacate and dedicate the abutters rights of access along PeachTree
Street pursuant to the new location of the driveway.
74, A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic
Engineer and reviewed by the Director of the Department of Public Works for any street
closure and detour or other disruption to traffic circulation as required by the Department of
Public Works,
75. 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.
76. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all
Resolutions implementing Chapter 15.06.
77. 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 Department
78. Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
Fire Prevention
79, Prior to issuance of building permits, the developer shall furnish three copies of the water
system plans directly to the Fire Prevention Bureau for approval prior to installation. Plans
shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval
signature block; and conform to hydrant type, location, spacing and minimum fire flow
standards, After the plans are signed by the local water company, the originals shall be
presented to the Fire Prevention Bureau for signatures, The required water system
including fire hydrants shall be installed and accepted by the appropriate water agency prior
to any combustible building materials being placed on an individual lot (CFC 8704.3,
901.2,2.2 and National Fire Protection Association 24 1-4.1).
80. Prior to issuance of building permit, all locations where structures are to be built shall have
approved Fire Department vehicle access roads to within 150 feet to any portion of the
facility or any portion of an exterior wall of the building(s), Fire Department access roads
shall be an all weather surface designed for 80,000 Ibs, GVW with a minimum AC thickness
of ,25 feet ( CFC see 902).
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81. Prior to issuance of building permit 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,
82. Prior to issuance of building permit fire alarm plans shall be submitted to the Fire Prevention
Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor
to the Fire Prevention Bureau.
Community Services Department
83. The developer shall satisfy the City's park land dedication (Quimby) requirement through the
payment of in-lieu fees equivalent to .91 acres of park land, based upon the City's then
current land evaluation. Said requirement includes a 25% credit for private recreational
opportunities provided and shall be pro-rated at a per dwelling unit cost prior to the issuance
of each residential building permit
84. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris,
85, Prior to the first building permit or installation of additional street lights on Peachtree Street
or Deer Hollow Way, which ever occurs first, the developer shall complete the TCSD
application process, submit an approved Edison Streetlight Plan and pay the appropriate
energy fees related to the transfer of street lighting into the TCSD maintenance program.
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
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Planning Department
86. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant
shall be required to screen all mechanical equipment including air conditioning units from
public view.
87. 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.
88. HOA landscaping shall be completed for inspection prior to issuance of occupancy for those
lots adjacent to HOA landscaped area.
89. Performance securities, in amounts to be determined by the Director of Planning, to
guarantee the maintenance of the plantings in accordance with the approved construction
landscape and irrigation plan shall be filed with the Planning Department 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 Planning, the
bond shall be released upon request by the applicant.
90. Each parking space reserved for the handicapped shall be identified by a permanently
affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying
the International Symbol of Accessibility. The sign shall not be smaller than 70 square
inches in area and shall be centered at the interior end of the parking space at a minimum
height of 80 inches from the bottom of the sign to the parking space finished grade, or
centered at a minimum height of 36 inches from the parking space finished grade, ground,
or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-
street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating
the following:
"Unauthorized vehicles parked in designated accessible spaces not
displaying distinguishing placards or license plates issued for persons with
disabilities may be towed away at owner's expense. Towed vehicles may be
reclaimed by telephoning (95) 696-3000."
91. In addition to the above requirements, the surface of each parking place shall have a
surface identification sign duplicating the Symbol of Accessibility in blue paint of at least
three square feet in size.
92. All site improvements including but not limited to parking areas and striping shall be installed
prior to occupancy or any use allowed by this permit.
93. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Public Works Department
94. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP
have been constructed and installed in conformance with approved plans and are ready for
immediate implementation.
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95. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Work
96. All public improvements shall be constructed and completed per the approved plans and
City standards to the satisfaction of the Director of the Department of Public Works.
97. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall
be repaired or removed and replaced to the satisfaction of the Director of the Department of
Public Works.
Fire Prevention
98. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers"
shall be installed to identify fire hydrant locations (CFC 901.4.3).
99. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or
addresses shall be provided on all new and existing buildings in such a position as to be
plainly visible and legible from the street or road fronting the property. Numbers shall be of a
contrasting color to their background. Single family residences and multi-family residential
units shall have four (4) inch letters and for numbers, as approved by the Fire Prevention
Bureau (CFC 901.4.4).
100. Prior to issuance of Certificate of Occupancy or building final, the developer shall install a
fire sprinkler system (CFC Article 10, CBC Chapter 9).
101. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for
monitoring the sprinkler system, occupancy or use, the developer shall install the fire alarm
system monitored by an approved Underwriters Laboratory listed central station (CFC Article
10).
102. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be
provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located
to the right side of the main entrance door (CFC 902.4).
103. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by fire fighting personnel (CFC 902.4).
104. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane painting
and or signs.
105. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a
simple floor plan, each as an electronic file of the .DWG format must be submitted to the
Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention
for approval.
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Community Services Department
106. It shall be the developer's responsibility to provide written disclosure of the existence of the
TCSD and its service level rates and charges to all prospective purchasers.
107. The developer or his assignee shall submit, in a format as directed by TCSD staff, the most
current list of Assessor's Parcel Numbers assigned to the final project.
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OUTSIDE AGENCIES
G:IPlanning\2006IPA06-Q060 Redhawk PA 13 - Multi-Family DPIPlanninglDraft COA PA06-Q060.doc
21
108. The applicant shall comply with the recommendations set forth in the County of Riverside
Department of Environmental Health's transmittal March 20. 2006. a copy of which is
attached.
109. The applicant shall comply with the recommendations set forth in the Rancho California
Water District's transmittal March 13,2006, a copy of which is attached.
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
v/ith these conditions of approval and that any changes! 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\2006IPA06.0060 Redhawl< PA 13 - Mult;-Family DP\PlanninglDraft COA PA06-0060.doc
22
~ '. DEPARTMYENTIOFIENVIRONMENTALGHEA~rH
~ ""'ljln:~.''''''-''''.''''''''''-'''''''-~'''.'''lJ''''''''-~' L ".. .~,...,,"," ,,~,~....~'.~ .."'........".,."".....,""",,'" ,......,,,,....... ..'.~
March 20, 2006
City ofTemecula Planning Department
P.O. Box 9033
Temecula, CA 92589-9033
Attention: Veronica McCoy
RE: Development Plan No. PA06-0060
Dear Ms. McCoy:
Depar1ment of Environmental Health has reviewed the development plan for multi-family residential
to build 98 condo units on 8.9 acres totaling 176, 944 sq. ft. The project will be located on the comer
of Peach Tree and Deer Hollow. Although, the site plan does not indicate that either water and sewer
services are existing, we assume that these services are in and are available.
PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD
BE REQUIRED:
"Will-serve" letters from the appropriate water district.
Sincerely,
cP~l~rxt~ --
Sam Martinez, Supervising Environmental Health Specialist
(951) 955-8980
NOTE: Any current additional requirements not covered can be applicable al time of Building Plan review for final Department of
Environmental Health clearance.
Q)fE(r"l~ n W~f:))
ru ~,~:(. ':( ?nOn J
By~.___.
PIa. :"'1';: Oeparfment
Loedl Enforcement Agency. PO, Boy. 1280, Ri\l.mide, CA 92S02-1ZHO . (909) %5-8982 . FAX (Y09) 781.%S3 . 40RO LC':!ioll Strt'2t. 9ih Floo~. Ri\'['jsi,.-',2, 12/\ Q2,"i() 1
Land Use and Water Engineering' PO Gox 1206. Riversidp. CA 92502-1206. (9U9) %5 13980' FAX (qO<]I95;:.-0903 . c..O~"tJ L,'ii"l1i '::';1(o'2t, 2nd Fiuo:, Rii,orsi:ie C:>, 9~~~S(H
@
Rancho
Water
nuardufDirectors
Ben R. Drake
I'rp>,ld<:,nt
Stephen J. Corona
Sr. Vice Prf>s,rl"n(
Ralph H. Daily
LisaD.lIerman
John E. Hoagland
Michael R. McMillan
William E. Plummer
Officers
Brian J. Brady
General Manager
Phillip L. Forbes
Assistant General Manager I
Chief Financial Officer
E. P. ''Bob'' LemoD!'
Di~d"'r "fEngi"e<>ring
Perry R. Louck
Dire-ctorofPlanning
Jeff D. Armstrong
Controller
Kelli E. Garda
DistrictS..cretar:y
C. Michael Cowett
Best Best & Krieger LLP
General Counsel
"
~\
March 13,2006
Veronica McCoy, Project Planner
City of Temecula
Planning Department
Post Office Box 9033
Temecula, CA 92589-9033
D~~~Dw~'~
.- I,
Jt MAR j C, 2006 ..!)
By
Planning Department
SUBJECT: WATER AVAILABILITY
REDHA WK CONDOMINIUMS
PARCEL NO. 20 OF PARCEL MAP NO. 24387
APN 962-020-012; CITY PROJECT NO. PA06-0060
[REDHA WK COMMUNITIES, INC]
Dear Ms. McCoy:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD). Water service,
therefore, would be available upon construction of any required on-site and/or off-
site water facilities and 1he completion of financial arrangements between RCWD
and the property owner.
If fire protection is required, the customer will need to contact RCWD for fees and
requirements. Water availability would be contingent upon the property owner
signing an Agency Agreement that assigns water management rights, if any, to
RCWD.
This project is a condominium development, with a Homeowners' Association
maintaining the common property and private water, fire protection, and
landscape irrigation facilities. As a condition of approval for the project, RCWD
requires that the Developer include a Reciprocal Easement and Maintenance
Agreement for these on-site private water facilities.
If you should have any questions, please contact an Engineering Services
Representative at this office.
S incerel y,
RANCHO CALIFORNIA WATER DISTRICT
7JJ:!!..~n:T
Acting Development Engineering Manager
cc: Laurie Williams, Engineering Services Supervisor
06\MM:alO64\FEG
Rancho Cali Cornia Water District
42135 Winchp.ster Road. Post Office Box 9017 . Temecula, California 92589.9017 . (951) 296 6900 . FAX (951) 296-6l'160
www.rnnchowatcr.com
ATTACHMENT NO.5
REOHAWK COMMUNITY ASSOCIATION LETTERS
G:\Planning\2006\PA06-0060 Redhawl< PA 13. Multi.Family DPIPlanninglStaff Report PA06-0060 & PAD6-009a.doc
13
Rh'DHA WI( COAflUU.vI1Y ASSOClA TION
C/O The .:\valon ?vfar-agcm('ot Croup, 111e.
2"J179 Rancho California Ruad
T(mecub. c\ nS'J!
'JS1-()')<)-2918
November 8, 2006
f\h, Stuart Fisk, Scmn[ Vlanncr
!vb. Dana L. Schuma. Associate Planner
City of Temeeula
P.O. Box 9033
Tcmecula, CA <)2589-9033
!\It. Fisk and Ms. Schuma:
As Redhawk nears build-out, and the fmal planning areas withm Redhawk now proceed through
City of T emecula Planning, the Redhawk Community ASsoclllUon would likc to share some
concerns we have. 'Ibese concerns pertain to perimeter and interior fencing, meandering sidewalks,
medians, sidewalk arbors and common area landscaping along the parkways and streets within
Redhawk. Our goal is make sure that quality and consistency is maintained throughout Redhawk
and i.n eonformancc with the Redhawk specific plan.
11,e Redhawk Community Associations concerns stem from the fact, that some of dle most recently
delivered planning areas widlin Redhawk, which were processed and approved through the County,
were not delivered to the same standards as pre,-ious planning areas within Redhawk.
All perimeter fencing within Redhawk, which fronts on to a major patkway IS either built of slump
stone block wall, or if the lot is elevated and views ate involved, then it is slump stone block with
either view fencing ot plexiglass on top, or just wrought iron view fencing. In addition, the height
of the fences arc approximately 5-6' tall. Attached arc photos depicting what we are descrIbing
!pictllm 1-5). Nowhere within Redhawk is any wood fencing facing a major parkway_ Tn addition,
side yard fencing, which faces on to an intcri.or strect within Redhawk should always be a slump
stone block wall. Enclosed arc t:\vo pictures, which demonstrate side yard fencing with and without
a block wall!pictum 6-7).
In addition, the earlier portion of Redhawk included meandering sidewalks, medians and sidewalk
arbots (pict,,,"s 8-10). Wc arc requesting that these items be included where possible in the final
developments of Redhawk.
The Redhawk Community Association moved earlier this year to allow vinyl fencing within
Redhawk and to move to a single fence color for front yard facing fences. As many Redhawk
homes approach 10+ years of age, long term fence maintenance becomes an issue. We believe that
allowing vinyl fencing and moving toward a single complimentary fence color is a smart solution
!pictllres 11-12). We encourage any new home construction to implement vinyl fencing as much as
possible, and to make sure that any front street facing wood fencing be painted Dunn Edwards
Color, Nomadic Taupe DE 6192, which is the new approved wooden fence color for all of
Redhawk.
11,e Redhawk Community Association is responsible for the long term maintenance of common
area landscaping within Redhawk. We want any new common arca landscaping to be creatil'e in
design aod planted fully beforc being transferred over to our care. Our recent expcriences with the
C:ounty and home hL:.ilder~ 11<1n~ been disapp{)intli1s' \Vc: would apprCCl:1te If the (.Ity cfT clUecuIa
and the denlopets who arc filllshing the build-out of Redhawk would design and unploment quality
common 3.n..'~ landscapIng
Lastly, for YOll! reference enclosed IS a complete IiS( of the CXlstmg neighborhoods WIthin Redhawk
mc1uding the names of the streets locarcd wlthin c~!ch I1ughborho()d.
The Reuhawk Communitv A5:;oCu.t1on believes that our llHcrests are aligned \\.1th both the Cit\. of
. .'
"l"emeeula and the builders de,.eloping in Redhawk. We would like to be engaged in tlus process and
we plan on having representati'iTcs from the AssociatIon in attendance at upcom.ing Planning
Comnllssion meetings.
Please don't hesitate to contact our managing agt:nt, John Ellett of Avalon lvIanagement if you have
any questIons.
Sincerely,
Board of Directors
Redhawk Commuruty Associ..,liol1
ee: Scott Stites, Centex Homes
Pam Pullen, Artisan Communities
Enclosure
Picture 1
Picture 2
Picture 3
Picture 4 (golf course)
Picture 5
Picture 6
Picture 7
Picture 8
Picture 9
Picture 10
. ~,
~f~':r:'~
.e:'l. ,~,:?
...t1J$."1M .j:'-<i<_"
~:,:JIt:o.
"'. .'.
~:~~:",' 1
Picture 11 (Wolf Creek)
Picture 12 (Wolf Creek)
Alamos-(230G3-1 )
Via Seran
Paseo Parallon
Corte Nautia
Corte Morel ia
Corte Valencia
gorte Hidalgo
Calaveras-{23063-6)
Via Benabarre
. -. ..- .._--,. ---- ~---- --.---
Camino Guarda
~?~El_!,r<lga .._
Camino Veste
Corte Zorita
Feliz-(23063-2)
Via Saltio
Callesito Burgos
Corte EI Dorado
San Ramon-(23063-3)
.-.-..-.---..----..---.--------- --
Camino Rosales
Corte Montoya
Calle Tiara
---...-
Corte Bonillo
0.'..-.....-.---..---..-
Paseo Durango
-- --
Sonata-(23063-3)
-.-.-.....-,...-...
Callesita Ordenes
--,----..-
Corte Pro~-'€l~()_ __ ,.
Corte Palmito
Palomar-(23063-4)
.a______.
Caminilo Olite
"-.-..-..,--.-.. .
Corte Montril
Caminito Osuna
------'._,.',
Calle Ayora
Corte Tomatlan
Via Almazan
Sayante-(230~~:~
Paseo San Esteban
--.-.-...,.,.-.....
Corte Rodrigo_
Corte Daroca
Calle Ayor~_____
Calle.~~--"drique
Corte Lerma
_"~_....,_._._u.
Corte Gabaiva
Corte Lobos
Pinehurst-{23064-1 )
1- -- -- ------
: Corte Sabnnas
Corte Gnzaba
- -----------
Yia La Colorada
St. Andrews-(23064-2)
'Paseo Gallanle
Corte Zaragoza
'Corte Orizaba
Corte T obarra
_.._._~-------_.._._.- .
Corte Matara
Augusta-(23064-3)
Camino Rubi
Corte Barela
Corte Ricardo
.C()rte Royal
Caminito Rosado
Corte Carmello
Eaglepoint-(23066-4)
Via P~e~~a __
Anasazi
:Merona Court
: Eastridge-(23066-G)
Quail Crest
_ .~Moming View
l~,,-gl_e_c:rest
lEastrid_gEl____
lCrestview
.'__._n____ "'
iVintage-(23067-2)
. __ _:!'larrington
: Chateau
i.__._.,_
:Ston~y"HiII
Amberleaf
Twin Hills
iBiltmore..
Helena
Oakville
I Fairways
I -----
Almora
81agon
Palmira
Escalon
I Decada
. ---"-"-
, Willowick
'SI. Tisbury
1- ---
. Tiburcio
Pine
Summerhill-(23067-3)
Nighthawk Pass
Abbey Road
Channel
Katie
Short
Lydia
Leona
Love
Longfellow
Madera-(23063-8)
: Callesito Altar
Camin/to Avila
: Corte LOJa
. Corte Limon
Corte Los Mochis
Serrano-(23067 -7)
Camino Monzon
Via Jaca
Corte Narbonne
Camino Brozas
Chelsea Estates - (29203)
Scarborough
Manchester
Dorchester
Pen brook
Kingston
Chaote
,Fairways
Yucca
Poppy.
Embassy
iTioga
..lRhine
Cozy
Key
Wiki
,Jumi
Miro
Palmira
Vanowen
, Cleveland
Collection
Via La Colorada
Via Perales
Corte Oaxaca
Via La Tranguila
Francisco Place
Jon William Way
Ruth Court
Bijan Court
Kohnoor
Vine
Sharon
Lianne Court
Vianne Court
g,arpet Court
Drymen Avenue
Monte Drive
_.~-_.- .-.....-.--
Galaxy Court
Romance Place
Kennedy Court
Puffin
~nel'lace______.____._ .
Linda Court
. Toy Court
RE1JHA WK COMMUNITY ASSOCIA TION
C/ \) The A \'alon Mallag-elncnt Croup, Inc.
2<)379 Rancho Califorma Road
Temecula, C-\ n'i91
951-(,r)9 29l~
December 15, 2006
Mr. Stuart fisk, Senior Planner
I\1s. Dana L. SchUlna, ASSoCl3te Planner
City ofTemecula
P,O Box 9033
Temecula, C1\ 925H9-9033
RE. LTpcommg Redhawk Projects by Cente, Homes & ,\rtlsan CommunIties
I\lr. Fisk and Ms. Schuma:
first. we would like to respond to the December 7''', 2006 email from Katie Lecomte of the City. In
the emaill\ls. J ,ecomte states,
"JJI addition, Jtaflreviewed tbe HOA'J m-ent/y aPPIVl'ed wood fence palllt ,"for, Nomad,,' Taupe, in
compmi.ron to tbe Rigbtwood stain proposed by tbe bllllder and determined tbat tbe fu,gbtwood Jtain better
complem/'nted the elevatzon m!orJ and Illaten'als. ".
Allow us to elaborate further on our ongmal letter dated November I (,'h, 2006, rn whIch we
requested that you require all the front faerng fencrng be painted Nomadic Taupe DE 6192. The
governing documents of Redhawk require all homeowners to parnt their froot facing fencrng
Nomadic Taupe by July 1,2009. Tlus mle will apply to the homeowners who purchase these new
homes, as it will to a homeowner who purchased in Redhawk over 10 years ago. Although, we do
not know the exact timing the homes will begrn to close, hased on the deadhne above we estimate
the homeowners would be required to paint thelt fencing shortly after closrng escrow. Keep in
mind, paint will not adhere properly to a fence which has recently been stained. Having the builder
paint the fencing Nomadic Taupe will greatly benefit these new homeowners and save us a lot of
wne and effort since we wouldn't have to explain to frustrated homeowners, that we asked the CIty
and the builder to pamt it origuraUy. Please take another look at thIS lssue, and J thrnk you will find
that it makes sense to have the front facing fencing painted the Redhawk approved color, Nomadic
Taupe DE6192.
Secondly, in regards to the Artisan Condominium project, our understanding is that Artisan is
proposing to have a 3' block wall on 1he perimeter of the community with the exception of the
portion which borders the golf course. Nowhete m Redhawk do we have a 3' block wall on the
perimeter of a community. Generally, we have a 5 or 6' feet block wall or a combination of block
and wrought iron or a combmation of block and plexrglass. The 3' block wall would allow drivers,
pedestrIans and neighbors to see evelythrng in these small yards (i.e. sheds, bbqs, patio tables and
umbrellas, bicycles, ladders, or anything else one would have m thelt yard). In addition, these
reSidents would not have a buffer from the street noise. We strongly ask you to not approve the 3'
perimeter wall and to ask Artisan to H.'apply \vith a pcrilneter fencing which IS sundar tu eXlsung
pt'runeter fcncl11g 111 Redha\vk. Rcprescntauycs fr0l11 the ,-\ssoctatIon will be ;lrrendlng the January
3, 2006 Planrung ComlnlsslOn meetlng to address the C()nlml~SI(l11 on tl1l.S Issue_ Please COnfU111
l-\rtis:lfl's proJecr will be rene\ved on thIS date.
( hle of the goals of the Redha\vk COlnmuntty ASSOCIatIun is to InallltaIn '-lualrty and cunsistency
\\.'lthln uur cmnmunIty. in urder to keep all hOlncowner's prupcrty 'i'alues hIgh. \'V'e thank vou for
your tlIne and we look forward to receiving your prompt response. Please don't hcsiute to contact
our 111anagIng agent, John Ellerr of A\'alol1 'Managclnent If you have any Lluest!olls.
Sincerely,
Board of Dlr~ctors
Redhawk COll1111Unltv A~soclatlon
cc PlannIng Cnmnllssion, City Of Temecula
Scott Stites, Centex HOlnes
Pam Pullen, Artisan Communities
ATTACHMENT NO.6
APPLICANT RESPONSE LETTER
G:\Planning\2006IPA06.0060 Redhawk PA 13 - Multi-Family DPIPlanninglStaff Report PA06-0060 & PA06-0098.doc
14
December 11, 2006
NIt. Stuart Fisk, Sellinr Planner
lv!s. Dana Schuma, "-\ssuclate Planner
City of Temecula
P.u. Box 9033
Temecula. C\ 92589-9033
Subject: Redhawk Community Association Letter dated Novembet 8,2006.
D~ar Stuart and Dana:
This letter is provided tu address concerns presented by the Redhawk Community
"-\ssociation in a letter addressed to you dated November 8, 2006 with regards to our
Reclhawk PA-13 project (PA 06-0060). Many of these issues were discussed when we met
with the Board of Directors this year on April 11"', September 22"" and September 28'h
(HOA meeting).
Perimeter Fencinp" (frontinp" ma10r narkwav~)
~ -
Concern:
jill perimeter walls must be slumpstone block.
If the lots are elevated and VIews are involved - slwnpstone low wall with eIther view iron or
plexiglass on top.
Height uf perimeter fencing - minimum 5 ft. to 6 ft. total height.
No wood fencing on interior street - side yard fencing should be slumpstone if facing a
street.
Response:
All penmeter walls are slumpstone block with the Redhawk theme white sack finish and cap
along Deer Hollow and Peachtree.
Wall heights range from 5 feet free-standing to a retaining wall condition ranging in height
from 2 feet to 7 feet. Above the retaining wall is an extensive landscape buffer to soften
the transition between retaining walls and yard spaces. The yard spaces located above the
retaining walls are defmed by a 3 foot high slumps tone block wall. Total combined wall
height along Deer Hollow and Peachtree will range from 5 to 10 feet consisting of eIther a 5
foot freestanding wall or a combination of retaining wall and freestanding walls. All
retaining walls are designed with a landscape buffer between retaining wall and yard walls.
Vines and parkway landscaping soften the exposed face of retaining wall. Walls facing
ARTISAN COMMUNITIES. nc [60S CYPRESS STREET ICE HOUSE SUlTE IOO ORANGE. CA 92866 T 714.516.4444 F 714538.8120
public streets are slumps tone with the Redhawk white sack finish to match existing walls in
neighborhood.
Meanderinp' Sidewalks / Medians / Sidewalk Arbors
Concern:
Earlier portion of Redhawk included meandering sidewalks, medians and sidewalk arbors.
Response:
Public right-of-way along Deer Hollow and Peachtree is not wide enough to allow for
meandering sidewalks, arbors. Project is designed with curb adjacent sidewalk to match
surrounding and existing conditions.
Vinvl Fencinp"
Concern:
Redhawk Community Association moved to allow vinyl fencing and a single fence color
earlier tlus year for homeowners who want to replace their wood fencing. New home
construction is encouraged to implement vinyl fencing as much as possible and to make sure
street facing wood fencing be painted Dunn Edwards Color, Nomadic Taupe DE 6192.
Response:
Vinyl fencing is not required for new development. The Associations approved color for
street facing wood fencing will be reviewed for compatibility with proposed color schemes.
Wood fencing pertaining to the project will be under the jurisdiction of a sub-association
and will not be a maintenance obligation of Redhawk Master.
Common Area Landscaning
Concern:
H OA is responsible for long term maintenance of common area landscape and is concerned
about being planted fully before turnover for their care. Requesting quality of design and
landscaping.
Response:
The project landscape architect is David Neault & Associates, who has done several projects
within the City and is very familiar with the requirements for quality and completion of
common areas. Landscape will be consistent with Redhawk guidelines in design and plant
palette. We will work closely with the HOA, our landscape architect and the installer for
complete and successful turnovers of all Redhawk Master common area.
Page 2 of3
Gener~l Concerns
Concern:
Planning Areas processed through the County were not delivered to the same standards as
previons planning areas. Looking for quality and comistency. Would like to be engaged
in the process.
Response:
Artisan has sought out the Association and engaged them in our process by scheduling
meetings with the property manager and Directors to discuss the project and attended a
Homeowner's Association Meeting to present project. TIle meetings took place this year on
April 11 ", September 220", Septemher 28" (HOA meeting).
Artisan has also agreed to wOlk with the Association to provide a space and utilities on the
corner of Deer Hollow a.nd Peachtree for the Association to install monumcntation recently
approved by Redhawk Communities.
I believe all previous Redhawk projects have processed through the County of Riverside and
that PA-13 1S the first project to process through the City ur Temecula pursuant to the
Redhawk annexation in July of 2005.
In closing, we have worked closely with all levels of Staff to develop a quality project that is
consistent not only with Redhawk Specific Plan but also maintains the integrity and mtent of
City ofTemecula standards.
Thank you for your time and please contact me at 714-516-4448 if additional information or
material is needed_
Sincerely,
A""{2/,,,.nc
Pam Pullen
Project Planning
ce: John Ellett, Avalon Property Management Company
Page 3 of3
........~ -
ITEM #4
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
TO: Planning Commission
FROM: Emery J. Papp, AICP, Senior Planner
DATE: February 7, 2007
SUBJECT: Proposed Zoning Ordinances adding Chapter 30 to Title 17 of the Temecula
Municipal Code Establishing Non-Smoking Units in Multi-Family Housing; and
adding Chapter 36 to Title 8 of the Temecula Municipal Code Prohibiting Smoking in
Public Places and the Workplace
BACKGROUND
The proposed two non-smoking ordinances describe the harmful effects of secondhand smoke and
provide relief to non-smokers from unwanted exposure to secondhand smoke. The following facts
and figures contributed to the preparation of the Non-Smoking Ordinances:
. Secondhand smoke is responsible for an estimated 38,000 deaths among non-smokers
each year in the United States, which includes 3,000 lung cancer deaths and 35,000 deaths
due to heart disease.
. 87.9% of non-smokers showed detectable levels of cotinine (a metabolite of nicotine) in their
blood, the most likely source of which is secondhand smoke exposure.
. Secondhand smoke expDsure causes as many as 300,000 children in 1he United States
under the age of 18 months to suffer lower respiratory tract infections, such as pneumonia
and bronchitis; exacerbates childhood asthma; and increases the risk of acute. chronic,
middle-ear infections in children.
. Secondhand smoke can seep under doorways and through wall cracks.
. There is no Constitutional right to smoke.
. State law prohibits smoking in virtually all indoor places of employment reflecting the state
policy to protect against the dangers of exposure to secondhand smoke.
. California law declares that any1hing that is injurious to health or obstructs the free use of
property so as to interfere with the comfortable enjoyment of life or property is a nuisance.
. Local governments have broad latitude to declare nuisances and are not constrained by
prior definitions of nuisance.
By declaring secondhand smoke to be a nuisance, theCityofTemecula has the authority to regulate
smoking in and around multi-family residences. places of employment, and public places. The
purpose and impact of each new ordinance is briefly described below:
G:\Planning\2007\PA07-0024 Non-Smoking Ordinance\Planning\PC Staff Report.DOC
1
Ordinance No. 07- (addino Chaoter 30 to Title 17 of the Temecula Municioal Code) orohibits
smokino in and around certain multi-unit residences
The intent of the ordinance is to supplement applicable state and federal laws pertaining to smoking.
Moreover, it provides for the protection of public health, safety and welfare by protecting children.
seniors and others from exposure to smoking where they live and play. and nonconsensual
exposure to secondhand smoke in and around their homes.
The ordinance requires that for all new multi-family residential projects containing 10 or more units,
at least 20 percent of the units (including balconies, private outdoor spaces. decks, patios of units)
shall be designated as non-smoking units. Nothing in the ordinance prevents a landlord from
designating all units as non-smoking. For existing multi-family residences containing 10 or more
units, at least 20 percent of the units (including balconies, private outdoor spaces, decks, patios of
units) must be designated as non-smoking units within 5 years of the effective date of this chaptered
ordinance.
For existing senior citizen housing projects, an owner may apply for a single extension of the time to
comply with the ordinance of no more than five years. However, the owner of any multi-family
residence not dedicated to senior citizen housing may apply for up to three additional extensions of
no more than one year each. In both instances, non-smoking units must be grouped together (e.g.
horizontally or vertically) and physically separated from smoking units to the maximum extent
practicable.
Violations will be subject to penalty under the Temecula Municipal Code and will be declared to be a
public nuisance.
Ordinance No. 07- (addino Chaoter 36 to Tille 8 of the Temecula Municioal Code) orohibits
smokino in oublic olaces. olar.el'; of emolovment and certain other locations
Under the provisions of this ordinance, smoking will be banned in all indoor locations, both public
and private, that are open to the general public or accessed by employees.
Smoking will be banned in certain outdoor locations, both public and private, including: places
accessed by employees, parks, playgrounds, dining areas. and waiting areas. For example, under
this draft ordinance smoking would be prohibited in the unenclosed patio dining area of restaurants
in the City, all City parks and bus stops. Smoking will also be banned in certain other locations that
are adjacent to or share ventilation systems with the above locations.
The ordinance allows smoking in private homes (except when used as daycare or healthcare
facilities or designated as non-smoking by Ordinance No. 07-_), cigar stores, and hotel rooms.
JUSTIFICATION
Several studies and documents on the subject of the harmful effects of secondhand smoke were
consulted in the preparation of these two ordinances. The following list represents those documents
that were consulted and which are readily available on the internet.
1. American Academy of Actuaries, Costs Associated with Secondhand Smoke, October,
2006. htto:ffwww,.~ctuarv.orofodffhealthfsmokino oct06.odf.
G:\Planning\2007\PA07.0024 Non-Smoking Ordinance\Planning\PC Staff Report.DOC
2
2.
California Air Resources Board, Resolution 06-01
hllo:f fwww.arb.ca . aovfreaactf ets2006fres060 1 .odf.
(Jan. 26, 2006).
3. California Department of Health Services, Tobacco Control Section, Youth Smoking
(November 2005). htto:ffwww.dhs.ca.aovftobaccofdocumentsfoubsfY outhSmokina.odf.
4. California Environmental Protection Agency, Office of Environmental Health Hazard
Assessment, Chemicals Known to the State to Cause Cancer or Reproductive Toxicity
(Aug. 11.2006). htto:ffwww.oehha.ca.aovforoo65foroo65 listffilesfP65sinale081106.odf.
5. California Environmental Protection Agency, Office of Environmental Health Hazard
Assessment. Health Effects of Exposure to Environmental Tobacco Smoke, Final Report
(1997). htto:ffwww.oehha.ca.aovfairfenvironmentaltobaccoffinalets.html.
6. California Environmental Protection Agency, Office of Environmental Health Hazard
Management, Health Effects of Exposure to Environmental Tobacco Smoke: Final Report
(1997). htto:ffwww.oehha.ca.aovfairfenvironmentaltobaccoffinalets.html.
7. S. A. Glantz & W. Parmley, Passive Smoking and Heart Disease: Epidemiology, Physiology,
and Biochemistry, 83(1) CIRCULATION 1 (1991)
8. Max W. Rice DP, Zhang X, Sung H-Y, Miller L., The Cost of Smoking in California, 1999
(2002). htto:ffwww.dhs.ca.oovftobaccofdocumentsfoubsfCostOfSmokino 1999.odf.
9. United States Department of Health & Human Services, Preventing Tobacco Use Among
Young People: A Report of the Surgeon General (1994).
htto:f fo rofiles. nl m .nih. oovfN NfBfCfUQf fn nbclo. odf.
10. United States Department of Health & Human Services, Centers for Disease Control and
Prevention, Clean Indoor Air Regulations Fact Sheet (2001).
htto:ffwww.cdc.aovftobaccofsorfsar2000ffactsheetsffactsheetclean.htm.
11. United States Department of Health & Human Services, Centers for Disease Control and
Prevention, The Health Consequences of Involuntary Exposure to Tobacco Smoke: A
Report of the Surgeon General (2006).
htto:f fwww.suraeonoeneral. oovflibrarvfsecondhandsmokefreoo rtfchaoter1 .odf.
12. United States Department of Health & Human Services, Centers for Disease Control and
Prevention, Highlights Annual Smoking - Attributable Mortality, Years of Potential Life Lost,
and Economic Costs - United States 1995-1999 (2002) MORBIDITY AND MORTALITY
WEEKLY REPORT.
htto:ffwww.cdc.oovftobaccofresearch datafeconomicsfmmwr5114.hiohliohts.htm.
13. United States Department of Health & Human Services, Centers for Disease Control and
Prevention, Reducing Tobacco Use: A Report of the Surgeon General (2001).
htto:f fwww.cdc.oovftobaccofsorfsar 2000fF ull Reoort. odf.
14. United States Department of Health & Human Services, Centers for Disease Control and
Prevention, Targeting Tobacco Use: The Nation's Leading Cause of Death 2006, (2006).
htto:ffwww.cdc.aovfnccdohofoublicationsfaaaJodffaaa osh2006.odf.
G:\Planning\2007\PA07-OO24 Non-Smoking Ordinance\Planning\PC Staff Report.DOC
3
ENVIRONMENTAL DETERMINATION
Staff has determined that Ordinance No. 07-_ (Ordinance Regulating Smoking in Multi-Unit
Residences) is exempt from the requirements of the California Environmental Quality Act ("CEQA")
pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) because it can be
seen with certainty that there is no possibility that the Ordinance will have a significant effect on the
environment. The Ordinance will have no adverse environmental affects because it will reduce the
public's exposure to the harmful effects of second-hand smoke.
Staff has also determined that Ordinance No. 07- _ (Ordinance Regulating Smoking in Public
Places) is exempt from the requirements of the California Environmental Quality Act ("CEQA"). To
the extent that the Ordinance applies to Places of Employment, it regulates working conditions by
ensuring that employees and volunteers are not exposed to the harmful effects of second-hand
smoke and is therefore categorically exempt from CEQA pursuant to Title 14 of the California Code
of Regulations, Section 15324(c). The Ordinance is also exempt from CEQA in its entirety pursuant
to Title 14 of the California Code of Regulations. Section 15061 (b)(3) because it can be seen with
certainty that there is no possibility that the Ordinance may have a significant effect on the
environment. The Ordinance will have no adverse environmental affects because it will reduce the
public's exposure to the harmful effects of second-hand smoke."
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending that the City
Council approve an Amendment to Title 17 of the Temecula Municipal Code.
ATTACHMENTS
1. PC Resolution No. 07-_ (Mull-Unit Residences) - Blue Page
Exhibit A - Proposed CC Ordinance No. 07-
2. PC Resolution No. 07-_ (Public Places, Places of Employment) - Blue Page
Exhibit A - Proposed CC Ordinance No. 07-
G:\PJanning\2007\PA07-0024 Non-Smoking Ordinance\Planning\PC Staff Report.DOC
4
ATTACHMENT NO.1
PC RESOLUTION NO. 07-_
MULTI-UNIT RESIDENCES
G:\Planning\2007\PA07.0024 Non-Smoking Ordinance\planning\PC Staff Report.DOC
5
PC RESOLUTION NO. 07-_
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY OF TEMECULA PROHIBITING
SMOKING IN AND AROUND MULTI-UNIT RESIDENCES AND
ADDING CHAPTER 30 TO TITLE 17 OF THE TEMECULA
MUNICIPAL CODE REGULATING SMOKING IN MULTI-UNIT
RESIDENCES (PLANNING APPLICATION PA07-0024)"
Section 1. On April 12, 2005, the City Council of the City of Temecula adopted a
comprehensive update to the City General Plan and Certified the Final Environmental Impact
Report.
Section 2. On January 25, 1995, the City Council of the City of Temecula adopted
the City's Development Code.
Section 3. The City has identified a need to amend the adopted Development Code
to add two new Chapters to the Temecula Municipal Code regarding smoking in public places
and multi-unit residences.
Section 4. The Planning Commission considered the proposed Ordinance on
February 7,2006, at a duly noticed public hearing as prescribed by law, at which time the City
staff and interested persons had an opportunity to, an did testify either in support or opposition
to this matter.
Section 5. Recommendation of Aooroval. That the City of Temecula Planning
Commission hereby recommends that the City Council adopt an ordinance adding Chapter 30
to Title 17 of the Temecula Municipal Code substantially in the form attached to this resolution
as Exhibit A.
Section 6. Environmental Comoliance. Staff has determined that Ordinance No. 07-
(Ordinance Regulating Smoking in Multi-Unit Residences) is exempt from the
requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the
California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that
there is no possibility that the Ordinance will have a significant effect on the environment. The
Ordinance will have no adverse environmental affects because it will reduce the public's
exposure to the harmful effects of second-hand smoke. The Planning Commission, therefore,
recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the
proposed ordinance.
G:IPlanning\2007\PA07.0024 Non.Smoking OrdinancelPlanninglPC RESOLUTION Attachment 1.doc
1
Section 7. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 7th day of February 2007.
Dennis Chiniaeff, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie UbnDske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 07-_ was duly and regularly adopted by the Planning Commission of
the City of Temecula at a regular meeting thereof held on the 7'h day of February 2007, by the
following vote of the Commission:
NOES:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
AYES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
ABSTAIN:
Debbie Ubnoske, Secretary
G:IPlanning12007\PA07-0024 Non-Smoking OrdinancelPlanninglPC RESOLUTION Attachment 1.doc
2
EXHIBIT A
PROPOSED CC ORDINANCE 07-_
G:\Planning12007lPA07-0024 Non-Smoking OrdinancelPlanninglPC RESOLUTION Attachment 1.doc
3
ORDINANCE 07 -
AN ORDINANCE OF THE CITY OF TEMECULA
PROHIBITING SMOKING IN AND AROUND MULTI-UNIT
RESIDENCES AND ADDING CHAPTER 30 TO TITLE 17
OF THE TEMECULA MUNICIPAL CODE REGULATING
SMOKING IN MULTI-UNIT RESIDENCES
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The Temecula Municipal Code is amended by the addition of a new
Chapter 30 to Title 17 thereto to read as follows:
"CHAPTER 17.30 SMOKING IN MULTI-UNIT RESIDENCES
17.30.010. Findings and Intent
The City Council finds, determines, and declares that:
A. Tobacco use and exposure to secondhand smoke cause death and
disease and impose great social and economic costs; and
B. More than 440,000 people die in the United States from tobacco-related
diseases every year, making it the nation's leading cause of preventable death; and
C. The World Health Organization estimates that by 2030, tobacco will
account for 10 million deaths per year, making it the greatest cause of death worldwide;
and
D, The United States Environmental Protection Agency has found
secondhand smoke to be a risk to public health and has classified secondhand smoke
as a group A carcinogen, the most dangerous class of carcinogen; and
E. Secondhand smoke is responsible for an estimated 38,000 deaths among
non-smokers each year in the United States, which includes 3,000 lung cancer deaths
and 35,000 deaths due to heart disease; and
F. 87.9% of non-smokers showed detectable levels of cotinine (a metabolite
of nicotine) in their blood, the most likely source of which is secondhand smoke
exposure; and
G. Secondhand smoke exposure adversely affects fetal grow1h with elevated
risk of low birth weight and increased risk of Sudden Infant Death Syndrome in infants
of mothers who smoke; and
H. Secondhand smoke exposure causes as many as 300,000 children in the
United States under the age of 18 months to suffer lower respiratory tract infections,
G:\Planning\2007\PA07-0024 Non-Smoking Ordinance\Planning\Draft CC Ord. - Multi-unit residences. DOC
such as pneumonia and bronchitis; exacerbates childhood asthma; and increases the
risk of acute, chronic, middle-ear infections in children; and
I. The total cost of smoking in California was estimated as $475 per resident
or $3,331 per smoker per year, for a total of nearly $15.8 billion in smoking-related costs
in 1999 alone; and
J. Cigarettes, cigars, pipes and other smoking materials are the leading
cause of fire deaths in the United States, causing an estimated 31,200 structure fires
and 830 deaths in 2001; and
K. Most Californians do not smoke and a majority favor limitations on
smoking in multi-unit residences, as evidenced by the facts that 84% of Californians are
non-smokers; 70% of Californians surveyed approve of apartment complexes requiring
at least half of rental units be non-smoking; and 67% of Californians surveyed favor
limiting smoking in outdoor common areas of apartment buildings; and
L Secondhand smoke can seep under doorways and through wall cracks;
and
M. There is no Constitutional right to smoke; and
N. State law prohibits smoking in virtually all indoor places of employment
reflecting the state policy to protect against the dangers of exposure to secondhand
smoke; and
O. California law declares that anything that is injurious to health or obstructs
the free use of property so as to interfere with the comfortable enjoyment of life or
property is an nuisance; and
P. Local governments have broad latitude to declare nuisances and are not
constrained by prior definitions of nuisance; and
Q. It is the intent of the City Council of the City of Temecula in enacting this
ordinance, to provide for the public health, safety, and welfare by discouraging the
inherently dangerous behavior of smoking around non-tobacco users; by protecting
children from exposure to smoking where they live and play; and by protecting the
public from nonconsensual exposure to secondhand smoke in and around their homes;
and
R. It is the intent of the City Council of the City of Temecula to supplement
applicable state and federal laws pertaining to smoking and not to duplicate, contradict,
or frustrate such laws. This Ordinance shall be construed consistently with that
intention.
2
17.30.020. Definitions
For the purposes of 1his Chapter the following definitions shall govern unless the
context clearly requires otherwise:
A. "Landlord" means any Person who owns real property that is leased as
residential property, lets residential property, or manages such property, except that
"Landlord" does not include sublessors;
B. "Multi-Unit Residence" means a Premises leased as residential property
and that contains two (2) or more Units, none of which are occupied by a Landlord of
the Premises;
C. "Multi-Unit Residence Common Area" means any indoor or outdoor area
of a Multi-Unit Residence accessible to and usable by residents of different Units;
including but not limited to halls and paths, lobbies, laundry rooms, common cooking
areas, outdoor eating areas, play areas, swimming pools, and parking areas;
D.
corporation,
entity;
"Person" means any natural person, partnership, cooperative association,
personal representative, receiver, trustee, assignee, or any other legal
E. "Premises" means a piece of land and any improvements thereon such as
is usually described in a deed, deed of trust or mortgage, and includes legally separate
but contiguous pieces of land that are owned by the same natural Person or by legal
Persons under common control;
F, "Reasonable Distance" means a distance of at least twenty-five (25) feet
in any direction from an area in which smoking is prohibited. This distance should be
reasonably sufficient to make it unlikely that secondhand smoke will enter non-smoking
areas;
G. "Smoking" or to "Smoke" means holding or possessing a lighted tobacco
product or paraphernalia (including but not limited to, a lighted pipe, lighted hookah
pipe, lighted cigar, or lighted cigarette of any kind), or any other lighted weed or plant
the smoke of which is commonly inhaled, or the lighting of a tobacco product, tobacco
paraphernalia, or any other weed or plant the smoke of which is commonly inhaled;
H. "Unit" means either a dwelling space consisting of essentially complete
independent living facilities for one or more persons, including, for example, permanent
provisions for living and sleeping, and any private outdoor spaces like balconies and
patios; or senior citizen housing and single room occupancy hotels, as defined in
California Health and Safety Code section 50519(b)(1), even where lacking private
cooking facilities or private plumbing facilities. "Unit" does not include lodging in a hotel
or motel that meets the requirements set forth in California Civil Code section
1940(b)(2).
G:IPlanningI2007IPA07.()()24 Non-Smoking OrdinanceIPlanninglDraft CC Ord. - Multi-unit residences. DOC
17.30.030. No-Smoking Common Areas, Designated Smoking Areas
A. Smoking is prohibited in all Multi-Unit Residence Common Areas except
that a Landlord may designate a portion of the outdoor area of Premises as a Smoking
area as provided in this Section;
B. Designated Smoking areas:
1. Shall be located a Reasonable Distance from any indoor area
where Smoking is prohibited;
2. Shall not include, and must be a Reasonable Distance from,
outdoor areas primarily used by children including, but not limited to, areas improved or
designated for play or swimming;
3. Shall be no more than twenty-five (25) percent of the total outdoor
area of the Premises for which it is designated;
4. Shall have a perimeter that is clearly marked with conspicuous
signs;
5. Shall not overlap with any area in which Smoking is otherwise
prohibited by this Chapter or other provisions of this Code, state law, or federal law.
17.30.040. Smoke-Free Buffer Zones
Smoking is prohibited on the Premises of a Multi-Unit Residence within a
Reasonable Distance of any entrance, opening, or other vent into an enclosed area of a
Multi-Unit Residence in which Smoking is prohibited by this Chapter, other provisions of
this Code, state law, or federal law. For example, and without limitation, Smoking on
balconies, porches, or patios within a Reasonable Distance of a window or door of a
non-smoking Unit is prohibited. This provision does not apply inside a designated
Smoking Unit pursuant to Section 17.30.040 of this Chapter.
17.30.050. Non-Smoking Units Required in Multi-Unit Residences
A. New Multi-Unit Residences
1. In every Multi-Unit Residence first occupied by a resident or tenant
more than six months after the effective date of this Chapter and containing ten (10) or
more Units, at least twenty-five (25) percent of the Units (including private outdoor
spaces associated with such Units, such as balconies, patios and decks), shall be
designated as non-smoking Units. Notwithstanding this requirement, the Landlord may
choose to designate all Units as non-smoking. Non-smoking Units must be grouped
together (e.g., horizontally and/or vertically) and physically separated from Smoking
Units to the maximum extent practicable.
B. Existing Multi-Unit Residences
4
1. In every Multi-Unit Residence currently and previously occupied on
the effective date of this Chapter, not subject to Section 17.30.040(A), and containing
ten (10) or more Units, at least twenty-five (25) percent of the Units (including private
outdoor spaces associated with such Units, such as balconies, patios, and decks), must
be designated as non-smoking Units within five (5) years of the effective date of this
Chapter. Notwithstanding this requirement, the Landlord may choose to designate all
Units as non-smoking. Non-smoking Units must be grouped together (e.g., horizontally
and/or vertically) and physically separated from Smoking Units to the maximum extent
practicable.
2. A Unit designated non-smoking by action of the Landlord or by the
force of this Chapter shall not be subject to the Smoking restrictions in Section
13.30.040(8)(1) while the legal tenant(s) in occupancy on the effective date of this
Chapter continuously lease(s) the Unit.
3. A Landlord may apply for a single extension of the time to comply
with Section 17.30.040(8)(1) of no more than five (5) years. Such application shall be
before the fifth (5th) anniversary of the effective date of this Chapter and shall be
granted if reasonably necessary to obtain compliance with Section 17.30.040(8). A
Landlord of any Multi-Unit Residence not dedicated to senior citizen housing may apply
for up to three (3) additional extensions of no more than one (1) year each. Application
for an additional extension shall be made before the expiration of the last extension.
C. Smoking is prohibited in non-smoking Units in Multi-Unit Residences.
17.30.060. Disclosure of Non-Smoking Units 8y Landlord
Every Landlord shall maintain a current list of designated non-smoking Units and
a floor plan identifying the relative position of Smoking and non-smoking Units as well
as the location of any designated Smoking Areas. The Landlord shall provide a copy of
the list and the floor plan to the City and to every tenant.
17.30.070. Prohibitions And Duties Generally
A. No Person shall Smoke or knowingly permit Smoking in an area of the
Premises under his or her legal or de facto control in which Smoking is prohibited by a
lease or agreement term, by this Chapter, this Code, or any other state or federal law
provided, however, that this prohibition does not apply to a Person who is already
compelled to act under state or federal law.
8. No Person shall knowingly permit the presence or placement of ash trays,
cans, or other receptacles within Multi-Unit Residence Common Areas under his or her
legal or de facto control in which Smoking is prohibited by this Chapter, this Code, or
any other state or federal law, including, for example and without limitation, within a
Reasonable Distance of any non-smoking area.
C. "No Smoking" signs, with letters of no less than one inch in height or the
international "No Smoking" symbol (consisting of a pictorial representation of a burning
5
cigarette enclosed in a red circle crossed by a red bar) shall be clearly and
conspicuously posted and maintained by the Landlord in every place on the Premises in
which Smoking is prohibited by this Chapter or by the Landlord, except that signs are
not required inside Units. Signs must be sufficient to make areas where Smoking is
prohibited obvious to a reasonable person.
17.30.080. Medical Marijuana
Notwithstanding any other provision of this Chapter, Smoking marijuana for
medical purposes as permitted by California Health and Safety Code sections 11362.7
et seq in any Unit of a Multi-Unit Residence is not prohibited by this Chapter.
Notwithstanding the forgoing, such use of marijuana may be prohibited by other
provisions of this Code, state law, or federal law.
17.30.090. Enforcement
The remedies provided by this Chapter are cumulative and in addition to any
other remedies available at law or in equity.
A. Violations of this Chapter are subject to penalty pursuant to Chapters 1.21
and 1.24 of the Temecula Municipal Code.
B. No Person shall intimidate. harass, or otherwise retaliate against any
Person who seeks to attain compliance with this Chapter. Moreover, no Person shall
intentionally or recklessly expose another Person to secondhand smoke in response to
that Person's effort to achieve compliance with this Chapter. Violation of this subsection
shall constitute a misdemeanor.
C. Causing, permitting, aiding, abetting, or concealing a violation of any
provision of this Chapter shall constitute an infraction.
D. A violation of this Chapter is hereby declared to be a public nuisance.
E. In addition to other remedies provided by this Chapter or otherwise
available at law or in equity, any violation of this Chapter may be remedied by a civil
action brought by the City, including, without limitation, administrative or judicial
nuisance abatement proceedings, civil or criminal code enforcement proceedings, and
suits for injunctive relief."
6
Section 2. Environmental Findings. The City Council hereby finds that this
Ordinance is exempt from the requirements of the California Environmental Quality Act
("CEQA") pursuant to Title 14 of the California Code of Regulations, Section
15061(b)(3) because it can be seen with certainty that there is no possibility that the
Ordinance will have a significant effect on the environment. The Ordinance will have no
adverse environmental affects because it will reduce the public's exposure to the
harmful effects of second-hand smoke.
Section 3. Severability. If any section, subsection, subdivision,
paragraph, sentence, clause or phrase of this Ordinance, or its application to any
person or circumstance, is for any reason held to be invalid or unenforceable, such
invalidity or unenforceability shall not affect the validity or enforceability of the remaining
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
Ordinance, or its application to any other person or circumstance. The City Council of
the City of Temecula hereby declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of
the fact that anyone or more other sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 4, The City Clerk is directed to certify to the passage and
adoption of this ordinance and to cause this ordinance to be published as required by
law.
7
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
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, 07-_was duly introduced and placed upon its first
reading at a meeting of the City Council of the City of Temecula on the day of , ,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , by the following vote:
AYES:
NOES;
ABSENT:
ABSTAIN:
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
Susan W. Jones, MMC
City Clerk
G:IPlanningI2007IPA07-0024 Non-Smoking OrdinanceIPlanninglDraft CC Ord. - Multi-unit residences.DOC
ATTACHMENT NO.2
PC RESOLUTION NO. 07-_
PUBLIC PLACES, PLACES OF EMPLOYMENT, AND CERTAIN OTHER lOCATIONS
G:\Planning\2007\PA07-0024 Non-Smoking Ordinance\Planning\PC Staff Report.DOC
6
PC RESOLUTION NO. 07-_
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY OF TEMECULA PROHIBITING
SMOKING IN PUBLIC PLACES, PLACES OF EMPLOYMENT,
AND CERTAIN OTHER LOCATIONS AND ADDING CHAPTER
36 TO TITLE 8 OF THE TEMECULA MUNICIPAL CODE
REGULATING SMOKING (PLANNING APPLICATION PA07-
0024)"
Section 1. On April 12, 2005, the City Council of the City of Temecula adopted a
comprehensive update to the City General Plan and Certified the Final Environmental Impact
Report.
Section 2. On January 25, 1995, the City Council of the City of Temecula adopted
the City's Development Code.
Section 3.
The City has identified a need to amend the adopted Development Code.
Section 4. The Planning Commission considered the proposed Ordinance on
February 7, 2006, at a duly noticed public hearing as prescribed by law, at which time the City
staff and interested persons had an opportunity to, an did testify either in support or opposition
to this matter.
Section 5. Recommendation of ADoroval. That the City of Temecula Planning
Commission hereby recommends that the City Council adopt an ordinance adding Chapter 36
to Title 8 of the Temecula Municipal Code substantially in the form attached to this resolu1ion as
Exhibit A.
Section 6. Environmental ComDliance. Staff has determined that Ordinance No. 07-
_ (Ordinance Regulating Smoking in Public Places) is exempt from the requirements of the
California Environmental Quality Act ("CEQA"). To the extent that the Ordinance applies to
Places of Employment, it regulates working conditions by ensuring that employees and
volunteers are not exposed to the harmful effects of second-hand smoke and is therefore
categorically exempt from CEQA pursuant to Title 14 of the California Code of Regulations,
Section 15324(c). The Ordinance is also exempt from CEQA in its entirety pursuant to Title 14
of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with certainty
that there is no possibility that the Ordinance may have a significant effect on the environment.
The Ordinance will have no adverse environmental affects because it will reduce the public's
exposure to the harmful effects of second-hand smoke. The Planning Commission, therefore,
recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the
proposed ordinance.
G:IPlanning\2007\PA07-0024 Non-Smoking OrdinancelPlannlnglPC RESOLUTION Attachment 2.doc
Section 7. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 7'h day of February 2007.
Dennis Chiniaeff, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 07-_ was duly and regularly adopted by the Planning Commission of
the City of Temecula at a regular meeting thereof held on the 7'h day of February 2007, by the
following vote of the Commission:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
G:IPlanning12007\PA07-Q024 Non-Smoking OrdinancelPlanninglPG RESOLUTION Attachment 2.doc
EXHIBIT A
PROPOSED CC ORDINANCE 07-_
PUBLIC PLACES, PLACES OF EMPLOYMENT, AND CERTAIN OTHER LOCATIONS
G:\Planning12007\PA07-0024 Non-Smoking OrdinancelPlanninglPC RESOLUTION Attachment 2.doc
ORDINANCE 07 -
AN ORDINANCE OF THE CITY OF TEMECULA
PROHIBITING SMOKING IN PUBLIC PLACES, PLACES
OF EMPLOYMENT, AND CERTAIN OTHER LOCATIONS
AND ADDING CHAPTER 36 TO TITLE 8 OF THE
TEMECULA MUNICIPAL CODE REGULATING SMOKING
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The Temecula Municipal Code is amended by the addition of a
new Chapter 36 to Title 8 thereto to read as follows:
"CHAPTER 8.36 SMOKING IN PUBLIC PLACES
8.36.010.
Findings and Intent
The City Council finds, determines, and declares that:
A. Tobacco use and exposure to secondhand smoke cause death and
disease and impose great social and economic costs; and
B. More than 440,000 people die in the United States from tobacco-related
diseases every year, making it the nation's leading cause of preventable death; and
C. The World Health Organization estimates that by 2030, tobacco will
account for 10 million deaths per year, making it the greatest cause of death worldwide;
and
D. The United States Environmental Protection Agency has found
secondhand smoke to be a risk to public health and has classified secondhand smoke
as a group A carcinogen, the most dangerous class of carcinogen; and
E. Secondhand smoke is responsible for an estimated 38,000 deaths among
non-smokers each year in the United States, which includes 3,000 lung cancer deaths
and 35,000 deaths due to heart disease; and
F. 87.9% of non-smokers showed detectable levels of cotinine (a metabolite
of nicotine) in their blood, the most likely source of which is secondhand smoke
exposure; and
G. Secondhand smoke exposure adversely allects fetal growth with elevated
risk of low birth weight and increased risk of Sudden Infant Death Syndrome in infants
of mothers who smoke; and
H. Secondhand smoke exposure causes as many as 300,000 children in the
United States under the age of 18 months to suller lower respiratory tract infections,
G:\Planning\2007\PA07-0024 Non-Smoking Ordinance\Plannlng\Draft CC Ord. - Public places.DOC
such as pneumonia and bronchitis; exacerbates childhood asthma; and increases the
risk of acute, chronic, middle-ear infections in children; and
I. The total cost of smoking in California was estimated as $475 per resident
or $3,331 per smoker per year, for a total of nearly $15.8 billion in smoking-related costs
in 1999 alone; and
J, Cigarettes, cigars, pipes and other smoking materials are the leading
cause of fire deaths in the United States, causing an estimated 31,200 structure fires
and 830 deaths in 2001; and
K, 84% of Californians are non-smokers; and
L. There is no Constitutional right to smoke; and
M. State law prohibits smoking in virtually all indoor places of employment
reflecting the state policy to protect against the dangers of exposure to secondhand
smoke; and
N. California law declares that anything that is injurious to health or obstructs
the free use of property so as to interfere with the comfortable enjoyment of life or
property is an nuisance; and
O. Local governments have broad latitude to declare nuisances and are not
constrained by prior definitions of nuisance; and
P. It is the intent of the City Council of the City of Temecula in enacting this
Chapter, to provide for the public health, safety, and welfare by discouraging the
inherently dangerous behavior of smoking around non-tobacco users; by protecting
children from exposure to smoking where they live and play; and by protecting the
public from nonconsensual exposure to secondhand smoke in and around their homes;
and
Q. It is the intent of the City Council of the City of Temecula to supplement
applicable state and federal laws pertaining to smoking and not to duplicate, contradict,
or frustrate such laws. This Ordinance shall be construed consistently with that
intention.
8.36.020.
Definitions
For the purposes of this Chapter the following definitions shall govern unless the
context clearly requires otherwise:
"Business" means any sole proprietorship, partnership, joint venture, corporation,
association, or other entity formed for profit-making purposes or that has an Employee,
as defined in this Section.
2
"Dining Area" means any area available to or customarily used by the general
public that is designed, established, or regularly used for consuming food or drink.
"Employee" means any person who is employed; retained as an independent
contractor by any Employer, as defined in this section; or any person who volunteers his
or her services for an Employer, association, nonprofit, or volunteer entity.
"Employer" means any person, partnership, corporation, association, nonprofit or
other entity who employs or retains the seNice of one or more persons, or supeNises
volunteers.
"Enclosed" means:
1. Any covered or partially covered space having more than 50% of its
perimeter area walled in or otherwise closed to the outside such as, for example, a
covered porch with more than two walls; or
2. Any space open to the sky (hereinafter "uncovered") having more than
75% of its perimeter area walled in or otherwise closed to the outside such as, for
example, a courtyard; except that an uncovered space of three thousand (3000) square
feet or more is not Enclosed, such as, for example, a field in an open-air arena.
"Nonprofit Entity" means any entity that meets the requirements of Section 5003
of the California Corporations Code as well as any corporation, unincorporated
association, or other entity created for charitable, religious, philanthropic, educational,
political, social, or similar purposes, the net proceeds of which are commiUed to the
promotion of the objectives or purposes of the entity and not to private gain. A public
agency is not a nonprofit entity within the meaning of this section.
"Park" means any community park, neighborhood park, special use, or any other
recreational facility maintained by the City of Temecula.
"Person" means any natural person, partnership, cooperative association,
corporation, personal representative, receiver, trustee, assignee, or any other legal
entity.
"Place of Employment" means any area under the legal or de facto control of an
Employer, Business, or Nonprofit Entity that an Employee or the general public may
have cause to enter in the normal course of operations, but regardless of the hours of
operation; including, for example, indoor and outdoor work areas, construction sites,
taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities,
long-term health facilities, and warehouses.
"Playground" means any park or recreational area designed in part to be used by
children that has play or sports equipment installed or has been designated or
landscaped for play or sports activities, or any similar facility located on public or private
school grounds, or on City grounds.
3
"Public Place" means any place, public or private, open to the general public
regardless of any fee or age requirement; including, for example, bars, restaurants,
clubs, stores, stadiums, parks. playgrounds, taxis, and buses.
"Reasonable Distance" means a distance of at least twenty-five (25) feet in any
direction from an area in which smoking is prohibited. This distance should be
reasonably sufficient to make it unlikely that secondhand smoke will enter non-smoking
areas.
"Recreational Area" means any area, public or private, open to the public for
recreational purposes regardless of any fee requirement, including, for example, parks,
gardens, sporting facilities, stadiums, and playgrounds.
"Service Area" means any area designed to be or regularly used by one or more
persons to receive or wait to receive a service, enter a public place, or make a
transaction whether or not such service includes the exchange of money; including, for
example. automated teller machines ("ATMs"), bank teller windows, telephones, ticket
lines, bus stops, and cab stands.
"Significant Tobacco Retailer" means any tobacco retailer that derives seventy-
five percent (75%) or more of gross sales receipts from the sale or exchange of tobacco
products and tobacco paraphernalia.
"Smoking" or to "Smoke" means holding or possessing a lighted tobacco product
or paraphernalia (including but not limited to, a lighted pipe, lighted hookah pipe, lighted
cigar, or lighted cigarette of any kind), or any other lighted weed or plant the smoke of
which is commonly inhaled, or the lighting of a tobacco product, tobacco paraphernalia,
or any other weed or plant the smoke of which is commonly inhaled.
8.36.030. Prohibition of Smoking in Public Places, Places of Employment,
and Other Areas
A. Enclosed Places. Smoking is prohibited in the following Enclosed places
except in places listed in subsection 8.36.030(0) below, and except in such places in
which smoking is already prohibited by state or federal law:
1. Public Places;
2. Places of Employment;
3. Enclosed areas that are adjacent to an Enclosed area in which
smoking is prohibited by any other provision of this Chapter, state law, or federal law
and have a common or shared air space; such as, without limitation, openings, cracks,
air ventilation systems, doorways, hallways, and stairways. For these purposes, the
fact that smoke enters one Enclosed area from another Enclosed area is conclusive
proof that the areas share a common or shared air space;
4
4. Enclosed areas that have common or shared ventilation, air
conditioning, or heating system with an Enclosed area in which smoking is prohibited.
Notwithstanding any other provision, the fact that smoke enters one Enclosed area from
another Enclosed area is conclusive proof that the areas share a common or shared air
space.
B. Unenclosed Places. Smoking is prohibited in the following Unenclosed
places except in such places in which smoking is already prohibited by state or federal
law in which case the state or federal law applies:
1. Places of Employment;
2. Service Areas;
3. Dining Areas;
4. Parks, Playgrounds, and Recreational areas;
5, Ticket, boarding, and waiting areas of transit depots; and
6. The sites of public events including, for example, sports events,
entertainment, speaking performances, ceremonies, pageants, and fairs, provided
however that this prohibition shall not prevent the establishment of a separate,
designated smoking area set apart from and no larger than the primary event area.
C. Unless otherwise prohibited by law, smoking is permitted in the following
Enclosed places:
1 . Significant tobacco retailers, if minors are prohibited at all times
from entering the store.
2. By performers during theatrical productions, if smoking is a part of
the theatrical production;
3. Private residential property, except when designated as non-
smoking under Chapter 30 of Title 17 of this Code or used as a childcare or health care
facility subject to licensing requirements and children, patients, or Employees are
present;
4. Up to twenty-five percent (25%) of hotel and motel guest rooms, if
the hotel or motel permanently designates particular guest rooms as nonsmoking rooms
such that seventy-five (75%) or more of its guest rooms are nonsmoking and ashtrays
and matches are permanently removed from such nonsmoking rooms. Permanent "no
smoking" signage shall be posted in nonsmoking rooms.
5
8.36.040.
Reasonable Smoking Distance Required
A. Smoking is prohibited in all Unenclosed areas within a Reasonable
Distance of:
1. Any entrance, opening, crack, or vent into an Enclosed area in
which smoking is prohibited, except while the person smoking is actively passing on the
way to another destination and so long as smoke does not enter any Enclosed area in
which smoking is prohibited.
2. Any Unenclosed area in which smoking is prohibited under
subdivision (B) of Section 8.36.030 of this Chapter except while the person smoking is
actively passing on the way to an01her destination.
B. The prohibitions in subdivisions (A) of this Section shall not apply to areas
of private property that are not part of a Place of Employment or Public Place.
8.36.050.
Prohibitions and Duties Generally
A. No person, Employer, Business, or Nonprofit Entity shall knowingly permit
the Smoking of Tobacco Products in an area which is under the legal or de facto control
of the person, Employer, Business, or Nonprofit Entity and in which smoking is
prohibited by this Chapter.
B. No person, Employer, Business, or Nonprofit Entity shall knowingly or
intentionally permit the presence or placement of ash receptacles, such as, for example,
ash trays or ash cans, within an area which is under the legal or de facto control of the
person, Employer, Business, or Nonprofit Entity and in which smoking is prohibited,
including, without limitation, inside the perimeter of any Reasonable Distance required
by this Chapter.
C. Notwithstanding any other provision of this Chapter, any owner, landlord,
Employer, Business, Nonprofit Entity, or other person who controls any property,
establishment, or Place of Employment regulated by this Chapter may declare any part
of such area in which smoking would otherwise be permitted to be a nonsmoking area.
D. "No Smoking" or "Smoke Free" signs, with letters of no less than one inch
in height or the international "No Smoking" symbol (consisting of a pictorial
representation of a burning cigarette enclosed in a red circle with a red bar across it)
shall be clearly, sufficiently and conspicuously posted in every Enclosed and
Unenclosed place in which Smoking is prohibited by this Chapter, by the person,
Employer, Business, or Nonprofit Entity that has legal or de facto control of such place.
For purposes of this chapter, the City Manager or designee shall be responsible for the
posting of signs in regulated facilities owned or leased in part by the City,
Notwithstanding this provision, the presence or absence of signs shall not be a defense
to the violation of any other provision of this Chapter.
6
8.36.060.
Enforcement
The remedies provided by this Chapter are cumulative and in addition to any
other remedies available at law or in equity.
A. Violations of this Chapter are subject to penalty pursuant to Chapters 1.21
and 1.24 of the Temecula Municipal Code.
B. No Person shall intimidate, harass, or otherwise retaliate against any
Person who seeks to attain compliance with this Chapter. Moreover, no Person shall
intentionally or recklessly expose another Person to secondhand smoke in response to
that Person's effort to achieve compliance with this Chapter. Violation of this subsection
shall constitute a misdemeanor.
C. Causing, permitting, aiding, abetting, or concealing a violation of any
provision of this Chapter shall constitute an infraction.
D. A violation of this Chapter is hereby declared to be a public nuisance.
E. In addition to other remedies provided by this Chapter or otherwise
available at law or in equity, any violation of this Chapter may be remedied by a civil
action brought by the City, including, without limitation, administrative or judicial
nuisance abatement proceedings, civil or criminal code enforcement proceedings, and
suits for injunctive relief.
Section 2. Environmental Findina. The City Council hereby finds that this
Ordinance is exempt from the requirements of the California Environmental Quality Act
("CEQA"). To the extent that the Ordinance applies to Places of Employment, it
regulates working conditions by ensuring that employees and volunteers are not
exposed to the harmful effects of second-hand smoke and is therefore categorically
exempt from CEQA pursuant to Title 14 of the California Code of Regulations, Section
15324(c), The Ordinance is also exempt from CEQA in its entirety pursuant to Title 14
of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with
certainty that there is no possibility that the Ordinance may have a significant effect on
the environment. The Ordinance will have no adverse environmental affects because it
will reduce the public's exposure to the harmful effects of second-hand smoke.
7
Section 3. Severabilitv. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance, or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of the remaining sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
Ordinance, or its application to any other person or circumstance. The City Council of
the City of Temecula hereby declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of
the fact that anyone or more other sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 4. The City Clerk shall certify the passage and adoption of this
ordinance and to cause this ordinance to be published as required by law.
8
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
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. 07-_was duly introduced and placed upon its first
reading at a meeting of the City Council of the City of Temecula on the day of , ,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , by the following vote:
AYES:
NOES;
ABSENT:
ABSTAIN:
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
Susan W. Jones, MMC
G:\Planning\2007\PA07-Q024 Non-Smoking Ordinance\Planning\Draft CC Ord. - Public places.DOC
ITEM #5
DATE OF MEETING:
PREPARED BY:
PROJECT
DESCRIPTION:
RECOMMENDATION:
CECA:
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
February 7. 2007
Katie Le Comte
TITLE:
Assistant Planner
Planning Application No. PA06-0217, a Minor Modification to
change the exterior paint colors on an existing building (Marie
Callender's Restaurant) located at 29363 Rancho California
Road.
o Approve with Conditions
o Deny
o Continue for Redesign
o Continue to:
C8] Recommend Approval with Conditions
o Recommend Denial
C8] Categorically Exempt
(Section)
(Class)
15301
1 - Ex. Facilities
o Notice of Determination
(Section)
o Negative Declaration
o Mitigated Negative Declaration with Monitoring Plan
DEIR
G:IPlanning\2006\PA06-0217 Marie Callendar Minor ModIPlanninglPC STAFF REPORT.doc
1
PROJECT DATA SUMMARY
Name of Applicant: Mr. Ken Miskam
Date of Completion: July 27,2006
Mandatory Action Deadline Date: February 7, 2007
General Plan Designation: Open SpacefHiQhway Tourist Commercial (OSfHT)
Zoning Designation: Rancho HiQhlands Specific Plan (SP-2)
SitefSurrounding Land Use:
Site:
ExistinQ restaurant (Marie Callender's)
North:
South:
East:
West:
ExistinQ hotel (Doubletree Inn & Suites)) HiQhway Tourist Commercial (HT)
Temecula Duck Pond f Open Space (OS)
ExistinQ restaurant (Black AnQus) f Communit~ Commercial (CC\
ExistinQ multi-family residential f HiQh Density Residential (H)
Lot Area:
NfA
Total Floor Area/Ratio: NfA
Landscape Area/Coverage: NfA
Parking RequiredfProvided: NfA
BACKGROUND SUMMARY
Staff has worked with the applicant to ensure that all concerns have been addressed; however,
the request for an alternative color palette has not been resolved to the satisfaction to staff.
On February 2, 1998, the City of Temecula Planning Commission approved Planning
Application No. PA97-0348, a Development Plan for an 8,684 square foot restaurant (Marie
Callender's), located at 29363 Rancho California Road, generally located on the southwest
corner of Rancho California Road and Ynez Road.
The approval of this Development Plan included the approval of an English Tudor architectural
style with elements of English Pub style (Planning Commission staff report, February 2, 1998).
A color palette, which was determined to be consistent with the General Plan, Rancho
Highlands Specific Plan and City-Wide Design Guidelines, was also approved as a part of the
Development Plan. The approved building color palette included two coordinating beige colors
to be painted on the main body of the building, a medium green color to be painted at the base
of the building, a light green and a light beige for the trim accent colors, a plum color for the
awnings, a medium green color and deep fed for the shutters, and a medium brown tone for
the wood fascia.
G:IPlanning\2006\PA06.0217 Marie Callendar Minor ModIPlanninglPC STAFF REPORT.doc
2
The Conditions of Approval for PA97-0348 require that the colors and materials for the project
substantially conform to the list of approved colors and materials on file with the Community
Development Department. In addition, the Conditions of Approval also require that any
deviation from the approved colors and materials shall be approved by the Director of
Planning.
On July 21, 2006, Marie Callender's began painting their building with a paint palette which
deviated from the approved color scheme without the approval of the Director of Planning. On
this same day, Code Enforcement informed the restaurant manager that they would need to
apply for a Minor Modification to the approved Development Plan to authorize the change in
paint color. The Code Enforcement officer also strongly recommended to the manager that
they halt all painting activities until approval was obtained from the Director of Planning. The
completion of the painting activities took place solely at the risk of the manager and all
associated parties.
ANALYSIS
On July 27, 2006, Marie Callender's submitted a Minor Modification application, which
proposed the same paint colors that currently exist on the building. Staff has since reviewed
the proposed color palette and has determined that it is inconsistent with the design
requirements contained within the Community Design Element of the General Plan, the
Rancho Highlands Specific Plan, and the City-Wide Design Guidelines. Staff has tried to work
with the applicant to obtain a color palette that would achieve all of the goals and requirements
of these documents. Staff also held a meeting with the applicant on September 25, 2006, in
hopes of reaching an acceptable compromise. Since the meeting, staff and the applicant have
reached no resolution. Therefore, staff has brought this project forward for consideration by
the Planning Commission.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act, the proposed project has been
deemed to be categorically exempt from further environmental review. (Section 15301, Class
1, Existing Facilities)
CONCLUSIONfRECOMMENDATION
Staff recommends approval of the project with a Condition of Approval to require that a revised
paint color palette be submitted and approved by the Director of Planning (see Condition of
Approval No.4). The recommended Condition of Approval requires that the revised paint
palette shall be consistent with the architectural style of the building, shall consist of a narrow
color palette to be consistent with the Rancho Highlands Specific Plan, and shall include
complimentary and harmonious shades of paint to be consistent with the Community Design
Element of the General Plan and the City-Wide Design Guidelines.
G:IPlanning\2006\PA06-Q217 Marie Callendar Minor ModIPlanninglPC STAFF REPORT.doc
3
FINDINGS
Development Code Section-Development PlanfMinor Modification 17.05.010 (F)
1. The proposed use is in conformance with the general plan for the City of Temecula and
all applicable requirements of state law, and other ordinances of the City.
As conditioned, the project is in conformance with the Community Design Element of
the General Plan. The goals of the Community Design Element are achieved through
adherence to the guidelines and principles contained within the City-Wide Design
Guidelines. The project. as conditioned, meets the intent of the Community Design
Element of the General Plan, and is consistent with the criteria found within the City-
Wide Design Guidelines. The City-Wide Design Guidelines require the following:
consistency between building colors and architectural style that the cofors used on the
exterior fayade are harmonious, and that fluorescent or bright colors are not used.
Furthermore, the project, as conditioned, is consistent with the requirements found
within the Rancho Highlands Specific Plan. The Rancho Highfands Specific Plan
requires the use of a narrow cofor palette and complimentary shades of paint.
2. The overall development of the land is designed for the protection of the public health,
safety and welfare.
The overall development of the land was designed and impfemented to protect the
public health, safety and welfare, per the original development plan that was approved
on February 2, 1998, under Planning Application No. PA97-0398. The current Planning
Application No. PA06-0217 does not propose any changes to the site design,
landscaping or parking areas as approved under the original Pfanning Application. The
only proposed change is to the exterior paint colors, which is not anticipated to have an
adverse impact on the health, safety and welfare of the public.
ATTACHMENTS
1. Vicinity Map - Blue Page 5
2. Color Exhibits - Blue Page 6
3. PC Resolution 07-_ - Blue Page 7
Exhibit A - Draft Conditions of Approval
G:IPlanning\2006IPA06.0217 Marie Callendar Minor ModlPlanninglPC STAFF REPORT.doc
4
ATTACHMENT NO.1
VICINITY MAP
G:\Planning\2006IPA06-0217 Marie Callendar Minor ModIPlanninglPC STAFF REPORT.doc
5
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COLOR EXHIBITS
G:IPlanning\2006IPA06-Q217 Marie Callendar Minor ModIPlanninglPC STAFF REPORT.doc
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ATTACHMENT NO.3
PC RESOLUTION NO. 07-_
G:IPlanning\2006\PA06-0217 Marie Callendar Minor ModIPlanninglPC STAFF REPORT.doc
7
PC RESOLUTION NO. 07-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA06-0217, A MINOR MODIFICATION FOR THE CHANGE
OF EXTERIOR PAINT COLORS FOR AN EXISTING BUILDING
(MARIE CALLENDER'S RESTAURANT), LOCATED AT 29363
RANCHO CALIFORNIA ROAD (APN: 944-330-011).
Section 1. Procedural Findinas. The Planning Commission of the City of Temecula
does hereby find, determine and declare that:
A. On February 2, 1998, the Planning Commission of the City of Temecula
approved Planning Application No. PA97-0348;
B. On July 26, 2006, Val Orloff (for Ken Miskam), representing Marie Callender's,
filed Planning Application No. PA06-0217, a Minor Modification Application, in a manner in
accord with the City of Temecula General Plan and Development Code;
C. The Application was processed including, but not limited to a public notice, in the
time and manner prescribed by State and local law;
D. The Planning Commission, at a regular meeting, considered the Application and
environmental review on February 7, 2007, 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;
E. At the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission approved Planning Application No. PA06-0217 subject to and based
upon the findings set forth hereunder;
F. Alllegai preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The Planning Commission, in approving the Application
hereby finds, determines and declares that:
Minor ModificationfDevelopment Plan, 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 ordinance of the City;
As conditioned, the project is in conformance with the Community Design Element of the
General Plan. The goals of the Community Design Element are achieved through
adherence to the guidelines and principfes contained within the City-Wide Design
Guidelines. The project, as conditioned, meets the intent of the Community Design
Element of the Generaf Plan, and is consistent with the criteria found within the City-
Wide Design Guidelines. The City-Wide Design Guidelines require the following:
consistency between building colors and architectural style that the colors used on the
exterior fapade are harmonious, and that fluorescent or bright colors are not used.
Furthermore, the project, as conditioned, is consistent with the requirements found within
G:IPlanning\2006\PA06-0217 Marie Callendar Minor ModlPlanninglPC RESOLUTION EXEMPT FROM CEQA.doc
1
the Rancho Highfands Specific Plan. The Rancho Highlands Specific Plan requires the
use of a narrow color pafette and complimentary shades of paint.
B. The overall development of the land is designed for the protection of the public
health, safety and welfare.
The overall development of the land was designed and implemented to protect the public
health, safety and welfare, per the originaf development plan that was approved on
February 2, 1998, under Planning Appfication No. PA97-0398. The current Planning
Application No. PA06-0217 does not propose any changes to the site design,
landscaping or parking areas as approved under the original Planning Application. The
only proposed change is to the exterior paint colors, which is not anticipated to have an
adverse impact on the heafth, safety and welfare of the public.
Section 3. Environmental Comoliance. In accordance with the California
Environmental Quality Act, the proposed project has been deemed to be Categorically Exempt
from further environmental review (Section 15301, Class 1, existing facilities).
Section 4. Conditions. The Planning Commission of the City of Temecula approves
Planning Application No. PA06-0217, a Minor Modification for the change of exterior paint colors
on an existing building (Marie Callender's Restaurant), located at 29363 Rancho California
Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and
incorporated herein by this reference.
G:IPlanning\2006IPA06-Q217 Marie Callendar Minor ModlPlanninglPC RESOLUTION EXEMPT FROM CEQA.doc
2
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 7'" day of February, 2007.
Dennis Chiniaeff, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that the forgoing PC Resolution No. 07-_ 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
February 2007, by the following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
G:\Planning\2006IPA06-0217 Marie Callendar Minor ModIPlanninglPC RESOLUTION EXEMPT FROM CEQA.doc
3
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
G:IPlanning\2006IPA06-0217 Marie Callendar Minor ModlPlanninglPC RESOLUTION EXEMPT FROM CEQA.doc
4
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA06-0217
Project Description:
A Minor Modification for the change of exterior paint
colors on an existing building (Marie Callender's
Restaurant), located at 29363 Rancho California Road.
Assessor's Parcel No.
944-330-011
Approval Date:
February 7, 2007
Expiration Date:
February 7,2009
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 $64.00 for the County
administra1ive fee, to enable the City to file the Notice of Exemption as provided under Public
Resources Code Section 21152 and California Code of Regulations Section 15062. If within
said 48-hour period the applicant/developer has not delivered to the Planning Department
1he 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\PA06-0217 Marie Callender Minor Mod\Planning\DRAFT COA's.doc
1
GENERAL REQUIREMENTS
G:\Planning\2006\PA06-0217 Marie Callender Minor Mod\Planning\DRAFT 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. A revised paint color palette shall be submitted and approved by the Director of Planning.
The paint palette shall be consistent with the architectural style of the building, shall consist
of a narrow color palette to be consistent with the Rancho Highlands Specific Plan, and shall
include complimentary and harmonious shades of paint to be consistent with the Community
Design Element of the General Plan and the City-Wide Design Guidelines.
5. The permittee shall obtain City approval for any modifications or revisions to the approval of
this development plan.
6. No later than 30 days from the approval of this Planning Application the applicant shall
submit to the Planning Department 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.
7. The development of the premises shall substantially conform to the approved exhibits
(colors and materials) on file with the Planning Department.
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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.
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
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