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050703 PC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE May 7, 2003 - 6:00 P.M. Next in Order: Resolution: No. 2003-022 CALL TO ORDER Flag Salute: Chairman Chiniaeff Roll Call: Guerriero, Mathewson, Olhasso, Telesio and Chiniaeff 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 o'~-a~nd 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. I A.qenda RECOMMENDATION: 1.1 Approve the Agenda of May 7, 2003 R:\PLANCOMM',Agendas~2003\05-O7-O3.dOC 2 · Director's Hearinq Case Update 'RECOMMENDATION: 2.1 Approve the Director's Hearing Case Update for April, 2003 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. Continued from April 9, 2003 3 Planning Application No. PA02-0340 To establish a Comprehensive Land Use Plan in association With a future retail/commemial shopping center located on the southeast and southwest corners of Pechan,qa Parkway and State Highway 79 South, Matthew Harris, Associate Planner RECOMMENDATION: 3.1 Adopt a Determination of Consistency exemption for Planning Application No. 02-0340 (Comprehensive Land Use Plan) pursuant to Section 15162 of the California Environmental Quality Act; 3.2 Adopt a resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0340, A COMPREHENSIVE LAND USE PLAN TO ESTABLISH GUIDELINES AND CRITERIA FOR THE FUTURE DEVELOPMENT OF A RETAIL/COMMERCIAL SHOPPING COMPLEX ON A 14.3-ACRE SITE. THE SITE IS GENERALLY LOCATED AT THE SOUTHEAST AND ' SOUTHWEST *CORNERS OF STATE HIGHWAY 79 SOUTH AND PECHANGA PARKWAY ALSO KNOWN AS ASSESSORS PARCEL NOS. 961~010-001,004 &005. R~PLANCOMM'~gendas~003\05-O7-03.doc 2 New Items 4 Planning Application No. PA02-0623 (Tentative Tract Map No. 30669)1 PA02~0648 Tentative Tract Map No. 30668), PA02-0673 (Tentative Tract Map No. 30667}, PA02-0674 (Tentative Tract Map No. 31053) A proposal to subdivide portions of Planninq Areas 1, 2, 3, and 8 of the Harveston Specific Plan into 664 dwellinq units located north of Winchester Road and west of Margarita Road, Matthew Harris, Associate Planner RECOMMENDATION: 4.1 Adopt a Notice of Exemption based on the Determination of Consistency for which an Environmental Impact Report (EIR) was pre)/iously certified pursuant to CEQA Guidelines Section 15162 4.2 Adopt a resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0623, TENTATIVE" TRACT MAP NO. 30669 SUBDIVIDING PORTIONS OF PLANNING AREAS 2 AND 3 OF THE HARVESTON SPECIFIC PLAN INTO 195 SINGLE-FAMILY LOTS AND 10 OPEN SPACE LOTS FOR LENNAR COMMUNITIES ON 31.3 VACANT ACRES. GENERALLY LOCATED SOUTH OF HARVESTON DRIVE AND EAST OF YNEZ, KNOWN AS PORTIONS OF ASSESSORS PARCEL NOS. 911-180-002, 003, 004 & 015. PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0648, TENTATIVE TRACT MAP NO. 30668 SUBDIVIDING A PORTION OF PLANNING AREA 2 OF THE HARVESTON SPECIFIC PLAN INTO 100/SINGLE-FAMILY LOTS AND 5 OPEN SPACE LOTS FOR LENNAR COMMUNITIES ON 18.3 VACANT ACRES. GENERALLY LOCATED NORTH OF HARVESTON DRIVE AND EAST OF yNEZ, KNOWN AS PORTIONS OF ASSESSORS PARCEL NOS. 911-180-002, 003, 004 & 015. R:\PLANCOMM~Agendas~003\05-07-03.doc 3 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0673, TENTATIVE TRACT MAP NO. 30667 SUBDIVIDING A PORTION OF PLANNING AREA I OF THE HARVESTON SPECIFIC PLAN INTO 171 SINGLE-FAMILY LOTS AND 11 OPEN SPACE LOTS FOR LENNAR COMMUNITIES ON 40.5 VACANT ACRES. GENERALLY LOCATED SOUTH OF HARVESTON DRIVE AND WEST OF MARGARITA ROAD, KNOWN AS PORTIONS OF ASSESSORS PARCEL NOS. 911-180-002, 003, 004 & 015. PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02-0674, TENTATIVE TRACT MAP NO. 31053 SUBDIVIDING A PORTION OF PLANNING AREA 8 OF THE HARVESTON SPECIFIC PLAN INTO 198 SINGLE-FAMILY LOTS AND 15 OPEN SPACE LOTS FOR LENNAR COMMUNITIES ON 34.3 VACANT ACRES. GENERALLY LOCATED NORTH OF YNEZ BETWEEN DATE STREET AND HARVESTON DRIVE, KNOWN AS PORTIONS OF ASSESSORS PARCEL NOS. 916-170-006, 910-120-003 & 008, 910-110-013. 5 Plannin.q Application No. PA03-0627 An Extension of Time for Plannin.q Application No. PA99-0317, a Development Plan to desiqn, construct and operate a 220-unit, two and three- story apartment complex with pool, clubhouse, workout buildin.q and tot lot on approximately 21 acres located On the south side of Rancho California Road, southeast of the corner of Rancho California *Road and Moraqa Road (APN 944-290-011), Rick Rush, Associate Planner RECOMMENDATION: 5.1 Adopt a Notice of Determination for Planning Application No. PA03-0627 pursuant to Section 15162 of the California Environmental Quality Act; 5.2 Adopt a resolution entitled: R:\PLANCOMM\Agendas~003~05-O7-03.doc 4 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0627 A ONE YEAR EXTENSION OF TIME (THE FIRST ONE YEAR EXTENSION OF TIME) FOR PLANNING APPLICATION NO. PA99-0317 (DEVELOPMENT PLAN) TO DESIGN, CONSTRUCT AND OPERATE A 220-UNIT, 'i"WO AND THREE-STORY APARTMENT COMPLEX WITH A POOL, CLUBHOUSE, WORKOUT BUILDING AND TOT LOT ON APPROXIMATELY 21-ACRES LOCATED ON THE SOUTH SIDE OF RANCHO CALIFORNIA SOUTHEAST OF THE INTERSECTION OF RANCHO CALIFORNIA ROAD AND MORAGA ROAD, KNOWN AS ASSESSOR'S PARCEL NO. 944- 290-011. 6 7 Plannin.q Commission No. PA03-0214 A Substantial Conformance for Tract Map No. 23209, to modify Conditions of Approval 31 and 110 located west of Butterfield Sta.qe Road and North of Rancho California Road1 Rick Rush, Associate Planner RECOMMENDATION: :6.1 Adopt a Notice of Determination for Planning Application No. PA03-0214 pursuant to Section 15162 of the California Environmental Quality Act; 6.2 Adopt a resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE cITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0214, A SUBSTANTIAL CONFORMANCE FOR TRACT MAP NO. 23209; TO MODIFY CONDITIONS OF APPROVAL 31 AND 110, GENERALLY LOCATED WEST OF BUTTERFIELD STAGE ROAD AND NORTH OF RANCHO CALIFORNIA AND KNOWN AS ASSESSORS PARCEL NO.'S 914-310-018 THROUGH 032 Planninq Application No. PA02-0371 and PA02-0372 A Tentative Tract Map application to subdivide 4.57 qmss acres into 7 sin.qle-family qated residential lots avera.qin.q 0.5 net acres and A Chan.qe of Zone application to chan.qe the zoninq from Low Density Residential (L-l) to Low Density Residential (L-2) located on the east side of Ynez Road, opposite Quiet Meadow Road and approximately 473 linear feet north of the centerline of Santiaqo Road, Don Hazen, Principal Planner RECOMMENDATION: 7.1 Recommend to City Council, Adoption of a Negative Declaration based on the Initial Study, which was prepared pursuant to CEQA Guidelines Section 15072. R:\PLANCOMM~Agendas~2003\05-07-03.doc 5' 7.2 AdOpt a resolution entitled: PC RESOLUTION NO. 2003-__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING CITY COUNCIL APPROVAL OF PLANNING APPLICATION PA02-0372 A REQUEST FOR A CHANGE OF ZONE FROM LOW DENSITY RESIDENTIAL (L~I) TO LOW DENSITY RESIDENTIAL (L-2), GENERALLY LOCATED ON THE EAST SIDE OF YNEZ ROAD, OPPOSITE QUIET MEADOWS ROAD, APPROXIMATELY 473 LINEAR FEET NORTH OF THE CENTER LINE OF SANTIAGO ROAD, KNOWN AS ASSESSOR PARCEL NO. 945-060-006. 7.3 Adopt a resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING CITY COUNCIL APPROVAL OF PLANNING APPLICATION NO. PA02-0371 TENTATIVE TRACT MAP NO. 30169 SUBDIVIDING ONE SINGLE-FAMILY RESIDENTIAL LOT INTO SEVEN SINGLE-FAMILY LOTS ON 4.57 GROSS ACRES, GENERALLY LOCATED ON THE EAST SIDE OF YNEZ ROAD, OPPOSITE QUIET MEADOWS ROAD, APPROXIMATELY 473 LINEAR FEET NORTH OF THE CENTER LINE OF SANTIAGO ROAD, KNOWN AS ASSESSOR PARCEL NO. 945-060-006. 8 Planninq Application No.'s PA02-0605 a Development Plan for the desiqn and construction of a 9.24-acre commemial center which includes two proposed retail buildin.qs totalin.q 20,500 'square feet and three conceptual futura retail buildin.q pads, PA02-0606 a Conditional Use Permit and Development Plan for the desi.qn and construction of a 4,000 square foot restaurant buildin.q with a drive-thru, on Pad "G" of a 9.24-acre commemial center within Temecula Reqional Center, PA02-0607 a Development Plan for the desiqn · and construction of a 5,514 square foot restaurant, on pad "F" of a 9.24-acre commercial center within the Temecula Re.qional Center located on the northwest corner of North General Kearny and Marqarita Roads in the Temecula Re.qional Center (aka Power Center II) (APN 910-130-087 thru -090, -0921 & -096}, Thomas ThornsleyI Associate Planner RECOMMENDATION: 8.1 Adopt a Notice of Exemption for Planning Application No.'s PA02-0605, PA02-0606, · and PA02-0607 (Development Plan) based on the Determination of Consistency with a project for which an Environmental Impact Report (EIR) was previously certified pursuant to CEQA Guidelines Section 15162 - Subsequent EIR's and Negative Declarations; 8.2 Adopt a rasolution entitled: R:\P LANC OM M'~Agendas",2003~5-07-03.doc 6 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0605 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 9.24 ACRE COMMERCIAL CENTER WHICH INCLUDES TWO PROPOSED RETAIL BUILDINGS TOTALING 20,500 SQUARE FEET AND THREE CONCEPTUAL FUTURE RETAIL BUILDING PADS LOCATED WITHIN THE TEMECULA REGIONAL CENTER ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO.'S 910-130-087, 088, 089, 090, 092, AND 096. 8.3 Adopt a resolution entitled: PC RESOLUTION NO. 2003- 8.4 Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0606 - A CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 4,000 SQUARE FOOT RESTAURANT BUILDING WITH A DRIVE-THRU, AT A 9.24 ACRE COMMERCIAL CENTER WITHIN THE TEMECULA REGIONAL CENTER, LOCATED ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO. 910-130-092. a resolution entitled: PC RESOLUTION NO. 2003-.__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0607 - A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 5,514 SQUARE FOOT RESTAURANT, AT A 9.24 ACRE COMMERCIAL CENTER WITHIN THE TEMECULA REGIONAL CENTER, LOCATED ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO. 91 0-130-096. COMMISSIONER'S REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT · Next meeting: May 21,2003- Council chambers 43200 Business Park Drive, Temecula, CA 92590 R:\PLANCOMM~gendas~003~05-07-03.doc 7 ITEM #2 TO: FROM: DATE: SUBJECT: CITY OFTEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM Planning Commission Debbie Ubnoske, Director of Planning May 7, 2003 Director's Hearing Case Update Planning Director's Agenda items for April 2003 April3,2003 PA02-0704 Product Review for 112 detached single- Greystone Approved family residential homes, ranging from Homes 2,283 to 2,839 square feet with 4 different plans and 3 architectural designs located in the Crowne Hill Tract 23143-6 April 10, 2003 PA03-015 Product Review for 119 detached single- Greystone Approved family residential homes, ranging from Homes ~ 2,621 to 3,322 square feet 3 with different plans and 3 architectural designs located in the Crowne Hill Tract 23143-10, -11, -F April 24, 2003 PA02-0714 A minor Conditional Use Permitto establish Paradise Approved an automobile storage and employee Chevrolet parking lot located at 26800 Ynez Road. April24, 2003 PA02-0562 A Tentative Parcel Map request to Rancho Approved subdivide 39.14 acres into 17 parcels Community located on the north side of Hwy. 79 South Church beginning 480 feet east of Jedidiah Smith Rd. and continuing east for 2,400 feet. Attachments: 1. Action Agendas - Blue Page 2 P:\PtANNING\DIRHEAR\MEMO\2003\April 2003 meino.doc ATTACHMENT NO. I ACTION AGENDAS p:\PLA N NIN G\DIRH EA R\M EM O\~003L4pri12003 memo doc ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING April 3, 2003 1:30 PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Don Hazen, 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 your name and address. Item No. 1: Case No(s): Applicant: Location: Proposal: Environmental Action: Case Planner: ACTION: PA02-0704 Product Review Fairmont Homes at Crowne Hill Tracts 23143-6. PA03-0015 Product Review Nottingham Homes at Crowne Hill Tracts 23143- 10-11 -F. Greystone Homes, Mary Anne Paradise, 40980 County Center Drive, Ste 110, Temecula, CA Crowne Hill Subdivision Tracts 23143-6, -10 thru Final, east of Butterfield Stage Road south of Pauba Road along both sides of Crowne Hill Drive. PA02-0704 Product Review for 112 detached single-family residential homes, ranging from 2,283 square feet to 2,839 square feet with 4 different plans and 3 amhitectural designs. PA03-0015 Product Review for 119 detached single-family residential homes, ranging from 2,621 square feet to 3,322 square feet with 3 different plans and 3 architectural designs. Determination of Consistency with a project for which a Negative Declaration was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations). Thomas Thornsley APPROVED PA02-0704 CONTINUED PA03-015 TO APRIL 10, 2003 P:\PLANNING\DIRHEAR\Agendas\2003\04-03-03 ACTION AGENDA.doc ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING April 10, 2003 1:30 PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Don Hazen, 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 your name and address. Item No. 1: Case No(s): Applicant: Location: Proposal: Environmental Action: Case Planner: ACTION: PA03-0015 Product Review Nottingham Homes at Crowne Hill Tracts 23143- 10 -11 -F. (Continued from April 3, 2003) Greystone Homes, Mary Anne Paradise, 40980 County Center Drive, Ste 110, Temecula, CA Crowne Hill Subdivision Tracts 23143-6, -10 thru Final, east of Butteffield Stage Road south of Pauba Road along both sides of Crowne Hill Drive. PA03-0015 Product Review for 119 detached single-family residential homes, ranging fram 2,621 square feet to 3,322 square feet with 3 different plans and 3 architectural designs. Determination of Consistency with a project for which a Negative Declaration was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations). Thomas Thornsley APPROVED I :\PLANNING\DIRHEAR\Agendas\2003\04-10 03 ACTION AGENDA.do ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING April 24, 2003 1:30 PM TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Don Hazen, 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 net 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 your name and address. Item No. 1: Case No: Applicant: Location: Proposal: Environmental Action: Case Planner: Case Engineer: ACTION: PA02-0714 (Minor Conditional Use Permit). Paradise Chevrolet 26800 Ynez Road A Minor Conditional Use Permit to establish an automobile storage and employee parking lot. (APN #921-750-011 ) Project is exempt from CEQA provisions in accordance with Class 32 Categorical Exemption 15332 (In-Fill Development Projects). Sid Pena, Planning Technician Annie Bostre-Le, Special Projects Engineer APPROVED Item No. 2 Case No: Applicant: Location: Proposal: Environmental Action: Case Planner: ACTION: PA 02-0562 - Tentative Parcel Map Number 30798 Rancho Community Church, 29141 Vallejo Ave., Temecula, CA 92592 The north side of State Highway 79 South beginning 480 feet east of Jedidiah Smith Road and continuing east for 2,400 feet. (Assessor's Parcel Numbers 959-070-003 thru -006 and 959-060-001 thru -005. A Tentative Parcel Map request to subdivide 39.14 acres into 17 parcels Determination of Consistency with a project for which an Environmental Impact Report (EIR) was previously certified (Sec. 15162 - Subsequent EI Rs and Negative Declarations). Thomas Thornsley APPROVED I :\I LANNING\DIRHEAR\Agendas\~003\04-24-03 AGENDA doc ITEM #3 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION May 7, 2003 Planning Application No. PA02-0340 (Comprehensive Land Use Plan) Prepared By: Matthew Harris, Associate Planner 1. ADOPT a Determination of Consistency exemption for Planning Application No. 02-0340 (Comprehensive Land Use Plan) pursuant to Section 15162 of the California Environmental Quality Act; 2. ADOPT a Resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02- 0340, A COMPREHENSIVE LAND USE PLAN TO ESTABLISH GUIDELINES AND CRITERIA FOR THE FUTURE DEVELOPMENT OF A RETAIL/COMMERCIAL SHOPPING COMPLEX ON A 14.3 ACRE SITE. THE SITE IS GENERALLY LOCATED AT THE SOUTHEAST AND SOUTHWEST CORNERS OF STATE HIGHWAY 79 SOUTH AND PECHANGA PARKWAY ALSO KNOWN AS ASSESSORS PARCEL NOS. 961-010-001,004 &005. APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: GENERAL PLAN DESIGNATION: EXISTING LAND USE: Rainbow Canyon LLC To establish a Comprehensive Land Use Plan in association with a future retail/commercial shopping center. Southeast and southwest corners of Pechanga Parkway and State Highway 79 South Professional Office (PO) & Highway Tourist (HT) North: Very Low Density Residential (VL) South: Open Space (OS) East: Planned Development Overlay (PDO-4) West: Medium Density Residential (M) Professional Office (PO) & Highway Tourist Commercial (HTC) Vacant R:\DESIGN GUIDELINES\PA02-0340 Rainbow Canyon Design Guidelines\2nd Staff Report.doc SURROUNDING LAND USES: North: Residential South: Open Space East: Vacant West: Residential BACKGROUND This application was continued from the February 19th Planning Commission meeting after the Commission identified several project design issues, Since the February 19th meeting, staff and Commissioner Telesio met three times with the applicant's representative and architect to further clarify specific issues, The Commission continued the item again at the March 19th and April 9th meetings after the applicant's representative requested additional time. The applicant's representative has now submitted revisions to portions of the Comprehensive Land Use Plan. PROJECT DESCRIPTION/ANALYSIS The following is a summary of the vadous design issues identified by the Planning Commission at their February 19t~ meeting and at the subsequent meetings held with staff, Staff's response to the applicants' recently submitted Land Use Plan revisions is denoted in italics. Additional language is needed in Land Use Plan assuring that long building expanses will not result along the Highway 79 South and Pechanga Boulevard frontages. Specific text (Section 5.02) has been added to the Design Guidelines stating that buildings sited along Highway 79 should generally be located within the building envelopes shown on Exhibit A. Moreover, the building elevations should not have more than 140 feet of continuous wall space without allowing for variation of waft plane via insets or pop-outs in the wall surfaces. In addition, the text specifies that trellis elements, knee walls and/or variation in the height of roof elements should also be utilized along these elevations. Staff believes these guidelines shaft serve to ensure that long building expanses will not occur along the Highway. 2. A typical layout of an outdoor patio area is needed. Specific text (Section 11.07) has been added to the Design Guidelines in association with pedestrian/patio areas. The text specifies that at least 2 or 3 pedestrian seating/patio areas should be established within the shopping center either between buildings, within an expanded sidewalk or in end cap areas of the building. In addition, the guidelines also specify the use of buffering between the patios and parking areas or roadways. Exhibit D-3 has been added which provides a typical layout of a patio area. The layout depicts decorative paving and planting areas with raised planters both within and around the patio. Staff believes the revised plan text and associated exhibit will result in both attractive and functional outdoor gathering areas onsite. The existing building photos and all references thereto should be deleted from the design guidelines section of the plan. The photographs of existing buildings within Temecula that represent specific architectural styles have been deleted entirely along with all written reference thereto per Commission direction. R:\DESIGN GUIDELINES\PA02-0340 Rainbow Canyon Design Guidelines\2nd Staff Report.doc 2 Additional amhitectural details (i.e. cornices, windows, railings, awnings, etc.) should be provided to further articulate key elements of each of the two architectural styles proposed onsite. Subsequent to the Commission's previous review of the project designs, the applicants representative has replaced the 'Wine County" architectural style with a "California Colonial" style. The "Mediterranean" style is still being proposed. Exhibits E- 1 and E-2 now provide · typical dimensioned details for various design features associated with each of the architectural styles. Details include cornice, column, tower, window, accent trim, decorative lighting and canvas awning sheets. Moreover, Exhibits F-1 thru F-11 represent color elevations of each architectural style along with corresponding plan views which further clarity depth of offsets and pop-outs. Both planning staff and Commissioner Telesio met with the applicants representative and architect on three separate occasions since the February lffh Planning Commission meeting. The meetings resulted in additional refinements to the building elevations, plan views and outdoor patios. Issues included the incorporation of additional or varying building materials, additional landscaping along front elevations, aesthetic enhancement of emergency doors along street elevations and beautification of outdoor patio areas. It was further decided that building designs found inconsistent with the design guidelines outlined in the Land Use Plan would be considered by the Planning Commission on an individual basis. Overall, staff believes the additional details and enhancements provided in the revised Land Use Plan serve to ensure that future development onsite is consistent with the Plan. Any reference in the Land Use Plan relating to metal roofs, metal canopies or metal awnings should be deleted. Section 11.04 "Materials and Colors" has been re-written so as to prohibit metal roofs, canopies and awnings per Commission direction. The exhibits showing main entry features at the Highway 79/Pechanga Parkway intersection should be revised to show more significant improvements, i.e. public art, decorative structures, etc. Subsequent to the February 19~ Planning Commission meeting, the applicant and the City have held discussions associated with both the short-term and long-term improvement of the major entry monumentation areas. The areas are located at the southeast and southwest comers of Pechanga Parkway and State Highway 79. It has been decided that the City and property owner will enter into a separate agreement in the near future regarding the design, improvement and maintenance of the monumentation areas. Both the short-term and long- term monumentation designs will be submitted to the Planning Commission for review and approval. Typical building elevations of "major" tenant buildings should be included in the Land Use Plan. Exhibits F-8 thru F- 11 provide major tenant entry and side elevations and corresponding plan views for both the ~Califomia Colonial" and "Mediterranean" architectural styles proposed as requested by the Commission. In addition to the above issues, staff had previously recommended that the entire chapter of the Development Code devoted to signs (Chapter 17.28) be incorporated into the Land Use Plan R:~DESIGN GUIDELINESkPA02-0340 Rainbow Canyon Design GuidelJnes\2nd Staff Report.doc 3 document and referenced therein. The applicant has since referenced Chapter 17.28 and staff has attached the Chapter at the end of the plan document. The February 19; 2003 Planning Commission staff report also recommended various plan modifications which were included as conditions of approval. Since that time, staff has determined that all previously requested modifications have been fully addressed in either the document text or attached exhibits. Therefore, staff has deleted these conditions of approval from Exhibit A of the current staff report. CONCLUSION/RECOMMENDATION Staff believes the latest Comprehensive Land Use Plan revisions submitted by the applicant serve to fully address the Commission's outstanding design issues identified above. Therefore, staff recommends approval of the Comprehensive Land Use Plan with the attached conditions of approval. FINDINGS The plan to establish guidelines and criteria for the future development of a retail/commemial shopping center complex is consistent with the City's General Plan including Land Use Element Goal 3, Policy 3.1 given the Comprehensive Land Use Plan "considers the compatibility of the proposed project on surrounding uses including use of materials and landscaping. In addition, the Plan conforms with the adopted Development Agreement, City- Wide Design Guidelines and Development Code. Attachments: PC Resolution - Blue Page 5 Exhibit A - Revised Rainbow Canyon Tenant Design Guidelines - Blue Page 8 Exhibit B - Conditions of Approval - Blue Page 9 2. February 19, 2003 Planning Commission Staff Report - Blue Page 12 3. February 19, 2003 hearing minutes - Blue Page 13 R:\DESIGN GUIDELINESkF'A02-0340 Rainbow Canyon Design GuidelinesX2nd Stuff Report.doc 4 ATI'ACHMENT NO. 1 PC RESOLUTION NO. 2003- R:~DESIGN GUIDELINES~PA02-0340 Rainbow Canyon Design Guidelines\2nd Staff Report.doc 5 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CFFY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02- 0340, A COMPREHENSIVE LAND USE PLAN TO ESTABLISH GUIDELINES AND CRITERIA FOR THE FUTURE DEVELOPMENT OF A RETAIL/COMMERCIAL SHOPPING COMPLEX ON A 14.3 ACRE SITE. THE SITE IS GENERALLY LOCATED AT THE SOUTHEAST AND SOUTHWEST CORNERS OF STATE HIGHWAY 79 SOUTH AND PECHANGA PARKWAY ALSO KNOWN AS ASSESSORS PARCEL NOS. 961-010-001,004 & 005 WHEREAS, Rainbow Canyon LLC, filed Planning Application No. PA02-0340, (Comprehensive Land Use Plan "Application"), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at regular meetings, considered the Application on February 19, 2003, and May 7, 2003 at duly noticed public hearings 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; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. reference. The above recitations are true and correct and are hereby incorporated by Section 2. Findinqs. The Planning Commission, in approving the Application hereby makes the following finding: The plan to establish guidelines and criteria for the future development of a retail/commemial shopping center complex is consistent with the City's General Plan including Land Use Element Goal 3, Policy 3.1 given the Comprehensive Land Use plan "considers the compatibility of the proposed project on surrounding uses including use of materials and landscaping. In addition, the Plan conforms to the adopted Development Agreement, City-Wide Design Guidelines and Development Code. Section 3. Environmental Compliance. No new significant environmental impacts have resulted since a Negative Declaration was previously prepared. Therefore, the project has been found to qualify for a Determination of Consistency exemption, pursuant to Section 15162 of the California Environmental Quality Act Guidelines. R:'~DESIGN GUIDELINES\PA02-0340 Rainbow Canyon Design Guidelines~2nd Staff Report.doc Section 4. Approval/Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Application, a request to establish guidelines and policies in association with the future development of a 14.3 acre retail/commemial shopping complex set forth on Exhibit 'A', attached hereto, and as conditioned and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary as shown on Exhibit 'B'. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7t~ day of May 2003. ATTEST: Dennis Chiniaeff, Chairperson 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. 2003- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7t~ day of May, 2003, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:~DESlGN GUIDELINES\PA02-0340 Rainbow Canyon Design Guidelines~nd Staff Report.doc 7 EXHIBIT A RAINBOW CANYON TENANT DESIGN GUIDEBNES (SEE ENCLOSED BINDER) R:\DESIGN GUIDELINES\PA02:0340 Rainbow Canyon Design Guidelines~nd Staff Report.doc $ EXHIBIT B CONDITIONS OF APPROVAL R:~DESIGN GUIDELiNES\PA02-0340 Rainbow Canyon Design Guidelines~nd Staff Report.doc 9 EXHIBIT B CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA02-0340 Comprehensive Land Use Plan Project Description: Planning Application to establish guidelines and criteria in association with the future development of a retail/commercial-shopping complex on a 14.3-acre site. Assessor's Parcel No.: 961-010-001,004 & 005 Approval Date: May 7, 2003 Expiration Date: November 15, 2009 PLANNING DIVlSION Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Community Development Department - Planning Division 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 Exemption required under Public Resoumes Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division 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)]. GENERAL REQUIREMENTS 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 the 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. The permittee shall obtain City approval for any modifications or revisions to the approval of this Comprehensive Land Use Plan. R:\DESIGN GUIDELINES\PA02-0340 Rainbow Canyon Design Guidelines~2nd Staff Report.doc This approval shall be used prior to the expiration date specified; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval that is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. = The City and property owner shall enter into an agreement regarding the short-term and long-term design, improvement and maintenance of the major entry monumentation areas located at the southwest and southeast corners of Pechanga Parkway and State Highway 79 South. 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 Name printed R:~DF-SIGN GUIDELINES\PA02-0340 Rainbow Canyon Design Guidelines~2nd Staff Report.doc ]] ATTACHMENT NO. 2 FEBRUARY 19, 2003 PLANNING COMMISSION STAFF REPORT R:\DESIGN GUIDELiNES\PA02-0340 Rainbow Canyon Design Guidelines~2nd Staff Report.doc STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION February 19, 2003 Planning Application No. PA02-0340 (Comprehensive Land Use Plan) Prepared By: Matthew Harris, Associate Planner 1. ADOPT a Determination of Consistency exemption for Planning Application No. 02-0340 (Comprehensive Land Use Plan) pursuant to Section 15162 of the California Environmental .. Quality Act; 2. ADOPT a Resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING. PLANNING APPLICATION NO. 02- 0340, A COMPREHENSIVE LAND USE PLAN TO ESTABLISH GUIDELINES AND CRITERIA FOR THE FUTURE DEVELOPMENT OF A RETAIL/COMMERCIAL' SHOPPING COMPLEX ON A 14.3 ACRE SITE: THE SITE IS GENERALLY LOCATED AT THE SOUTHEAST AN D SOUTHWEST CORNERS OF STATE HIGHWAY 79 SOUTH AND PECHANGA PARKWAY ALSO KNOWN AS ASSESSORS PARCEL NOS. 961-010-001,004 &005. APPLICA'HON INFORMATION APPLICANT: PROPOSAL: Rainbow Canyon LLC To establish a Comprehensive Land Use plan in association with a future retail/commercial shopping center. LOCATION: =EXISTING ZONING: SURROUNDING .ZONING: Southeast and southwest comers of Pechanga Parkway and State Highway 79 South Professional Office (PO) & Highway Tourist (HT) North: Very Low Density Residential (VL) South: Open Space (OS) East: Planned Development Oveday (PDO~4) West: Medium Density Residential (M) GENERAL PLAN DESIGNATION: Professional Office (PO) & Highway Tourist Commemial (HTC) EXISTING LAND USE: Vacant R:~DESIGN GU IDELlNES~PA02-0340 Rainbow Canyon Design Guidclines\S~a flReporLdoc SURROUNDING LAND USES: North: Residential South: Open Space East: Vacant West: Residential BACKGROUND In November of 1999, the property owner entered into a Development Agreement (DA) with the City for the 14.3-acre subject property. In August 2002 Tentative Parcel Map No. 30180 was approved to subdivide the property into fourteen retail/commercial pamels. The DA allows the applicant to prepare a Comprehensive Land Use Plan, which, if approved by the City, would entitle future projects to be approved administratively. The Plan would serve as both guidelines and criteria for the future development of the property. If approved, each of the fourteen parcels would be developed separately with Administrative Development Plans. On June 25, 2002, the Comprehensive Land Use Plan application was submitted to the Community Development Department. PROJECT DESCRIPTION/ANALYSIS Land Uses The portion of the project site located at thes0uthwest comer of Pechanga parkway and Highway 79 South is CurrentlY zoned .Pi'ofessional Office (PO). The remainder of 'the project site located between Pechang&parkway and Jedediah Smith Road is zoned HighwayToudst Commercial (liT). The adopted DA (see Attachment 3) for the project site entiUes the property owner to develop a wide array of land uses permitted in each specific zoning district. Permitted uses would be processed with an Administrative Development Plan, Conditional uses would require a Conditional Use Permit. · The only deviation'from the strict application of the City's zoning standards associated with land uses identified in the DA is the prohibition of drive-in restaurants. This prohibition only applies to the portion of the project site located west of Pechanga Parkway. The Comprehensive Land use Plan document identifies "sample uses" which may be developed within the various building areas onsite (see Exhibit A of the Plan). In addition, Section 2.01 of the Plan references the Schedule of Permitted Uses Table included in the DA. Staff has determined that the sample uses identified On Exhibit A of the Plan are consistent with those land uses allowed in the DA. Site Plan The overall project site plan (See Exhibit A of the Plan) shows a maximum of fourteen separate buildings pads interspersed with parking and landscape areas. The majority of buildings onsite will Likely be oriented to the intedor of the site with the sides and rears of the buildings fronting on adjacent streets. A thirty-foot wide dedicated travel-way will traverse the entire length of the site with a total of three ingress/egress points gaining direct access off Highway 79, one driveway off Pechanga Parkway, one driveway off Jedediah Smith Road and one off Cupeno Lane, respectively. Covenants, Conditions and Restrictions for the project shall require reciprocal parking and access agreements between separate legal parcels allowing for a more flexible site design. The DA requires that the site be developed in conformance with the development standards outlined in each of the specific zoning districts on the effective date of the DA. The only deviation from these development standards is the granting of a reduction of front yard setback along the frontages of both Highway 79 and Pechanga Parkway. Section 4.3.3. A. of the DA allows for the front yard setback to be reduced to zero along these two road frontages subject to City Manager (or designee) R:',DESIGN GUIDELINE.~\PA02 0340 Rainbow Canyon Design GuidctlnesXS~affRepo~.doc 2 apProval. The applicant was initially proposing a five-foot wide landscaped setback along the entire length of both frontages. However, in an attempt to achieve greater visual interest and additional landscaping along the frontages, staff worked with the applicant to create variation in the setbacks ranging from five to twelve feet in width depending on the depth of a particular parcel. Shallow parcels will have the five-foot wide Setback, with deeper parcels having an eight to twrelve-foot wide setback. Staff has determined that the overall site layout and cimulation are in conformance with the Development Code standards. The site design of the specific individual building pads Will be evaluated under separate Administrative Development applications. Architecture A significant component of the Comprehensive Land Use Plan is the architectural design gUidelines section. The applicants are proposing to utilize two separate architectural styles, i.e. Mediterranean and Wine Country that would be intermixed throughout the site. The Mediterranean style (see Exhibit F-2) proposes the use Of plaster buildings with flat roofs and parapet walls, A deCOrative cornice will be incorporated at the top of the parapets. In addition, accent {ower features with clay tile roofs, decorative stone and exposed heavy wood rafter tails are encouraged to be placed at some strategic building.locations. Individual glass storefronts will be segregated with .stucco Columns along front entry elevations. The base of the columns will be faced with decorative Stone. MOreover, the storefronts will be covered with fabric awnings. Heavy wood trellis features are enceuraged alpng various elevations. The guidelines specify two separate co or schemes of three colom eabh to: be utilized in association with the Mediterranean style along with two decorative stone 0ptiOns~ Stucco pilasters and'building offsets will serve to provide building articulation. " The Wine Country style (see Exhibit F-3) also encourages the use of plaster buildings with flat roofs and parapet walls. A decorative cornice with exposed rafter tails will be provided at the top of the parapets. ACCent towers consisting of raised parapets and decorative cornices are also encouraged' to be placed at strategic portions of some buildings, nd v duag ass storefronts will be segregated with columns faced with decorative decenstructing plaster and limestone along front building elevations. HeavY wood stained lintelS will span each of the individual storefronts. In addition, heavy' wood trellis features are encouraged along vadous eleVations. Deconstmcfing plaster and limestone columns and wood stained lintels are also identified on street e evations. The guidelines specifytwo separate color schemes of three colors each to be utilized in association with the Wine Countnj style along with two decorative limestone options. Plaster pilasters and building offsets will serve to provide building articulation. Staff believes the proposed guidelines are consistent with the City-wide Design Guidelines. However, concern was expressed to the applicant regarding the lack of visual interest and glass proposed along street elevations that would back or side onto both Highway 79 and Pechanga Parkway. Staff requested that either real or spandrel glass be incorporated into these elevations so as to address these concerns. The applicant does not feel that the glass is necessary and has instead proposed that vegetated trellis work be utilized to soften the plaster walls. Staff continues to believe that the use of glass is essential to break-up and add interest to these elevations. The incorporation of glass has been made a recommended condition of approval (see Condition No 6). Signage The Comprehensive Land Use Plan outlines standards for the placement of both monument and wall mounted signs. At staff's request, the applicant has incorporated the current sign standards of the Development Code into the plan. With regard to freestanding monument signs, the plan shows a total of eight-monument signs onsite (see Exhibit A of the plan). A mixture of single-tenant and multi- tenant signs will be utilized. Staff has determined that the proposed number, size and general R:~DESIGN GUIDELINESXPA02-0340 Rainbow Canyon Design GuidelinesXStaflReport.doc 3 locations of both monument and wall mounted signs comply with Development Code requirements with the following modifications: Section 17.28.070.A.3.e. of the Development Code states "All freestanding signs shall use amhitectural elements at the top, base and sides of the signs." 'rhe proposed monument sign details (see Exhibit G-1 of the plan) do not show the incorporation of architectural elements on the. sides of the signs. In addition, Section 17.28.070.5 of the Development Code states "All freestanding signs, except those oriented toward the freeway, shall include the street address(es) or ranges(s) for the businesses or centers assigned by the Building Official." Staff recommends that the signs be re-designed so as to comply with these requirements (see Condition Nos. 7 & 8). La'ndscaping The Comprehensive Land Use Plan includes landscaping guidelines and a specific landscape plan that addresses the streetscape, rear perimeter slope, major and minor entry features and parking lot landscaping (see Exhibit B of plan). The tenants on individual lots will be responsible for thb installation and maintenance of building perimeter landscaping. Other landscaped areas onsite will be treated as common area and will be installed and maintained bythe shopping center association, The streetscape landscaping consists of an eight-foot wide parkway between the back of curb and sidewalk along the entire Highway 79 South frontage, plantings within the pad,way will consist of. Red Crape Myrtle and turf..The previously approved Tentative Parcel-Map requires that the parkway landscaping be installed prior to occupancy of the first building on the subject property. An existing slope along the rear (southern) property line will be planted with broad canopy trees including. Oak and Sycamore along with shrubbery and groundcove[. The slope area will be. located within a common open space .lot and shall be maintained by the shopping center owners assOciation. In order to ensure that the project site is immediately screened from properties to the south of the project site, staff recommends that all slope plantings also be installed prior to occupancy of the first building on site. This has been made a recommended condition of approval (see Condition No. 9). The Comprehensive Land Use Plan indicates that the plantings onsite will be consistent with both the Temecula Development Code and the suggested plant palette (see Exhibit C-6 of the.plan). In addition, the Plan requires that both the southwest and southeast comers of Pechanga Boulevard and State Highway 79 be improved with major entry corner statements: Moreover, minor entry treatments will.be installed .at project entry drives (see Exhibit C-3 of the plan). Staff recommends the major entry comer statements be installed at the time'those particular lots are deve!oped. In addition, staff recommends that both re!nor entry treatments be installed on each side of entry drives at the time the first abutting lot is developed. These have been made recommended conditions of approval (see Condition Nos.10 & 11). Both Planning staff and the City's landscape amhitect have reviewed the proposed landscape improvements and plant palette and have found the items consistent with the City-wide Design Guidelines and Development Code subject to several minor text revisions (see Condition Nos.12 & 13). Environmental Determination Staff has reviewed the proposed project and determined that no new significant environmental effects have occurred since a Negative Declaration was previously adopted in 2002. The Negative Declaration was in association with Tentative Pamel Map No. 30180 which created 14 retail/commercial lots within the project site. The proposed project only constitutes design guidelines for the site and has no potential for significantly impacting the environment. In addition, all environmental impacts associated with the future development of the project site have been R:',I)ESIGN GUIDELINES',PA024)340 Rainbow Canyon De. sign Guidefine$~StaffRepo~doc 4 analyzed in the previously adopted Negative Declaration. Mitigation Measures aSSociated with the Negative Declaration will be incorporated into the conditions of approval associated with the development approvals for the incremental future development of the project site. Therefore, It is staff's opinion that this project qualifies under CEQA for a UDetermination of Consistency" exemption with a project (tentative map) for which a Negative Declaration was previously adopted (Section 15162 - Subsequent EIR's and Negative Declarations). CONCLUSION/RECOMMENDATION Staff believes the proposed Comprehensive Land Use Plan, as conditioned, is consistent with the City-Wide Design Guidelines and Development Code and is sufficient to allow future administrative approvals onsite. Therefore, staff recommends that the Comprehensive Land Use Plan be approved. FINDINGS · The plan to establish guidelines and criteria for the future development of a retail/commercial shopping center complex is consistent with the City's General Plan including Land Use Element Goal 3, Policy 3.1 given the Comprehensive Land Use Plan uconsidem the compatibility of the proposed project on surrounding uses including use of materials and landsCaping. In addition, the Plan conforms with the adopted Development Agreement, City-Wide Design Guidelines and Development Code. Attachments: PC Resolution - Blue Page 6 Exhibit A - Rainbow Canyon Tenant Design Guidelines - Blue Page 9 Exhibit B -Conditions of Approval - Blue Page 10 Exhibits- Blue Page 14 A. Vicinity Map B. General~Plan Map C. Zoning Map 3. Previously Approved Development Plan - Blue Page 17 4. Tentative Parcel Map No. 30180 - Blue Page 18 R:'~DESIGN GU1DELINES~PA02 0340 Rain~ow Canyon Design Guid¢finesXStaftReportdoc 5 ATTACHMENT NO. 1 PC RESOLUTION NO. 2003- R:'d)ESIGN GU IDEL1NES',PA02 -0340 Rainbow Canyon Design G uidelines~S ta ffReporL doc 6 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02- 0340, A COMPREHENSIVE LAND USE PLAN 3'0 ESTABLISH GUIDELINES AND CRITERIA FOR THE FUTURE DEVELOPMENT OF A RETAIL/COMMERCIAL SHOPPING COMPLEX ON A 14.3 ACRE SITE. THE SITE IS GENERALLY LOCATED AT THE SOUTHEAST AND SOUTHWEST CORNERS OF STATE HIGHWAY 79 SOUTH AND PECHANGA PARKWAY ALSO KNOWN AS ASSESSORS PARCEL NOS. 961-010-601,004 & 005 WHEREAS, Rainbow Canyon LLC, filed Planning Application No. PA02-0340, (Comprehensive Land Use Plan "Application"), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on February 19, 2003, at a duly noticed public headng 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; WHEREAS, 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; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF.TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. reference. The above recitations are true and correct and are hereby incorpOrated by Section 2. Findinqs. The Planning Commission, in approving the Application hereby makes the following finding: The plan to establish guidelines and cdteria for the future development of a retait/cemmemial shopping center complex is consistent with the City's General Plan including Land Use Element Goal 3, Policy 3.1 given the Comprehensive Land Use Plan "considers the compatibility of the proposed project on surrounding uses including use of materials and landscaping. In addition, the Plan conforms to the adopted Development Agreement, City- Wide Design Guidelines and Development Code. Section 3; Environmental Compliance. No new significant environmental impacts have resulted since a Negative Declaration was previously prepared. Therefore, the project has been found to qualify for a Determination of Consistency exemption, pursuant to Section 15162 of the California Environmental Quality Act Guidelines. R:~DESIGN GUIDELlNES~PA02~)340 Rainbow Canyon Design Guidelines\StaftReport. doc 7 Section 4. Approval/Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Application, a request to establish guidelines and policies in association with the future development of a 14.3 acre retail/commemial shopping complex set forth on Exhibit 'A', attached hereto, and as conditioned and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary as shown on Exhibit 'B'. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 19th day of FebruaPj 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary [SEAL] sTATE OF CALIFORNIA ' ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula planning Commission, do herebycertifythat PC Resolution No. 2003- was duly and regularly adopted by the Planning Commission of the ~ City of Temecula at a regular meeting thereof held on the 19th day of February, 2003, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:XDESIGN GUIDELINESkPA02q)340 Rainbow Canyon Design GuidclineskS talTRepor t.doc 8 EXHIBIT A RAINBOW CANYON TENANT DESIGN GUIDELINES (SEE ENCLOSED BINDER) R:XDESIGN GUIDELIN ES~PA02-0340 Rainbow Canyon Design G uidelines~Sta flRepor t .doc 9 EXHIBIT B CONDITIONS OF APPROVAL R:~DESIGN GUIDELINESXPA02.-0340 Raiobow Canyon Design Guidelines~Stafffieport.doc 10 EXHIBIT B CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA02-0340 Comprehensive Land USe Plan Project Description: Planning Application to establish guidelines and criteria in association with the future development of a retail/commercial shopping complex on a 14.3-acre site. Assessor's Parcel No.: 961-010-001,004 & 005 Approval Date: February 19, 2003 Expiration Date: PLANNING DIVISION November 15, 2009 Within Forty-Eight (48) Hours Of the ApprOval of this Project The applicant shall deliver to the Community Development Department- Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Sixty- Four Dollam ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption required under Public Resoumes Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48)hour period the applicant has not delivered to the Community Development Department - Planning Division the Check as required above, the approval for the project granted shall be void by mason of failure of condition [Fish and Game Code'Section 711.4(c)]. GENERAL REQUIREMENTS 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 the 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. The permittee shall obtain City approval for any modifications or revisions to the approval of this Comprehensive Land Use Plan. R:XDESIGN GUIDELINESWA02-0340 Rainbow Canyou Design GuidcUnesKStaflRcport-doc 11 This approval shall be used pdor to the expiration date specified; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval that is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. Ten (10) copies of the final amended, Design Guidelines shall be submitted to the Planning Department within 30 days of approval. These guidelines will incorporate all conditions of approval which relate to amhitecture, landscaping and signage identified below. ARCHITECTURE Either real or spandrel glass shall be incorporated into all roar and side building elevations that can be viewed from adjacent public streets. Actual samples shall be reviewed and approved prior to approval of any Development Plan for buildings facing along Highway 79 or Pechanga Parkway. SIGNAGE 7. All freestanding signs shall inc(~rP°rate architectural elements at the top, I~aSb ~n'd sides of the signs. o All freestanding signs shall nc ude the street address(es) o.r ranges(s) for the businesses or center assigned by the Building Official. LANDscAPING 9. . Plantings and irrigation within the entire length and width of the rear slope common lot (located along the southern property line) shall be installed prior to occupancY of. the first building Permit. 10. Major entrY'comer statements and associat6d irrigation on lots i'2 & ~4 shall I~e installed prior to occupancy of buildings on those pamels. 11. 12. Minor entry features and irrigation at each side of entry drives shall both be installed prior to occupancy of a building on either abutting IoL The following text modifications shall apply to the landscaping portion of the Comprehensive Land Use Plan: · Section 12.00 LANDSCAPING, page 9, paragraph 2, shall read as follows: These guidelines are complementary to City Development Code and City-Wide Design Guidelines. All requirements of the Development Code and recommendations of the City-Wide Design Guidelines shall be met. The guidelines are flexible... · Section 8.00 SITE UTILITIES, page 4, paragraph 8.03, shall read as follows: The word "~easonably" shall be deleted from paragraph 8.03. 13. The following modifications shall apply to the respective landscaping exhibits: R:'~DESIGN GUIDELINES~PA02-0340 Rainbow Canyon Design GuidelinesXStaflRcport. doc 12 · Exhibits B and C-6 - Minimum tree sizes for all trees shall comply with the follOwing City- Wide Design Guideline standard: 20% at 36" box, 30% at 24" box; and 50% at 15 gallon. Exhibit C-3 - Lantana shall be deleted from the Exhibit. 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 D~te Name printed R:~DF~IGN GU1DELINESWA02~)340 Rainbow Canyon Design Guideline~XStaflReporcdoc 13 ATFA(~HMENT NO. 2 EXHIBITS CITY OF TEMECULA pLXAHSE NO. - PA02-0340 IBIT- A NNING COMMISSION DATE - FEBRUARY 19, 2003 VICINITY MAP R:~DESIGN GUIDELINES~PA02-0340 Rainbow Canyon Design Guidelines~StaffReport.doc CITY OF TEMECULA ~000000~ ~0000000¢ ~000000000 ~00000~00' ~0000000000000( )0000000000000000000' 00000¢ O000000000000000000000C )O0000000000~O~O00C ~000000000000000000000~ ~000000~1~'~000000000000~ )0000000000000000~ ~0000000000~0000 )0000000000~0000 '0000000000000000 EXHIBIT B - ~ENERAJ. PLAN MAP DESIGNATION - (PO) PROFESSIONAL OFFICE & (HT) HIGHWAY TOURIST COMMERCIAL EXHIBIT C - ZONING ~ DESIGNATION - (PO) PROFESSIONAL OFFICE & HIGHWAY TOURIST CASE NO. - PA02-0340 PLANNING COMMISSION DATE - FEBRUARY 19, 2003 R:~DESIGN GUIOELINES~PA02-0340 Rainbow Canyon Design Guidelines~StafiReport.doc 16 A'rI'ACHMENT NO. 3 PREVIOUSLY APPROVED DEVELOPMENT PLAN R:~DESIGN GUIDELINES\PA02*0340 Rainbow Canyon Design Guidelines~StaflReport.doc AND~RETURN TO. CI~ CLERK c~ O~TEMECU~ ~ ~, P.O. ~x ~33 T~ulp, CA 9258~33 ~MPT FROM RECORDER'~ FEE8 . Pursua~ to Government Code Sections.6103 and 27~3 DOC rl 2000--007423 01/07/2000:08:00R Fee:NC Pa'ge 1 of 87 Recorded in Off/c/al Records ,' ~o~n[y of Riverside *'- Gary L. Orso Rssessor, County Clerk & Recorder Development Agreement between Pala Rainbow, LLC and City of Temecula effective December 16, 1999 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of the 16th day of November, 1999 ("Agreement Date"), by and between PALA RAINBOW, LLc., (hereinafter "OWNER"), and the CITY OF TEMECULA, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "CITY"), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code (the ,'Development Agreement Legislation") and Article XI, Section 2 of the California Constitution. RECITALS This Agreement is predicated upon the following facts: A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. The Development Agreement Legislation authorizes CITY to enter into binding development agreements with persons having, legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, roles and regulations and subject to conditions of approval, in order to strengthen the public Planning process and encourage priv/~te participation in comprehensive planning and reduce the private and public economic costs of development; and provide for economic assistance to OWNER for the entitlements authorizing development related improvements. C. OWNER is the owner of certain real property within the County of Riverside, State of California (the "Property"), as more particularly described in Exhibit "A' attached hereto and made a part hereof. OWNER desires to develop the Property in aceordaneo with the provisions of this Agreement, the applicable regulations of the City of Temecula and those regulations of other agencies exercising jurisdiction upon the project. The Scope of Development of the Property as contemplated by this Agreement is described in the Agreement in Section 1.15. D. OWNER has applied for, and CITY has granted this Agreement in order to create a beneficial project and a physical environment that will conform to and complement the goals of CITY, create a development project sensitive to human needs and values, facilitate efficient traffic circulation, and develop the Property. As part of the process of granting this entitlement, the City Council of CITY (hereinafter the "City Council") has required the preparation of an environmental review and has issued a Negative Declaration as regards any significant effects arising from the Project and has otherwise carried out all requirements of the California Environmental Quality Act CCEQA") of 1970, as amended. E. The following actions were taken with respect to this Agreement and the Project: \\TEMEC_FS ! 01 \VOLI ~-pts~PLANN ING~STAFFRFr~73 PA99 Development Agreement. doc I I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlll III11 11 1. On November 3, 1999, following a duly noticed and conducted Public heating, the City Planning Commission recommended that the City Council approve this Agreement; On November '9~ 1999, after a duly noticed public hearing and pursuant to CEQA, the City Council adopted the Negative Declaration for this Agreement and the Project; 3. On November 9, 1999, after a duly noticed public heating, the City Council determined that the provisions of this Agreement are consistent with the General Plan of the CITY; 4. On November 9, 1999, after a duly noticed public heating, the City Council introduced Ordinance No.99-31- approving and authorizing the execution of this Agreement and on November 16, 1999, the City Council adopted the Ordinance, a copy of which is on file in the Development Services Department at the CITY, and adopted the findings and conditions pertaining thereto, including those, relating to the environmental 'documentation for the Project. F. The CITY has engaged in extensive studies and review of the potential imPacts of the Project.as we.ll, as the various potential benefits to .the CITY by the development of the Project and concluded that the Project is in the best interests of the City. G. In consideration of the substantial public improvements and benefits to be provided by OWNER and the Project, and in order to strengthen the public financing and planning process and reduce the economic costs of development, by this Agreement, CITY intends to give OWNER assurance that OWNER can proceed with the development of the Project for the Term- of this Agreement pursuant to the terms and conditions of this Agr6ement and in accordance with CITY's General Plan, ordinances, policies, rules and regulations existing as of the Effective Date. In · reliance on CITY's covenants in this Agreement concerning the Development of the Property, · OWNER has and will in the future incur substantial costs in site preparation and the construCtion · and installation of major infi'astructure and facilities in order to make the Project feasible. ' H. Pursuant to SectiOn 65867.5 of the Development Agreement Legislation, the City Council has found and determined that: (i) this Agreement and the Existlng Project Approvals implement the goals and policies of CITY's General Plan, provide balanced and diversified land uses and impose appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within CITY, (ii) this Agreement is in the best interests of and not detrimental to the public health, safety and general welfare of CITY and its residents; (iii) adopting this Agreement is consistent with CITY's General Plan and constitutes a present exercise of the CITY's police power; and (iv) this Agreement is being entered into pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Legislation. I. CITY and OWNER agree that it may be beneficial to enter into additional agreements or to modify this Agreement with respect to the implementation of the separate components of the Project when more information concerning the details of each component is available, and that this Agreement should expressly allow for such contemplated additional agreements or modifications to this Agreement. 2 I IIIlll IIIlll Illllllllllllll IIIII IIIllllllllllltlllill //i NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Legislation, as it applies to CITY, pursuant to Article XI, Section 2 of the California Constitution, and in consideration of the foregoing recitals of fact, all of which are expressly incorporated into this Agreement, the mutual covenants set forth in this Agreement and for the further consideration described in this Agreement, the parties agree as follows: 1. Definition_s. 'The fOllowing word's and phrases are used as defined terms throughout this Development Agreement ~nd each defined term shall have the meaning set forth below. 1.1. ~Ordmanee. The Authonmng Ordinance" means Ordinance No. 99-31 approving this Agreement. 1.2. crrY'~ The"C1TY" mean~ the City of Temecul~ a California municipal corporation, duly organized and existing under the constitution and laWs of the State of California, and all of its officials, employees, agencies and departments. 1.3. citY Council. ~City Council" means the duly elected and constituted ci~ councilof the CITY. ~ . !.4. Development. HDeVelopmenff means the improvement :of the Property for~ purposes consistent with the Project's land use authorization, including, without limitation: grading, the constmctiono£infrastmcture and public facilities related to the Off-site Improvements and 'On-Site lmpr0Yements,~ the construction of structures and buildings and the inst~llation of landscaping. LS.. Develooment Allreement.Leglslation. The "Development AgreemEnt Legislation" means Sections 65864 through 65869.5 of the California Government Code as it exists on the Effective Date. ltl. ' ~)evelopment Fees. '"Development Fees" means development impact and processing fees imposed on the Developm~nt'as conditions of development as more particularly set forth in Section 4.2. 1.7. Development Plan. The "Development Plan" consists of this Agreement, the Existing Regulations, and those Future Development Approvals, if any, contemplated, necessary, and requested by OWNER to implement the land uses authorized by the Project. 1.8. .Effective Date. "Effective Date" means the date the Authorizing Ordinance becomes effective. 1.9. ~ulations. "Existing Regulations" means those ordinances, rules, regulations, policies, requirements, guidelines, constraints or other actions of the CITY, other than site-specific Project Approvals, which purport to affect, govern or apply to the Property or the implementation of the Development Plans in effect on the Effective Date. Existing Regulations \\TEMEC_FSI01\VOLI'~'pts~PLANNING'~TAFFRl*'I~73PA99 l~v¢lopme~ Agreo~ao~t. doc 3 Ilfl IIIlll Illlll III IIIIII IIIll IIIIll Ill IIIII IIII till shall also include the text of the zoning district designations of any zoning district applicable to the site of the Project in effect On the Effective Date. 1.10. Future Development Approvals. "Future Development Approvals" means those' entitlements and approvals contemplated, necessary, and requested by CITY or OWNER to cause the Development to occur upon the Property subsequent to completion of the Project and approved by the City currently upon or after the Effective Date. The parties hereto expressly anticipate Owner will institute mixed uses on the property that may include some combination of Business Park-Light Industrial, Office Professional, Residential and Commercial uses. 1.11. Off-site Improvements. "Off-site Improvements" means physical infrastructure improvements or facilities which are not and will not be located on the Property. Certain Off-site Improvements may be specifically addressed in this Agreement; all others will be dependent upon the Development and the required Future Development Approvals. 1.12. 'On-site Improvements. "On-site Improvements" means physical infi'astructure improvements or facilities that are or will be located on the Property. Certain On-site Improvements may be specifically addressed, in this Agreement; all others will be dependent upon the Developm6nt and the required Future Development Approvals. 1.13. OWNER. "OWNER" is initially PALA RAINBOW, LLC and all successors in interest, in whole or part, to this entity. 1.14. Planning Commission. "Planning Commission" means the duly appointed and constituted planning commission of CITY. LIS. Proiect. "Project" means t~e adoption of this Agreement~thua securing the scope and intensity of land uses to be develop~ upon the parcel which is approximately fourteen and three tenths (14.3) acres in area and which is generally located adjacent to State Highway 79 South at Pals Road. The uses permitted and scope of the Development shall be consistent with the development standards set forth in the zoning district in effect on the Effective Date (copies of 'which are attached hereto as Exhibit "B" and incorporated herein by this reference) subject to the express limitations in this Agreement. Under this Agreement, the following uses are classified as General merchandise/retail store uses: camera shops, clothing sales, computer sales and. sec,,ice, furniture sales, and hardware stores. In addition, this Agreement also permits one of these general merchandise/retail stores to be as large as 20,000 square feet. 1.16 Proieet Approval. "Project Approval" means the accomplishment of the actions as described in Section 1.15. 2. General Provisions. 2.1. Binding Covenants. The provisions of this Agreement to the extent permitted by law shall constitute covenants which shall mn with the Property for the benefit thereof, and the benefits and burdens of this Agreement shall bind and inure to the benefit of the parties and all successors in interest to the parties hereto. 2.2. Interest of OWNER. OWNER represents that OWNER has a legal interest in the , Property. 2.3. Term. The term (hereinafter called "Term") of this Agreement shall commence on the Effective Date and shall extend for a period often (10) years thereafter terminating at the end of the day preceding the tenth (10th) anniversary of the Effective Date, subject to specific extensions, .revisions and termination provisions of this Agreement. 2.4. Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: 2.4. 1. If termination occurs pursuant to any specific provision ofthisAgreement; 2.4.2. Completion of the total build-out of the Development pursuant to the terms of this Agreement and the CITY's issuance of all required occupancy permits and acceptance of all dedications and improvements required to complete Development; or 2.4.3. Entry after all appeals have been exhausted of a final judgment or issuance of a final order directed to the CITY as a result of any. lawsuit filed against the CITY to set" aside, withdraw, or abrogate the approval of the City Council of this Agreement for any part of the Project. The termination of this Agreement shall not affect any right or duty arising independently from entitlements issued by CITY or other land use approvals approved prior to, concurrently or subsequent to the approval of this A4;reement. · 2.5. Transfers and Assignments~ ' : 2.5.1. Right to Assign. OWNER shall have the fight from time to time and on such n6mber of occasion~ as it chooses to sell, assign or otherwise transfer all or any portion of its interests in the Property together with all its right, title and interest in this Agreement, or the portion thereof which is subject to transfer (the "Transferred Property") to any person or entity at any 'time during the Term of this Agreement; provided, however, that any such transfer or assignment must be pursuant to a sale, assignment or other transfer of the interest of OWNER in the Property, or a portion thereof. In the event of any such sale, assignment, or other transfer, (i) OWNER shall notify CITY within twenty (20) days of such event of the name of the transferee, together with the corresponding entitlements being transferred to such transferee and (ii) the agreement between OWNER and such transferee pertaining to such transfer shall provide that either OWNER or the transferee shall be liable for the performance of those obligations of OWNER under this Agreement which relate to the Transferred Property, if any. Each transferee and OWNER shall notify CITY in writing which entity shall be liable for the performance of each respective obligations. 2.5.2. Rights of Successors and Assigns. Any and all successors and assigns of OWNER sha/l have all of the same rights, benefits and obligations of .OWNER under this Agreement. 2000-007423 2.6. Amendment of Development Agreement. 2.6.1. Initiation of Amendment. Either party may propose an amendment to this Agreement and both parties agree that it may be beneficial to enter into additional agreements or modifications of this Agreement in connection with the implementation of the separate components of the Project. 2.6.2. Procedure. Except as set forth in Section 2.6.4 below, the procedure for proposing and adopting an amendment to'this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance. 2.6.3. Consent. Except as eXPressly provided in this Agreement, any amendment to this Agreement shall require the written consent of both parties. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing and signed by duly authorized representatives of each of the parties. 2,6.4. Operating 'Memoranda. The parties 'acknowledge that refinements and further development 'of the Project may demonstrate that changes are appropriate with respect to thedetails and performance of the parties under this Agreement. The parties.~d~sire to retain a certain degree offleyfibility with respect tO the det~S 0fthe Development and with respect ~o' those items covered in general terms under this Agreement. If and when the parties mutually find that changes, adjustments, or clarifications are appropriate to .further the intended purposes of this Agreement, they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications without amendment to this Agreement through operating memoranda mutually approved by the parties, which, at, er execution, shall be attached hereto as addenda and become a .part hereof and. may be further changed and amended from time to time as necessary, wi~ further approval.by City Manager, on behalf of the CITY and by any. corporate officer or other Person designgted for~ such purpose in..a writing signed by a corporate officer. 0~i' behalf Of 0WNEK, unless otherwise required by law or by the Project Approvals, no such changes, adjustments, or clarifications shall require prior notice or hearing. 3. Description of Development. 3.1. Development and Control of Development. 3.1.1. Project. While this Agreement is in effect, OWNER shall have the vested right to implement the Development authorized by the Project pursuant to this Agreement and the Project Approvals and CITY shall have the right to control the Development in accordance with the terms and conditions of this Agreement. Except as otherwise specified in this Agreement, the Existing Regulations shall control the design and development, Future Development Approvals and all On-Site Improvements and Off-Site Improvements and appurtenances in connection therewith. 3.1.2. Timing of Development. Regardless of any future enactment, by initiative, or otherwise, OWNER shall have the discretion to develop the Future DeveloPment in one phase or in multiple phases at such times as OWNER deems appropriate within the exercise of its subjective business judgment. Specifically, CITY agrees that OWNER shall be entitled to apply for and receive permits, maps, occupancy certificates and other entitlements to develop and use the Property at any time, provided that such application is made in accordance with this Agreemer, t and , the Existing Regulations. The parties hereto expressly reject the holding of Pardee Construction Company v. Cid of Camarillo, 37 Cal. 3d 465 (1984) as regards any authority regulating the phasing of the Development. 3.1.3. Entitlements~ Permits and Approvals ~ Cooperation. A. Procedure without a land use plan. Upon satisfactory completion by OWNER of all required preliminary actions, applications, studies, and payments of appropriate processing fees, if any, CITY shall, subject to all legal requirements, diligently process, and complete at the earliest reasonable time all required steps, and expeditiously act upon approvals and permits neCessary for Future Development Approvals anticipated under this A~greement in.cluding, but not limited to, the following: (1) The processing of applications for and isSUing of all discretionary approvals requiting the exercise of judgment and deliberation by CITY,' ,including with6ut limitation, the Future DeVelopment Approvals;' · : (2) · The holding of any required public hearings; (3) The processing of applications for and issuing of all ministerialI approvals requiring the determination of conformance with Existing, Regulations, including, without limitation, site plans, grading plans, improvement plans, building piths and si~eCificatign, and ministerial issuance of one or more final maps, zoning clearanceS, grading 'Permits, imprb~,ement p6rmits, Wall permits, building permits, lot lineadjUstmentS, encrOachment permits, 'temporary use permits, certificates of use and Occupancy approval~ and entitlements and related matters as necessary for the completion of the development of the Property. B. Procedure with land use plan. Notwithstanding the foregoing, if OWNER elects, at its own sole cost, to prepare and process a comprehensive land use plan for the subject real property, then the further processing of such further approvals shall be done administratively and as set forth in the. land use plan. The land Use plan shall be reviewed and approved by the CITY by and throUgh its Planning Commission and, if necessary, its City Council. An example of the nature and scope of the land use plan contemplated for the subject real property is the plan prepared for the regional mall project in the City of Temecula. 3.1.3.1. Further Mitigation. In connection with the completion of the Project, OWNER shall be responsible for the satisfaction of any' mitigation measures that depend on, act upon, or relate to Future Development Approvals. In connection with the issuance of any Future Development Approvals which are subjeCt to review under CEQA, unless required under CEQA, the CITY shall not impose any environmental land use alternatives or mitigation ~'088-8874~'3 7 measures in addition to those referenced in the Project Approvals or deemed reasonably necessary in light of the development activity proposal. 3.1.3.2. Other Permits. CITY further agrees to reasonably cooperate with OWNER in securing any County, State and Federal permits or authorizations which may be required in connection with development of the Project. This cooperation shah not entail. any economic contribution by City. 3.2. Rules, Regulations and Official Policies. Except as otherwise specified in this Agreement and the Project Approvals, the rules, regulations and official policies governing the permitted uses of the Property, the density and intensity of use of the Property, the provisions for reservation or dedication of land for public purposes and the design, improvement and construction standards and specifications applicable to Development of the Property shall be the Existing Regulations. In connection with any subsequent approval or action which CITY is permitted or has the right to make under this Agreement relating to the Project, CITY.shal!' exercise its discretion or take action in'a manner which complies and is consistent with this Agreement, the Existing Regulations and such other standards, terms and conditions contained in this Agreement. An overview and non-exhaustive list of Existing Regulations is. listed, in Exhibit "C". C~.TY has certified two copies of.each of the documents listed on Exhibit "C".. CITY has retained one_Set of the certified documents and has provided OWNER with the second set. 3.3. Reserved AuthoriW. ' 3.3.1. Uniform Codes. This Agreement shall not prevent CITY bom applying new rules, regulations and policies relating to uniform codes adopted by the State of California, as State Codes, such as the Uniform Building Code, National Electrical Code, Uniform Mechanical Code or Uniform Fire Code, as amended, and the application of the aforementioned uniform codes is hereby approved including as the same may be amended by CITY from time to tune. 3.3.2. State and Federal Laws and Regulations. In the event that State or Federal laws or regulations prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions 'of this Agreement shall be modified or suspended as may.be necessary to comply with such state or federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. Notwithstanding the foregoing, CITY shall not adopt or undertake any regulation, program or action, or fail to take any action which is inconsistent or in conflict with this Agreement until CITY makes a finding that such regulation, program action or inaction is required (as opposed to permitted) to comply with such State and Federal laws or regulations after taking into consideration all reasonable alternatives. 3.3.3. Regulation for Health and Safe~. Notwithstanding 'anything to the contrary in this Agreement, CITY shall have the right to apply CITY regulations (including amendments to the Existing Regulations) adopted .by the CITY after the Effective Date, in connection with any Future Development Approvals, or deny, or impose conditions of approval on, any Future Development Approvals in CITY's sole discretion if such application is required to 2000-0074E~3 8 IIIII IIIIII IIIIII III IIIIII IIIII IIIIII III III! IIII IIII o, o__o.o protect the physical health and safety of existing or future occupants of the Properly, or any portion thereof or any lands adjacent thereto. 3.4. Vested Right. By entering into this Agreement and relying thereupon, OWNER is obtaining vested rights to proceed 'with the Development anticipated by the Project in accordance with the terms and conditions of this Agreement, and in accordance.with, .and to the extent of~ the Project Approvals. By entering into this Agreement and relying thereupon, CITY is securing certain public benefits which enhance the public health, safety and welfare, a partial listing of which bi~nefits is set forth in Section 4.1. CITY therefore agrees to the following: 3.4.1. No Conflicting Enactments. Except as provided in Section 3.3 of this Agreement, neither the City Council nor any Other agency of C1TY shall enact a role, regulation, ordinance or other measure (collectively "law") applicable to the Property which is inconsistent or in conflict with this Agreement. Any law, whether by specific reference to the Development Agreement or otherwise, shall be considered to conflict if it has any of the following effects: ~; (i) Limits or:reduces the density or intensity of the Development as regulated by the Existing Regulations or otherwise requires any reduction'or increase'in the number, size or square footage of lot(s); stmctures~ buildings or other improvements; or (ii) Applies to the Property, but is not uniformly applied by the CITY to all substantially similar development within the CITY. 3.4.2. Consistent Enactments.' By way of enumeration and not limitation, the following types of enactments shall be considered consistent with this Agreement and Existing Regulations and not in conflict: · . ~.(i) Relocation :of structures within the Property pursuant ~to;an application fi-om OWNER; and (ii) Changes in the phasing of the development pursuant to an application fi-om OWNER... (iii) Any enactment authorized by this Agreement. 3.4.3. Initiative Measures. In addition to and not in limitation ol~the foregoing, it is the intent of OWNER and CITY that no moratorium or other limitation (whether relating to the development of all or any part of the Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), site development permits, precise plans, site development plans, building permits, occupancy certificates or other entitlements to use approved, issued or granted within CITY, or portions .of CITY, shall apply to the Project to the e~ent such moratorium or other limitation would restrict OWNER's right to develop the Project in such order and at such rate as OWNER. deems appropriate: CITY agrees to cooperate with OWNER in all reaSOnable manners in order to keep this Agreement in full force and effect. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action. In the event of any litigation challenging the effectiveness of \\TEMEC_FS 101 \VOL I Xl)epts~PLABININGXSTAFFRFr~273 PA99 I)evelepment Agreementdoc 2888-887423 9 Illl IIIlll IIIIII III IIIIII IIIII IIIIII III IIIIII III III this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending. 3.4.4. Consistency Between This Agreement and Current Laws. CITY represents that at the Effective Date there are no rules, regulations, ordinances, policies or other measures of the CITY in force as of the Agreement Date that would interfere with Development and use of all or any part of the Property according this Agreement. 3.5. Future Amendments to Development Plan. The following rules apply .to future amendments to the Development Plan: 3.5.1. OWNER's Written Consent. Any Development Plan amendment 'to which OWNER does not agree in writing shall not apply to the Property or the Project while this Agreement is in effect. 3.5.2. Concurrent Development Agreement Amendment. Any Development Plan amendment requiring amendment of this Agreement shall be processed concurrently with an amendment to this Agreement. 3,5.3. Effect of Amendment. Except as expressly set forth within this Agreement, a DeVelopment Plan amendment will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Agreement. 4. Obligations of the Parties. 4.1. Benefits to-CITY. The direct and indirect benefits CITY (including, withoUt limitation the existing and future residents of CITY) will receive pursuant to the implementation of the Agreement include, but are not limited to, the following: 4.1.1. Comprehensive Planning. Providing a comprehensive planning effort; 4.1.2. Short Term Employment. Creating substantial emplo}~nent opportunities through the construction and development phase; 4.1.3 Long Term Employment. Creating substantial employment opportunities subsequent to the Development; 4.1.4 Improvements. The development of the Property, including offsite infrastructure improvements; and 4.1.5 Settlement of Litigation. The adoption of this Agreement shall result in the settlement of an eminent domain action between the parties. 4.2. Development Fees. Certain presently undefined development impact and processing fees will be imposed on the Future Development Approvals as conditions of approval. Owner shall be responsible for payment of such fees as they may become due. The fees charged by the City of Temecula shall be at the rate effective for such action on January 1, 1999. 4.3. Dedications and Exactions. Furore Development Approvals will be reviewed in a manner consistent with the general review procedures of the CITY accorded the particular type of Furore Development Approval being sought and necessary conditions imposed in a manner consistent with this Agreement. 4.3.1. Curb Cut Access to Subject Property. CITY agrees to process, in a reasonable and customary manner, the amendments to that certain Memorandum of Understanding with CalTrans and the County of Riverside (identified as the "Highway 79 South M.O.U.") as regards access to the subject property. CITY shall bear no costs other than those related to its reasonable allocation of personnel necessary to accomplish the amendment. Any and all costs shall be borne by OWNER. The area of the curb cut activity is as defined on Exhibit "D'" attached hereto. 4.3.2 Jedediah Smith Road Extension South of Highway 79. A. · · Construction Component CITY agrees to contribute an amount equal to one-third of the total costs involved in the extension of the storm drain n~ecessary t° permit the extension of ledediah Smith Road. Notwithstanding.any of the contrary .in no instance shall CITY's contribution to the construction component exceed One Hundred Thousand Dollars. ($100,000.00). Th9 costs of which contributions are permissible include engineering costs, permit application costs, environmental studies and project specific professional services. CITY shall contribute its proportionate share of the construction monies at any time subsequent to oWNER's commencement of:the storm drain construction process, as demonstrated by OWNER's obtaining a CITY building permit. Upon receipt of a detailed invoice from OWNER desgdbing the basis of the funding request and showing the amount sought is one-third(lB)of the total monies exgended, CITY will promptly deliver the portion of the funds for the current stage of construction to OWNER. Exhibit "E" attached hereto describes the general physical location of the storm drain in relation to Jedediah Smith Road within the public right-of-way. B. Plan Check and Permit Fee waiver · CITY agrees to waive its routinely charged fees for plan check and permits for the storm drain construction described in Section 4.3.2A above. C. Further Cooperation CITY will reasonably cooperate in coordinating the storm drain project with the OWNER and County of Riverside to facilitate the efficient development of the facility, including, without limitation, the City's encouragement of the County to contribute its funds to the City, and commitment to administer such funds consistent with the procedures set forth in Section 4.3.2.A. \\TEMEC_F810 l\VOl~l xJ)ept~WLANN ING~TAFFRPT~ 73 PA99 Development Agr~,na~d~ 4.3.3 Administrative Discretion - Site Design and Planning. The OWNER and CITY recognize that certain on-site circumstances may require deviation fi'om the strict application of CITY's zoning standards. The CITY desires to allow for the administrative discretion of certain of the design issues for the facilitation of OWNER's site planning purposes. The CITY hereby authorizes the City Manager, or his or her designe, e, to act on or to determine that such matter should be acted upon by the CITY Planning Commission, the following issues: A. Reduced Set Back on Highway 79 South and Pala Road The front yard set back may be reduced to zero, or any dimension less than the generally applicable front yard setback amount, in the discretion of the City Manager aRer consideration of the OWNER's proposals and subject to reasonably accepted, planning principles. B. On-site Landscape ,Area Requirements Incorporating Wetlands Mitigation Area The parties recognize_ that a portion of land owned by OWNER is currently limited in its development potential because it is reserved as wetlands 'mitigation land. The City Manager, or his~ or her designee, may, in thek' reasonable discretion, allow all or some portion of the wetland mitigation area (as shown on Exhibit "F') to be calculated as a portion of OWNER's on-site landscaping requirements for the approximately 14.3 acre subject site. . . .4.4 Limitation on Restaurant Uses. Concurrently with the quit claim referenced, in Section 4.5(BX1), owlq'ER agrees to impose, to the reasonable.satisfaction of. CITY, covenants and conditions upon that portion of the Property located west of Pala Road which serve to prohibit drive-in restaurant uses on such portion of the Property. The restricted areais shown on Exlu'bit "G." The covenants shall insure that no diminution or release of the land use limitation may occur without the prior written consent of CITY. 4.5 Related Real Property Conveyances; Conditions to Development Agreement. A. Intent of the Parties The CITY an~l OWNER agree that the timely completion of the related real estate transactions described hereafter are a material component of the consideration each party has relied upon in its respective decision to enter into this Agreement. OWNER and CITY, individually and collectively, represent that neither party would have entered 'into this Agreement but for the promises of the other to transfer the interests in real property described hereunder to the other party. Further, OWNEK and CITY, individually and collectively, agree that the failure of any one of the conveyances to be completed in a timely manner will be an event of default under Section 10 of this Agreement. B. Conveyances to OWNER from CITY 1. Easement Quit Claim (Pala Road Vacation) CITY, pursuant to the deeding instrument recorded as 91436-RS 54189-90 preViously was granted a nonspecific easement by OWNER over a portion of the property subject to the jurisdiction of this Agreement. This property is generally described on Exhibit "M-2" hereto. CITY, agrees to, after the Effective Date of this Agreement and concurrently with the conveyance identified in Section 4.5(c)(1) and 4.6 below, deliver to OWNER a quit claim deed describing the interest presently held by CITY and conveying the same to OWNER.. 2. Easement Quit Claim CITY has previously had dedicated to it, for public purposes, that 'certain real property described on Exhibit "M-I". The CITY received its. imerest fi.om the entity identified as "KI/FKLA." CITY will ddiver a quit claim deed to OWNER quit claiming the interest identified on Exhibit "M-I" concurrently with the delivery of the quit claim deed described in Section 4.5(B)(1) above. · ' 3. OWNER's Purchase of City of Temecula Real Property CITY presently owns fee:title to that certain parcel of real Property identified on Exhibit "M~3" for the portion of real property shown as Area A~ OWNER has offered to purchase, and CITY has conditionally agreed to sell, subject to the sati~action of its customarily required proceedings and conditions, the parcel for the sum of Four Dollars ($4.00) per square fo0t~ The parcel is 28,053 square feet in area, resulting in a sales price of One Hundred Twelve ThOusand, Two Hundred and Twelve Dollars ($112,212.00). C. Conveyances to CITY fi.om OWNER 1. Additional Pala Road right-of-Way . · · OWNER has agreed to conveY, in addition to 'the real property · described in the Action, an additional 12-feet of right-of-way on both sides of Pala Road to provide for the ultimate width of 134 feet as shown on the CITY Circulation Element of the General Plan, all as shown on Exhibit "M-4" hereto. CITY has agreed to pay $4.00 per square foot for the additional right-of-way less any consideration provided for in the eminent domain action for permanent use by the CITY (i.e., slope easements.) The parties agree that the value CITY conveyed to OWNER in the Action is as set forth hereunder. The subject property is specifically described on Exhibit "M-4", hereon, as Parcels 1 & 2 of that exhibit. Parcel I ison the westerly side and has an area of 3,370 SF. The eminent domain action provides for a slope easement over that area (Parcel J) at acost of $2/sq..'R. The additional consideration for Parcel 1 would be 3,370 SF at $2.00/sq. R. = $6,740. Parcel 2 is on the easterly side and has an area of 5,744 SF. The eminent domain action provides for a slope easement over 4,299 SF of that area (Parcel M) at a \\TEMEC_FSI01\VOLIkDepts~P[.ANlqlNGWf,M:FRIrr~?3PA99 Development Agveementdoc cost of $0.75/SF. The additional consideration for Parcel 2 would be 5,744 at $4.00/SF less 4,299 SF at $0.75/SF or $19,751.75. Total consideration for the additional right-of-way is $26,491.75. 2. OWNER has agreed to enter into a License Agreement ("License") substantially in the form attached hereto as Exhibit "H" for the purpose of insuring CITY access to the wetlands mitigation area described in the Action as Parcel B. The License shall be conveyed at such time as OWNER receives consideration, in the amount of One Dollar ($1.00), from the CITY. 4.6 Termination of Eminent Domain Action. In addition to the other compensation in this Agreement, the entire deposit in the eminent domain action (Riverside County Superior Court Case No. RIC 315426, referred to in the rest of this section as the "Action") of Two Hundred N'mety-five Thousand Dollars ($295,000.00), plus any interest that accrued on the deposit, shall be immediately released to OWNER. Once OWNER receives such funds, OWNER shall, at CITY's oPtion, either (a) stipulate to a final order of condemnation for the "subject property" defined in the Complaint in Eminent Domain in the ActiOn, or (b) sign and deliver a dced. ~transfen/ng said "subject Property" tO CITY, with CITY then dismissing oWNER from the Action. 5. ' Further Assurances to OWNER Regarding Exercise of Reserved Authority. ~ 5.1. '.~ Adoption of General Plan and Granting of Other Project A~r0valsJ In. preparing and adopting any g/metal plan amendment, zoning district change and in gr~nting the other Project Approvals, CITY reserves its fight to and shall consider the health, safety and welfare of the residents of CITY. 5.2. . Assurances to OWNER. .The parties further acknowledge-that the public benefits to be provided by OWNER tO CITY pursuant to this Agreement are h consiiterati0n for and reliance upon assurances that the Property can be developed in a~cordance with the Project Approvals and this Agreement. Accordingly, while recognizing that the Development of the Property may be affected by exercise of the authority and rights reserved and excepted as provided in Sections 3.3.1 and 3.3.2. ("Reserved Authority~) or this Agreement, OWNER is concerned that normally .the judiciary extends to local agencies significant deference in the adoption of land use regulations which might permit CITY in violation of the Reserved Authority, to attempt to apply regulations which are h~consistent with the Project Approvals pursuant to the exercise of the Reserved Authority. Accordingly, OWNER desires assurances that CITY shall not and CITY agrees that it shall not further restrict or limit the development of the Property in violation of this Agreement except in strict accordance with the Reserved Authority. 5.3. Judicial Review. Based on the foregoing, in the event OWNER judicially (including by way of a reference proceeding) challenges the application of a future land use regulation as being in violation of this Agreement and as not being a land use regulation adopted pursuant to the Reserved Authority, OWNER shall bear the burden of proof in establishing that · such rule, regulation or policy is inconsistent with the Existing Regulations and the Project Approvals and CITY shall thereafter bear the burden of proof in establishing that such regulation was adopted pursuant to and in accordance with the Reserved Authority and was not applied by CITY in violation of this Agreement. 14 6. Indemnification. Except to the extent of the gross negligence or willful misconduct of the Indemnified Parties (as defined below), oWNER, and with respect to the portion of the Property transferred to them, the transferee agree: (i) to indemnify, defend, and hold harmless the Indemnified Parties fi-om and against each and every claim, action, proceeding, cost, fee, legal cost, damage, award or liability of any nature arising fi-om alleged damages caused to third parties and alleging that CITY is liable therefor as a direct or indirect result of CITY's approval of this Development Agreement. OWNER's duties under this Section 6(i) are solely subject to and conditioned upon the Indemnified Parties' written request to OWNER to defend and/or indemnify CITY. Without in any way limiting the provisions of this Section 6(i), the parties hereto agree that this Section 60) shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Agreement Date. (ii) during the term of this Agreement, to defend CITY and its agents, officers~ contractors, attorney, and employees (the "Indemnified Parties~') fi-om and against any claims Or proceeding against the Indemnified Parties to set aside, void or annul the appt:oval of this. Development Agreement. CITY shall retain settlement authority with respect to any matter provided'that prior to settling any such lawsuit or claim, OWNER shall provide CITY with-a minimum ten (10) business days written notice 0fits'intent to settle such lawsuit er claim. If CiTY(in:itS reasonable discretion) does not desire to settle such. lawsuit or nlalm, it may notify OWNER of the same, in which event OWNER may still elect to settle the lawsuit' or claim as to itself, butC!TY may elect to continue:such lawsuit, but'at OWNER's cost and expense, sol long as the. CITY's decision is predicated upon a legitimate and'articulated threat to either the exercise of its police Powers or a risk of harm to those present within the CITY. 7. Relationship of Parties. The contractual relationship between CITY and OWNER is such that OWNER is' an independent contractor and not the agent or employee ' of C1TY. CITY and OWNER hereby renounce the existence of any form of joint venture or partnership between-them, and agree that nothing contained in this Agreement or in any document executed in connection with the project shall be construed as making CITY and OWNER joint venturers or partners. 82 ' Amendment Or Cancellation 'of Agreement. This Agreement may be mended or canceled in whole or in part only by mntual consent of the parties in the manner provided for in Government Code Section 65868. No amendment or modification of this Agreement or any provision hereof shall be effective unless set fotth in writing and signed by duly authorized representatives of each party hereto. This provision shall not limit CITY's or owner remedies as provided by Section 10. 9. Periodic Review of Compliance with Agreement. 9.1. Periodic Review. CITY and OWNER shall review this Agreement at least once every' 12-m0nth period from the date this Agreement is executed. CITY shall notify OWNER in writing of the date for review at least thirty (30) days prior thereto. ' Such periodic review shall be conducted in accordance with Government Code Section 65865.1. ~\TEMEC_FSI01\VOLBI)q~sL°LANNING~STAFFRFI~73PA99 Developm~t Agr~m~tdoc 9.2. Good-Faith Compliance. During each periodic review, OWNER shall be required to demonstrate good faith compliance with the terms of this Agreement. OWNER. agrees to furnish such reasonable evidence of good faith compliance as CITY, in the exercise of its reasonable discretion, may requke. If requested by OWNER, CITY agrees to provide to OWNER, a certificate that OWNER or a Development Transferee is in compliance with the terms of this Agreement, provided OWNER reimburses CITY for all reasonable and direct costs and fees incurred by CITY with respect thereto. 9.3. Failure to Conduct Annual Review. The failure of the CITY to conduct the annual review shall not be an OWNER default. Further, OWNER shall not be entitled to any remedy for CITY failure to conduct this annual review. 9.4. Initiation of Review by City Council. In addition to the annual review, the CITY Council may at any time initiate a review of this Agreement by giving written notice to OWNER. Within thirty (30) days following receipt of such notice, OWNER shall: submit ,evidence to the CITY,Council of OWNER's good faith compliance with this Agreement and such review and determination shall proceed in the same manner as provided for the annual review. The City Council shall initiate its review pursuant to this Section 9.4 only if it has probable cause to believe the CITY's general health, safety or welfare is at risk as a result of specific acts or failures to act by OWNEK 9.5 .~ Administration of Agreement. Any decision by CITY staff concerning the interpretation and administration of this Agreement and Development of the Property in accordance herewith may be appealed by OWNF_~ to the City Council, provided that any such appeal shall be filed with the City Clerk within ten (10) days after OWNER receives notice of the staff ~decision. The City Council shall render, at a noticed public hearing, its decision to affirm, reverse or modi~' the staffdecisi0n within thirty (30) days after the appeal was filed. 9.6. Availability of Documents. If requested by OWNER, CITY agrees tO provide to OWNER copies of any documents, reports or other items reviewed, aCCumulated or prepared by Or for CITY in connection with any periodic compliance' review by CITY, provided owIqEI1. 'reimburses~ CITY for all reasonable and direct costs and fees incurred by CITY with respect thereto. CITY shall respond to OWNER's request on or before ten (10) business daYs have elapsed bom CITY's receipt of such request. 10. Events of Default: Remedies and Termination. Unless amended or canceled as provided in Section 8, or modified or suspended pursuant to Government Code Section 65869.5 or terminated pursuant to this Section 10, this Agreement is enforceable by either party hereto. 10.1. Defaults by OWNER. If CITY determines on the basis of a preponderance of the evidence that OWNER. has not complied in good faith with the terms and conditions of this Agreement, CTM shall, by written notice to OWNER, specify the manner in which OWNER has failed to so comply and state the steps OWNER must take to bring itself into compliance. I~ within sixty (60) days after the effective date of notice fi.om CITY specifying the manner in which OWNER. has failed to so comply, OWNER. does not commence all steps reasonably necessary to Illl IIllll Illlll Ill Illlll IIIII IIIIII Ill IIIIll III ill bring itself into compliance as required and thereafter diligently pursue such steps to completiDn, then OWNER shall be deemed to be in default under the terms of this Agreement. CITY may terminate this Agreement pursuant to Government Code Section 65865.1. OWNER agrees that its default hereunder is a conclusive representation that it is consenting to the cancellation of this Agreement.· In event of default by OWNER, except as provided in Section 10.3, CITY's sole remedy for any breach of this Agreement by OWNER shall be CITY's right to terminate this Agreement. 10.2. Defaults bT CITY. If OWNER determines on the basis ora preponderance of the evidence that C1TY has not complied in good faith with the terms and conditions of this Agreement, OWNER shall, by written notice to CITY, specify the manner in which CITY has failed to so comply and state the steps CITY must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from OWNER specifying the manner in which CITY has failed to so comply, CITY does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then CITY' Shall be deemed to be in'default finder the terms'of this Agre6ment and. OWNER may'terminate this Agreement and, in addition, may pursue any other remedy available at law or equity, including specific performance as set forth in SectiOn 10.31 10.3. Specific Performance Remed¥. Due to the size, nature and seope ofthe project, it will not be practical or possible to restore the Property to its natural condition once implementation of this~Agrecmeot has begun. After such implementation, OWNER maY'be foreclosed fi.om other choices it may have had to utilize the Property and provide for other benefits: oWNER has invested significant time and resources and performed extensive planning and proceSSing· of the Project in agreeing to the terms of this Agreement and will be investing even more~sign~'fieant time and resources in implementing the Project in' reliance upon the terms of this Agreement, and it is not possible to determine the sum 0fmoney which would adequately compensate OWNER for such efforts. For the above reasons, CITY and OWNER agree that damages would not be an adequate remedy if CITY falls to cam/out its obligations under this Agreement and that OWNER shall have the right to seek and obtain specific performance as a remedy for any breach of this Agreement. · CITY and OWNER further acknowledge that, if OWNER falls to carry out its'obligations under this Agreement, CITY shall' have the right to:refuse to isSUe` any permits or other approvals which oWNER wOUld'otherwise have been entitled to pursuant to this Agreement: Therefore, CITY's remedy of terminating this Agreement shall be sufficient in most circumstances if OWNER fails to carry out its obligations hereunder. Notwithstanding the foregoing, if CITY issues a permit or other approval pursuant to this Agreement in reliance (explicitly stated in writing) upon a specified condition being satisfied by OWNER in the future, and if OWNER then fails to satis~ such condition, CITY shall be entitled to specific performance for the sole purpose of causing OWNER to satisfy such condition. CITY's right to specific performance shall be limited to those circumstances set forth above, and CITY shall have no fight to seek specific performance to cause OWNER to otherwise proceed with the Development of the Project in any manner. 10.4. Institution'ofLegal Action. In addition to' any other tights or remedies, OWNER or CITY may instit/ite legal action to cure, correct or remedy any default, to enforce any covenants oi agreements herein, to enjoin any threatened or attempted violation hereof to recover damages for any default, or to obtain any other remedies consistent with the purpose of this Agreement. Such legal action shall be heard by a reference from the Riverside County Superior Court pursuant \\TEMEC_F8101\VOLI~I)epts~PLANNING~TAFFRPT~73PA99 Develo~nent Agreement. doc IIIIIIIIIIIIII IIIIIIIII IIIII IIiill III IIIIII III IIII to' the reference procedures of the California Code of Civil Procedure Sections 638, et seq. OWNER and CITY shall agree upon a single referee who shall then try all issues, whether of fact or law, and report a finding and judgment thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before him. If OWNER and CITY are unable to agree on a referee within ten (10) days ora written request to do so by either party hereto, either party may seek to have one appointed pursuant to the California Code of Civil Procedure Section 640. The cost of such proceeding shall initially be borne equally by the parties. Any referee selected pursuant to this Section 10.4 shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. 10.5. Estoppel Certificates. Either party may at any time deliver written notice to the other party requesting an estoppel certificate (the "Estoppel Certificate#) stating: 10.5. 1. The Agreement is in full force and effect and is a binding obligation of the parties. 10.5.2. The'Agreement'has not been amended or modi~edeither orally or in writing or, if so amended, identifijing the amendments. 10.5.3 No. default in the performance 0fthe requesting pan'y~s obl~gfitighs U~de[ .th.e Agreement exists or, if a default does exist, the nature and amount of any defa~t' A; party. receiving a request for an EstoPpel Certificate 'shall provide a signed certificate t° the reqUesting party within thirty (30) days after receipt of the request. The City Manager or any person designated by the City Manager may sign Estoppel Certificates on behaif of the CITY. Any officer of OWNER may sign on behalfofOWNEIL An Estoppel Certificate may be relied on by assignees and mortgagees. 10.5.4. In the event that one party requests an Estoppel Certificate fi.om the other, the ~:equesting party shall reimburse the other party for all reasonable and direct costs and fees incurred by such party with respect thereto. 11. Waivers and Delays. 11.1. No Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. 11.2. Third Parties. Non-performance shall not be excused because of a failure of a third person, except as provided in Section 11.3. 11.3. Force Maieure. OWNER shall not be deemed to be in default where failure 9r delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond OWNER control, government regulations (including, without limitation, local, state and federal environmental and natural resource regulations), voter initiative or referenda, moratoria (including, without limitation, any "development moratorium" as that term is applied in Government Code Section 66452.6) or judicial decisions. 11.4. Extensions. The Term of this Agreement and the time for performance by OWNER or CITY of any of its obligations hereunder or pursuant to the Project Approvals shall be extended by the period of time that any of the events described in Section 11.3 exist and/or prevent performance of such obligations. In addition, the Term shall be extended for delays arising fi-om the following events for a time equal to the duration of each delay which occurs during the Term: 11.4.1. Litigation. The period of time after the Effective Date during which litigation related to the Project Approvals or having the actual effect of delaying implementation of the Project is pending, including litigation pending on the Effective Date. This period shall include any time during which appeals may be filed or are pending. 11.4.2. Government Agencies. Any delay resulting fi-om the acts or omissions of the CITY or any other governmental agency or public utility and beyond the reasonable control of OWNER. ' 11.5. Notice of Delay. OWNER shall give notice to CiTY of any dday which OWNER belie'v~/s~to have' occurred'as a result of the occurrence Of any of the events described in Section 11.3. For delays of six months or longer, this notice shall be given. Within a reasonable time after ' OWNER becomes aware that the.delay has lasted' six months or more:' In no event, however, shall notice of a delay of anylength be given later than thirty days after the end of the delay or thirty days before the end of the Term, whichever comes first. . 12. Notices. . All notices required or provided for Under this Agreement~shall be in writing and delivered in person or sent by certified mail, postage'prepaid, return receipt requested. Notices required to be given to CITY shall be addressed as follows: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attn.: Planner Manager With a copy to: Richards, Watson & Gershon Thirty-Eighth Floor 333 South Hope Street Los Angeles, California 90071-1469 Attn.: Peter M. Thorson, City Attorney Notices required to be given to OWNER shall be addressed as follows: II IIIIii Illlll III IIIIII IIIII IIIIII III IIIIIII II Iill Pain Rainbow, LLC 27349 Jefferson Avenue, Suite 102 Temecula, California 92590 Attn.: Michelle D. Schierberl, Managing Member With a copy to: Lorenz AlhadeffCannon & Rose, LLP 27555 Ynez Road, Suite 203 Temecula, Caiifomia 92591-4677 Attn.: Philip D. Oberhansley, Esq. Any notice given as required herein shall be deemed given only if in writing and upon delivery personally or by independent courier service. A party may change its address for notices by giving notice in writing to the other party as required herein and thereafter notices shall be addressed and transmitted to the new address. 13. · AttorneYs' Fees. If legal action is brought by either party against the other for breach of this Agreement, including actions derivative, from the performance of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of its costs, including reasonable attorneys' fees, and shall also be entitled to recover its contribution for the costs ~of the referee referred to in Section. 10.4 above as an ,item of damage and/or recoverable costs. 14. Recording. This Agreement and any amendment or cancellation hereto shall be recorded, at no cost to CITY, in the Official Records' of Riverside County by the City Clerk within the period required by Section 65868.5 of the Goverranent Code: 15. Effect of Agreement on Title. 15.1. Effect on Title. OWNER and CITY agree that this Agreement shall not continue as an encumbrance against any portion of the Property as to which this Agreement has terminated. 15.2. Encumbrances and Lenders' Rights. OWNER and CITY het:eby agree that this Agreement shall not prevent or limit any owner of any interest in the Property, or any portion thereof, at any time or from time to time in any manner, at its or their sole discretion, from encumbering the Property, the improvements thereon, or any portion thereof with any mortgage, deed of trust sale and leaseback arrangement or other security device. CITY acknowledges that any Lender (as hereinafter defined) may require certain interpretations of or modifications to the Agreement or the project and City agrees,, upon request, from time to time, to meet with the property owner(s) and/or representatives of such Lenders to negotiate in good faith any such request for interpretation or modification. CITY further agrees ;that it will not unreasonably withhold its consent to any such requested interpretation or modification to the extent SUch interpretation or modification is consistent with the intent and purpose of this Agreement. A default under this Agreement shall not defeat, render invalid, diminish or impair the lien of any Lender. The mortgagee of a mortgage or beneficiary of a deed of trust or holder of any other security interest in the Property or any portion thereof and their successors and assigns, including without limitation the purchaser at a judicial or non-judicial foreclosure sale or a person or entity which obtains rifle by deed-in-lieu of foreclosure ("Lender") shall be entitled to receive a copy of any notice of Default (as defined in Section 10A hereof) delivered to OWNER and, as a pre- condition to the institution of legal proceedings or termination proceedings, the CITY shall deliver to all such' Lenders written notification of any default by OWNER in the performance of its obligations under this Agreement which is not cured within sixty (60) days (the "Second Default Notice") and shall allow the Lender(s) an opportunity to cure such defaults as set forth herein. The Second Notice of Default shall.specify in detail the alleged default and the suggested means to cure it. After receipt of the Second Default Notice, each such Lender shall have the fight, at its s01e option, within ninety (90) days to cure such default or, if such default cannot reasonably be cured within that ninety (90) day period, to commence to cure such default, in which case no default shall exist and the City shall take no further action. Notwithstanding the foregoing, if such default shall ' be a default which can only be remedied by such Lender obtaining Possession of the Property; or any portion thereof, and such Lender seeks to obtain possession, suehLender shall have until.ninety (90) days after the date obtaining such possession to cure or, if such default cannot reasonably be Cured within such period, then to commence to cure such default. Further, a Lender.shall not be required to cure any non-corable default of OWNER, and any such default shall be deemedcured if any lender obtains possession. ' ,... ~ 16. · Severability of Terms. If any term, provisiOn, covenant or condition 0f:this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby if the tribunal finds that the invalidity was not a material part of consideration for either party. The covenants contained herein are mutual covenants. The covenants contained herein constitute conditions to the concurrent or subsequent performance by the:party.benefited thereby of the covenants to be performed hereunder by. such benefited party~ 17. ' Subsequent Amendment to Authorizing Statute~ This Agreement has been entered into in reliance upon the provisions of the Development Agreement Legislation in effect as of the Agreement Date. Accordingiy, subject to Section 3.3.2 above, to the extent that subsequent amendments to the Government Code would affect the provisions of this Agreement,~.sueh amendments shall not be applicable to this Agreement unless necessary for this Agreement to be enforceable or required by law or unless this Agreement is modified pursuant to the provisions set forth in this Agreement and Government Code Section 65868 as in effect on the Agreement Date. 18. Rules of Constrnction and Miscellaneous Terms. 18.1. Interpretation and Governing Law. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with thelaws of the State of California. The parties understand and agree that this Agreement is ,not intended to constitute, nor shall be construed to cohstitute, an impermissible attempt to contract away the legislative and governmental functions of the CITY, and in particular, the CITY's police powers. In this regard, the parties understand and agree that this Agreement shall not be deemed to constitute the surrender or abnegation of the CITY's governmental powers over the Property. \\TEMEC. F$101 \VOL 1 ~)e~ns~PLANNING~gTAFFRPT~2731P A 99 Development Agreementdoc 18.2. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 18.3. Gender. The singular includes.the plural; the masculine gender includes the feminine; "shall" is mandatory, "mayN is permissive. 18.4. No Joint and Several Liability. At any time that there is more than one OWNER, no breach hereof by an OWNER shall constitute a breach by any other OWNER. Any remedy, obligation, or liability, including but not limited to the obligations to defend and indemnify CITY, arising by reason of such breach shall be applicable solely to the OWNER that committed the breach. However, CITY shall send a copy of any notice of violation to all OWNERS, including those not in breach. 18.5. Time of Essence. Time is of the essence regarding each provision of this Agreement of which time is an element. 18.6. Recitals. All Recitals set forth herein are incorporated in this Agreement as though fully set forth herein. 18.7. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and the Agreement supersedes all previous negotiations, discussion and agreements between the parties, and no parol evidence of any prior or. other agreement shall be permitted to contradict or vary the terms hereof. 19. Extension of Maps. In accordance with Government Code Section 66452.6(a), any tentative map approved which relates to all or a' portion of the Property shall be extended for the greater of (i) the Term of the Agreement or ('ti) expiration of the tentative map pursuant to Section 66452.6. 20. Not for Benefit of Third Parties. This Agreement and all provisions hereof are for the exclusive benefit of CITY and OWNER and its Development Transferees and shall not be construed to benefit or be enforceable by any third party. IN' WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year dated below. Dated: f~a~e~- I[~ , 1999 ATTEST: "CITY" CITY OF TEMEC~L~ a municipal co~ ~ [ Stevenr~ord, May0r~. ~ Susa~ Jones, CM~/AAE/ APPROVED AS TO FORM: Dated: ~ 1999 "OWNER" PALA RAINBOW, LLC By: Its: 'By: Its: State of California -) County Commission # 1167659 No:aw PuDlic - California personally appeared ~/~:ZZ~a ~ ~ z:~lr~ c&~ , personally k(n~own to me or p to me on the bas~s of sausfactor~ ewdence to be the person(s) whose name(s)4a/are subscribed to the within instrument and acknowledged tome that l~.Jthey executed the same in lfi~hex/their authorized capacity(les), and that by hl,Yi~r/thelr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. State of California ) County Of'~/¢ec~lc~))ss personally appeared ~//(~6/t/( ~-~'~-~&,',/ , personally known to rile ot-ffn~d to me on the basis o~ satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hedshe/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ~ita~y 280~-0~7423 24 PROPERTY OWNED BY PALA RAINBOW, LLC \~TEMEC_FS 101 \VOL 1 '~)epts~LANNING~TAFFRPT~2?3 PA99 Developmenl AgreemenLdoc 25 I ! ~000 ZONING DISTRICT REGULATIONS \\TEMEC_F$101 ~VOL I'~cpts~PLANN I/qGX..~TAFFRJri~73 pA99 Deve|opmenl Agreemencdoc 26 CHAPTER 17.08 COMMERCIAL/OFFICE/INDUSTRIAL DISTRICTS SECTIONS: 17.08.010 17.08.020 17.08.030 17.08.040 17.08.050 17.08.060 17.08.070 17.08.080 Purpose and intent. Description of commercial/office/industrial districts. Use regulations. Development standards. Special use regulations and standards. Landscape requirements and standards. Commercial/office/industrial performance standards. Environmental standards. 17.08.010 PURPOSE AND INTENT. The following zoning districts are intended to provide regulations for t~'safe efficient andcreative design of the commercial, office and industrial areas within the city. The zoning diStri~ are intended to be consistent with ,the land use designations that are described in the land use element of'the Temecula general plan. In certain situations-several zoning districts are ~stablisl~d~to implement the goals and objectives of the general plan. The commercial/office/industrial zoning districts are intended to permit :the range of indusida! or commercial uses in areas where uses are consistent with the general plan~ It is further intended to accomplish the. following: A. Provide for appropriate commercial areas to provide the city with a sound retail and ' industrial, base with employment opportun, ities for the communityl B. To ensure compatibility of retail commemial ~nd office uses with adjacent land uses and to · minimize traffic congestion and overloading of the city's utility;systems. C. To encourage and assure that new commercial and industrial development Will be planned in a comprehensive manner with high standards of arChitecture, landsCape,and site design. (Ord. 95-16 § 2 (part)) 17.08.020 DESCRIPTION OF COMMERCIAL/OFFICE/INDUSTRIAL DISTRICTS. The purpose and intent of the zoning districts are described as follows: Neighborhood Commercial (NC). The neighborhood commercial designation includes smaller-scale business activities which generally provide retail or convenience services for the loCal residents in the surrounding neighborhood. Typical uses include traditional small food markets (floor area !ess than tWenty-five thousand square feet); drug stores, clothing stores, sporting goods, offices, hardware stores, child Care and.community facilities. Includes Amendments as of June 1, 1999 community Commercial (CC). The community commercial designation includes retail, professional office and service-oriented business activities which serve the entire community. Communibj commercial areas typically include some neighborhood commercial uses as well as larger retail uses including department stores, theaters, restaurants, professional offices, specialty retail stores and shopping centers. Chapter 17.08 - 1 Highway/Tourist Commercial (HT). The highway commercial designation is intended to provide for those uses that are located adjacent to major transportation routes or within convenient access from freeway interchanges. Highway commercial development should be located near major arterials, and developed as clusters of commercial development rather than permitted to extend along the major streets. Typical uses may include tourist accommodations and lodging facilities, automobile service stations, restaurants, convenience shopping, and food stores, and gift shops. Service Commercial (SC). The service commercial designation is intended to provide for intensive commercial uses and selected light manufacturing uses that typically require extensive floor area. Typical uses include home improvement stores, discount retail stores, furniture stores, auto dealerships and auto service and repair. Warehousing and light manufacturing may be permitted as supporfing uses for a business that is consistent with the service commercial designation. _,il Professional Office (PO). The professional office designation includes primarily single-tenant or multi-tenant offices and may include supporting uses. The office developments are intended tO include Iow ri~e Offices situated in a landscaped garden arrangement and may include mid-rise structures at appropriate: locations. Typical uses include legal, design, .e~r~gineedng or medical offices, corporate and g0vemmental offices, community facilities. Limited suppbrting convenience retail and persohal service~'(SUci~i as dry cleaners, barbers;~: shoe repair shop) commercial may be permitted to serve the:. needs of the on-site employees. A maximum of f~een percent of the total square footage of the floor area shall be de¥oted to retail Or personal service useS. ' Business Park District (BP). It is the intent of the business park zoning designation- to develop well designed business and employment centers that include attractive and. distinctive ai'chitectural design, innovative site planning,' and substantial landscaping and visual quality. Typical U~es may include administrative offices, research and 'development laboratories, custom made product manufacturing, processing, assembling, packaging, and fabrication of goods, such as jewelry, fumitU~:e~ art objects, clothing, on-site wholesale of goods produced, and labor intensive manufacturing, assembly, and repair processes which do not involve frequent track traffic. Retail uses are not permitted in this zoning district except as supporting a pdncipal'business park use (limited to fifteen pei'cent (15%) of the square footage of the development). Light Industrial District (LI). It is the intent of the light industrial zoning designation to promote the development of attractive comprehensively planned industrial uses that will: help to provide the city with a sound and diverse industrial base. This district allows for a wide variety of industrial uses including manufacturing, compounding of materials, processing, assembling, packaging, treatment or fabrication of materials, and products which require frequent truck activity or the transfer of heavy or bulky items. Wholesaling, storage and warehousing within enclosed building, storage and wholesale to retailers from ihe premises of finished goods and food products are also allowed. Also included in this zoning district are the following Uses; warehousing, freight handling, shipping, truck services and terminals, storage and wholesaling from the premises of unrefined raw or semirefined products requiring further processing or manufacturing. Storage of raw or finished materials may occur outside providing there is adequate screening from adjoining land use areas. Standards are provided to protect adjoining uses from excessive noise, odor, smoke toxic materials, and other potentially objectionable impacts. (Ord. 96-19 § 2(EE)(part); Ord. 95-16 § 2 (part); Ord 97-17 § 2(D)) includes Amendments as of June 1, 1999 Chapter 17.08 17.08,030 USE REGULATIONS. The land uses list in the following Table 17.08.030 shall be permitted in one or more of the commercial zoning districts as indicated in the columns corresponding to each residential district. Where indicated with a letter "P" the use shall be a permitted use. Where indicated with a "-," the use is prohibited within the zone. A letter "C' indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of UseI. 1cc Is,'= I .o IB, ,, A Adult business-subject to Chapter 5.08 of the Tem&cula Municipal Code Aerobics/dance/gymnast cs/jazzercise/martial.arts C F P I P C C studios (less than 5,000 sq. ft.) I Aerobics/dance/gymnastics/jazzercise/martial arts -~ F P P: - studios (greater than 5;000 sq. ft.) . i ', Airports .., C Alcoholism' or drug treatment facilities C C C C - Alcohol and d~g treMment (outpatient) C C C P AlCOholic beverage sales C C C C Ambulance services P F - P Animal hoSpital/shelter F P F ~ P Antique restoration C C C C AntiqUe.sales F F P Apparel and accessory shops I; F P .J F - .' I Appliance sales ~nd ~'epairs (household and small F F F C appliances) Arcades (pinball and video games), C C J C Art supp y stoles F F P F AuctiOn houses C F · C ( Auditoriums and conference facilities C C C C C ( Automobile dealers (new and used) C Automob e sa es (brokerage)-showro0m only (new C C F .( and used)mo outdoor display Automobile repair services C C F F Automobile rental C C F F Automobile painting and body shop C - F Automobile salvage yards/impound yards ( Automobile service stations with or without an F P F C C automated car wash Automotive oil change/lube services with no major C P F repairs Automotive parts-sales p P I: - Automotive service stations selling beer and/or wine- C C with or without an automated car wash Incluc~es Amendments as of June 1, 1999 Chapter 17.08- 3 Table 17.08.030 Schedule of Permitted Uses Commercial/Officellndustrial Districts Description of Use B Bakery goods distribution Bakery retail Bakery wholesale Banks and financial institutions Barber and beauty shops Bed and breakfast Bicycle (sales, rentals, services) Billiard parlor/'poolhall Binding of books and similar publications BIood~bank Blueprint-a,nd duplicating and copy services Bookstores . Bowling alley Building materi~;I sales (with exterior storage/sales areas greater than 50 ipercent of total sales area) Building material sa es .(with exterior' storage/sales areas less than' 50 percent of total sales area) Butcher shop C Cabinet shop Cabinet shops under 20,000 sq. ff.-no outdoor storage · Camera shop (sales/minor repairs) Candy/confectionery sales~ Car wash, full service Carpet and rug cleaning Catering services Clothing sales Coins, purchase and sales Cold storage facilities Communications and microwave installations= ~-- In~Ju(~es Amendments as of June 1. 1999 Chapter 17.08 - 4 Table 17.08.030 Schedule of Permitted Uses Commercial/Officellndustrial Districts Description of Use Communications equipment sales ~, t ' I ~ I ' I I F Community care facilities F Computer sales and service F Congregate care housing for the elderly F P i Construction equipment sales, service or rental '.' t i Contractor's equipment, sales, Service or rental Convenience market P C Costume rentals Crematoriums Cutlery D Data processing equipment and systems ( Day care centers ( F P P ~ ( Delicatessen' ( P P F DiscountJdepartment store Distribution facility Drug Store/PharmacY F P P . .. Dry Cleaners F P P Dry cleaning plant (~ C (~ .- Emergency shelters C C Equipment sales and rentals (no outdoor storage) P - Equipment sales and rentals. (outdoor storage) - F Feed and grain sales Financial, insurance, real estate offices P P Fire and police stations P P Floor covering sales P Florist shop P P Food processing Fortunetelling, spiritualism, or similar activity P P Includes Amendments as of June 1, 1999 Chapter 17.08 - 5 Table 17.08.030 Schedule of Permitted Uses . Commercial/Office/Industrial Districts Description of Use l~C ~C HT ~C I PO Freight terminals Fuel storage and distribution ' I- Funeral padors, mortuary F Furniture sales I: Furniture transfer and storage G Garden supplies and equipment sales and service ~' P ~ i ( Gas distribution, meter and control station General merchandise/retail store less than 10,000 sq. ; p fto ' Glass and mirrors, retail sales P Governmental offices less than 5,000 sq. ft. ; I ~ E ~ P I Grocery store; retail P C Grocery st~re,-wh01esale Guns and firearm sales H Ha~wa?e stores . Health and exe~'cise clubs (less than 5,000 sq. ft.) P C Health and exercise clubs (greater than 5,000 sq. ft.) P Health food store p ~ C Health care'facility P P Heliports Hobby supply.shop " P Home and business maintenance service Hospitals C Hotels/motels P C Ice cream parlor P 3 P Impound yard Interior decorating service P J Includes AmenOments as of June 1, 1999 Chapter 17.08 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use K Kennel L Laboratories, film, medical, research or testing centers Laundromat Laundry service (commercial) Libraries, museums and galleries (private) Liquified petroleum, sales and distribution Liquor stores Lithographic service LoCksmith Machine shop Machinery storage yard Mail order businesses Manufacturing of products similar to~ but not limited to, the following: Custom-made product, processing, assembling, packaging, and fabrication of goods within enclosed building (no outside storage), such as jewelry, · furniture, art objects, clothing, labor intensive manufacturing, assembling, and repair processes which do not involve frequent truck traffic. Compounding of materials, processing, assembling, packaging, treatment or fabrication of materials and products which require frequent truck~ activity or the transfer of heavy or bulky items. Wholesaling, storage, and warehousing within enclosed building, freight handling, shipping, truCk services and terminals, storage and wholesaling from the premises of unrefined; raw or semirefined products requiring further processing or manufacturing, and outside storage. Uses under 20,000 sq. ft. with no outside storage Massage lncJucles Amen(~ments as of June 1, 1999 Chapter 17.08 - 7 Table 17.08o030 Schedule of Permitted Uses Commercial/Office/industrial Districts Description of Use Medical equipment sales/rental Membership clubs, organizations, lodges Mini-storage or Mini-warehouse facilities' Mobilehome sales and service Motion picture studio Motorcycle sales and service Movie theaters Musical and reCOrding studio N Nightclubs/tavems~bars/dance club/teen club Nurseries (retail) Nursing homes/convalescent homes O Office equipment/supplies, sales/services Offices, administrative or corp0tate headquarters With greater than 50,000 sq. ft. Offices, Professional services with less than 50,000 sq. ft., including, but not limited to, business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, insurance P Paint and wallpaper stores Parcel delivery services Parking lots and parking structures Pawnshop Personal service shops Pest control services Pet grooming/pet shop Photographic studio Plumbing supply yard (enclosed or unenclosed) Postal distribution Postal services Inctudes Amendments as of June 1, 1999 NC i iscl Poi,. P P P~ IP IS I't c c I~ lc lc i~ Chapter ~ '.08 - 8' Table 17.08.030 Schedule of Permitted Uses CommerciallOtticellnous[rtal Description of Use I C I C~C J HI .~C! PO BPIL'~I Printing and publishing (newspapers. periodicals, books, etc.) Private utility facilities (Regulated by the Public ~ p P i i : Utilities Commission) Q Radio and broadcasting studios, offices P P I Radio/television transmitter ~ - Recreationalvehicle parks I C I ' ' Redreational vehicle sales C · Recreational vehicle, trailer, and boat storage within. -. ( - an enclosed building Recreational. vehicle, trailer and boat storage-exterior yard ~ ...... -=- ..... Recycling collection facilities - Recycling processing facilities - - without a dayCare or private C C Religious institution, school Religious institution, with a pdvate school C/ C Re!igious institution, with a daycare C Residential (one dwelling unit on the same parcel as a C ~C commercial or industrial use for use of the proprietor of the business) Residential. multiple-family housing Restaurant, drive-in/fast food C Restaurants and other eating establishments P P Restaurants with lounge or live entertainment C Retail support use (15 percent of total development square footage in BP and LI) Rooming and boarding houses S Scale, public I ( Schools, business and professional P P Includes Amenclments as of June 1, 1999 Chapter 17.08 - 9 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/industrial Districts Description of Use I N~ (:C HT I.~C I PO iBP L Schools, private (kindergarten through Grade 12) I (~ P Scientific research and development offices and C laboratories I Senior citizen housing (see also congregate care) F P P { ! - Solid waste disposal facility ' Sports and recreational facilities ; ( C C I I ( Swap Meet, entirely inside a permanent buitding3 I ( SWap Meet, Outdoor Swimming pool supPlies/equiPment sales I F I' T Tailor shop '1 I; P Taxi or limousine service P . I: Tile sales F Tobacco shop P Tool and die casting - - Transfer, moving and storage - . Transportation terminals and stations ~! C - Truck sales/rentals/service - - TVNCR repair ~ P P ' ! F U Warehousing/distribution Watch repair ~ F p F Wedding chapels F P Welding shop - Welding sUpply and service (enclosed) F - Y Reserved Includes Amen0men~ as of June 1, 1999 Chapter 17.O8 - 10 Table 17.08.030 Z Reserved 2. 3. 4. Schedule of Permitted Uses Commercial/Office/Industrial Districts Descripfion of Use , T t.Cl ! HT 'SI The CUP will be subject to Section 17.08.050(G). Subject to standards outlined in appendix. See Chapter 5.22 of the Temecula Municipal Code. See Section 17.080.050(R). special use regulations and standards for serf-storage or mini- . warehouse facilities. (Ord. 96-19 §§ 2(EE)(part) and 4; Ord. 95-16 § 2 (part);Ord. 97-03 § 2;Ord. 97-06 § 2; Ord 97- 17§(5)) 17,08,0~t0 DEVELOPMENT STANDARDS, The development Standards listed below are the minimum standards for development with .~e reSpective zoning districts, It is intended that these standards'will be met~in addition tothe commercial/office/industrial performance standards of Section 17.08,070, Considerations for approval.of development plans and for awarding floor area ratio bonuses will be based uPOn both the development standards and the degree of conformance with the performance standards, In:the event of a conflict between the development standards and the performance standards, the director of plan~nigg she determine which requ rement best implements the intent of the development.code. Separate devel0pmeni standards have been established for developments on a sing e Io{ and fdr those commercial shopping centers or industrial planned developments which, include' multiple structures on One or more lots. InCludes Amendments as of June 1. 1999 26~8-6~74~3 48 o£ 87 Chapter 17.08 - 11 The following Table 17.08.040A provides the development standards for the commercial/office and, industrial districts for developments within planned shopping centers or industrial/business parks. Table 17.08.040A Development Standards - Commercial/Office/Industrial Districts · For Developments within Planned Shopping Centers or IndustriallBusinesslParks Commercial Development Standards N,C C( HT Si PO EP Minimum gross area of site 5a~es 10a res 10acres 10~ ;res 5acres 10;cres I lOa:res Target floor area ratio 0~25 0.::) 0.30 0..~0 0.50 0. Maximum floor area ratio 0~40 1, 1.O 1 with intensity bonus as per ! Section 17.08.050 Front yard adjacent to a i ' street: I Arterial street 2§ ff. 20 It. 25 ft. 25 ft. 25 ft. 20 ft. 20 ft. Collector 20 ft. 15 ~t. 20 fL 20 ft. 20 ft. 20 ft. 20 Local 1.q fL 10~t. 15ft. 15ft. 10ft. 10ff. 10ff.' Yard adjacent to 24 fL. 25 ~t. 30 ~t. 30 fL 25 fl. 35 ft. 40 ft;. residentially-zoned property. ' ' I ! ' Interior side Yard {) . 0~: ~0 0 Rearyard' ts: ft.' iO . .10ft. Oft. t0fL Accesso structure- 5j...i 5/ 5 ft. side/rear setback Minimum building separation: One Story: 1( lt. 10 ~L 1Oft. 15 Two stories: l~fL 15 ~. 15ft. 20 Three stories or more!, 20 t. 20 ft. 25 ft. 25 ft. 25 rt. 25 rt. Maximum height 35: ft. 50 't. 75 ft. 50 It. 75 fL I 50 fl. 40 rt. Maximum percent of lot 2~% 30'/~ 30% 30 coverage / Minimum required 21% 20~/o 20% 20 Yo 25% 25 Y~ 20 '/o landscaped open space Fence, wall or hedge 6 6 ~L Not 6 'L 61l. screening outdoor storage- allowed minimum height Fence, wall or hedge 6ift. 8 8 ft. 12 ~t. Not 12 screening outdoor storage-~ allowed maximum height Includes Amendments as of June 1, 1999 Chapter 17.O8 - 12 The following Table 17.08.040B provides the development standards for the Commercial/Office and Industrial Districts for a development on a separate lot. Table 17.08.040B Development Standards - Commercial/Office/Industrial Districts For a Development on a Separate Lot Commercial/Development Standards NC C 3 HT S PO E P L Minimum net lot area (sq. ft.) 30,000 30J ~00 20,000 40J ~00 40,000 40, )00 I 40.( 00 sq.~. sq.ft. sq. ft. sq.ft. sq. ft. sq ft.! sq.[1. Target floor area ratio 0.25 0.: l0 0.30 0.: ;0 0.50 I 0. l0 0.4O Maximum floor area ratio with 0.40 1. intensity bonus as per Section 17.08.050 Minimum width ai required SOft.' 50ft. eof[. 101:ft. soft. 10( ft' front setback area Minimum depth .. 100~ff. 101:ff. 100 ft. 12C ft. 120 ft. 12( ft. 12( ~t. Minimum frontage on a street 30=~. 30 ~t. 50 fi; 80 ~t. ' 60 ff., 80 [I. 80 L Yard area adjacent to a street: Arterial street 25~. 15; ~t. 25ff. 25 t. 20ff. Collector 25~. lOft Local 15ft. lOIrt. 15ft. 15 t. lOft. 10 rt. 10 Intedor side yard oi o o o o o I Rearyard ' 15~t. 10 ~ 10ft. 10 t. lOft. 10~. 10 t. Accessory strUcture-side/rear 5 f~. 5 .. 5 ft. 5 f 5 ft. 5 t 5 setback Yard areas adjacent to 25 ~t. 25 ~. 30 ft. 30 't. · 25 ft. 30 t. 40 t. residentially zoned property. Maximum height ' 35 ~t. 50 ~t. 75 ~t. ~ I 50 't. 75 ft. 50 ~. 50 t. Maximum percent of lot 25~o 3C % 30% 30~ coverage Minimum required landscaped 25~ 2(~ open space Fence, wall or hedge- 6 ft. 6 t. 6 ft. 6 ~ 6 ft. 6 1 6 maximum height . Accessory structure- 12~1. 12ft. 12ft. 121L 12ft. 121~. 12 t. maximum height Fence, wall or hedge ' 6 t. 6 ~ Not 6 6 screening outdoor storage- allowed minimum height Fence, wallor hedge 6f~. 8 t. 8ft. 121 Not 12 t. 12 t. allowed screening outdoor storage- maximum height (Ord. 96-19 § 2(EE) (part) and (FF) and 3(B) and (C); Ord. 95-16 § 2 (part); Ord. 98-14 § 3) In~udes Arnendments as of June 1. 1999 Chapter 17.08 - 13 17.08.050 A. SPECIAL USE REGULATIONS AND STANDARDS. Commercial/Office/Industrial Incentives. Increase in the Floor Area Ratio. As a part of the process of the review and approval of a development plan or conditional use permit, the planning commission and city council may consider an increase in the maximum allowable intensity as indicated on Table 17.08.040A. The amount of the increased intensity shall not exceed the maximum of the density range or floor area ratios stated in the general plan for the specific land use designation. In addition, the city engineer must determine if the project at the increased intensity does not create unmitigabie impacts upon the traffic circulation in the area or overburden the uti ties serving the area. The city council shall consider the following factors in determining if an increase in the intensity is justified: 1. The project includes use(s) which provide outstanding and exceptional benefits to the city with respect to the employment, fiscal, social and economic needs of the community. Examples include: the provision of affordable housing with proximity to COnvenient shopping and employment,''accessibility to mass transit facilities, and creative mixtures of land uses, housing types, and dens!ties. · 2. The project provides exceptional"architecrural and landscape design~ amenities~ which reflect an attractive image and character for the city. Examples include' b~t · e'xtrai3rdinary architectural design, landscaped envy .features '(maybe W thin. the public right-of-way,) public trail systems, or public plazas, and recreational features in, ex~cess of. what is required by this development code. 3. : The project provides enhanced public facilities which are needed by the city. Beyond those required mitigations. Examples of such .facilities include: the provision of community meeting centers, enhanced transportation improvements, off-site traffic signalization, police or fire stations, publiC recreation facilities and common parking. areas or structures to serve the community. Entertainment Establishments. Providing Dancing, Music and Similar Activities. Noise levels shall not e×ceed the standards set forth in the noise 61ement of the general plan or the environmental performance standards of this development code (Section 17.08.070). Dancing, music, and similar entertainment uses shall be limited to between the hours of six p.m. and two a.m. 3. The city may apply additional requirements or limitations depending on the location, surrounding uses and other considerations. C. Arcades. In consideration of a request for an arcade, the following criteda will be considered and application matedal requested. i. The planning commission shall consider, but not be limited to, the need for adult supervision, hours of operation, proximity to schools and other community uses, compatibility with the surrounding neighborhood and businesses, noise attenuation, bicycle facilities, and interior waiting areas. includes Amenclments as of June 1.1999 Chaplet 17.08 - 14 The applicant shall submit with his application, three Sets of typed gummed labels, listing the name and address of all businesses within a shopping center and all landowners within a three-hundred-foot radius of the shopping center or arcade. ' Each application shall contain a description of the types of machines, a floor plan, . and hours of operation. Car Washes. A conditional use permit shall be required for all full-service or self-service car washes within the commercial districts. Car washes shall comply with the following criteria: Such business shall be located at least two hundred feet from any residential district. Wash bays and vacuum areas shall be screened from public view. Regular monitoring of the facility by an attendant shall be provided dudng business hours to control ooise, litter, and other nuisances. Hours of operation shall be limited to seven a.m. to ten p.m., unless otherwise specifically established as a condition of approval. Automatic shut-off of water aqd electrical systems, except for secudty and fireprotection, shall be provided dudng non-business hours; Permanent Indoor Swap Meet Facilities. Indoor- swap meets shall be established only in buildings containing five.thousand square feet or more of gross floor area. City business licenses and state seller permits shall be obtained by every tenant operating a stall space. No more than one business license shall be granted per one hundred fifty square feet of building floor area. The minimum average square footage of a partitioned cubicle or stall space (booth) shall be one hundred fifty square feet. The minimum size for an individual stall shall be one hundred square feet, and no more than twenty-five stall spaces shall be permitted to contain one hundred square feet. 5. No adult business, as defined in the Temecula Municipal Code shall be permitted. No loudspeakers or sound equipment which can be heard from exterior or · semipublic areas shall be used on the premises. Each stall space shall be pa~tioned with partition walls at a height of not less than five feet, six inches. Scissor-type gating shall not be used to separate vendors or vending areas. All floor areas of indoor tenant spaces, shall be covered with a high-grade tile or carpeting. IncJudes Amenclments es of June 1, 1999 Chapler 17,08 o 15 9. Aisles shall have a minimum width of seven feet. 10. Security personnel shall be provided during hours of operation. Used Motor Vehicle Sales. The minimum lot width of any Site supporting a used motor vehicle sales business shall be one hundred feet, 2. The minimum lot area shall be ten thousand square feet, Buffer walls and landscaping shall be as provided as required for the zoning district in which the use is located. A building containing not less than two hundred square feet shall be maintained on the lOt supporting the business. The building shall be a permanent structure; portable buildings or mobilehomes are. not permitted, Alcoholic Beverage Sales. i.' All businesses or establishments offedng the sale of alCOholic beverages, except. for the incidental sale of beer and wine at a restaurant, sha I require the appropriate license from the state of California and the city and be subject to a conditional use permit. 2. Any automotive service station Which proposes to sell beer and wine concurrently with motor vehicle fuel shall require a conditional use Permit which permit shall be subject to the provisions of Business and Professions Code Section 23790 et seq. and shall require that: a. The' decision be based on written findings. A denial of an application for'a CUP be subject to appeal to the city council in accordance with Section 17.03.090 of this code. c. The same procedure for noticing, and conducting the CLiP hearing that is utilized bY the city. for all other CUPs be used and provide for all parties to be present and to present evidence. d. The decision and findings be based on substantial evidence in view of the whole record to justify the ultimate decision. 3. The above businesses shall not be located within five hundred feet of any religious institution, school or public park. The license application shall be reviewed by the .dty's police services prior, to city approval. Trash Collection Areas. Trash collection areas shall be located within a screened enclosure. The enclosure should not be visible from a public street or from any adjacent residential area. Trash collection shall include separate facilities for the recycling of paper, bottles, plastic and aluminum. Additional design requirements are provided in the performance standards of this chapter. Includes Amendments as of June 1, 1999 Outside 1, Storage and Service Areas. Outside storage should be confined to the rear of the principal structure(s), rear two- thirds of the lot, whichever is more restrictive. All storage.areas shall be located on appropriate paving and be screened from public view from any adjoining properties and from the public fights-of-way by appropriately designed walls, fencing and landscaping. 2. Storage on Vacant Lots. When permitted by the zoning district regulat!ons or by a development permit outside storage on a vacant lot shall be screened from.public view from any adjoining properties and from the public right-of-way by appropriately designed, walls, fencing and landscaping. Lighting. All lighting fixtures, including spotlights, electrical reflectors and other means of illumination for signs, structures, landscaping, parking, loading, unloading and similar areas, shall be focused, directed and arranged to prevent glare o{ direct illumination on streets or adjoining property. Mechanical Equipment. Mechanical equipment used in the manufacturing process may be required to be enclosed in a building and roof-mounted accessorY equipment may ,be required to be screened from view. Retail Sales. Retail sales and services that are incidental to permitted use ar~ subject to the following conditions: The operations are contained within the main structurewhich houses the primary use. The retail sale area occupies no more than fifteen percent of the total building square footage. 3. No retail sales or display of merchandise shall occur outside the structures. Drive-Thru Facilities. Commercial uses including restaurants, financial institutions or other business providing drive-thru facilities shall be subject to the following requirements. 1. All drive-thru facilities shall require a conditional use permit. Pedestrian walkways should not intersect the drive-thru aisles. If pedestrian walkways do cross the drive aisles, they shall be clearly marked with paving or striping. Drive-thru aisle shall have a minimum width of eleven feet on the straight sections and twelve feet on curved portions. For fast food restaurants the drive-thru aisles shall have a sufficient stacking area behind the menu board to accommodate six cars. The speakers shall be located so as to protect adjoining residential areas from excessive noise. Includes Amendment~ as of June 1, 1999 Chapte~ 17.08 - 17 N. Temporary Office Modules. A master plan for development of permanent buildings shall be submitted in conjunction with such request. The design of the office modules shall have a permanence, as mu~:h as practicable. This shall include such things as screening temporary foundations, screening utility equipment, and using overhangs, walkways and stepped roofs to mitigate the temporary appearance. The approval of temporary office modules shall require necessary street improvements, grading, drainage facilities and landscaping. Outdoor Sales of Merchandise. All businesses shall be conducted complete within an enclosed building. The following outdoor sales and commercial activities may be permitted to operate outdoors, within their resPective districts and subject to any required reviews and permits: Autbmobile, boat, trailer, camper, and motorcycle sales and rentals (Subject to a conditional use permit); ' ~ ,, Building material, supplies and equipment rental and sales (subject to a conditional use permit); · 3. .Fruit and vegetable stands (required temporary use permit); o Horticultural nurseries (subject.to a conditional use permit); Gasoline pumps, oil racks and accessory items when loCated on' pump islands; Outdoor display of merchandise as accessory to current on-site business (subsection Q of this section); 7. Outdoor recreation useS; Parking lot and sidewalk sales (subject to temporary use permit and regulations set forth in this chapter); and Other activities and uses similar to those above as determined §y the director of planning. Outdoor Display of Merchandise Accessory to Current On-Site Business. Any outdoor display must be done in conjunction with the business being conducted within the building and shall comply with the following regulations: The items being displayed shall be of the same type that are lawfully displayed and sold inside the building on the premises. The aggregate display area shall not exceed twenty-five percent of the linear frontage of the store front or ten linear feet, whichever is greater4 3. Items shall not project more than four feet from the store front. IncJuctes Amendments as of June 1, 1999 Chapter 17.08 - 18 No item, or any portion thereof, shall be displayed on public property; provided, however, items may. be displayed within the public right-of-way if an encroachment permit has first been procured from the city. Items shall be displayed only during the hours that the business conducted inside the 'building on the premises is open for business. No item shall be displayed in a manner that: causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of pedestrian or vehicle. traffic; is unsightly or creams any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance. Flag Poles. A maximum height of seventy five feet. Self-Storage or Mini-Warehouse Facilities, Development Standards The following standards shall be applied to all new self-storage'or mini-wareho,u, se facilities: The design of the facility shall be compatiblff ~ith'the sUrrounding area in terms of design, bulk and mass, materials and colors. Building exteriors shall not be corrugated metal or similar surface, but shall be of finished quality. Metal containers are prohibited. In commercial zoning districts the rear and side yard setbacks shall be a minimum of !0 feet. In industda! zoning dist.n,'cts no rear or side yard se{backs are required. The director of pl~nnihg may increase the setbacks to a maximum of 25 feet when adjacent tO an existing residential development project. The front yard setback shall maintain the setback for the underlying zoning classification. The maximum lot coverage shall be 65 percer~. The development site shall provide a minimum of 10% landscaped open space for a project within commercial districts, In industrial districts, the total landscaping shall be equal to the required setback a.reas. No interior landscaping is required, but the setback areas shall be landscaped. A manager's residential unit may be provided, but is not required. Required parking spaces may not be rented as, or used for, vehicular storage. However, additional parking area may be provided for vehicles, boats, buses, trailers, etc., provided that the storage area is adequately screened from public view with enhanced landscaping, decorative walls, fences, or other methods as deemed appropriate by the director. Includes Amendments as of June 1. 1999 Chapter 17.08 - 19 2. Performance and Use Regulations Any business activity, other than rental of storage units, including the on-site sale of merchandize or garage Sales, and transfer/storage businesses which utilize vehicles as part of the business is prohibited. No servicing or repair of motor vehicles, boats, trailers, lawn mowers, or any similar equipment is permitted. Storage units shall not be used for the storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals. Co Track or vehicle rental is prohibited without obtaining all necessary approvals subject to the Development Code Schedule of Permitted Uses. S. Automobile, Motorcycle and Truck Dealership Landscape Standards.- Landscape Standards. The following standards shall be applied to all new automobile, motorcycle and truck dealerships Or substantial alterations to existing automobile, motorcycle and truck dealerships. % a. Display areas: a minimum five foot (5') wide landscape island shall be required at the end of all display area lanes adjacent to the main entry drive lane. A One;fOOt strip, made of concrete or other materials acceptable to the CommUnityl DevelOpment Director, §hall be located next to the curb immediately adjacent tO the end display' parking spaCe. Said landscape islands shall have a mixture of trees,' shrubs and groundcover shall have automatic irrigation. street frontages. All p0rlJons of the property which have street frontage shall meet one of the folloWing criteria: i. A minimum of twelve feet (12') of lands~caping shall be provided, measured from the rear of the sidewalk to the display area length. and shall be surrounded by Iow growing shrubs, groundcover and tUrf; Or A minimum of' twenty feet (20') of landscaping shall be provided, measured from the rear' of the sidewalk to the display area, with display area allowed to encroach into eight feet (8') of the landscape area. a) b) Display areas shall be paved with concrete, a maximum of twenty (20) feet in length and shall be surrounded by Iow growing shrubs, groundcover and turf. The nUmber of display areas allowed shall be calculated in the fOllowing manner: 3 display spaces per 100 linear feet of street frontage. Fractional spaces (.5 and over) shall be rounded up. In~udesAmendmen~as of June 1, 1999 Chapter 17.08 - 20 m c) No display area shall be located immediately adjacent to another display area. Landscaping sliall be provided between display areas. Development adjacent to existing and proposed residential uses. All portions of the property which abut an existing or proposed residential use shall have a minimum ten foot (10') wide landscape buffer. do All other portions of the property which do not abut a street or existing or proposed residential uses shall have a minimum five foot (5') wide landscape buffer. 17.08.060 ,,LANDSCAPE REQUIREMENTS '.AND STANDARDS. A. Plant Materials. All customer parking on the site shall be clearly identified, either through special paint (i.e. curb painting) or signage and shall be subiect to the landscape requirements contained in Section 17.24.050H of the Development Code. Service bays shall not be visible from'a public street and shall be adequately screened from adjacent residential uses. Inventqry and Vehicle-in-repair si0rage ~reas on the site 'Sh~,ll be clearly identified and will not need to be internally landscaped. If they are located on the perimeter or adjacent to r~Sidential Cl~velopment or §ensitive areas theyshall be screened in the manner discussed above..(Oi'd. 96-19 §§ 2(GG)-(I!); Ord. 95-16 § 2 (parti; Ord 97-i7 § 3(C); § 10; Ord: 98-17 § 2) Landscape design and construction shall emphasize drought-tolerant materials when possible. Street trees shall be planted at a minimum of one tree pe~: thirty linear feet of street frontage~ Tree~ shall be a minimum fifteen-gallon size at the time of planting. Shrubs shall be a minimum of five gallons at the time of planting. All landscape materials shall be subject to approval by the city for appropriateness and consistency with the water efficient landscape ordinance. tnciucles Amendments as of June 1. 1999 Chapter 17.08 - 21 Bo Irrigation Requirements. All landscaped areas shall include an automation irrigation system approved by the city that provides adequate coverage and irrigation. Efficient water conservation systems such. as drip irrigation systems should be used. Property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free of weeds and debris-and maintained in a healthy, growing condition, and shall receive regular pruning, fertilizing, mowing or trimming. Landscape Design Standards. 1. Setback areas that are not used for vehicular and pedestrian access shall be landscaped. In addition, all interior courts open space areas and boundary areas that are not covered wi!h~ buildings, pavement, or other impervious surface shall be landscaped. 2. Areas proposed for development in another phase Occurring not Within six months of'th,e completiOn Of the` previbus phase 'shall b~ temp(srarilY seeded and irrigated for dust and soil erosion control. .." ' Lan'dscape d~sighS ~hal'l consider such factors as the funCtion of the landscape : ~lements, conSistencY With the building and its architectural design, Compatibility to the area, special design features, berming~ use of hardscape or nonorganic materials, drought'tOlerant plant materials for water .conservation, and Utilize.' planting (i.e., combination of shrubs, trees and climbing vines) to break up large building masses and perimeter walls and fencing. · 4. The Use or combination of berming, landscape materials, Iow level walls and structures, shall be used to screen parking areas; loading areas,'trash i e~closures, and utilities from public view. 5. lope banks five fe~t 0~ greater in verlical height With slopes between 5:1 and 2:1 shall, at a minimum, be irrigated and landscaped with an appropriate groundcover for erosion control. Slope banks five feet or greater in vertical height with slopes greater than or equal to 3:1 shall, at a minimum, be irrigated and landscaped with appropriate groundcover for erosion control and to soften their appearance as follows: i. One fifteen-gallon or larger tree per each six hundred square feet of slope area; ii. One gallon or larger shrub for each one hundred square feet of slope area; and iii. Appropriate groundcover. Includes Amendments as of June 1, 1999 Chapter 17.08 - 22 Slope banks in excess of ten feet in vertical height with slopes greater or equal to 2:1 shall also provide one five-gallon or larger tree per each one thousand square feet of slope area in addition to the requirements of subsection (C)(5)(a) of this section. All trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. Where trees are planted in pedestrian areas, a protective tree grate shall be provided. · Trees and shrubs should be planted and maintained So that they do not interfere with utilities, light standards, sight lines for traffic safety, encroach on adjacent property, or obstruct to the solar access rights of adjoining property owners. (Ord. 96-19 §§ 2 (J J) and 3(D); Ord. 95-16 § 2 (part)) 17.08.070 COMMERCIAL/OFFICFJINDUSTRIAL PERFORMANCE STANDARDS. Purpose. The purpose of this section is to provide for Uniform performance standards and criteria for the design of commercial buildings within the city in accordance with the recognition that the quality and compatibility of building design directly impacts the health, safety and welfare of the residents of the COmmunity. Moreover, quality and compatible building design promotes and preserves the stability of the city throug~ 0rderly growth and. enhancement of a quality business environment. These purpos~es are further achieved through the following: 1. The enhancement of the physical character of the community and quality of life through sound planning and coordinated development. includes Amendments as of June 1, 1999 Chapter 17.08 - 23 The balancing of aesthetic design qualities with functional development. The preservation and enhancement of the physical character, integrity and quality of commercial/office/industrial areas. 4. The enhancement and protection of property values and the. adherence to the goals and policies of the general plan. 5. The stimulation of improvements and maintenance of surrounding properties, thereby preventing and reversing the effects of urban blight. General Performance Standards. Developments in the commercial/office/industrial districts should be designed to provide variety and visual interest while still creating a unified overall image. Performance standards to achieve this image include, but are not limited to the following: 1. Use creative entry treatments with such features as canopies, awnings, cornices or atdums. 'use a vadety oi complementary colors and avoid the use gfjust one co or and dark colors. Use various window shapes and sizes. Vary the building shapes by using curved or' angled walls. Separate buildings or accessory structures should be designed as an integral part of the primary building by using complementary materials, 'common architectural elements, and special landscape design techniques; Use a consistent design theme throughout the project. Employ complementary or consistent details, shapes, materials and colors. In addition, consistent signage should be provided with complementary, colors lettering, placement and materials. The bulk o~ the 6;iiding should be divided to reduce ihe apparent scale and provide visual interest. Box-like designs should be avoided. This can be accomplished through the following: a. . Use variations in the building footprints and facades. Such variations should be proportional to the overall bulk of the buildings with variations being greater for large buildings. b. Use a variety of shapes and forms including architectural projections such as roof overhangs box windows, stairways, balconies, and cantilevers that create shadows on the buildings. c. Use contrasting vertical and horizontal elements that help to break the visual mass of the facade into smaller areas. d. Divide the bulk of the roof into smaller areas to reduce the apparent scale of the building and provide visual interest. The roof can be designed with varying heights and slopes to contrast with a fiat roof. IncJudes A~nendment~ as of June 1. 1999 Chapter 17.08 - 24 Where the character or scale is identifiable, new development should be designed to maintain that character and to be compatible with that scale. In areas where the character is not identifiable, new development should be designed 'to be complementary or consistent with desirable characteristics of the surrounding area in a way that contributes to the establishment of a positive character and scale for the area through the use of similar or complementary materials, colors, or building forms and design details. Development should be designed to minimize detrimental impacts on surrounding properties, including, but. not limited to, visual, noise, air quality and other environmental impacts. Strategies for minimizing the impacts include protecting residential areas adjacent to commercial .development through screening of circulation areas, loading areas and trash collection points or other areas that could potentially be disruptive to the residential character of the adjacent area. Commercial Development PerfOrmance Standards. 1. Circulation. Limit.egress and ingress to commercial areas to common entrance points. Orient most of the vehicular access from side.streets rather than directly from major arterial. Separate vehicular and pedestrian circulation systems, should be provided if possible. Pedestrian linkages between uses in. the commercial areas should be provided. In shopping centers, provide separate pedestrian walkways from parking areas to the major commercia[tenants. Whenever possible, Parking lots should be designed to separate vehicular circulation routes from parking aisles. 2. Architectural Design. Large buildings should be designed in such a manner toavoid excessive mass and bulk. This can be accomplished by dividing .the building form, varying the height of the roof structure and by creating offsets in the extedor walls. The lower floors of commercial structures should not have blank walls. Windows, trellises, wall articulation, and entrances can provide relief along expansive wall surfaces. Upper portions of multistory commercial structures can be stepped-back to reduce the bulk and mass of the buildings and to preserve pedestrian scale. 3. Site Planning and Design. Pedestrian .amenities in commercial developments should be provided to enhance the opportunities for pedestrian circulation and social activities. Strategies to achieve this high degree of pedestrian orientation and activity include, but are not limited to, the following: Includes Amendrnents as of June 1, 1999 Chapter 1;'.08 - 25 .D. ii. Orient the design of the buildings to the scale of pedestrian. Firs~ floor uses should be primarily retail commercial, restaurants, or public use areas. Windows and door entrances should be located on the ground floor to encourage pedestrian activity. Large expanses of uninterrupted wall surfaces should not be permitted. Provide covered or enclosed walkways between the buildings on the site. iii. Provide pedestrian plazas and sidewalks of sufficient width adjacent to buildings along with amenities such as special lightin§, interesting paving materials, landscaping.benches and other street furniture. b. Whenever possible, new structures should be clustered. This creates plazas or pedestrian malls instead of rows of commercial or "S!rip commercial." Separate structures can be linked with arcades, trellis or ~cleady defined walkway. c. Minimize conflicts between pedestrian and vehicular traffic as much as 'possible by orienting pedestrian circulation areas pa~:allel with the flow;of traffic through the parking areas. d. Loading facilities shall not be located in front of structures without screening. These facilities ara most appropriately located at the rear of the structures where screening can be minimal or not needed. e. Open space areas sh~)uld be concentrated or clustered into larger more ~ ' meaningful spaces at areas of significant activity, rather than dispersed into small areas of Iow impact or on the periphery of the site.' Compatibility. When a commercial structure is located adjacent to a residential neighborhood additional setbacks from the residentially zoned area shall be required, Multistory buildings may be stepped back to preserve the scale of the adjacent Iow dse structures. Industrial Development Performance Standards. 1. CirculatiOn. The circulation plan for an industrial development should cleady differentiate circulation plans for employees, visitors, truck traffic, loading areas and pedestrian circulation. bo Facilities should be provided, when appropriate, for access to bus routes, bus stops. Bicycle parking areas should be provided for employees. Walkways and paths should be provided opportunities for ~alking or jogging for employees. Includes Amendmenls as of June 1. 1999 Chapter 17.08- 26 2. Architectural Design. ao Long unarticulated walls should be avoided. Wall planes should not extend in a continuous direction for greater than fifty feet without an offset. b. Outstanding building and roof forms, and distinctive windows patterns. c. Blank wall elevations should be avoided on street frontages. d. Highly reflective surfaces are discouraged especially at the ground level. Wall materials should be selected that are resilient to damage from machinery. fo If ro lng shutter doors are required the doors should be mounted on the inside of the building to create an uncluttered appearance from the exterior. 3. Site Planning and Design. · Placement of structures which creates opportunities for plazas, courts,.or gardens, unch areas for employees with amenities such as ou!~0or seating and garden areas, · 'b. Design features which contribute to the design character of a project may include: ceremonial entrance ddves, enhanced viSitor parking areas, highlighted visitor entrance areas, decorative pedestrian plazas and walkways, focal landscape treatments, site scUlptures, employee recreational facilities (exercise courses, jogging Paths). In order to provide Security, lighting should be Pr°;Vided at a minimum illumination of one footcandle across parking areas and two footcandles at entrances. Lighting fixtures should be shielded to confine the spread of light to adjoining .properties. The design of the lighting fixtures should be compatible with ,the architecture of the building. Loading areas should generally not be located in the front of the building where it is difficult to adequate y screen the loading areas from public view. These areas are most appropriately located in the rear or side of the property so that the loading docks and doors are not directly in the public view. When walls or fences are necessary in the frontage of the property to conceal storage and mechanical equipment areas, walls should be architecturally treated on both sides and should be designed to complement and blend with the architectural design of the building, Long expanses of fencing or walls should be avoided unless offsets are provided, height variations, and combinations of materials are used to avoid monotony. Landscaping along the fences and at specific pockets should be provided. Includes Amen(~ments as of June 1, 1999 Chapter 17.08 - 27 ii. Screening for outdoor storage should be a minimum, of eight feet and a maximum of twelve feet high depending on the height of the material being screened. Exterior storage should be in the portions of the site least visible from public view. iii. Cha'Jn link fencing with wood or metal slatting between the links is acceptable for areas that are not visible from the street. iv. When screening is required, a combination of screening techniques may be used, including solid masonry walls, landscaped berms and landscaping. .f. Mechanical or other utility equipment shall be screened whether it is located on the roof, side of building or on the ground. The method of screening shall be architecturally integrated in terms of materials, color-and form. Roof top equipment shouldbe integrated into the design of the building. Compatibility. Where industrial uses are adjacent to nonindustrial oses, appropriate buffedng techniques such as increased setbacks, screening, berms and landscaping must .be provided to mitigate any negative .effects of industrial ~perafions. (Ord. 96-19 § 2(KK); Ord. 95-16 § 2 (part)) 17.08.080 ENVIRONMENTAL STANDARDS.. · Development projects and buildings should be designed to minimize detrimental impacts on surrounding properties, including, but not limited to,' visual, noise,., air quality and other environmental impacts. Strategies for minimizing, the impacts include p¢otecting residential areas adjacent to industrial development through screening of circulation areas, loading areas 'and trash colleCtion Points 01' 0the~ areas that could 'potentially be disruptive to the residential character of the adjacent area. A. Noise. Any existing or proposed uses which generate sounds that are or may be considered a nuisance or hazard to any adjacent property due to the intermittenCe,.beat, frequency, or shrillness of the sounds, shall have the source of the noise muffled or otherwise controlled so that the noise is subdued to acceptable levels. Construction work is exempt · from this requirement during the ped0d a valid building permit is in force. B. Particulate Matter. Any existing or proposed use shall not discharge excessive particulate matter into the atmosphere for a pedod that exceeds three minutes in any one hour. The following standards establish maximum acceptable levels: 1. Smoke. The density reading designated as Number 1 on the United States Bureau · of Mines Ringelmann Chart is the maximum acceptable level. 2. Dust, Dirt and Ash. Any level which can or may cause damage to the health of any individual, animal, or plant or physical soiling or discoloration of the surfaces of any structure or matedal which is located outside the property lines of the lot or parcel from which the particulate matter is emanating. -- Inclucles Amendments as of June 1, 1999 Chapter 17.08 - 28 Odors, Toxics and Noxious Matter. Any existing or proposed use which produces odors, toxic gases or noxious matter in such quantities as can or may be readily detectable at any point outside the property lines of the premises and when such emissions are or may become a public nuisance or hazard, the use shall be modified to prevent such releases. Vibration. Any existing or proposed use which generates vibrations that can or may be considered a nuisance or hazard on any adjacent property shall be cushioned or isolated to prevent generation of such vibrations. Glare. Any existing or proposed use that constitutes or may be considered a nuisance or hazard on any adjacent property due to emittance of excessive light or glare from mechanical or chemical processes or from reflective materials used or stored on the site shall be shielded or otherwise modified to prevent such emissions. Heat, Radiation and Electromagnetic Disturbances. Any existing or proposed use that can or may generate excessive heat, electrical disturbances or radioactive emissions that can or may be considered hazardous or a nuisance shall be shielded, contained or otherwise modified to prevent such generations, disturbances or emissions. (Ord. 95-16 § 2 (part)) 58 o£ 82 Includes A.-nenclments as of June 1, 1999 Chapter 17.08 - 29 EXHIBIT C NON-EXHAUSTIVE LIsT OF EXISTING REGULATIONS ~888-8874~3 59 o£ 87 \\TEMEC_F~ 101 \VOL 1 ~Dept~PLANNINGXSTAFFRPT~73 pA99 Development Agra-merit.doc 27 EXI:IIBIT C NOIq-EXBAUSTIVE LIST OF EXISTING REGULATIONS 6. 7. 8. General Plan The Development Code (Title 17 of the Temecula Municipal Code) The Subdivision Ordinance (Title 16 of the Temecula Municipal Code) Citywide Design Guidelines Habitat Conservation Ordinance Mount Palomar Lighting Ordinance Uniform Building Code, as locally adopted Uniform Fire Code, as locally adopted Standard Drawings for Public Works Construction \\TEM EC_FS 101WOL1 kDepis~PLANNING~TAFFRPT~ 73 PA99 Development Agreeme~doc 28 2800-0074~3 8888-8874~3 \\TEM EC_FS 101 \VOL1 ~Depts~PLANNING~STAFFRPT~73 pA99 Development A~r~m~tdoc 29 0 fl_ 0 n JEDEDIAH SMITH ROAD STORM DRAIN \\TEMEC_FS 101 \VOLI kIN-pts~PLANNINGk~TAFFICPT,273PA99 D~v¢lopmenl Agrc~'nt_doc 30 ~888-8874~3 Flooclwa~' --- EXHIBIT IF WE~ MITIGATION AREA \\TEMEC_I~ 101 \VOL 1 ~Dei~WLANNING~'FAFFRPT~273 P~ Develo~ Agre~nentdoc 31 8888-887423 II IIII I I III IIIIIIIIIIIIII IIIII ~ooo-o~ RESTAURANT I'ROmBITIoN AREA \\TEMEC_FS 101 \VOL 1 '~Dcp~sWLANNING~TAFFRPT~ 73 pA~9 Developmenl Agreement_doc 32 2888-8874~3 \\TEMEC_FS 101 \VOL I ~D~t~PLANN ING~TAFFRPT~73 pA99 Dcvclopm~n! Agr~m~doc 2888-887423 Reoor~j requested by and when ~ i~i,~nmail to: P.O. Box 9033 Exempt from Recuffiing Fee per Govt. Ctx~ Sec. 27383 Cily of Temeo_ J~ A.P.N: 950.110-022 (Space above ~h/s//ne f~' Recorders DOCUMENTARY TRANSFER TAX IS NONE. Pubic ,,~nc7 exempt Revenue and TaxaOon Code Sec~n ~ f922 LICENSE AGREEMENT ~The CITY OF TEMECULA, a municipal Corporation, hereinai~er referred to as '~2ity" and, Psis Rainbow~ LLC 'hereinaf[er referred to as "Grantor" hereby agree as follows: - 1. The right is hereby granted to City Or City's designee, contractor or subcontractor to enter upon and use the real property of Grantor in the City of Temeeula, State of California, described as foll6ws: Being portions of the Teme~Ula Rancho, An the Count~ of R/versicle, State Of Califronia, which Rancho was patented to Luis Vignes b~ patent recorded in Book 1, Page 37 of Patents, An the office of the Count~ Recorder of San Diego ' CountF, Califronia, also being a ~ortion of Parcel 43 as descr/~ed in deed to Kacor Realty, Inc. recorded Sept~-~er 29, 1977, &B InStrument No. 192314 on file in the office of the Count~ Recorder of said R/versicle County. For all purposes necessary and convenient to facilitate and accomplish the construction and maintenance of the wetland creation area described further as Parcel "B" of Order of Possession, Case No: 315426, Superior Court of the State of California for the County of Riverside filed July 24, 1998. A thiee- (3)'day written notice shall be given to Grantor prior to using the rights herein granted. The term of this agreement shall be five- (5) years 1Sore the date of said notice; or acceptance of the wetland creation area by the U.S. Army Corps of Engineers and California Department of Fish and Game, whichever is less. It is agreed that the City shall enter upon Grantors property where appropriate, or designated by the Grantor, for the purpose of getting construction and maintenance equipment, and a temporary water service to and fi.om the wetland creation area. City agrees to use reasonable care on Grantor's property, in the process of performing such activities. 1 of 3 The right to enter upon and use Grantors property includes the right to remove and dispose bf real' and personal property located thereon. Grantor reserves the right to remove salvageable real and personal property on or before the expiration of the three- (3) day notice. At the termination of the period of use of Grantors property by City, but before its relinquishmem to Grantor, 'debris generated by City's use will be removed and the surface will be graded and left in a neat condition. Each party hereby indemnifies and saves the other parties harmless from any and all liability, damage, expense, causes of action, suits, claims, liens, or judgements arising fi'om injury to person or property and occurring on its own parcel unless caused by the act or neglect of any other party hereto and any liens arising from construction or maintenance. 5. Grantor hereby warrants that he/she is the owner of said property descn'oed above and'that be/she has the fight to grant City permission to enter upon and use the property. 6. This agreement is the result o?negotiati~ns between the parties hereto. ~This agreement is intended by the parties as a fina! expression of their understanding with respect to the matters herein and is a complete and exclusive statement of the te, ms and conditions thereof. 7. This agreement shall not be changed,.modified, or am~ ded except upon the Written consent of the parties herL'to.- 8. This agtzemem supersedes any and all other prior agreements or unde/~'tanding, oral o? written, in connection therewith except for that certain agreement emitled. 9. Grantor, his assigns and successors in interest, shall be bound by all the terms a,~l conditions contained in this agreement and all the parties thereto shall be jointly and severally liable thereunder. I0. The rights and 'obligations as deSCribed herein shall create mutual benefits and servitude upon the parcels running with the land. This agreement shall bind and inure to the benefit of the parties hereto, their ~s-3~ective heir, representatives, tenants, successors and/or assJ~ .~rt~. and shall bind every, person having any fee, leasehold, or other interest in a parcel, to the extent tlTmt covenant proVlSi6ns apply to the parcel. IN WITNEss'THEREOF, these presents have executed this instrument this day of ,19 Signature Signature Print Name 2 of 3 2888-8874~3 Print Name STATE OF CALIFORNIA} SS. COUNTY OF RIVERSIDE} On , before me the undersigned, a Notary Public in and for the State of California, personally. appeared WITNESS my hand and official seal. Signature 3 of 3 2888-887423 EASEMENT QU1T~ CALIM . \\TEMEC_FS 101WOL I',Dep~PLAN]qlN GXSTAFFRIrI~ 73 pA~9 Developmenl Agr~eme~_ doc 34 Robert Bein, William Frost & Associates 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" Revised August 18, 1999 March 24, 1999 JN 15-100053- MI Page 1 of 1 Legal Description Pala Road Vacation That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Pala Road as described in Strip i and Cupcno Lane as described in Strip 3.of an easement deed recorded May 16, 1990 as Instrument No. 180581 of Official Records in the Office of the County Recorder of said Riverside County: bounded on the North by the southerly line of State Highway 79 as shown on Tract No; 20319 filed in Book 181, Pages 54 through 58 of Maps in said Office of the Riverside County Recorde. r; bounded on the West by a curve having a radius of 933.00 feet and being concentric with a~d 12.00 feet easterly from a curve in the easterly line of Pala Road as describedin Parcel "A" of an Order of Possession fried July 24, 1998 as Case No. 315426 in the Superior Court of. the State of California for the County of Riverside; and bounded on the 'South by the following described line: COMMENCING at GPS Station pINYON 1 as shown on a map filed in B°°k 102, Pages 50 through 65 of Records of Surveys in said Office of the Riverside County Recorder, said Station having coordinates of N 2166428.3493 and E 6498294.9778 based on the California State Plane Coordinate System, Nad 83, EPoch 1995.5; thence South 76°30'20.89" West 210,105.87 feet to'the TRUE POINT OF BEGINNING; thence North 80°49'34# West 92.79 feet; thence South 78°06'16" West 70.41 feet to a Point on a curve in the westerly line of said Pala Road (110.00 feet wide) as described in said Strip 1, said cu~e being ' concave easterly and having a radius of 1055.00 feet. RESERVING therefrom an easement for slope purposes over that portion included within Parcel "M" of said Order of Possession filed July 24, 1998. CONTAINING: 0.966 Acres, .more or less. EXHIBIT~dattached and by this reference made a part hereof. My license expires 3/31/02. )O 0 100 200 300 POC PINYON 1 2166428.3493 GRAPHIC SCALE IN FEET .................. 6498294.g~778~ S72 58 0,.46 E 510562.00 (GRID) 2257598.5576 LAKE 6201555.29t9 MATHEWS .......OIL STATE Hi GH~AY pER 'TRAC'T NO. 2.0519 I(R) x 79 DATA TABLE 0 1 2 3 4 N66'26'34"W -- 51.45' 05~O8'O6" 1055.00' 94.55' S78'06'16"W -- 70.41' NSO'49'34"W -- 92.79' 21'50'56" 945.00' 560.36' N09'04'46"W -- 12.15' N79*Ol'41"E -- 2.75' 05'54'44" 1571.00' 107.27' NO9'O4'46"W -- I2.18' 07'49'27" 1055;00' 144.07' N24'O7'25"E -- 53.09' NTO'lO'lg"E -- 20.84' 03'44'23" 953.00' 60.90' N70'10'19"£ -- 10.48' KHIBII "U" PALA ROAD VACATION PREPARED UNDER TI~ SUPERVISION RAYMO~ L. MATHE, L.S. 6185 EXPIRES 3-31-02 PALA ROAD PER STRIP 1, iNST. NO, 180581 oO.R. (.5-16-90) CUPENO LANE'PER STRIP 5.1NST. NO. 180581,0.R. SHEET 1 OF 1 SHEET 15100053-M1. :VISED 8/18/99 I SC~E ~Y 24, 1999I SCALE: 1"=100' EXHIBIT M-2 EASEMENT QUIT CLA~ (PALA ROAD VACATION) \~TEMEC_FS 101 ~VOLI'~DqazLOLANN ING~T~73 pA99 l~velopment AgreengnL doc 35 ~888-8874~3 76 ot 87 Robert Bein, William Frost & Associates 27555 Ynez Road, Suite 400 Temecula, CA 9259'1 Revised August 18, 1999 May 24, 1999 JN 15-100053- M2 Page 1 of 2 EXHIBIT "A" Legal Description Pala Road/Cupeno Lane Vacation That certain parcel of land situated in the City of Temecula. County of Riverside, State of California, being those portions of Pain Road and Cupeno L~ne: bounded on the North by the southerly line of State Highway 79 as shown on Tract No. 20319 filed in Book 181, Pages 54 through 58 .of Maps in the Office of the County Recorder of said Riverside County;, bounded on the West by the easterly line of said Tract No. 20319; bounded on the South by the northerly line of Capeno Lane (60.00 feet wide)'as depicted on Exhibit"B" for Parcel"D' of an Order of Possession filed July 24,1998 as Case No. 315426. . in the Superior Court of the ' State of California for the County 0f Riverside; b0Und~d 0n the NOrtheast by a line parallel with and 12.00 feet southwesterly from a line shown as "North 54°19'31'' West 99.02 feet" in Parcel "J" of said Order of Possession; and bounded on the general easterly side by the following described line: BEGINNING at the intersection of said parallel line with a curve in the easterly line of Pala Road concave easterly and having a radius of 220.92 feet as shown on a map fried in Book 54, Pages 89 and 90 of Records of Surveys in said Office of the Riverside County Recorder, a radial line of said curve from said point bears South 6 l~32'52"East; thence along said curve southerly 211.36 feet through a central angle of 54°48'59" to the northerly line of Cupeno Lane (60.00 feet wide) as described in Strip 3 of a document recorded May 16, 1990 as Instrument No. 180581 of Official Records in said Office of Riverside County Recorder; Thence along said northerly line North 70°10'19" East 78.33 feet; thence South 16°31'19'' West 14.59 feet to said northerly line of Cupeno Lane (60.00 feet wide) as depicted on Exhibit "B" of Parcel ' .... ' · D of sa~d Order of Possession and THE POINT OF TERMINATION of the described line. Legal Description Pala Road/Cupeno Lane Vacation Rev/sed August 18, 1999 May 24, 1999 JN 15-100053-M2 Page 2 of 2 RESERVING therefrom an easement for slope purposes over that portion included within Cnpeno Lane (60.00 feet wide) as described in said Strip 3 of a document recorded May 16, 1990 as Instrument No. 180581 of Official Records. ALSO, RESERVING therefrom an easement for slope purposes over that portion included within said Parcel of sand Order of Possession filed July 24, 1998. CONTAINING: 1.570 Gross Acres EXHIBIT "B' attached and by this reference made a part hereof. a~ond L Mathe, P.L.S. 6185 ' My license expires 3/31/02. 100 0 100 200 ~O0 GRAPH,S SCALE IN FEET / ~R) (9 /C/L SO3'l?'13"W (R) STATE HIGHWAY ~ER TRACT NO. 20319 "N54'19'31"W '~ ~)PALA ROAD PER PO-. 4 INST. NO. 91436,0.R. (7-12-75) (~PALA ROAD PER PCL. 5 INST. NO. 91456,0.R. (7-12-73) (~PALA ROAD PER IRS 54/69-90 ~)PORTION Of- STRIP INST. NO. 180~81,0.R.' (5~16-90) DATA TABLE BRNG/DELTA RADIUS LENGTH 06'56'52" 1571.00' 190.50' S54'17'24"E -- 92.12' 54'48'59" 220.92' 211.56' N70'IO'19"E -- 78.33' S16'31't9"W -- 14.59' 1!'O9'12" 2~0.00' 52.56' S74'54'48"W -- 169.45' 62'48'46" 305.00' 334.37' NOS'43'36"E -- 36.71' TOTAL PARCEL:1.570 ACRES PREPA~EO~ER THE[ S~ON OF: ,~[YMOND L. MATHE, L.S. 6185 EXPIRES 5-51-02 EXHIBIT "B" PALA ROAD/CUPENO LANE VACATION SHEET 1 OF 1 SHEET MAY 24, 1999 _--_-ALE: 1"=100' O0053-M2 EXHIBIT M~3 OWNER'S PURCI~SE OF ~ OF TEMECUI~ REg. J., PROPERTY Robert Bein, William Frost & Associates 27555 Ynez Road, Suite 400 Temecula. CA 92591 Revised September 14, 1999 May 24, 1999 JN 15-100053- M3 Page 1 of 1 EXHIBIT "A" Legal Description Pala Road Quitclaim That certain parcel of land situated in the City. of Temecula, County of Riverside, State of California, being those portions of Pala Road: bounded on the North by the southerly line of State Highway 79 as shown on Tract No. 20319 filed in Book 181, Pages 54 through 58 of Maps in the Office of the County Recorder of said Riverside County; bounded on the West by the easterly line of said Tract No. 20319; bounded on the South by the northerly line of Cupeno Lane (60.00 feet wide) as depicted on Exhibit "B" for Parcel "D' of an Ordeg. of Possession filed July 24, 1998 as Case ~o. 315426 in the Superior Court of the State of California for the County of Riverside; bounded on the Northeast by a line parallel with and 12.00 feet southwesterly.from a line shown as "North 54°1931'~ West 99.02 feet" in Parcel "J" of said Order of p°Ssessio~; and bounde~l on the East by a curve in th~ easterly line of Pala Road, concave easterly and having a radius of 220.92 feet as shown on a map filed in Book 54, Pages 89 and 90 of Records of Surveys in said Office of the Riverside County Recorder. RESERVING therefrom an easement for slope purposes over that portion included within Cupeno Lane (60.00 feet wide) as described in Strip 3 of a document recorded May 161 1990 as Instrument No. 180581 in said Office of Riverside County Recorder. ALSO, RESERVING therefrom an easement for slope purposes over that portmn within said Parcel "J" of said Order of Possession filed July 24, 1998. CONTAINING: i.549 Gross Acres 0.644 Acres in Area "A" per Exhibit "B" 0.905 Acres in Area "B" per Exhibit "B" EXHIBIT "B" attached and by this reference made a part hereof. a~ond L. Mathe, P.L.S. 6185 My license expires 3/31/02. No. 6185 ~880-8074~3 100 0 '00 200 ~0 GRAPHIC E£ALE iN FEET C/L NlO'14'OS"E ~-' (R) STATE HIGHWAY 79 PER TRACT NO. 2031g~ __N54'lg'31"W 99.02' PER PCL."J" OF SUPERIOR COURT CASE NO. 315426. I~IINDICATES PORTION OF ROAD EASEMENT PER STRIP 3' OF' NO. ~805a~ O.R. REC. 5/~6/90 .. 0.1% DATA TABLE N54'I7'24"W -- g2.12' '57'45'22" 220.92' 222.69' N74'54'4§"E -- 153,74' 62'48'46" 305.00' 334.37' NOB'43'36"E -- 36.71' 06'56'52" 1571.00' 190.50' TOTAL PARCEL:I .549 ACRES AREA <~ :0.644 ACRES AREA (~ =O.905 ACRES EXHIBIT "B" PALA ROAD OU! TCLA ! M REVISEO 9/14/99 J MAY 24, 1999 PREPARED UN. DER THE SUPE~,~ OF: R~roI~D,.~ MATHE. L.S. 61B~ EXPIRES 3-31-02 SHEET 1 OF 1 SHEET Robert Bei~William £~'ost & Associates ~CAI_E I FIELD e~ I ~ m. SCALE: 1 "= I00' 1510~53-~3 E ADDITIONAL PALA ROAD RIGHT-OF-WAY \\TEMEC_FSI01\VOLI~t~s~PLAIqNING~TAFFRIYF~73PA99 Development Agr~mentdoc 37 2888-887423 Robert Bein, William Frost & Associates 27555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" August 18, 1999 J.N. 15-100053-M4 Page 1 of 3 Legal Description Pala Road Right of Way Those certain parcels of land situated in the City of Temecula, County of Riverside, State of California, being those portions of the Temecula Rancho patented to Luis Vignes by patent recorded in Book 1, Page 37 of Patents in the Office of the County Recorder of San Diego County, California, described as follows: Parcel 1 BEGINNING at the most northwesterly corner of Parcel "B" as described in an Order of Possession filed July 24, 1998 as Case No. 315426 in the Superior Court of the State of California for the County of Riverside; thence along the southwesterly line of said Parcel "B", the westerly line of Parcel "A" of said Case No. 315426 and the northwesterly line of Parcel "F" of said Case No. 315426 through the follbwing courses: South 54°17'24'' East 99.02 feet to a point on a non-tangent curve concave easterly and having a radius of 1055.00 feet, a radial line of said curve from said point bears North 72°43'51" East; thence along said curve sOfitherly 160.85 feet through a central angle of 08°44109"; thence non-tangent from said curve South 17°35'51'' West 19.13 feet to the northerly line of Cupeno Lane (60.00 feet wide) as described in Strip 3 of a document recorded May 16, 1990 as Instrument No. 180581 of Official Records in the Office of the County Recorder of said Riverside County; thence leaving said northwesterly line of Parcel "F", along said northerly tine of Cupeno Lane South 70°10'19" West 11.91 feet; thence North 16°31'19'' East 19.28 feet to a point on a non-tangent curve concentricwith said curve in the westerly line of said Parcel "A" and having a radius of 1067.00 feet, a radial line of said curve from said point bears North 63059'32'' East; 84 of 87 Legal Description Pala Road Right of Way i August 18, 1999' JN 15-100053~M4 Page 2 of 3 thence along said curve northerly 157.02 feet through a central angle of 08~25'54" to a line parallel with and 12.00 feet southwesterly from said southwesterly line of Parcel "B,'- thence non-tangent from said curve, along said parallel line North 54°17'24" West 113.61 feet to a point on a non-tangent curve in the southerly line of State Highway 79 as shown on Tract No. 20319 filed in Book 181, Pages 54 through 58 of Maps in said Office of the Riverside County Recorder, a radial line of said curve from said point bears North 03°17'13" East; thence along said curve and southerly line easterly 22.13 feet through a central angle of 00048'26'' to the POINT OF BEGINNING. CONTAINING: 3370 square feet, more or less. Parcel 2 BEGINNING at the most northeasterly corner of Parcel "C".. 9s described in an Order,of Possession filed July 24, 1998 as Case No. 315426 in the Superior Court of.the State of. California for the CoUnty of Riverside; thence along the southeasterly line of said Parcel "C"and the easterly line of Parcel "A" of said Case No. 315426 through the following courses: South 34*26,46" West 71.98 feet to a point on a non-tangent curve concave, easterly and having a radius of 945.00 feet, a ?adial line of said curve from said point bears North 71~01'17" EaSt: thence along said curve southerly 438.79 feet through a central angle of 26°36'15'' to a point on a non-tangent curve in the easterly line of Pala Rd. (110.00 feet wide) as described in Strip 1 of a document recorded May 16, 1990 as Instrument No. 180581 of Official Records in said Office of the Riverside County Recorder, a radial line,of said curve from said point bears North 56.21'27" East; thence leaving said easterly line of Parcel ;'A", along said curve and easterly line of Pala Road as described in Strip 1 northerly 58.75 feet through a central angle of 03°11'27" to a point on a non-tangent curve concentric with said curve in the easterly line of Parcel "A" and.having a radius of 933.00 feet, a radial line of said curve from said point bears North 47~55'37" East; thence along a line parallel and/or concentric with and 12.00 feet easterly from said easterly · line of Parcel "A' and southeasterly line of Parcel "C" through the following courses: along said curve northerly 370.04 feet through a central angle of 22°43'28"; J e~.al Description Pala Road Right of Way August 18, 1999 JN 15-100053-M4 Page 3 of 3 thence non-tangent from said curve North 34°26'46'' East 76.29 feet to a point on a non-tangent curve in the southerly line of State Hi,way 79 as shown on Tract No. 20319 filed in Book 181, Pages 54 through 58 of Maps in said Office of the Riverside County Recorder, a radial line of said curve from said point bears North 06040'45'' West; thence leaving said parallel line, along said curve and southerly line westerly 15.86 feet through a central angle of 00034'43'' to the POINT OF BEGINNING. CONTMNING: 5744 square feet, more or less. SUBJECT TO all covenants, rights, h~ts-of-way and easements of record. EXHIBIT "B" attached and by this reference made a Part hereof. '~~Mathe, PLS 6185 My License Expires 03/31/02 100 6201;355.2919 MATHEWS C/L PO8 / PO~ · PLC. 2 N72f 43' 5_~ "E 0 t00 300 J PINYON I 2166428.3~g3 · ~ 6498294.9718 GRAPHIC SCAL~ 1N FEET ................ :- ~Y2'58'Ol.a6"E 310562.00 (GRID) ~ 225739~.5576 L!~KE · PARCEIJ 3370 SQ. FT. STATE HIGHWAY 79 PER TRACT NO. 20319 DATA TABLE ~). BRNG/OELTA RADIUS LENGTH 1 S54'17'24"E -- 99.02' '2 08'44'09' 1055.00' 160.85' 3 S17'35'51'W -- 19.13' 4 S70°10'19"w -- 11,91' 5 N16°31'19"£ -- 19.28' 6 08°25'44" 1067.00' 157,02' 7 N54'lT'24"W -- 113.61' 8 00'48'26" 1571.00' 22.13' PREPARED UNDF_..~R ~L. MATHE. L.$. 6185 EXPIRES 3-31-02 9 S34'26'46"W -- 71.98' 10 26'36'15" 945.00' 438.79' 11 03°11'27" 1055.00' 58.75' 12 22'43'28" 933.00' 370.04' 13 N34'26'46"E -- 76.29' 14 00'54'43" 1571.00' 15.86' EXHIBIT "B" PALA ROAD RIGHT OF WAY AUGUST 18, 1999 PALA ROAD PER STRIP 1. INST. NO. 180581,0.R. (5-16-90) CUPENO LANE PER STRIP 3. INST. NO. 180581,0.R. (5-16-90) SHEET 1 OF 1 SHEET SCALE: t"=100' 15100053-M4 ATTACHMENT NO. 4 TENTATIVE PARCEL MAP NO. 30180 R:~DESIGN GUIDELINES\PA02-0340 Rainbow Canyon Design Guidelines\Staff Report.doc 0 ,I ATrACHMENT NO. 3 FEBRUARY 19, 2003 HEARING MINUTES R:'~DESIGN GUIDELINES\PA02-0340 Rainbow Canyon Design Guidelines~2nd Staff Report.doc PC RESOLUTION NO. 2003-~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02-0340, A COMPREHENSIVE LAND USE PLAN TO ESTABLISH GUIDELINES AND CRITERIA FOR THE FUTURE DEVELOPMENT OF A RETAIUCOMMERClAL SHOPPING COMPLEX ON A 14.3 ACRE SITE. THE SITE IS GENERALLY LOCATED AT THE SOUTHEAST AND SOUTHWEST CORNERS OF STATE HIGHWAY 79 SOUTH AND PECHANGA PARKWAY ALSO KNOWN AS ASSESSORS PARCEL NOS. 961-010-001,004 &O05. By way of overhead maps, Associate Planner Harris presented the staff report (of record), highlighting the location of the site, the previously adopted Development Agreement (DA), the proposal to create guidelines and criteria in order for the future projects on site to be processed via an Administrative Development Plan, the 14 individuals sites on the parcel, the buildings' proposed frontage onto the driveway, the three access points, the two architectural styles, the architectural enhancements, the color schemes, the signage plan, the landscaping plans, the business association which would oversee the landscape maintenance on the parkways, slopes, entry statements and all common areas; noted the staff recommended added conditions, as follows: that the buildings be required to add either real or spandrel glass along the street elevations for visual interest, that the freestanding signs have architectural elements on all sides of the sign, requiring that street addresses be incorporated into each sign, and that the actual sign standards of the Development Code be incorporated into the comprehensive Land Use Plan; relayed that one of the conditions of the approved parcel map was lhat the parkways along Pechanga Parkway and Highway 79 (South) be installed prior to the occupancy of the first building on the property, advising that staff was also recommending that the major entry statements at the corners at Pechanga Parkway and Highway 79 (South) be installed at the time that either one of those property comers were developed and that the minor entry statements be installed on both sides of the driveway at such time as the first abutting lot is developed; and noted the requirement that the rear slope along the southern property perimeter be installed prior to occupancy of the 1st building permit. In response to Commissioner Olhasso and Telesio, Associate Planner Hards advised that there was no rendering for the major tenant, that the represented elements in the guidelines would be required to be incorporated on all the buildings regardless of size; and for Commissioner Oihasso, relayed that the individuaI projects would need to get approval via the Planning Department. For clarification, Assistant City Attomey Curley relayed that this proposal was undergirded by a DA, advising that the developed proposal was of derivative from the DA, and that the intended goal of this program was to streamline the projects as was done with the mall stores. For Chairman Chiniaeff, Associate Planner Harris confirmed that there would be CC&Rs for the property. R: PlanComnVm[nutes/021903 12 Referencing Exhibit I and page 6 of the Design Guidelines, Commissioner Mathewson relayed that he would be opposed to metal canopies being installed over the pump islands, recommending that the language be strengthened with respect to the roof treatments for the service stations. Mr. Brook Mords, representing the applicant, provided an overview of the Design Guidelines and criteria, noting the goal to create a unique project style with visually pleasing features, relaying the two amhitactural styles, the alternatives in the color scheme, the colored renderings of each of the elevations of each type of building, the requirement for each building to incorporate the enhanced articulation elements (i.e., stone treatment, cornices element, tile materials) into each building, advising that the efforts with respect to the proposal was to ensure a good final product; for Commissioner Mathewson, relayed that the language which he referenced where metal roofing could be utilized could be deleted, advising that as the proposal evolved, the permitted materials have changed; for Chairman Chiniaeff, relayed that the project would be much less intense than was allowed with an approximate eighteen percent (18%) lot coverage in lieu of the approximate thirty percent (30%) permitted; noted the location of the 12' block wall in the vicinity of Pechanga Parkway/Highway 79 (South) which would aid in screening the project from the residents in this area, as well as the landscaping; confirmed that a gas station would be permitted on the east corner but not on the residential side of the project; and provided additional information regarding the right-of- way and mar slope landscaping, the signal installation, and the access points. For Commissioner O[hasso, Deputy Director of Public Works Parks relayed that the median project was not pad of the requirements for this project, noting the monies which would be used for that project; and for Chairman Chiniaeff, relayed that at this point them were no partial medians planned as part of that particular median project. Commissioner Guerdero relayed a desire for a more dramatic monument/entry treatment (i.e., a water treatment) welcoming people to Temecula since them was no element as such in the southern pad of town; and suggested that the City and the applicant jointly participate in cmafing a unique element at this location. In response to Commissioner Guerriero's comments regarding the monument treatment, Mr. Morris noted the maintenance issues associated with water treatments, advising that he was open to recommendations. Commissioner Mathewson noted that an enhanced monument treatment would not need to be a water treatment, suggesting that this location would be an appropriate place for art in a public place. For Chairman Chiniaeff, Mr. Morris relayed that with respect to the landscaping there would be Master CC&Rs on the property, there were lien rights if the proper~y was not maintained, advising that typically the manager installed all the landscaping (with the exception of the perimeter area adjacent to the buildings) and then the individuals were billed; and relayed that there would be master maintenance of all the parking lot, parkway, and slope landscaping. For Commissioner Mathewson, Mr. Morris relayed that the building setbacks would vary, Director of Planning Ubnoske advising that staff would investigate and add language to the Design Guidelines to restrict the development of one long linear structure along the street frontage in lieu of four or five buildings. Mr. Morris relayed that he would not be opposed to the restriction of the development of a 250' building on the street, 1:)ut that he R: P[anCocnm/minutes/021903 13 could not agree to restricting the building length below 80' or 125' due to that being in the range of a buildable size. For Chairman Chiniaeff and Commissioner Mathewson, Mr, Mords relayed that the building layout was such that the front of the buildings would face the internal ddveway road, confirming that there would be glass treatments on the street elevations; and for Commissioner Guerriero, relayed that there would be seating areas, entries with trellis, and enhanced paving which could also be implemented into the seating areas, noting areas which would be appropriate for seating elements, In response to Commissioner Olhasso, Mr. Morris noted that the photo depictions were included in the exhibits as examples since the applicant assumed that existing projects in Temecula would have elements pleasing to the Planning Commission since these projects were approved by the Commission, advising that the applicant would be willing to remove any photograph examples that the Planning Commission would recommend deleting; with respect to the "Wine Country' architectural style, relayed that this style was more rustic than the Mediterranean style with an antiquated appearance; and referencing Exhibit Fl, noted the stone treatments, the trellis elements, the raised border treatments, relaying that these particular detailed treatmenls tie into the "VVine Country" theme. Mr. Mark Broderick, 45501 Clubhouse Drive, spoke in opposition of the project, noting his concern regarding the dangers associated with the proposed access and egress points and the heavy traffic existing in this area; and suggested that the developer deed this property over to the City, a monument be constructed, and citizens' lives be saved. in response to Chairman Chiniaeff, Mr. Morris relayed that the driveways have been approved in the traffic study, providing additional information regarding access to the site. Deputy Director of Public Works Parks contirmed that these points were reviewed with Caltrans, noting that the City and the developer have been working with Caltrans, which has resulted in the right-in only driveway. Chairman Chiniaeff commented on the proposal, while noting his pleasure with the proposal for the buildings to face inward, relayed that the Design Guidelines were not specific enough to ensure unique high-end products. Commissioner Telesio noted that the materials denoted were adequate, but that the guidelines lacked the specificity to provide assurance regarding what the finished product would be. Commissioner OIhasso noted that she would not be comfortable until she had more details regarding the appearance of the major tenant. Commissioner Mathewson queried what changes the Planning Commission could affect in light of the existing DA. In response, Director of Planning Ubnoske noted that the Planning Commission had complete discretion regarding the Design Guidelines, confirming that per the DA, the individual projects would be reviewed at a staff level. Concurring with Commissioner Olhasso, Commissioner Mathewson relayed his discomfort with inclusion of some of the photograph exhibits, noting the inconsistencies when compared to the renderings. R: PlanComm/minut es~021903 14 Director of Planning Ubnoske suggested deleting the photograph exhibits, and that in lieu of the photos there be actual architectural details, e.g., cornices, window, and railing treatments. Commissioner Mathewson recommended that the guidelines be more specific as to what encompassed a Mediterranean style. Chairman Chiniaeff relayed that different photographs of exemplary architecture could be included with specific denotations regarding which treatment was being represented (i.e., specific call-outs). Concurring with Chairman Chiniaeff. Commissioner Olhasso relayed that the ~applicant should not limit photographs to pictures of Temecula, the Planning Commission suggesting that the applicant visit cities such as Palm Desert, Newport, Carmel Mountain Ranch, Ranch Santa Fa, and Del Mar. Commissioner Olhasso advised that Temecula was continuing to raise the bar with respect to amhitectural expectations. Echoing Commissioner Olhasso's comments, Chairman Chiniaeff relayed that the guidelines should address the mass of the large buildings, advising that while the Planning Commission would no longer accept an architectural plan similar to the Cosco building (neither the old building or the new one), that the new Kohl's building in the Redhawk area had architectural details on the back of the building which were pleasing. Recapitulating the Planning Commission comments for clarification, Director of Planning Ubnoske relayed the following: the Planning Commission was recommending that additional language be added to the guidelines which would address breaking up the linear line of the buildings, that spedficity be added regarding the Mediterranean style, that there be provision of a rendering of a typical seating area, that an elevation for a major tenant be provided, that the existing photographs be removed and be either replaced with new photographs, that there be call-outs regarding the specific treatment being represented in the photograph, or that actual amhitectural elements be added, and that the metal material be prohibited from being utilized for roofing, in particular on service stations; and clarified that the CUP projects within this parcel would be reviewed at a Director's Hearing, and not at the Planning Commission level. Chairman Chiniaeff echoed Commissioner Guerriero's previous comments, noting that since this site was a gateway project to Temecula that there be a pleasing monument treatment included in the proposal, and that the buffering standards be strengthened between the commercial and the residential area. MOTION: Commissioner Olhasso moved to continue this matter to the March 19, 2003 Planning Commission meeting. The motion was seconded by Commissioner Telesio. (Ultimately this motion passed; see page For clarification for the applicant, Commissioner Telesio relayed that if it was the applicant's understanding that existing development in the City of Temecula was the level of design the Planning Commission would approve, advised that the existing development was primarily approved by the County, that the bar had been raised with respect to design standards in the City of Temecula, and recommended that the applicant visit previously recommended cities in order to incorporate unique elements. R: P[anComm/minutes/021903 15 Referencing Exhibit El, Commissioner Mathewson noted that the photographs provided as Mediterranean Design features did not specify which features were being called out, recommending that there be additional specificity. At this time voice vote was taken regarding the motion reflecting unanimous approval. COMMISSIONER'S REPORTS Commending staff, Commissioner Olhasso applauded the architectural work completed on the KB Homes Project in Crowne Hill. Commissioner Guerriero relayed that the tree planters in the sidewalk area at the Cosco site had been cemented in. Director of Planning Ubnoske advised that staff would address this matter. PLANNING DIRECTOR'S REPORT Referencing the Development Review Process Report, which had been provided to the Planning Commission, Director of Planning Ubnoske provided a general overview of the process, advising that the revised process was working well. ADJOURNMENT At 9:46 P.M. Chairman Chiniaeff formally adjourned this meeting to the next reqular meeting to be held on Wednesday, March 5, 2003 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. Chairman Debbie Ubnoske, Director of Planning R: PlanC~na'~m[nutes/021903 16 ITEM #4 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION May 7, 2003 Planning Application Nos. PA02-0623 (Tentative Tract Map No. 30669), PA02-0648 Tentative Tract Map No. 30668), PA02-0673 (Tentative Tract Map No. 30667), PA02-0674 (Tentative Tract Map No. 31053) Prepared By: Matthew Harris, Associate Planner ADOPT a Notice of Exemption based on the Determination of Consistency for which an Environmental Impact Report (EIR) was previously certified pursuant to CEQA Guidelines Section 15162. ADOPT Resolutions entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0623, TENTATIVE TRACT MAP NO. 30669 SUBDIVIDING PORTIONS OF PLANNING AREAS 2 AND 3 OF THE HARVESTON SPECIFIC PLAN INTO 195 SINGLE-FAMILY LOTS AND 10 OPEN SPACE LOTS FOR LENNAR COMMUNITIES ON 31.3 VACANT ACRES. GENERALLY LOCATED SOUTH OF HARVESTON DRIVE AND EAST OF YNEZ, KNOWN AS PORTIONS OF ASSESSORS PARCEL NOS. 911-180-002, 003, 004 & 015. PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0648, TENTATIVE TRACT MAP NO. 30668 SUBDIVIDING A PORTION OF PLANNING AREA 2 OF THE HARVESTON SPECIFIC PLAN INTO 100 SINGLE-FAMILY LOTS AND 5 OPEN SPACE LOTS FOR LENNAR COMMUNITIES ON 18.3 VACANT ACRES. GENERALLY LOCATED NORTH OF HARVESTON DRIVE AND EAST OF YNEZ, KNOWN AS PORTIONS OF ASSESSORS PARCEL NOS. 911-180-002, 003, 004 & 015. R:\S P~Harveston SP~02-0674 - TI'M 31053\Staff Report and COAs.doc PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0673, TENTATIVE TRACT MAP NO. 30667 SUBDIVIDING A PORTION OF PLANNING AREA I OF THE HARVESTON SPECIFIC PLAN INTO 171 SINGLE-FAMILY LOTS AND 11 OPEN SPACE LOTS FOR LENNAR COMMUNITIES ON 40.5 VACANT ACRES. GENERALLY LOCATED SOUTH OF HARVESTON DRIVE AND WEST OF MARGARITA ROAD, KNOWN AS PORTIONS OF ASSESSORS PARCEL NOS. 911-180-002, 003, 004 & 015. PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 02- 0674, TENTATIVE TRACT MAP NO. 31053 SUBDIVIDING A PORTION OF PLANNING AREA 8 OF THE HARVESTON SPECIFIC PLAN INTO 198 SINGLE-FAMILY LOTS AND 15 OPEN SPACE LOTS FOR LENNAR COMMUNITIES ON 34.3 VACANT ACRES. GENERALLY LOCATED NORTH OF YNEZ BETWEEN DATE STREET AND HARVESTON DRIVE, KNOWN AS PORTIONS OF ASSESSORS PARCEL NOS. 916-170-006, 910-120-003 & 008, 910-110-013. APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: GENERAL PLAN DESIGNATION: EXISTING LAND USE: Lennar Communities A proposal to subdivide portions of Planning Areas 1, 2, 3, and 8 of the Harveston Specific Plan into 664 dwelling units. North of Winchester Road and west of Margarita Road Harveston Specific Plan (SP-13) North: Harveston Specific Plan (SP-13) South: Community Commercial (CC) East: Harveston Specific Plan (SP-13) West: Light Industrial (LI) Low Medium, Medium Density 1 & Medium Density 2 Vacant R:\S PXHarveston S~02-0674 - ~ 31053\Staff Report and COAs.doc 2 SURROUNDING LAND USES: North: Residential South: Commercial East: Residential West: Commercial/Industrial BACKGROUND On August 14, 2001, the City Council certified the Final Environmental Impact Report and approved PA00-0189 (Environmental Impact Report), PA00-0419 (General Plan Amendment), PA99-0481 (Harveston Specific Plan No. 13), PA99-0446 (Change of Zone, Amendment to the Official Zoning Map and Adoption of the Specific Plan Zoning Standards, PA99-0446 (Development Agreement) and PA00-0295 (Tentative Tract Map No. 29639). Tentative Tract Map 29639 was subsequently divided into three phases ("A" Maps). The applicant has now made application for four separate tentative tract maps (30667, 30668, 30669, 31053) to further subdivide Map 29639-2 into four neighborhoods ("B" Maps). Staff has combined all four tentative tract maps into one staff report given the maps abut each other. PROJECT DESCRIPTION Four tentative tract maps propose to subdivide portions of Planning Areas 1, 2, 3 & 8 of the Harveston Specific Plan into 664 single-family residential lots. The number of residential lots associated with each map and corresponding lot sizes are identified below: TRACT NUMBER OF MINIMUM LOT MAXIMUM LOT AVERAGE LOT NUMBER LOTS SIZE SIZE SIZE PROPOSED PROPOSED PROPOSED 30667 171 4,950 square 16,673 square 6,760 square feet feet feet 30668 100 3,224 square 10,311 square 4,790 square feet feet feet 30669 195 3,148 square 10,988 square 4,403 square feet & feet & feet & * 3,360 square 6,424 square 3,713 square feet feet feet 31053 198 3,147 square 8,541 square 4,734 square feet feet feet * Tract 30669 is comprised of standard lots, "Z" lots and smaller cottage size lots. The project area is generally located north of Winchester Road and west of Margarita Road. The property on which the tracts are to be developed has been mass graded and is currently undeveloped. ANALYSIS Tract 30667 Tract 30667 is located within a portion of Planning Area I of the Harveston Specific Plan. Two points of access will be provided directly off of Harveston Drive at Streets "AA" and "Il" which serves as the main loop road within the Narveston Development. A third access point to Harveston Drive will be achieved via Lake House Road. Future internal connection will be achieved between Tract R:\S l~Harveston SP~02-0674 - TTM 31053\Staff Report and COAs.doc 3 30677 and Tract 29639 (Planning Area 5) via Street"LL" at Lake House Road. With regard to street widths, Harveston Drive (Loop Road) is to be developed to an ultimate right of way width of 66 feet. Street "AA" will have a 66-foot right-of-way north of Street "BB" and a 60-foot right-of-way south of Street "BB". The remaining streets within the tract will have a 56-foot right-of-way with continuous five-foot wide parkways and sidewalks. Tract 30668 Tract 30668 is located within a portion of Planning Area 2. Tract 30668, which is located north of Tract 30667 across Harveston Drive, will be accessed directly off Harveston Drive at Street "AA". A second access point to Harveston Drive will be achieved via Lake House Road, which is an existing roadway. Two future internal connection points will be achieved between Tract 30668 and Tract 29639-1 (Planning Area 3) via Lake House Road and Street"CC". Both Harveston Drive and Lake House Road are to be developed at an ultimate right-of-way width of 66-feet. Streets "BB", "CC", and "DD' north of Street "EE" will have a 60-foot right-of-way. The remainder of the streets within the tract will have a 56-foot right-of-way with continuous five-foot wide parkways and sidewalks. The tract includes some 'Z" shaped lots that are necessary to accommodate home products with deep recessed garages. Tract 30669 Tract 30667 is located within a portion of Planning Area 1 of the Harveston Specific Plan. Tract 30669, which abuts Tract 30668 to the west, will be accessed at two points directly off of Harveston Drive at Streets "AA" and "FF". There is no future vehicular connection points between this tract and adjacent tracts given that the tract abuts the lake park and paseo to the north and east. Street "AA" will have a 66-foot right-of way. Street "FF" will have a 60-foot right-of-way to Street "GG". Street "HH" will have a 46.5-foot right-of-way and rear access to smaller lots will occur via alleys within 30- foot wide access easements. The remainder of the streets within the tract will have 56-foot wide right-of-ways with continuous five-foot wide parkways and sidewalks. The tract consists of three lot types including standard lots, "Z" lots and smaller cottage lots. Tract 31053 Tract 31053 is located within Planning Area 8. The Tract is located across Harveston Drive to the west of Tract 30669. The tract will be accessed via four access points directly off of Harveston Drive. Moreover, a future vehicular connection point will be established between Tract 31053 and Tract 29639 via Street "SS". Streets "AA", "11" and "TT" will have a 66-foot wide right-of-way south of Street "SS". All other streets within the tract will have a 56-foot wide right-of-way with continuous five-foot wide parkways and sidewalks. A portion of the lots within the tract have been designed with a "Z" shaped lot lines. Planning & Public Works staff have determined that the proposed number, location and type of street improvements within the four tracts are consistent with the Harveston Specific Plan. Moreover, staff has determined that all lots within the four tracts are consistent with applicable minimum and average lot size, width and depth requirements. The lots are configured so as to accommodate the various development standards associated with each of the home products allowed in specific planning areas. Each of the home products will be brought to the Planning Commission for consideration and approval at a future date. R:\S P~Harveston SP~02-0674 - TTM 31053\Staff Report and COAs.doc 4 Density Section 11.2 of the Harveston Specific Plan allows for a maximum of 1,921 dwelling units within the Harveston Specific Plan area. In addition, the Specific Plan allows the developer to transfer unused residential units from previously approved Planning Areas to proposed Planning Areas. However, the number of excess residential units identified for transfer to a Planning Area may not exceed 20% of the total target residential units. The Specific Plan further requires that a Project Residential Unit Reconciliation Report be submitted each time a specific planning area is proposed for development. The applicant has indicated, and staff has verified that five additional target units have been added to areas within the Specific Plan that have already received land use entitlements to date. In addition the target unit breakdown for the four proposed tract maps is listed below: APPLICABLE TENTATIVE TRACT ADDED OR SUBTRACTED TARGET UNITS 30667 Nine Units Added 30668/30669 Thirteen Units Subtracted 31053 Nine Units Subtracted Based on the above numbers, staff has determined that all residential development approved within Harveston to date along with the four proposed tracts results in a surplus of eight target units. These eight surplus target units can now be transferred to undeveloped planning areas within the Specific Plan. In addition, staff has determined that the proposed densities associated with each of the four specific tracts conform to the density ranges allowed in the associated Planning Areas. Environmental Determination An Environmental Impact Report and Mitigation Monitoring Plan was approved for the Harveston Specific Plan No. 13, which addressed all the environmental impacts on the site. Mitigation measures (described in the Mitigation Monitoring Program), and the Conditions of Approval have been incorporated as conditions for each of the four tract map applications. The application is consistent with the project description analyzed in the EIR, and no subsequent environmental review is necessary per Section 15162 of the California Environmental Quality Act SUMMARY AND RECOMMENDATION The four proposed tentative tract maps provide adequate access, circulation and developable lots. The proposed maps comply with the minimum lot size requirements of the Specific Plan and are consistent with the General Plan Land Use Map and the zoning map. Staff recommends approval of Tentative Tract Map Nos. 30667, 30668, 30669 and 31053 based upon the following findings: FINDINGS (Section 16.09.140 Temecula Municipal Code) The proposed subdivisions and the design and improvements of the subdivisions are consistent with the Development Code, General Plan, Harveston Specific Plan and the City of Temecula Municipal Code; The tentative maps do not propose to divide land, which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. The site is physically suitable for the type and proposed density of development proposed by the tentative maps. RSS P~Harveston SP~02-0674 - TrM 31053\Siaff Report and COAs.doc 5 Fo Go The design of the subdivisions and the proposed improvements, with conditions of approval, will not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the projects conform with the certified EIR and all required mitigation measures have been incorporated into the conditions of approval. The design of the subdivisions and the type of improvements are not likely to cause serious public health problems, because developments will be inspected by City Staff prior to occupancy. The design of the subdivisions provide for future passive or natural heating or cooling opportunities in the subdivisions to the extent feasible, because the construction plans will comply with all applicable building codes and State energy guidelines. The design of the subdivisions 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, because required off-site dedications and improvements will be acquired as conditions of approval. The subdivisions are consistent with the City's parkland dedication requirements (Quimby). Attachments 1. PC Resolutions No. 2003- - Blue Page 7 Exhibit A - Conditions of Approval - Blue Page 11 PC Resolution No. 2003- - Blue Page 24 Exhibit A - Conditions of Approval - Blue Page 28 PC Resolution No. 2003 - - Blue Page 41 Exhibit A - Conditions of Approval - Blue Page 45 PC Resolution No. 2003- - Blue Page 58 Exhibit A - Conditions of Approval - Blue Page 62 Letter from Pechanga Cultural Resources dated January 13, 2003 - Blue Page 75 Exhibits - Blue Page 76 B. C. D. E. F. G. Vicinity Map General Plan Map Zoning Map Tentative Tract Map No. 30669 Tentative Tract Map No. 30668 Tentative Tract Map No. 30667 Tentative Tract Map No. 31053 R:\S P~Harveston S1~02-0674 - TFM 31053\Staff Report and COAs.doc 6 A'I-I'ACHMENT NO. 1 PC RESOLUTION NO. 2003- R:\S P~Harveston SP~02-0674 - TIM 31053\S,afl Report and COAs.doc 7 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0623, TENTATIVE TRACT MAP NO. 30669 SUBDIVIDING PORTIONS OF PLANNING AREAS 2 AND 3 OF THE HARVESTON SPECIFIC PLAN INTO 195 SINGLE-FAMILY LOTS AND 10 OPEN SPACE LOTS FOR LENNAR COMMUNITIES ON 31.3 VACANT ACRES. GENERALLY LOCATED SOUTH OF HARVESTON DRIVE AND EAST OF YNEZ, KNOWN AS PORTIONS OF ASSESSORS PARCEL NOS. 911-180-002, 003, 004 & 015. WHEREAS, Harveston LLC, filed Planning Application No. PA02-0623 (the "Application"), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on May 7, 2003, 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; WHEREAS, 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; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. 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, Harveston Specific Plan and the City of Temecula 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. C. The site is physically suitable for the type and proposed density of development proposed by the tentative map; D. The design of the subdivision and the proposed improvements, with conditions of approval, will not likely to cause significant environmental damage or substantially and avoidably R:\S P~Harveston SP~02-0674 - TTM 31053\Staff Report and COAs.doc 8 injure fish or wildlife or their habitat because the project conforms with the certified EIR and all required mitigation measures have been incorporated into the conditions of approval; E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; because development will be inspected by City Staff prior to occupancy; F. The design of the subdivision provides for future passive or natural heating or 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, because required off-site dedications and improvements will be acquired as conditions of approval. (Quimby). The subdivision is consistent with the City's parkland dedication requirements Section 3. Environmental Compliance. An Environmental Impact Report and Mitigation Monitoring Plan was approved for the Harveston Specific Plan No. 13, which addressed all the environmental impacts on the site. Mitigation measures (described in the Mitigation Monitoring Program), and the Conditions of Approval have been incorporated as conditions for this application. The application is consistent with the project description analyzed in the EIR, and no subsequent environmental review is necessary per Section 15162 of the California Environmental Quality Act Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Application, a request to subdivide portions of Planning Area(s) 2,& 3 of the Harveston Specific Plan into 195 dwelling units and 10 open space lots to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of May 2003. ATTEST: [SEAL] Dennis Chinaeff, Chairperson R:\S PXHarvcston SP',024)674 - TrM 31053\Staff Report and COAs.doc 9 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. 2003-. 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 May, 2003, by the following vote of the Commission: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\S P~Harveston SPx02-0674 - TYM 31053\Staff Report and COAs.doc EXHIBIT A CONDITIONS OF APPROVAL R:\S PXHarveston SPx02 0674 ~ ~i'M 31053\S~ff Report and COA~.doc EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA02-0623 (Tentative Tract Map No. 30669) Project Description: Planning application to subdivide portions of Planning Areas 2 and 3 of the Harveston Specific Plan into 195 dwelling units and 10 open space lots Development Impact Fee Category: The Development Impact consistent with the Agreement. Fee will be Development Assessor's Parcel No.: 911-180-002,003, 004 & 015 Approval Date: May 7, 2003 Expiration Date: May 7,2005 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project 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 21108(b) and California Code of Regulations Section 15075. If within said forly-eight (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)). General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of the Temecula Subdivision Ordinance, 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 30 days prior to the expiration date. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an 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 which action is brought within the R:~S P~Harveston SP~02-0674 - TTM 31053\Staff Report and COAs.doc appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 13, the Harveston Specific Plan. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Final Environmental Impact Report for the Harveston Specific Plan, and the approved Mitigation Monitoring Program thereof. The Developer shall disclose to all home buyers that Date Street is planned to be a six (6) lane urban arterial roadway and will include a freeway interchange pursuant to the City of Temecula General Plan Circulation Element. All modifications to the phasing map after the first phase of development shall not require a Specific Plan Amendment and shall be approved administratively. Further, notwithstanding any of the conditions contained herein, Developer may seek an agreement for reimbursement for any improvements or facilities that qualify for reimbursement at such time as the City of Temecula adopts an ordinance for such reimbursement pursuant to and consistent with California Government Code Sections 66485 through 66489, inclusive, and further shall waive the same in the event of agreements, consistent with the foregoing, that require or include any or all of the terms set forth immediately above. Prior to Issuance of Grading Permits A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. Prior to Recordation of the Final Map 10. The following shall be submitted to and approved by the Planning Division: A copy of the Final Map. A copy of the Environmental Constraint Sheet (ECS) with the following notes: b. This property is located within thirty (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. R:\$ P~H arveston SP~02~0674 - TTM 31053\Staff Report and COAs.doc 13 c. The Harveston Environmental Impact Report (EIR) was prepared for this project and is on file at the City of Temecula Community Development Department- Planning Division. A copy of the Covenants, Conditions, and Restrictions (CC&R's) b. 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, extedor of all buildings and all landscaped and open areas including parkways. c. No lot or dwelling unit 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 dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enfomement 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. d. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit 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. Prior to Issuance of Building Permits 11. The applicant shall conduct an acoustical study to ensure acceptable interior and exterior noise standards pursuant to the General Plan noise levels for residential and commemial structures. All recommend construction techniques, improvements and/or walls recommended in the acoustical report shall be incorporated into the construction of the structures and subdivision. DEPARTMENT OF PUBLIC WORKS General Requirements 12. 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. 13. 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. 14. 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. O R:\S P~Harveston SP~02~0674 - TTM 31053\Staff Report and COAs.doc ]4 15. An Encroachment Permit shall be obtained from the California Department of Transportation prior to commencement of any construction within an existing or proposed State right-of- way. 16. All improvement plans and 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, 17. The Applicant shall comply with all underlying Conditions of Approval for Harveston Specific Plan No. 13 (PA99-0418) as approved on August 14, 2001. 18. The Applicant shall comply with all underlying Conditions of Approval for Tentative Tract Map No. 29639(PA00-0295) as approved on August 14, 2001, Prior to Approval of the Final 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: 19. Tract Map No. 29639-2 shall be recorded. 20. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Rancho California Water District Eastern Municipal Water District Riverside County Flood Control and Water Conservation District City of Temecula Fire Prevention Bureau Planning Department Department of Public Works Riverside County Health Department Cable TV Franchise Community Services District General Telephone Southern California Edison Company Southern California Gas Company 21. 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: Improve Street "AA" - (Modified Street Section per the Specific Plan - 66' RNV) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). R:',S P~Harveston SP~02-0~74 - 37I'M 31053\Staff Report and COAs.doc 22. 23. Improve Street "FF" - (Modified Street Section per the Specific Plan - 60' R/VV) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve Streets "BB", "CC", "DD", "EE", "FF", "GG", "Il", "JJ", "KK" and "LL" - (Modified Street Section per the Specific Plan - 56' R/VV) to include dedication of full width street right-of way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve Street "HH" - (Modified Street Section per the Specific Plan - 46.5' R/VV) to include dedication of full width street right-of way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: f. g. h. j. k. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City Standard Nos. 207,207A and/or 208. Streetlights shall be installed along the public streets shall be designed in accordance with Specific Plan Standards. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401 or as modified in the Specific Plan. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. Minimum centerline radii shall be in accordance with City Standard No. 113. All reverse curves shall include a 100-foot minimum tangent section. All street and driveway centerline intersections shall be at 90 degrees. All knuckles shall be constructed in accordance with City Standards No. 602. All cul-de-sacs shall be constructed in accordance with City Standards No. 600. All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. 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. 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. R:\S P~Harveston SP~02-0674 - TYM 31053\Stuff Report and COAs.doc 24. Relinquish and waive rights of access to and from Harveston Drive on the Final Map with the exception of two openings as delineated on the approved Tentative Tract Map. 25. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. 26. 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 bythe Department of Public Works. 27. Any delinquent property taxes shall be paid. 28. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final 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. 29. 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. 30. The Developer shall notify the City's cable TV Franchises ofthe Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 31. A 30-foot wide easement shall be dedicated for public utilities and emergency vehicle access. 32. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. 33. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 34. 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." Prior to Issuance of Grading Permits 35. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works R:\S l~Harveston SPk02-0674 - TTM 31053kStaff Report and COAs.doc 36. 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. 37. 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. 38. 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 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. 39. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 40. 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. 41. 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. 42. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. 43. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other drainage lot. Prior to Issuance of Building Permits 44. Final Map shall be approved and recorded. 45. 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 Repor~ addressing compaction and site conditions. R:\S P~ arveston SP~02-0674 - TTM 31053~Staff Report and COAs.doc 18 46. 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. 47. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with the Development Agreement between the City and Developer dated August 28, 2001. Prior to Issuance of Certificates of Occupancy 48. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District Department of Public Works 49. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 50. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 51. 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 DEPARTMENT 52. Any previous existing conditions for this project will remain in full force and effect unless superoeded by more stringent requirements here. 53. 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. 54. 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 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 55. 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 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 from any point on the street or Fire Department access road(s) frontage to a hydrant. The R:\S P~,Harveston SP~024)674 - TIM 31053\Staff Report and COAs.doc 56. 57. 58. 59. 60. 61. 62. 63. 64. 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 Ill-B) The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20-PSI residual operating pressure with a 4-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into · account all information as provided. (CFC 903.2, Appendix Ill-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. Super fire hydrants (8" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. 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 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 Ill-B) Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) All traffic-calming devices that could impede or slow emergency vehicle access are prohibited, except those expressly approved by the fire prevention bureau individually on a case-by-case basis when they maintain the required travel widths and radii. Cul-de-sacs and/or intersections with planters must maintain 24-foot clear unobstructed travel width around the planters, not including parking. Hardscape areas are permissible provided that they meet the 80,000 lb. load requirements and are at road level. Private entry driveways with divider medians must be a minimum of 16 feet wide on each side unless the median is held back 30 feet from face of curb of perpendicular road. 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) This will include all internal roads, connecting roads between phases, and construction gates. All required access must be in and available prior to and during ALL construction. Phasing is approved on a separate map, and is ultimately subject to final approval in the field. 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 lbs. GVVV. (CFC 8704.2 and 902.2.2.2) 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 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) R:\S P~Harveston SPX02-0674 TTM 31053\Staff Report and COAs.doc 20 65. 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) 66. Prior to building construction, dead end roadways 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) 67. Prior to building construction, this development and any street within serving more than 35 homes or any commercial developments shall have two (2) points of access, via all-weather surface roads, as approved bythe Fire Prevention Bureau. (CFC 902.2.1) 68. 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) 69. 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) 70. 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) Special Conditions 71. Prior to issuance of building permits, fuel modification plans shall be submitted to the Fire Prevention Bureau for review and approval for all open space areas adjacent to the wildland- vegetation interface. (FC Appendix II-A) 72. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones. (CFC Appendix II-A) 73. Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI ) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. R:\S P~Harveslon S1~02-0674 - TFM 31053\Staff Report and COAs doc 21 COMMUNITY SERVICES General Requirements 74. All perimeter slope and parkway landscaping, designated as Temecula Community Services Department (TCSD) maintenance areas, shall be identified and offered for dedication to the TCSD as a maintenance easement on the final map. Underlying ownership of the respective areas shall remain with the individual property owner or the Homeowner's Association. All other landscape areas, open space, entry monumentation, signage, pedestrian portals, bus sheltem, fences and walls shall be maintained by the Homeowners Association (HOA), private maintenance association or property owner. 75. All slope/landscape plans submitted for consideration for TCSD maintenance shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and Park Land and Landscape Dedication Process. 76. Construction of the proposed TCSD landscape maintenance areas shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. 77. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the slopes/landscaping areas until such time as those responsibilities are accepted by the TCSD or other responsible party. 78. Class II bicycle lanes, as specified in the Harveston Specific Plan, shall be identified on the street improvement plans and constructed in concurrence with the completion of said street improvements. 79. An eight (8) foot concrete walkway will be constructed within the Paseo Park (Lot 204). 80. Pedestrian access shall be provide from Street "KK", Street "JJ" and Street "HH" to the Paseo Park (Lot 204). 81. The developer shall contact the City's Franchise solid waste hauler for disposal of all construction debris. Only the City's franchisee may haul construction debris. 82, The developer is entitled to receive a credit against the park and recreation component of the City's Development Impact Fee (DIF) pursuant to the Development Agreement dated August 28, 2001. Prior to Approval of the Final Map 83. All slope/landscape areas intended for dedication to the TCSD for maintenance shall be identified on the final map by numbered lots with the square footage of said lot numbers indexed as proposed TCSD maintenance areas. 84. All TCSD slope/landscaping maintenance easements shall be offered for dedication on the final map. R:\S P~Harveston SPx02-0674 - TTM 31053\StaffReport and COAs.doc 22 85. Landscape construction drawings for all proposed TCSD slope/landscape maintenance areas should be reviewed and approved by the Director of Community Services. 86. The developer shall post security and enter into an agreement to improve all proposed TCSD maintenance areas. 87. The developer shall file a notice of intention with the Temecula Community Services District to initiate election proceedings for acceptance of residential streetlights and perimeter slope/landscape into the respective TCSD maintenance programs. All costs associated with this process shall be borne by the developer. Prior to Issuance of Building Permits 88. The 19.5-acre community park (Lot 53 of Tract Map 29639) shall be constructed, including the 90-day maintenance and establishment period and the conveyance accepted by the City Council prior to issuance of the first building permit (excluding models). 89. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application, submit approved Southern California Edison street light plans and pay the appropriate fees to the TCSD for the dedication of residential street lights into the appropriate TCSD maintenance program. 90. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. Prior to Issuance of Certificates of Occupancy 91. Prior to the issuance of the first certificate of occupancy within each phase map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 92. It shall be the developer's responsibility to provide written disclosure of the existence or TCSD and its service level rates and charges to all prospective purchasers. OUTSIDE AGENCIES 93. The applicant shall comply with all comments and/or conditions set forth in the attached dated December 16, 2002 letter from Riverside County Flood Control 94. The applicant shall comply with all comments and/or conditions set forth in the attached letter dated December 4, 2002 from Rancho Water District. 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 Name printed R:\S l~,Harveston SI~,02-0674 - WrM 31053\Staff Repor~ and COAs.doc 23 DAVID P. ZAPPE General Manager-Chief Engineer DEC i 8 2002 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of Temecula Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention: ~lP, T/' I"~A P~R Ladies and Gentlemen: 1995 MARKET STREE' RIVERSIDE, CA 9250 ! 909/955-1200 909/788-9965 FAX 51180.1 Re: 7'*F/,q oz-o6z3 L / The District does not normally recommend conditons for and dvsons or other land use cases in incorporated cities. The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. Distnct comments/recommendations for such cases ara normally limited to items of specific ~nterest to the District including District Master Drainage Plan faci ties, other regional flood control and drainage facilities which could be considered a logical component or extens on of a master plan system, and District Area Drainage Plan fees (development mitigation fees) n addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following checked comments do not in any way ,con,s.t, itute.or [m. ply Disthct.. approv, al or endorsement of the proposed project with respect to flood hazard, public neal[n eno safety or any omer sucn issue: J This project would not be impacted by Distdct Master Drainage Plan facilities nor are other facilities of regional ~nterest proPosed. This project involves Distdct Master Plan facilities. The District will accept ownership of such facilities on written request of the City. Facilities must be constructed to District standards, and District plan check and insp.ecti.on will be required for District acceptance. Plan check, inspection and administrative fees will be reqmreo. This project proposes channels, storm drains 36 inches or larger n dameter, or other fac ties that could be conmdered regional in nature and/or a logical extension of the adopted · M.a..ster..D..rain._age...P. lan. Th.e.District .would .CDns_ide. r a. ccDpti,ng ,ownership et such faC4 t~es on wntten request or me t;ity, ramm~es must De constructea to uistrim sranaaras and D~strict plan Check and insPection will be required for District acceptance. Plan check, inspection and adm n strafive fees will be required. This project is located within the limits of the District's M,.~Jz~-r~. ~'a~/.¢,~ r,~ (~£~.-rmt3)t · Area Drainage Plan for which drainage fees have been adopted; applicable teeff shou d be paid by cashier's check or money order only to the Flood Control District prior to issuance 6f building or gradinapermits whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance of~e acius permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) perm t from the State Water Resources Control Board. Clearance for grading, recordation, or other final approvaishould not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this pr,o. ject inv..elves a Federa! Emergen,c.y Management Agency (FE.MA) mapped flood plain, then the City should require me appficant .to proviae all stuaies calcu efforts, pans and omer ~nformation reclu red to meet FEMA requirements and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grad ng, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped flood plain is impacted by this project, the City should require the applicant to obtain a Section 1601/1603 Agreement from the California Department of F sh and Game and a Clean Water ACt Section 404 Permit from the U.S. Army Corps of Eng neers, or written correspondence from these agencies indicating the project is exempt from these reqmrements. A Clean Water Act Section 401 Water Qua ty Cert~cation may be required from the local California Regional Water Qua ty Centre Board prior to issuance of the Corps 404 permit. Very truly yours, STUART E MCKIBBIN Senior Civil Engineer Date: December 4, 2002 Matt Harris, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TRACT NO. 30669 APN 911-180-002, APN 911-180-003, APN 911-180-004, AND APN 911-180-005 PLANNING APPLICATION NO. PA02-0623 Dear Mr. Harris: 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 completion of financial arrangements between RCWD and the property oxvner and the construction of all required on- site and off-site water facilities. 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 sigmng an Agency Agreement that assigns water management rights, if any, to RCWD. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 02~SB:at307\F012-T6~FCF Rancho California Water District 42135 Winchester Road * Post Office Box 9017 * Temecula, California 92589 9017 * (909) 296 6900 · FAX (909) 296-6860 A'I-I'ACHMENT NO. 2 PC RESOLUTION NO. 2003- R:\S I~Harveston SP~02-0674 - TTM 31053\Staff Report and COAs doc PC RESOLUTION NO. 2003-__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0648, TENTATIVE TRACT MAP NO. 30668 SUBDIVIDING PORTIONS OF PLANNING AREA 2 AND 3 OF THE HARVESTON SPECIFIC PLAN INTO 100 SINGLE-FAMILY LOTS AND 5 OPEN SPACE LOTS FOR LENNAR COMMUNITIES ON 18.3 VACANT ACRES. GENERALLY LOCATED NORTH OF HARVESTON DRIVE AND EAST OF YNEZ, KNOWN AS PORTIONS OF ASSESSORS PARCEL NOS. 911-180-002, 003, 004 & 015. WHEREAS, Harveston LLC, filed Planning Application No. PA02-0648 (the "Application"), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but net limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on May 7, 2003, 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; WHEREAS, 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; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. 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, Harveston Specific Plan and the City of Temecula 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. C. The site is physically suitable for the type and proposed density of development proposed by the tentative map; D. The design of the subdivision and the proposed improvements, with conditions of approval, will not likely to cause significant environmental damage or substantially and avoidably iniure fish or R:\S P~Harveston SP~02-0674 - TTM 31053\Staff Report and COAs.doc 25 wildlife or their habitat because the project conforms with the certified EIR and all required mitigation measures have been incorporated into the conditions of approval; E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; because development will be inspected by City Staff prior to occupancy; Fo The design of the subdivision provides for future passive or natural heating or 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, because required off-site dedications and improvements will be acquired as conditions of approval. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby). Section 3. Environmental Compliance. An Environmental Impact Report and Mitigation Monitoring Plan was approved for the Harveston Specific Plan No. 13, which addressed all the environmental impacts on the site. Mitigation measures (described in the Mitigation Monitoring Program), and the Conditions of Approval have been incorporated as conditions for this application. The application is consistent with the project description analyzed in the EIR, and no subsequent environmental review is necessary per Section 15162 of the California Environmental Quality Act Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Application, a request to subdivide portions of Planning Areas 2 & 3 of the Harveston Specific Plan into 100 dwelling units and 5 open space lots to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of May 2003. ATTEST: [SEAL] Dennis Chinaeff, Chairperson R:\S PXl-larveston SPt,02 0674 - TTM 31053\Staff Report and COAs doc 26 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. 2003- 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 May, 2003, by the following vote of the Commission: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\S t'~Harveston SP~02-0674 - TTM 31053\Staff Rcport and COAs.doc 27 EXHIBIT A CONDITIONS OF APPROVAL R:\S P~Harveston SP~02-067,~ - TTM 31053\Staff Report and COAs doc 28 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA02-0648 (Tentative Tract Map No. 30668) Project Description: Planning application to subdivide portions of Planning Areas 2 and 3 of the Harveston Specific Plan into 100 dwelling units and 5 open space lots Development Impact Fee Category: The Development Impact Fee will be consistent with the Development Agreement. Assessor's Parcel No.: 911-180-002, 003, 004 & 015 Approval Date: May 7, 2003 Expiration Date: May 7, 2005 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project 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 Resoumes Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (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)). General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of the Temecula Subdivision Ordinance, 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 30 days prior to the expiration date. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an 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 which action is brought within the R:\S P~Harveston SP~02 0674 - TFM 31053\Staff Report and COAs.doc 29 appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This project and all subsequent'projects within this site shall be consistent with Specific Plan No. 13, the Harveston Specific Plan. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Final Environmental Impact Report for the Harveston Specific Plan, and the approved Mitigation Monitoring Program thereof. The Developer shall disclose to all home buyers that Date Street is planned to be a six (6) lane urban arterial roadway and will include a freeway interchange pursuant to the City of Temecula General Plan Circulation Element. All modifications to the phasing map after the first phase of development shall not require a Specific Plan Amendment and shall be approved administratively. Further, notwithstanding any of the conditions contained herein, Developer may seek an agreement for reimbursement for any improvements or facilities that qualify for reimbursement at such time as the City of Temecula adopts an ordinance for such reimbursement pursuant to and consistent with California Government Code Sections 66485 through 66489, inclusive, and further shall waive the same in the event of agreements, consistent with the foregoing, that require or include any or all of the terms set forth immediately above. Prior to Issuance of Grading Permits A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. Prior to Recordation of the Final Map 10. The following shall be submitted to and approved by the Planning Division: A copy of the Final Map. A copy of the Environmental Constraint Sheet (ECS) with the following notes: e. This property is located within thirty (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. R:\S PX, Harveston SI~02-0674 - TYM 31053\Slaff Report and COAs.doc 30 f. The Harveston Environmental Impact Report (EIR) was prepared for this project and is on file at the City of Temecula Community Development Department- Planning Division. A copy of the Covenants, Conditions, and Restrictions (CC&R's) g. 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 reads, exterior of all buildings and all landscaped and open areas including parkways. h. No lot or dwelling unit in the development shall be sold unless a corpora, tion, 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 dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enfomement bythe City for previsions 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. i. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit 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. Prior to Issuance of Building Permits 11. The applicant shall conduct an acoustical study to ensure acceptable interior and exterior noise standards pursuant to the General Plan noise levels for residential and commercial structures. All recommend construction techniques; improvements and/or walls recommended in the acoustical report shall be incorporated into the construction of the structures and subdivision. DEPARTMENT OF PUBLIC WORKS General Requirements 12. 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. 13. 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. 14. 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. R:x,S P\Harveston SP~02-0674 - TTM 31053\Staff Report and COAs.doc 15. An Encroachment Permit shall be obtained from the California Department of Transportation prior to commencement of any construction within an existing or proposed State right-of- way. 16. All improvement plans and 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. 17. The Applicant shall comply with all underlying Conditions of Approval for Harveston Specific Plan No. 13 (PA99-0418) as approved on August 14, 2001. 18. The Applicant shall comply with all underlying Conditions of Approval for Tentative Tract Map No. 29639(PA00-0295) as approved on August 14, 2001. Prior to Approval of the Final 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: 19. Tract Map No. 29639-2 shall be recorded. 20. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: f. g. h. i. j. k. m. San Diego Regional Water Quality Control Board Rancho California Water Distdet Eastern Municipal Water District Riverside County Flood Control and Water Conservation District City of Temecula Fire Prevention Bureau Planning Department Department of Public Works Riverside County Health Department Cable TV Franchise Community Services District General Telephone Southern California Edison Company Southern California Gas Company 21. 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: Improve Street "AA" - (Modified Street Section per the Specific Plan - 66' R/W) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). R:\S PX.l I arveston S1~02 0674 TI'M 31053\Staff Report and COAs.doc 32 22. 23. 24. C= Improve Streets "BB", "CC", "DD", "EE", "FF", and Lake House Road - (Modified Street Section per the Specific Plan - 60' RNV) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve Streets "BB", "DD", "FF", "GG", "HH", - (Modified Street Section per the Specific Plan - 56' PJW) to include dedication of full width street right-of way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a= f. g. h. i. j. k. I. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City Standard Nos. 207,207A and/or 208. Street lights shall be installed along the public streets shall be designed in accordance with Specific Plan Standards. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401 or as modified in the Specific Plan. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. Minimum centerline radii shall be in accordance with City Standard No. 113. All reverse curves shall include a 100-foot minimum tangent section. All street and driveway centerline intersections shall be at 90 degrees. All knuckles shall be constructed in accordance with City Standards No. 602. All cul-de-sacs shall be constructed in accordance with City Standards No. 600. All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. 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. 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. Relinquish and waive rights of access to and from Harveston Drive on the Final Map with the exception of one opening as delineated on the approved Tentative Tract Map. R:\S P~Harveston S~02 0674 - TTM 31053\Staff Repori and COAs.doc 33 25. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. 26. 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 bythe Department of Public Works. 27. Any delinquent property taxes shall be paid. 28. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final 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. 29. 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. 30. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 31. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. 32. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 33. 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 shallbe kept free of buildings and obstructions." Prior to Issuance of Grading Permits 34. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works 35. 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. R:\S PXHarveston SP~02 0,674 TTM 31053\Stuff Report and COAs.doc 34 36. 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. 37. 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 pdvate, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate ouffall 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. 38. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 39. The Developer shall post secudty 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. 40. 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. 41. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. 42. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other drainage lot. Prior to Issuance of Building Permits 43. Final Map shall be approved and recorded. 44. 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. 45. 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. R:\S [SHarveston SP~02 0674 - T'fM 31053\Staff Report and COAs doc 35 46. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with the Development Agreement between the City and Developer dated August 28, 2001. Prior to Issuance of Certificates of Occupancy 47. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District Department of Public Works 48. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 49. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 50. 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 DEPARTMENT 51. Any previous existing conditions for this project will remain in full force and effect unless superceded by more stringent requirements here. 52. 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 fome at the time of building plan submittal. 53. 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 G PM at 20-PSI residual operating pressure with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 54. 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 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 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 Ill-B) R:\S P~llarveston SPX02-0674 - TTM 31053\Staff Report and COAs.doc 36 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20-PSI residual operating pressure with a 4-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. 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 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 Ill-B) Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) All traffic-calming devices that could impede or slow emergency vehicle access are prohibited, except those expressly approved by the fire prevention bureau individually on a case-by-case basis when they maintain the required travel widths and radii. Cul-de-sacs and/or intersections with planters must maintain 24-foot clear unobstructed travel width around the planters, not including parking. Hardscape areas are permissible provided that they meet the 80,000 lb. load requirements and are at road level. Private entry driveways with divider medians must be a minimum of 16 feet wide on each side unless the median is held back 30 feet from face of curb of perpendicular road. 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) This will include all internal roads, connecting roads between phases, and construction gates. All required access must be in and available prior to and during ALL construction. Phasing is approved on a separate map, and is ultimately subject to final approval in the field. 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 sur[ace for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) 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 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 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) R:\S P~Harveston S ~02-0674 T/~M 31053\Staff Report and COAs doc 37 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 and any street within serving more than 35 homes or any commercial developments shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 67. 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) 68. 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) 69. 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) Special Conditions 70. Prior to issuance of building permits, fuel modification plans shall be submitted to the Fire Prevention Bureau for review and approval for all open space areas adjacent to the wildland- vegetation interface. (FC Appendix II-A) 71. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones. (CFC Appendix II-A) 72. Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI ) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. COMMUNITY SERVICES General Requirements 73. All perimeter slope and parkway landscaping, designated as Temecula Community Services Department (TCSD) maintenance areas, shall be identified and offered for dedication to the TCSD as a maintenance easement on the final map. Underlying ownership of the respective areas shall remain with the individual property owner or the Homeowner's Association. All other landscape areas, open space, entry monumentation, signage, R:\S P\Harveston SYA02 0674 - TTM 31053\Staff Report and COAs doc 38 pedestrian portals, bus shelters, fences and walls shall be maintained bythe Homeowners Association (HOA), private maintenance association or property owner. 74. All slope/landscape plans submitted for consideration for TCSD maintenance shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and Park Land and Landscape Dedication Process. 75. Construction of the proposed TCSD landscape maintenance areas shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. 76. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the slopes/landscaping areas until such time as those responsibilities are accepted by the TCSD or other responsible party. 77. Class II bicycle lanes, as specified in the Harveston Specific Plan, shall be identified on the street improvement plans and constructed in concurrence with the completion of said street improvements. 78. Pedestrian access shall be provided through Lot 102 to the Paseo Park (Lot 204 of TTM 30669). 79. The developer shall contact the City's Franchise solid waste hauler for disposal of all construction debris. Only the City's franchisee may haul construction debris. 80. The developer is entitled to receive a credit against the park and recreation component of the City's Development Impact Fee (DIF) pursuant to the Development Agreement dated August 28, 2001. Prior to Approval of the Final Map 81. All slope/landscape areas intended for dedication to the TCSD for maintenance shall be identified on the final map by numbered lots with the square footage of said lot numbers indexed as proposed TCSD maintenance areas. 82. All TCSD slope/landscaping maintenance easements shall be offered for dedication on the final map. 83. Landscape construction drawings for all proposed TCSD slope/landscape maintenance areas shall be reviewed and approved by the Director of Community Services. 84. The developer shall post security and enter into an agreement to improve all proposed TCSD maintenance areas. $5. The developer shall file a notice of intention with the Temecula Community Services District to initiate election proceedings for acceptance of residential streetlights and perimeter slope/landscape into the respective TCSD maintenance programs. All costs associated with this process shall be borne by the developer. R:',S P~Harveston S~02-0674 - qWM 31053\Stuff Report and COAs.doc 39 Prior to Issuance of Building Permits 86. The 19.5-acre community park (Lot 53 of Tract Map 29639) shall be constructed, including the 90-day maintenance and establishment period and the conveyance accepted by the City Council prior to issuance of the first building permit (excluding models). 87. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application, submit approved Southern California Edison street light plans and pay the appropriate fees to the TCSD for the dedication of residential street lights into the appropriate TCSD maintenance program. 88. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. Prior to Issuance of Certificates of Occupancy 89. Prior to the issuance of the first certificate of occupancy within each phase map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 90. It shall be the developer's responsibility to provide written disclosure of the existence or TCSD and its service level rates and charges to all prospective purchasers. OUTSIDE AGENCIES 91. The applicant shall comply with all comments and/or conditions set forth in the attached dated February 4, 2003 letter from Riverside County Flood Control District. 92. The applicant shall comply with all comments and/or conditions set forth in the attached letter dated December 11, 2002 from Rancho Water District. 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 Name printed Date R:\S [~llarveston SPx02-0674 -TTM 31053\Staff Reporl and COAs doc 40 WARREN D. WILLIAMS General Manager-Chief Engineer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995MARKET STREET RIVERSIDE, CA 92501 909.955.1200 909.788.9965 FAX City of Te~mecul,a Planning uepartment Post Office Box 9033 Temecula, California 92589-9033 Attention: ~/'~ t~T'r ~1~.~,,,I ~ ' The Distdct does not normally recommend conditions for land divisions or other land use cases in incorporated c t es The D strict a so do.es not plan check_, city land use cases or provide State Division of Real Estate letters or other flood hazaro reports rot sucn cases, uistnct comments/recommenoations for such cases are normally limited to tems of specific interest to the Distdct including Distdct Master Drainage Plan facilities, other regional flood control and dra na.~e fac tes which could be considered a logical componemor extension of a master p~an system and D str ct Area urainage P an fees (deve opment m.t gat[on fees) n add tion .nformatio[~ of a~genera~, n~rure is provided. The District has not reviewed the proposed project in detail and the following checked comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: ~// This pr.oject would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed· Th s project nvolves District Master Plan facilities. The Distdct will accept ownership of suc. h fa,ciliti,es on. written request of the City. Facilities must be constructed to District stanoards and District p~an cnecK ano inspection will be required for Distdct acceptance· Plan check, inspection and administrative fees will be required. This project proposes channels, storm drains 36 inches or larger in diameter, or other facilities that could be considered regional in nature and/or a logical extension of the adopted Master Drainage Plan. The District would consider accepting ownership of such facilities on written request of the City. Facilities must be constructed to Distdct standards, and D~stdct plan check and inspection will be required for Distdct acceptance. Plan. check, inspection a~d.administrative fees will be required.' . ' · t,,/ Th s project s ocated w~th~n the h.rmts .of the. Dlstnct.s ~4t )K&I~.I'R ("l~J~k- /_~-~qNrR ~,~ t ~ODl&,A. re, a Drainage P an for wh ch drainage tees nave oeen aoopted; applicable tees s~ould be paid by cashiers check or money order only to the Flood Control District prior to issuance of building or grading permits whichever comes first. Fees to be paid should be at the rate in effect at the t me of ssuance of the actua permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES,) permit from the State Water Resources Control Board. Clearance for grading recordation or other final approva/should not be given until the city has determined that the project has been granted a perm t or s shown to be exempt. ' If this project involves a Federal Emergency Manage, ment Agency (FEMA) mapp. ed flood plain, then the City, s._h.9.uJd require the applicant to provide all studies calcinations plans and other imormation required to meet requirements and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) pdor to grading, recordat on or other fina approva of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped flood plain is impacted by this project, the City should require the al~p. licant to obta n a Sect on 1601/1603 Agreement from the California Department of Fish and Game and a Clean water Act Section 404 Permit from the U.S. Army Corps of Engineers, or wdtten correspondence from these agencies indicating the project is exempt from these reqmrements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board pdor to issuance of the Corps 404 permit. Very truly yours, STUART E. MCKIBBIN Senior Civil Engineer 51180.1 t FEB 0 7 2003 December 11, 2002 Matt Harris, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 1 3 iv} SUBJECT: WATER AVAILABILITY TRACT NO. 30668 PORTIONS OF APN 916-170-006, APN 916-170-007, APN 916-170-010, AND APN 916-170-011 HARVESTON, LLC CASE NO. PA02-0648 Dear Mr. Harris: Please be advised that the above-referenced property is located within the boundaries of. Rancho Califomia Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner and the construction of all required on- site and off-site water facilities. 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. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 02\SB:at321 \FO 12-T6~FCF ATI'ACHMENT NO. 3 PC RESOLUTION NO. 2003- R:\S P~Harveston SP~02 0674 TTM 31053\Staff Report and COAstdoc PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0673, TENTATIVE TRACT MAP NO. 30667 SUBDIVIDING A PORTION OF PLANNING AREA I OF THE HARVESTON SPECIFIC PLAN INTO 171 SINGLE-FAMILY LOTS AND 11 OPEN SPACE LOTS FOR LENNAR COMMUNITIES ON 40.5 VACANT ACRES. GENERALLY LOCATED SOUTH OF HARVESTON DRIVE AND WEST OF MARGARITA ROAD, KNOWN AS PORTIONS OF ASSESSORS PARCEL NOS. 911-180-002, 003, 004 & 015. WHEREAS, Harveston LLC, filed Planning Application No. PA02-0673 (the "Application"), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on May 7, 2003, 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; WHEREAS, 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; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. 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, Harveston Specific Plan and the City of Temecula 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. C. The site is physically suitable for the type and proposed density of development proposed by the tentative map; R:\S P~Harveston SP~02-0674 - TTM 31053\Stuff Repoia and COAs.doc 42 D. The design of the subdivision and the proposed improvements, with conditions of approval, will not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the project conforms with the certified EIR and all required mitigation measures have been incorporated into the conditions of approval; E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; because development will be inspected by City Staff prior to occupancy; F. The design of the subdivision provides for future passive or natural heating or 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 bythe public at large for access through or use of property within the proposed subdivision, because required off-site dedications and improvements will be acquired as conditions of approval. (Quimby). The subdivision is consistent with the City's parkland dedication requirements Section 3. Environmental Compliance. An Environmental Impact Report and Mitigation Monitoring Plan was approved for the Harveston Specific Plan No. 13, which addressed all the environmental impacts on the site. Mitigation measures (described in the Mitigation Monitoring Program), and the Conditions of Approval have been incorporated as conditions for this application. The application is consistent with the project description analyzed in the EIR, and no subsequent environmental review is necessary per Section 15162 of the California Environmental Quality Act Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Application, a request to subdivide a portion of Planning Area 1 of the Harveston Specific Plan into 171 dwelling units and 11 open space lots to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of May 2003. ATTEST: Dennis Chinaeff, Chairperson Debbie Ubnoske, Secretary [SEAL] R:\S P\H arveston S1~02-0674 TTM 31053\Staff Report and COAs.doc 43 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMEOULA ) I, Debbie U bnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2003- 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 May, 2003, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\S P~Harveston SP~02-0674 - TTM 31053\Slaff Report and COAs doc 44 EXHIBIT A CONDITIONS OF APPROVAL R:\S PXHarveston SPX02 0674 - TTM 31053\Staff Report and COAs[doc45 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA02-0673 (Tentative Tract Map No. 30667) Project Description: Planning application to subdivide portions of Planning Area I of the Harveston Specific Plan into 171 dwelling units and 11 open space lots Development Impact Fee Category: The Development Impact consistent with the Agreement. Fee will be Development Assessor's Parcel No.: 911-180-002, 003, 004 & 015 Approval Date: May 7, 2003 Expiration Date: May 7, 2005 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project 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 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (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))o General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of the Temecula Subdivision Ordinance, 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 30 days prior to the expiration date. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an 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 which action is brought within the R:\S PLHarveston SP~02-0674 - TTM 31053\Staff Report and COAs.doc 46 appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 13, the Harveston Specific Plan. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Final Environmental Impact Report for the Harveston Specific Plan, and the approved Mitigation Monitoring Program thereof. The Developer shall disclose to all home buyers that Date Street is planned to be a six (6) lane urban arterial roadway and will include a freeway interchange pursuant to the City of Temecula General Plan Circulation Element. All modifications to the phasing map after the first phase of development shall not require a Specific Plan Amendment and shall be approved administratively. o Further, notwithstanding any of the conditions contained herein, Developer may seek an agreement for reimbursement for any improvements or facilities that qualify for reimbursement at such time as the City of Temecula adopts an ordinance for such reimbursement pursuant to and consistent with California Government Code Sections 66485 through 66489, inclusive, and further shall waive the same in the event of agreements, consistent with the foregoing, that require or include any or all of the terms set forth immediately above. Prior to Issuance of Grading Permits A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. Prior to Recordation of the Final Map 10. The following shall be submitted to and approved by the Planning Division: ao A copy of the Final Map. A copy of the Environmental Constraint Sheet (ECS) with the following notes: i. This property is located within thirty (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. R:\S I[~Harveston SP~,02-06~4 - TFM 31053\Staff Report and COAs doc 47 ii. The Harveston Environmental Impact Report (EIR) was prepared for this project and is on file at the City of Temecula Community Development Department - Planning Division. 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. No lot or dwelling unit 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 membemhip of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enfomement 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. iii. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit 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. Prior to Issuance of Building Permits 11. The applicant shall conduct an acoustical study to ensure acceptable interior and exterior noise standards pursuant to the General Plan noise levels for residential and commemial structures. All recommend construction techniques; improvements and/or walls recommended in the acoustical report shall be incorporated into the construction of the structures and subdivision. DEPARTMENT OF PUBLIC WORKS General Requirements 12. 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. 13. 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. 14. 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. R:\S PXHarveston SP~02-0674 - TTM 31053\S~aff Reporl and COAs.doc 48 15. An Encroachment Permit shall be obtained from the California Department of Transportation prior to commencement of any construction within an existing or proposed State right-of- way. 16. All improvement plans and 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. 17. The Applicant shall comply with all underlying Conditions of Approval for Harveston Specific Plan No. 13 (PA99-0418) as approved on August 14, 2001. 18. The Applicant shall comply with all underlying Conditions of Approval for Tentative Tract Map No. 29639(PA00-0295) as approved on August 14, 2001. Prior to Approval of the Final 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: 19. Tract Map No. 29639-2 shall be recorded. 20. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: f. g. h. i. j, k. I. m. San Diego Regional Water Quality Control Board Rancho California Water District Eastern Municipal Water District Riverside County Flood Control and Water Conservation District City of Temecula Fire Prevention Bureau Planning Department Department of Public Works Riverside County Health Department Cable TV Franchise Community Services District General Telephone Southern California Edison Company Southern California Gas Company 21. 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: Improve Streets "AA - entry" and "11" - (Modified Street Section per the Specific Plan - 66' RAN) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). R:\S l~,ltar veston SP~02 0674 TTM 31053\Slaff Report and COAs.doc 49 22. 23. 24. 25. Improve Streets "AA", and Lake House Road - entry - (Modified Street Section per the Specific Plan - 60' RNV) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve Streets "BB', "CC", "DD", "EE", "FF", "GG", "HH", "JJ", "KK", "LL", "MM", "NN", "OO" and Lake House Road - (Modified Street Section per the Specific Plan - 56' RRV) to include dedication of full width street right-of way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. Unless othe~vise approved the following minimum criteria shall be observed in the design of the street improvement plans: ac f. g° h. i. j. k. I. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City Standard Nos. 207,207A and/or 208. Street lights shall be installed along the public streets shall be designed in accordance with Specific Plan Standards. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401 or as modified in the Specific Plan. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. Minimum centerline radii shall be in accordance with City Standard No. 113. All reverse curves shall include a 100-foot minimum tangent section. All street and driveway centerline intersections shall be at 90 degrees. All knuckles shall be constructed in accordance with City Standards No. 602. All cul-de-sacs shall be constructed in accordance with City Standards No. 600. All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. 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. 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. Relinquish and waive rights of access to and from Margarita Road on the Final Map. Relinquish and waive rights of access to and from Harveston Drive on the Final Map with the exception of three openings as delineated on the approved Tentative Tract Map. R:\S P~Harveston SP~02-0674 -TTM 31053\Staff Report and COAs doc 5O 26. Corner properly line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. 27. 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. 28. Any delinquent property taxes shall be paid. 29. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final 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. 30. 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. 31. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 32. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. 33. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 34. 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 read 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 shallbe kept free of buildings and obstructions." Prior to Issuance of Grading Permits 35. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works 36. 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. R:\S I~,H aiweston S PX.02-0674 - TI'M 31053\Staff Report and COAs.doc 5~ 37. 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. 38. 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 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. 39. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. ~ 40. 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. 41. 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. 42. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties, The letters or easements shall be in a format as directed by the Department of Public Works. 43. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other drainage lot. Prior to Issuance of Building Permits 44. Final Map shall be approved and recorded. 45. 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. 46. 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. R:\S P~Harveston S~02 06'74 - TTM 31053\Staff Reporl and COAs doc 52 47. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with the Development Agreement between the City and Developer dated August 28, 2001. Prior to Issuance of Certificates of Occupancy 48. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District Department of Public Works 49. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 50. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 51. 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 DEPARTMENT 52. Any previous existing conditions for this project will remain in full force and effect unless superceded by more stringent requirements here. 53. 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 fome at the time of building plan submittal. 54. 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 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 55. 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 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 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 Ill-B) R:\S PXHarvcston S[~02-0674 - TTM 31053\Staff Report and COAs doc 53 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20-PSI residual operating pressure with a 4-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. 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 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 Ill-B) Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) All traffic calming devices that could impede or slow emergency vehicle access are prohibited, except those expressly approved by the fire prevention bureau individually on a case by case basis when they maintain the required travel widths and radii. Cul-de-sacs and/or intersections with planters must maintain 24 foot clear unobstructed travel width around the planters, not including parking. Hardscape areas are permissible provided that they meet the 80,000 lb. load requirements and are at road level. Private entry driveways with divider medians must be a minimum of 16 feet wide on each side unless the median is held back 30 feet from face of curb of perpendicular road. 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) This will include all internal roads, connecting roads between phases, and construction gates. All required access must be in and available prior to and during ALL construction. Phasing is approved on a separate map, and is ultimately subject to final approval in the field. 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 lbs. GVW. (CFC 8704.2 and 902.2.2.2) 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 lbs. GVW with a minimum AC thickness of .25 feet. ( CFC sec 902) 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) R:\S l~Harveston SP~02-0674 - TTM 31053\Staff Report and COAs.doc 54 66. 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 992.2.2.4) 67. Prior to building construction, this development and any street within serving more than 35 homes or any commercial developments shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 68. 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) 69. 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) 70. 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) Special Conditions 71. Prior to issuance of building permits, fuel modification plans shall be submitted to the Fire Prevention Bureau for review and approval for all open space areas adjacent to the wildland- vegetation interface. (FC Appendix II-A) 72. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones. (CFC Appendix II-A) 73. Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI Arclnfo/ArcView compatib/e format and projected in a State Plane NAD 83 (California Zone VI ) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. COMMUNITY SERVICES General Requirements 74. All perimeter slope and parkway landscaping, designated as Temecula Community Services Department (TCSD) maintenance areas, shall be identified and offered for dedication to the TCSD as a maintenance easement on the final map. Underlying ownership of the respective areas shall remain with the individual property owner or the Homeowner's Association. All other landscape areas, open space, entry monumentation, signage, R:\S I~,Harvcsto~ S1~,02-0674 - TTM 3 ] 053\Staff Rcport and COAs doc 55 pedestrian portals, bus shelters, fences and walls shall be maintained bythe Homeowners Association (HOA), private maintenance association or property owner. 75. All slope/landscape plans submitted for consideration for TCSD maintenance shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and Park Land and Landscape Dedication Process. 76. Construction of the proposed TCSD landscape maintenance areas shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. 77. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the slopes/landscaping areas until such time as those responsibilities are accepted by the TCSD or other responsible pady. 78. Class II bicycle lanes, as specified in the Harveston Specific Plan, shall be identified on the street improvement plans and constructed in concurrence with the completion of said street improvements. 79. The developer shall contact the City's Franchise solid waste hauler for disposal of all construction debris. Only the City's franchisee may haul construction debds. 80. The developer is entitled to receive a credit against the park and recreation component of the City's Development Impact Fee (DIF) pursuant to the Development Agreement dated August 28, 2001. Prior to Approval of the Final Map 81. All slope/landscape areas intended for dedication to the TCSD for maintenance shall be identified on the final map by numbered lots with the square footage of said lot numbers indexed as proposed TCSD maintenance areas. 82. All TCSD slope/landscaping maintenance easements shall be offered for dedication on the final map. 83. Landscape construction drawings for all proposed TCSD slope/landscape maintenance areas shall be reviewed and approved by the Director of Community Services. 84. The developer shall post security and enter into an agreement to improve all proposed TCSD maintenance areas. 85. The developer shall file a notice of intention with the Temecula Community Services District to initiate election proceedings for acceptance of residential streetlights and perimeter slope/landscape into the respective TCSD maintenance programs. All costs associated with this process shall be borne by the developer. R:\S P~Harveston SP~02-0674 - TrM 31053\Staff Report and COAs doc 56 Prior to Issuance of Building Permits 86. The 19.5-acre community park (Lot 53 of Tract Map 29639) shall be constructed, including the 90-day maintenance and establishment period and the conveyance accepted by the City Council prior to issuance of the first building permit (excluding models). 87. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application, submit approved Southern California Edison street light plans and pay the appropriate fees to the TCSD for the dedication of residential street lights into the appropriate TCSD maintenance program. 88. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. Prior to Issuance of Certificates of Occupancy 89. Prior to the issuance of the first certificate of occupancy within each phase map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 90. It shall be the developer's responsibility to provide written disclosure of the existence or TCSD and its service level rates and charges to all prospective purchasers. OUTSIDE AGENCIES 91. The applicant shall comply with all comments and/or conditions set forth in the attached dated February 4, 2003 letter from Riverside County Flood Control District. 92. The applicant shall comply with all comments and/or conditions set forth in the attached letter dated December 26, 2002 from Rancho Water District. 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 Name printed Date R:\S PXHarveston SP~.02-0674 TTM 31053\Smff Report and COAs.doc 57 WARKEN D. WILLIAMS ~eneral Manager-Chief Engineer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of Te~ecul.a Planning uepartment Post Office Box 9033 Temecula, California 92589-9033 Attention: ~ lqTT Ladies and Gentlemen: 1995MARKET STREET RIVERSIDE, CA 92501 909.955.1200 909.788.9965 FAX 51180.1 The D strict does not normally recommend conditions for land divisions or other land use cases in incorporated cities, lhe Distdct a so does not plan check cit~ land use cases, or provide State Division of Real Fstate letters or other flood hazard reports fo/' suchceses. District comments/recommendations for such cases are normally limited to tems of specific ~nterest to the District including Distdct Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a Iogica! component'or extension of a master plan system, and Distdct Area Drainage Plan fees (development mitigation fees), In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following checked comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. Th s project involves Distdct Master Plan facilities. The District will accept ownership of such facilities on wdtten request of the City. Facilities must be constructed to Distdct standards and District plan check and inspection will be required for Distdct acceptance. Plan check, inspection and administrahve fees will be required. This project proposes channels, storm drains 36 inches or larger in diameter or other facilities that could be considered regional in nature and/or a logical extension of the adopted Master Drainage Plan. The Distdct woulfl cons. jider a. ccepting ownership of s. uc, h fac. ilitie, s on.written .reque.s,! of the City. Facilities must be constructed to uistdct standards and District p~an checK an(] inspection be required for District acceptance. Plan check, nspect On and administrative fees will be required. This project is located within the Ii.mits .of the. District's ]v~R R~T,~ C.R~'J~.~ ~/~,lr~q Drainage Plan for which drainage tees nave oeen adopted applicable tees slhould be paid by casniers check or money order only to the Flood Control Distdct prior m issuance of I~uilding or gradingpermits, whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance of[he actual permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Con~rol Board. Clearance for grading recordatio,n,, or other final approva/should not be given until the City has determined that the project has been granted a perm ~ or s shown to be exempt. f th s project nvolves a Federal Emergency Management Agency (FE.MA.} mapped flood plain then the City should require the applicant to provide all studies, calculations, plans and omer ~nformation required to meet FEMA requirements and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other find approva of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped flood plain is impacted by this project, the City should require the applicant to obtain a Sect on 1601/1603 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board pdor to issuance of the Corps 404 permit. Very truly yours, STUART E. MCKIBBIN Senior Civil Engineer Date: December 26, 2002 DEC 3 0 ~_007- Matt Harris, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TRACT NO. 30667 PORTIONS OF APN 911-180-002, APN 911-180~003, APN 911-180-004, AND APN 911-180- 015 PLANNING APPLICATION NO. PA02-0673 HARVESTON Dear Mr. Harris: 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 completion of financial arrangements between RCWD and the property owner and the construction of all required on- site and off-site water facilities. If fke 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. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brarmon, P.E. Development Engineering Manager 02\SB:aL337\F012-T6\FCF ATrACHMENT NO. 4 PC RESOLUTION NO. 2003- R:\S I~Harveston S~02-0674 - TI'M 31053\Staff Report and CO~.doc i 58 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0674, TENTATIVE TRACT MAP NO. 31053 SUBDIVIDING A PORTION OF PLANNING AREA 8 OF THE HARVESTON SPECIFIC PLAN INTO 198 SINGLE-FAMILY LOTS AND 15 OPEN SPACE LOTS FOR LENNAR COMMUNITIES ON 34.3 VACANT ACRES. GENERALLY LOCATED NORTH OF YNEZ BET~VEEN DATE STREET AND HARVESTON DRIVE, KNOWN AS PORTIONS OF ASSESSORS PARCEL NOS. 916-170-006, 910-120-003 & 008, 910-110-013. WHEREAS, Harveston LLC, filed Planning Application No. PA02-0674 (the "Application"), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on May 7, 2003, 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; WHEREAS, 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; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. 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, Harveston Specific Plan and the City of Temecula 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. C. The site is physically suitable for the type and proposed density of development proposed by the tentative map; D. The design of the subdivision and the proposed improvements, with conditions of approval, will not likely to cause significant environmental damage or substantially and avoidably R:\S ~Harveston SP~02-0674 - TFM 31053\Staff Report and COAs doc 59 injure fish or wildlife or their habitat because the project conforms with the certified EIR and all required mitigation measures have been incorporated into the conditions of approval; E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; because development will be inspected by City Staff prior to occupancy; F. The design of the subdivision provides for future passive or natural heating or 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 th rough or use of property within the proposed subdivision, because required off-site dedications and improvements will be acquired as conditions of approval. (Quimby). The subdivision is consistent with the City's parkland dedication requirements Section 3. Environmental Compliance. An Environmental Impact Report and Mitigation Monitoring Plan was approved for the Harveston Specific Plan No. 13, which addressed all the environmental impacts on the site. Mitigation measures (described in the Mitigation Monitoring Program), and the Conditions of Approval have been incorporated as conditions for this application. The application is consistent with the project description analyzed in the EIR, and no subsequent environmental review is necessary per Section 15162 of the California Environmental Quality Act Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Application, a request to subdivide a portion of Planning Area 8 of the Harveston Specific Plan into 198 dwelling units and 15 open space lots to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of May 2003. ATTEST: Dennis Chinaeff, Chairperson Debbie Ubnoske, Secretary [SEAL] R:\S I~Harveston SPX02-0674 - ~FM 31053\Staff Report and COAs doc 60 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretaryof the Temecula Planning Commission, do hereby certifythat PC Resolution No. 2003-. 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 May, 2003, by the following vote of the Commission: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\S P~ltarveston SP~02-0674 - TTM 31053\Staff Report and COAs.doc EXHIBIT A CONDITIONS OF APPROVAL R:\S ~Harveston SP~02-0674 - TTM 31053\Staff Report and COAg.doc 62 £XHIBITA CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA02-0674 (Tentative Tract Map No. 31053) Project Description: Planning application to subdivide a portion of Planning Area 8 of the Harveston Specific Plan into 198 dwelling units and 15 open space lots Development Impact Fee Category: The Development Impact consistent with the Agreement. Fee will be Development Assessor's Parcel No.: 916-170-006, 910-120-003 & 008, 91 0-110-013 Approval Date: May 7, 2003 Expiration Date: May 7, 2005 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project 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 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (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)). General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of the Temecula Subdivision Ordinance, 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 30 days prior to the expiration date. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an 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 which action is brought within the R:\S P~Harvcston SP~02 0674 TI'M 31053\Slaff Report and COAs doc 63 appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 13, the Harveston Specific Plan. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Final Environmental Impact Report for the Harveston Specific Plan, and the approved Mitigation Monitoring Program thereof. The Developer shall disclose to all home buyers that Date Street is planned to be a six (6) lane urban artedal roadway and will include a freeway interchange pursuant to the City of Temecula General Plan Circulation Element. All modifications to the phasing map after the first phase of development shall not require a Specific Plan Amendment and shall be approved administratively. Further, notwithstanding any of the conditions contained herein, Developer may seek an agreement for reimbursement for any improvements or facilities that qualify for reimbursement at such time as the City of Temecula adopts an ordinance for such reimbursement pursuant to and consistent with California Government Code Sections 66485 through 66489, inclusive, and further shall waive the same in the event of agreements, consistent with the foregoing, that require or include any or all of the terms set forth immediately above. Prior to Issuance of Grading Permits A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. Prior to Recordation of the Final Map 10. 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: This property is located within thirty (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. R:\S PXHarveston SP~02 0674 TTM 31053\S~aff Report and COAs.cloc 64 ii. The Harveston Environmental Impact Report (EIR) was prepared for this project and is on file at the City of Temecula Community Development Department - Planning Division. d. A copy of the Covenants, Conditions, and Restrictions (CC&R's) iii. CC&R's shall be reviewed and approved bythe 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. iv. No lot or dwelling unit 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 dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enfomement 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. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit 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. Prior to Issuance of Building Permits 11. The applicant shall conduct an acoustical study to ensure acceptable interior and exterior noise standards pursuant to the General Plan noise levels for residential and commercial structures. All recommend construction techniques, improvements and/or walls recommended in the acoustical report shall be incorporated into the construction of the structures and subdivision. DEPARTMENT OF PUBLIC WORKS General Requirements 12. 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. 13. 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. R:\S l~Harveslon S~02-0674 - TTM 31053\Sla ff Reporl and COAs.doc 65 14. 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. 15. An Encroachment Permit shall be obtained from the California Department of Transportation prior to commencement of any construction within an existing or proposed State right-of- way. 16. All improvement plans and 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. 17. The Applicant shall comply with all underlying Conditions of Approval for Harveston Specific Plan No. 13 (PA99-0418) as approved on August 14, 2001. 18. The Applicant shall comply with all underlying Conditions of Approval for Tentative Tract Map No. 29639(PA00-0295) as approved on August 14, 2001. Prior to Approval of the Final 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: 19. Tract Map No. 29639-2 shall be recorded. 20. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: f. g. h. i. k. I. m. San Diego Regional Water Quality Control Board Rancho California Water District Eastern Municipal Water District Riverside County Flood Control and Water Conservation District City of Temecula Fire Prevention Bureau Planning Department Department of Public Works Riverside County Health Department Cable TV Franchise Community Services District General Telephone Southern California Edison Company Southern California Gas Company 21. 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: R:\S ~ltarveslon S1~02-0674 - WI'M 31053\Sml'f Reporl and COAs.doc 66 22. 23. 24. Improve Streets "AA", "11", and 'q'T" (Modified Street Section per the Specific Plan - 66' RAN) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve Streets "BB", "CC", "DD", "EE", "FF", "GG", "HH", "JJ", "KK", "LL", "MM", "NN", "OO", "PP", "QQ", "RR", "SS" and 'q-i'" (Modified Street Section per the Specific Plan - 56' RNV) to include dedication of full width street right-of way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: ao f. g. h. i. j. k. I. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City Standard Nos. 207,207A and/or 208. Street lights shall be installed along the public streets shall be designed in accordance with Specific Plan Standards. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401 or as modified in the Specific Plan. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. Minimum centedine radii shall be in accordance with City Standard No. 113. All reverse curves shall include a 100-foot minimum tangent section. All street and driveway centerline intersections shall be at 90 degrees. All knuckles shall be constructed in accordance with City Standards No. 602. All cul-de-sacs shall be constructed in accordance with City Standards No. 600. All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. 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. 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. Relinquish and waive rights of access to and from Ynez Road and Date Street on the Final Map. R:\S P~Harveston SP~02 0674 -TTM 31053\Smff Reporl and COAs doc 67 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. Relinquish and waive rights of access to and from Harveston Drive on the Final Map with the exception of four openings as delineated on the approved Tentative Tract Map. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. 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 bythe Department of Public Works. Any delinquent property taxes shall be paid. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final 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 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. 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 Final 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. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 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 shallbe kept free of buildings and obstructions." R:\S PXHarveston S?x02 0674 - TTM 31053\Smff Report and COAs doc 68 Prior to Issuance of Grading Permits 36. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works 37. 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. 38. 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. 39. 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 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. 40. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 41. The Developer shale 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. 42. 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. 43. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. R:\S P~H arveston S P~02-0674 TFM 31053\S~aff Report and COAs.doc 69 44. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other drainage lot. Prior to Issuance of Building Permits 45. Final Map shall be approved and recorded. 46. 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. 47. 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. 48. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with the Development Agreement between the City and Developer dated August 28, 2001, Prior to Issuance of Certificates of Occupancy 49. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: ac Rancho California Water District Eastern Municipal Water District Department of Public Works 50. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 51. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 52. 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 DEPARTMENT 53. Any previous existing conditions for this project will remain in full force and effect unless superceded by more stringent requirements here. 54. 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 fome at the time of building, plan submittal. R:\S P\ltarveston SPX.02-0674 - TTM 31053\S¢aff Rcport and COAs.doc 70 55. 56. 57. 58. 59. 60. 61. 62. 63. The Fin 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 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 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 2 1/2" outlets) shall be located on Fire Department access muds 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 nad(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 Ill-B) The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20-PSI residual operating pressure with a 4-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-I. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access muds and adjacent public streets. 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 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 Ill-B) Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) All traffic-calming devices that could impede or slow emergency vehicle access are prohibited, except those expressly approved by the fire prevention bureau individually on a case-by-case basis when they maintain the required travel widths and radii. Cul-de-sacs and/or intersections with planters must maintain 24 foot clear unobstructed travel width around the planters, not including parking. Hardscape areas are permissible provided that they meet the 80,000 lb. load requirements and are at road level. Private entry driveways with divider medians must be a minimum of 16 feet wide on each side unless the median is held back 30 feet from face of curb of perpendicular road. 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) This will include all internal roads, connecting roads between phases, and construction gates. All required access must be in and available prior to and during ALL construction. Phasing is approved on a separate map, and is ultimately subject to final approval in the field. R:\S P~Harveston SP\02 0674 TTM 31053\Staff Report and COAs.doc 64. 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 sudace for 80,000 lbs. GV~N. (CFC 8704.2 and 902.2.2.2) 85. 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 lbs. GVW with a minimum AC thickness of .25 feet. ( CFC sec 902) 86. 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) 87. 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) 68. Prior to building construction, this development and any street within serving more than 35 homes or any commercial developments shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 89. 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) 70. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identity fire hydrant locations. (CFC 901.4.3) 71. 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) Special Conditions 72. Prior to issuance of building permits, fuel modification plans shall be submitted to the Fire Prevention Bureau for review and approval for all open space areas adjacent to the wildland- vegetation interface. (FO Appendix II-A) 73. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones. (CFC Appendix II-A) R:\S PXHar~eslon SPX02-0674 - TFM 31053\Staff Rcpmt and COAs doc 72 74. Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI Arelnfo/ArcView compatibleformat and projected in a State Plane NAD 83 (California Zone VI) coordinate system; The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. COMMUNITY SERVICES General Requirements 75. All perimeter slope and parkway landscaping, designated as Temecula Community Services Department (TCSD) maintenance areas, shall be identified and offered for dedication to the TCSD as a maintenance easement on the final map. Underlying ownership of the respective areas shall remain with the individual property owner or the Homeowner's Association. All other landscape areas, open space, entry monumentation, signage, pedestrian portals, bus shelters, fences and walls shall be maintained by the Homeowners Association (HCA), private maintenance association or property owner. 76. All slope/landscape plans submitted for consideration for TCSD maintenance shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and Park Land and Landscape Dedication Process. 77. Construction of the proposed TCSD landscape maintenance areas shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. 78. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the slopes/landscaping areas until such time as those responsibilities are accepted by the TCSD or other responsible party. 79. Class II bicycle lanes, as specified in the Harveston Specific Plan, shall be identified on the street improvement plans and constructed in concurrence with the completion of said street improvements. 80. The developer shall contact the City's Franchise solid waste hauler for disposal of all construction debris. Only the City's franchisee may haul construction debris. 81. The developer is entitled to receive a credit against the park and recreation component of the City's Development Impact Fee (DIF) pursuant to the Development Agreement dated August 28, 2001. Prior to Approval of the Final Map 82. All slope/landscape areas intended for dedication to the TCSD for maintenance shall be identified on the final map by numbered lots with the square footage of said lot numbers indexed as proposed TCSD maintenance areas. 83. All TCSD slope/landscaping maintenance easements shall be offered for dedication on the final map. R:\S P~Harveslon SP~02-0674 - TI'M 31053\Staff Report and COAs doc 73 84. Landscape construction drawings for all proposed TCSD slope/landscape maintenance areas shall be reviewed and approved by the Director of Community Services. 85. The developer shall post security and enter into an agreement to improve all proposed TCSD maintenance areas. 86. The developer shall file a notice of intention with the Temecula Community Services District to initiate election proceedings for acceptance of residential streetlights and perimeter slope/landscape into the respective TCSD maintenance programs. All costs associated with this process shall be borne by the developer. Prior to Issuance of Building Permits 87. The 19.5-acre community park (Lot 53 of Tract Map 29639) shall be constructed, including the 90-day maintenance and establishment period and the conveyance accepted by the City Council prior to issuance of the first building permit (excluding models). 88. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application, submit approved Southern California Edison street light plans and pay the appropriate fees to the TCSD for the dedication of residential street lights into the appropriate TCSD maintenance program. 89. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. Prior to Issuance of Certificates of Occupancy 90. Prior to the issuance of the first certificate of occupancy within each phase map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 91. It shall be the developer's responsibility to provide written disclosure of the existence or TCSD and its service level rates and charges to all prospective purchasers. OUTSIDE AGENCIES 92. The applicant shall comply with all comments and/or conditions set forth in the attached dated February 4, 2003 letter from Riverside County Flood Control District. 93. The applicant shall comply with all comments and/or conditions set forth in the attached letter dated December 26, 2002 from Rancho Water District. 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 Name printed Date R:\S P~Harveston SPX02-0674 - ~YI'M 31053\Staff Report and COAs.doc 74 WARREN D. WILLIAMS 3eneral Manager-Chief Engineer ) ~ 1995 MARKET STREET RIVERSIDE, CA" 92501 909.955.1200 909.788.9965 FAX 51180.1 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRI' t City of Temecula i ;1 FEB 0 7 2003 Planning Department Post Office Box 9033 iULI Temecula, Califomia 92589-9033 LadiesandGentlemen: Re: TTt~ 310 q"4 ( ~)~ · The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also do.es not plan check_ city land use cas. es or prov[d,e. State Divis, ion of Real Estate leE, ers o,r other flood hazard reports Tar sucncases. L)istnct comments/recommenaafions mr sucn cases are normally dmiteo to items of specific interest to the District including Distdct Master Draina~le Plan facilities other regional flood control and drainage facilities which could be considered a logical componentor extension of a master plan system and District Area Drainage Plan fees (development m tigat on fees), n add t on, nformat on of a general nature s providedl The District has not reviewed the proposed project in detail and the following checked comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety er any other such issue: u~ This prpject would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. This project involves District Master Plan facilities. The District will acce, pt ownership of such facilities on written request of the City. Facilities must be constructed to District staneards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. This project proposes channels storm drains 36 inches or larger in diameter, or other facilities that could be considered regional in nature and/or a logical extension of the adopted Master Drainage Plan. The District would consider accepting ownership of suc, l~ ra?llt~e,s on,written request of the City. Facilities must be constructed to District standards, and Distdct pmn checK aha inspection will be required for Distdct acceptance, .Plan ?hack, insPecti~q.and~ adrninistrati~te fee~ will be required... . ~ This project is located within the limits of the' Districtslv~l~g~l"~'~o,E~f"/?~q.~'r~'' 4~-gT~a/JArea Drainage Plan tar which drainage fees have been adopte,d.; alpplicable tees ~,hould .be pa~d by cashier's check or money order only to the Flood Control District ~'rior ~o issuance of building or gradingpermitS~ whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance or,he actua! permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation, or other final approva/should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a Federal Emergency Man.age, ment Agency (FEMA,~ mapped flood plain, then the City should require the applicant to provide all studies calculations plans and omer ~nformation required to meet FEMA requirements and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Rev s on (LOMR) pr or to occupancy. If a natural watercourse or mapped flood plain is imlpacted by this project, the City should require the alpp. licant to obtain a Section 1601/1603 Agreement from the California Department of Fish and Game and a Clean water ACt Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Cert~T~cation may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 Very truly yours, STUART E. MCKIBBIN Senior Civil Engineer Zoo3 Date: ~-.--4 - December 26, 2002 Matt Harris, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TRACT NO. 31053 PORTIONS OF APN 911-180-002, APN 911-180-003, APN 911-180-004, AND APN 911-180-015 PLANNING APPLICATION NO. PA02-0674 HARVESTON Dear Mr. Harris: 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 completion of financial arrangements between RCWD and the property owner and the construction of all required on- site and off-site water facilities. 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. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 02~SB:at336~F012-T6\FCF ATrACHMENT NO. 5 LE'I-rER FROM PECHANGA CULTURAL RESOURCES DATED JANUARY 13, 2003 R:\S l~Harveston SP~02-0674 - TTM 31053\Staff Report and COA¢,doc 04/24/2003 THU 09:23 FAX 9095069491 Pechanga Cultural Center . : · ~;~ . ~'": ? ?ECHANGA CULTURAL RESOURCES Temecula Band of Luise~o Mission Indians O02 Committe~Mem~: Ma~jMag~ Au~aMarruffo Ev~Oerber Post Office Box 2183 · Temecula. CA 92593 Telephone (909) 308-9295 ' Fax (909) 506-9491 January 13, 2003 Matt Harris, Associate Planner City of Temecula P.O. Box 9033 Temecula, CA 9258%9033 Darlene Sotelo Nadine A. pico Raymond Basquez Coaxdinator: Be~jnmin Masiel Monitor Supervisor. John Gomez Director: Re: Harveston (Planning Application No. PA02-0674, PA02-0623, PA02-0648, a~by Dubois PA02-0673) Dear Mr. Harris: The Pechanga Band of Luisefio Mission Indians, a federally recognized Indian Tribe (hereinafter, the "Pechanga Band") submits the following comments to the Harveston Project (Planning Application No. PA02-0674, PA02-0623, PA02-0648, and PA02-0673) (hereinafter, "the Project"). The Pechanga/Luiseno people have called this area home since time immemorial and are an integral part of the pre-history and history of the Temecula Valley and the City of Temecula. And the Pechanga Band has worked diligently to ensure that our history and culture is protected and preserved for future generations. And to this end, we request active involvement and input regarding the Project. The Project is located in an area that is rich with cultural resources associated and affiliated with the PechangalLuiseno people, and the Pechanga Band proposes the actions below in order to properly protect all cultural resources that may be impacted by the build out of the Project. Proposed Mitigation Measures/Conditions of Approval for the Proiect The EIR for this project recognizes that thc Project is located in a culturally sensitive area, and included in the mitigation measures that inspection personnel monitor onsite grading. The Pechanga Band believes that additional measures should be taken to properly address the impacts that may occur to cultural resources. 1. Prior to the issue of a grading permit, the Project owner/developer shall enter into a treatment plan with the pechanga Band that addresses the disposition of all cultural resources that may be impacted as a result of the build out of the Project. The treatment plan will also address mitigation monitoring of the project. 2. If any cultural resources are exposed during initial grading and ground disturbance activities, the pechanga Band will evaluate the resources and provide recommendations regarding the disposition of the resources. 3. And with regards to the disposition of Native American human remains (14. Cultural Resources d., pp20-21), the procedures set forth under Public Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need RECEXVED: 4/24/03 8:44AM; ->CXTY OF TEMECULA; #476; PAGE 3 04/24/2003 THU 09:23 FAX 9095069491 Pechanga Cultural Center 003 Resources Code Sec. 5097.97 et al shall govern such inadvertent discoveries. Based on the lo~ation of the Project and its proximity to the P~chan§a Indian Reservation, the Pechanga Band will exercise all its fights, under ex)sting state and federal laws regarding the discovery of Native American remmns. Working together, on a government-to-government basts,thc Pechanga Band and the City of Temecula can preserve and protect the invaluable Luisefio resources within the City's sphere of influence. The pechanga Band appreciates the opportunity to provi.de comments on the Harveston (Planning Application No. PA02-0674, PA02XI623, PA02- 0648, and PA02-0673), and we look forward to working together with the City of Temecula to protect the invaluable Luiseno cultural resources. Sincerely, John A. Gomez, Jr. Cultural Resource Analyst Pechanga Cultural Resources ' Temecula Band of LuiseFto Mission Indians Post Office Box 2183 ° Temecula, CA 92592 Sacred Is The Duty Trusted Unto Our Care And With Honor We Rise To The Need ATTACHMENT NO. 6 EXHIBITS R:\S P~Harveston SP~02-0674 - ~UFM 31053\Staff Report and COAs doc 76 CITY OF TEMECULA PROJECT SITE CASE NO. - PA02-0623, PA02-0648, PA02-0673, and PA02-0674 EXHIBIT - A ~ PLANNING COMMISSION DATE- May 7, 2003 VICINITY MAP R:\S P\Harveston SP\02-0674 - TTM 31053\Staff Repod and COAs.doc 77 CITY OFTEMECULA EXHIBIT B - GENERAL PLANMAP DESIGNATION ~LM) LOW MEDIUM PROJECT SI'F EXHIBIT C - ZONING DESIGNATION - CASE NO. - PA02-0623, PA02-0648, PA02-0673, and PA02-0674 PLANNING COMMISSION DATE - May 7, 2003 R:\S P\Harveston SP\02-0674 - ~I'M 31053\Staff Report and COAs doc ITEM #5 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION May 7, 2003 Planning Application No. PA02-0627 (Extension of Time) Prepared By: Rick Rush, Associate Planner ADOPT a Notice of Determination for Planning Application No. PA03-0627 pursuant to Section 15162 of the California Environmental Quality Act; ADOPT a Resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0627 A ONE YEAR EXTENSION OF TIME (THE FIRST ONE YEAR EXTENSION OF TIME) FOR PLANNING APPLICATION NO. PA99-0317 (DEVELOPMENT PLAN) TO DESIGN, CONSTRUCT AND OPERATE A 220-UNIT, TWO AND THREE-STORY APARTMENT COMPLEX WITH A POOL, CLUBHOUSE, WORKOUT BUILDING AND TOT LOT ON APPROXIMATELY 21- ACRES LOCATED ON THE SOUTH SIDE OF RANCHO CALIFORNIA SOUTHEAST OF THE INTERSECTION OF RANCHO CALIFORNIA ROAD AND MORAGA ROAD, KNOWN AS ASSESSOR'S PARCEL NO. 944-290-011. APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: EXISTING ZONING: AGK Group LLC. An Extension of Time for Planning Application No. PA99- 0317, a Development Plan to design, construct and operate a 220-unit, two and three-story apartment complex with pool, clubhouse, workout building and tot lot on approximately 21 acres. On the south side of Rancho California Road, southeast of the corner of Rancho California Road and Moraga Road (APN 944-290-011 ). Medium Density Residential (M) R:\E O Tx2002\02-0627 Tem¢cula Ridge Appts\Smff Report.doc SURROUNDING ZONING: North: South: East: West: High Density Residential (H) High Density (H) and Low Medium Density Residential (LM) PDO-5 Professional Office (PO) and High Density Residential (H) GENERAL PLAN DESIGNATION: Medium Density Residential (M) EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: Woodcreek and Portofino Apartments Mira Loma and Rancho Apartments, and single family dwellings on Levande Place Approved mixed use project with a 160-unit apartment complex Vacant & Summer Breeze Apartments; Rancho California Medical Plaza beyond BACKGROUND The City Council approved Planning Application 99-0317 on December 12, 2000. Since the approval date, the applicant has been working with staff to satisfy all the mitigation measures placed on the project as a result of the environmental review. On May 24, 2002, the applicant satisfied all mitigation measures that needed to be met pdor to issuance of a grading permit. Since issuance of the grading permit, the applicant has been working to export approximately 200,000 cubic yards of dirt from the site. These two factom have necessitated the need for the applicant to request an extension of time for Planning Application No. PA99-0317. The expiration of this approval was December 12, 2002. Prior to the expiration, the applicant applied for an extension of time. This first time extension request was submitted to the Planning Department on November 21,2002. PROJECT DESCRIPTION The applicant is proposing a one-year extension of time for Planning Application No. 99-0317. A Development Plan for the design, construction and operation of a 220-unit, two and three-story apartment complex with pool, clubhouse, workout building and tot lot on approximately 21 acres. The applicant has requested the Extension of Time in accordance with Section 17.05.010H of the Development Code. As previously mentioned, the applicant was issued a grading permit for the project. In addition to the grading permit, the applicant has processed the construction plans through the Building Department, which have been approved. Also, the applicant has submitted the construction landscape plans to the Planning Department for review. Staff anticipates upon the next resubmittal the plans will be approved. ANALYSIS The project, as proposed complies with the City's Development Code and the findings for a Development Plan. However, during review of the time extension request, the Community Services Department has requested adding and amending certain Conditions of Approval to reflect changes in current activities and/or codes. R:\E O Tx2002\02-0627 Tcmccula Ridge Appts\Staff Report doc 2 The Community Services Department is now requesting that Condition of Approval numbers 99 and 100 be modified and that Conditions of Approval numbers 101, 102 and 106 be added. The conditions are related to maintenance of landscaping, street light maintenance and using the City's franchise waste hauler. ENVIRONMENTAL DETERMINATION A Negative Declaration was adopted for this project and recorded with the Riverside County Recorders office. Staff has reviewed the time extension request and determined that no new significant environmental changes have occurred since the Negative Declaration was adopted. It is therefore staff's opinion that this project qualifies under CEQA for a "Determination of Consistency" with a project for which a Negative Declaration was previously adopted (Section 15162 - Subsequent EIR's and Negative Declarations). CONCLUSION/RECOMMENDATION The project, as conditioned, is consistent with all applicable City ordinances, standards, guidelines, and policies. The project is compatible with surrounding developments in terms of design and quality, and staff recommends approval of the time extension as originally conditioned along with noted modifications/additions. FINDINGS Development Plan (Section 17.05.010F) The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed use and the design of the project is compatible with the General Plan designation and zoning of Medium Density Residential (7 - 12 dwelling units per acre). The project proposes a density of 11.78, which is within the range specified. It is in conformance with the policies as stated in the General Plan and with all applicable requirements of State Law and other ordinances of the City including the Development Code, Ordinance No. 655 (Light Pollution Ordinance), and the City's Water Efficient Landscaping Ordinance. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformance with the City's General Plan, Development Code, and Landscaping Ordinances. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development conforms to City Standards. Access and circulation are adequate for the general public and for emergency vehicles. R:\E O T~2002\02-0627 Temecula Ridge App~\S~aff Reporl doc 3 Attachments 1. PC Resolution - Blue Page 5 Exhibit A - Conditions of Approval - Blue Page 9 2. Exhibits - Blue Page 26 A. Vicinity Map B. General Plan Map C. Zoning Map R:\E O 'P,2002\02-0627 Temecula Ridge App~s\Staff Report doc 4 ATFACHMENT NO. 1 PC RESOLUTION NO. 2003- R:\E O T~2002\02 0627 Temecula Ridge Appts\Staff Report.doc PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0627 A ONE YEAR EXTENSION OF TIME (THE FIRST ONE YEAR EXTENSION OF TIME) FOR PLANNING APPLICATION NO. PA99-0317 (DEVELOPMENT PLAN) TO DESIGN, CONSTRUCT AND OPERATE A 220-UNIT, TWO AND THREE-STORY APARTMENT COMPLEX WITH A POOL, CLUBHOUSE, WORKOUT BUILDING AND TOT LOT ON APPROXIMATELY 21- ACRES LOCATED ON THE SOUTH SIDE OF RANCHO CALIFORNIA SOUTHEAST OF THE INTERSECTION OF RANCHO CALIFORNIA ROAD AND MORAGA ROAD, KNOWN AS ASSESSOR'S PARCEL NO. 944-290-011. WHEREAS, AGK Group LLC., filed Planning Application No. 02-06627 (Extension of Time Application), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on May 7, 2003, 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; WHEREAS, 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; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 17.05.01 OF of the Temecula Municipal Code: The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed use and the design of the project is compatible with the General Plan designation and zoning of Medium Density Residential (7- 12 dwelling units per acre). The project proposes a density of 11.78, which is within the range specified. It is in conformance with the policies as stated in the General Plan and with all applicable requirements of State Law and other ordinances of the City including the Development Code, Ordinance No. 655 (Light Pollution Ordinance), and the City's Water Efficient Landscaping Ordinance. R:\E O T~2002\02-0627 Temecula Ridge Appls\Staff Report.doc 6 The overall development of the land is designed for the protection of the public health, safety, and general welfare. The overall development of the land is designed for the protection of the public health, safety, and general we/fare. The type of improvements is not likely to cause serious public health problems. The project has been reviewed for conformance with the City's Genera/ Plan, Development Code, and Landscaping Ordinances. The project is consistent with these documents and conditions of approval have been p/aced on the project accordingly to assure that the development conforms to City Standards. Access and circulation are adequate for the genera/public and for emergency vehicles. Section3. Environmental Compliance. The project will have no significant environmental impacts and has been found to be consistent with a previously adopted Mitigated Negative Declaration, Pursuant to Section 15162 of the California Environmental Quality Act. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA02-0627 (The first Extension of Time for a Development Plan) an Extension of Time for Planning Application No. 99-0317, a Development Plan to design, construction and operation of a 220-unit, two and three-story apartment complex with pool, clubhouse, workout building and tot lot on approximately 21 acres subject to Exhibit A, attached hereto, and incorporated herein by this reference made a part hereof. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7~h day of May 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary [SEAL] R:\E O T~2002\02-0627 Temecula Ridgc Appts\Staff Reporl.doc 7 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. 2003- 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 May, 2003, by the following vote of the Commission: AYES: 0 PLANNING COMMISSIONERS: None NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Debbie Ubnoske, Secretary R:\E 0 T~2002\02-0627 Temecula Ridge Appts\Staff Report doc 8 EXHIBIT A CONDITIONS OF APPROVAL R:\E 0 Tx2002\02-0627 Temecula Ridge Appts\StaffReport.doc j ! i 9 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA03-0627 - Temecula Ridge Apartments Project Description: The design, construction and operation of a 220-unit, two and three-story apartment complex with pool, clubhouse, workout building and tot lot on approximately 21 acres. Development Impact Fee Category: Residential Attached, $2,167.83 per unit Assessor's Parcel No. 944-290-011 Approval Date: May 7,2003 Expiration Date: December 12, 2003 (retroactive) PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of One Thousand Three Hundred Fourteen Dollars ($1,314.00) which includes the One Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21108(a) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of such failure of to satisfy this condition (Fish and Game Code Section 711.4(c)). General Requirements The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an 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 which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly R:\E O T~2002\02-0627 Temecula Ridge Appts\Staff Report.doc 10 o notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate this land use approval without further notice to the applicant. This approval shall be used within two (2) 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 (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program. If phasing of the project is proposed, the applicant shall submit a Phasing Plan, with appropriate filing fees, to the Planning Manager for review and approval. The development of the premises shall substantially conform to the approved Exhibit "El" through "E4" (Site Plan), contained on file with the Community Development Department - Planning Division. a. The Site Plan shall show a bus turnout on Rancho California Road, at a location approved by the City Engineer and the Riverside Transit Agency. b. The design of the swim facility shall be modified to include a Junior Olympic-sized swimming pool (25 yards in length X 6 lanes in width). (Added and modified by the Planning Commission, August 16, 2000). Landscaping shall substantially conform to the approved Exhibit "H 1" thru "H3" (Landscape Plan) or as amended by these conditions. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Manager. If it is determined that the landscaping is not being maintained, the Planning Manager shall have the authority to require the properly 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. a. Ligustrum or other large evergreen shrubs approved by the City shall be used to screen parking areas and shall be spaced at no more than 3' on center to provide a screen in a reasonable time pedod. b. All parking areas shall be fully screened using evergreen shrubs that can be maintained at a minimum height of 3'. c. All plantings shall be compatible with adjacent existing plantings as approved by the C~ty. d. All parking row ends shall be provided with a minimum 5' wide planting area. This planting area shall be clear of any hardscape and shall be provided with a minimum of one tree, shrubs and ground cover. e. Queen Palms, Canary Island Date Palms or other City approved palm shall be used in place of Washingtonia robusta. f. Final shrub species selection and placement is subject to the review and approval of the City. R:\E 0 Tx2002\02 0627 Temecula Ridge Appts\Slaff Report doc 10. City approved substitutes shall be provided for Lantana species and Myoporum pacificum. These species are subject to freeze in the Temecula area. All off-site graded areas shall be planted and irrigated to the satisfaction of the City Landscape Architect to provide erosion and dust control. All off-site slopes graded or created by this project shall be planted and irrigated and shall meet code planting requirements for slope areas. Alii utilities shall be shown on the landscape construction plans. All utilities shall be screened as approved by the City Landscape Architect. Utilities shall be grouped together in order to reduce intrusion. The applicant shall plan planting beds and design around utilities. Code requirements for slope plantings and irrigation shall be met. Code requires slope banks 5' or greater in vertical height with slopes greater than or equal to 3:1 to be landscaped at a minimum with an appropriate ground cover, one 15 gallon or larger size tree per 600 square feet of slope area, and one 1 gallon or larger shrub for each 100 square feet of slope area. Slope banks in excess of 8' in vertical height with slopes greater or equal to 2:1 shall also be provided with one 5 gallon or larger tree per 1,000 square feet of slope area in addition to the above requirements. All requirements of the City water efficient ordinance, Chapter 17.32, shall be met. Building elevations shall substantially conform to the approved Exhibit "Fl" thru "F7" (Building Elevations), contained on file with the Community Development Department - Planning Division. Ali mechanical and roof equipment shall be screened from public view by amhitectural features integrated into the design of the structure. The colors and materials for this project shall substantially conform to the following list of approved colors and materials and with Exhibit "J" (Color and Material Board) contained on file with the Community Development Department - Planning Division. Any deviation from the approved colors and materials shall require approval of the Planning Manager. Material Color Building walls -Color One -Color Two Garage Doors -Color Three Trim -Color Four Trim -Color Five Roof -Premium Slate Tile Ledger Stone "Kabuki" "Burgundy' "Eldorado" Sinclair #CM8550 Sinclair #CM8510 Sinclair #CM8509 Sinclair #S-3-33T Sinclair #966 Monier Life #5733 (Modified by the Planning Commission, August 16, 2000.) The appficant shall allocate 2% of the apartment units for seniors, Iow or very Iow income residents. (Added by the Planning Commission, August 16, 2000). R:\E O Tx2002\02-0627 Temecula Ridge Appls\Staff Report.doc 11. The project swim facility shall be made available to the local Temecula Swim Club for practices and workouts. The apartment management shall coordinate and schedule regular access and make arrangements with the Swim Club, for use of the facilities for the duration of the Temecula Ridge project. (Added and modified by Planning Commission, August 16, 2000). Prior to the Issuance of Grading Permits 12. 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. 13. Prior to any ground disturbing activities, the applicant shall address the impacts to coastal sage scrub or any other sensitive resoume, as required by the United States Department of the Interior Fish and Wildlife Service (FWS) incidental take permitting process. The applicant shall acquire compensatory mitigation off the project site, or comply with any other requirement by the FWS, and shall provide the City a copy of the incidental take permit issued for the proposed development, prior to the City's issuance of a grading permit. 14. The applicant shall arrange for a qualified Native American Resource expert to conduct a complete walkover of the project site, and to prepare and submit a report with findings and recommendations to the Planning Manager, priorto the issuance of grading permits for any ground-disturbing activities. If any cultural resources or human remains are identified, a qualified archaeologist shall be brought to the site to evaluate the resource. If discovered resources merit long-term consideration, adequate funding shall be provided to collect, curate and report these resources. (Added by the Planning Commission, August 16, 2000). 15. A qualified paleontologist/archaeologist shall be chosen by the applicant for consultation and comment on the proposed grading with respect to potential paleontological/archaeological impacts. A meeting between the paleontologist/archaeologist, Community Development Department - Planning Division staff, and grading contractor prior to the commencement of grading operations and the excavation shall be arranged. The paleontologist/archaeologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils, cultural resources or human remains. If discovered resources merit long-term consideration, adequate funding shall be provided by the applicant to collect, curate and report these resources in accordance with standard archaeological management requirements. 16. The applicant shall work with the Public Works Department to accelerate the modifications to the traffic signal at Moraga Road, or provide an alternative plan to minimize the impacts on Rancho California Road of truck hauling activities during construction. (Added by the Planning Commission, August 16, 2000). 17. The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Community Development Department - Planning Division for their files. 18. The applicant shall revise Exhibits "E," "F," "G," "H," 'T' and "J" (Site Plan, Elevations, Floor Plans, Landscape Plan, Grading Plan, Color and Material Board) to reflect the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and submit five (5) full size copies and two (2) 8" X 10" glossy photographic color prints of approved Exhibit "J" (Color and Materials Board) and of the colored version of approved Exhibit "F", the colored amhitectural elevations to the Community Development Department - Planning Division for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. a. Exhibit "H-3" shall be revised to reflect an 8-foot decorative wrought iron perimeter fence along the south property line. (Added by the Planning Commission, August 16, 2000) arch ...................................................................................... (Deleted by the Planning Commission, August 1~, 2000) Prior to the Issuance of Building Permits 20. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 21. A noise review letter shall be submitted to the Planning Manager for review and acceptance as confirmation that noise barriers will not be required to mitigate noise impacts from Rancho California Road, as identified and discussed in the Preliminary Noise Analysis prepared by Mestre Greve Associates dated February, 2000. a. Mechanical ventilation shall be installed in those dwelling units closest to Rancho California Road which require that windows remained closed in order to meet the interior noise standard of 45 CNEL. Mechanical ventilation shall be noted on plans. 22. The developer shall limit construction activities to the hours between 6:30 a.m. and 6:30 p.m. Monday through Friday, and to the hours between 7:00 a.m. and 6:30 p.m. on Saturdays. No construction can occur on Sundays or holidays. 23. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Community Development Department - Planning Division for approval. These plans shall conform substantially with the approved Exhibit "E", 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 cover page shall identify the total square footage of the landscaped area for the site. 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. One (1) copy of the approved grading plan. c. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with the approved plan). R:\E O T~2002\02-0627 Temecula Ridge Appts\Staff Report doc Prior to the Issuance of Occupancy Permits 24. An Administrative Development Plan application for signage shall be required for any signage not included on Exhibits "D" and "F", or as amended by these conditions. a. A separate building permit shall be required for all signage identified on the approved Exhibits "D" and "F", or as amended by these conditions. b. An Administrative Development Plan application for a comprehensive sign program shall be submitted to and approved by the Planning Manager. 25. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Planning Manager. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 26. Pedormance securities, in amounts to be determined by the Planning Manager, to guarantee the maintenance of the plantings, in accordance with the approved construction landscape and irrigation plan, shall be filed with the Community Development Department - Planning Division for 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 Planning Manager, the bond shall be released. Each parking space reserved for the handicapped shall be identified by a permanently affixed refiectorized sign constructed of pomelain 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 if 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, cleady 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 909 696-3000." 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 3 square feet in size. 28. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. DEPARTMENT OF PUBLIC WORKS 29. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. R:\E O T~2002\02-0627 Temecula Ridge AppLe\Staff Report.doc General Requirements 30. A Grading Permit for either rough and/or 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. 31. An Encroachment Permit shall be obtained from the Depariment of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 32. All improvement plans, grading plans, and raised landscaped median 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. 33. Lot "A" shall be restricted to right in/right out vehicular movements. Prior to Issuance of a Grading Permit 34. 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. 35. 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. 36. 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. 37. 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. 38. 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 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. 39. A drainage study shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed substantially in conformance with the conceptual grading plan. The Drainage Study shall investigate whether the storm drain shall enter empire creek upstream or downstream of the existing concrete lined sewer line crossing. Improvements in the southeast region of the development shall be constructed in such a manner as to not increase flows into the existing Tract 8369-1 storm drain structure at any of its entry points. R:\E O Tx2002\02 0627 Temecula Ridge Appts\Staff Report.d~c 40. A drainage easement shall be obtained from the affected property owners as specifically shown in the conceptual grading plan for the release of concentrated or diverted storm flows into the adjacent property. A copy of the recorded drainage easement shall be submitted to the City for review. 41. All on-site drainage improvements shall be constructed substantially in conformance with the conceptual grading plan, which calls for a storm drain system designed for the 100 year storm. 42. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 43. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Planning Department b. Department of Public Works 44. 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. 45. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 46. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 47. 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 approval of the grading plan, 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. 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. Prior to Issuance of a Building Permit 49. Improvement plans and/or 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: R:\E O Tx2002\02-0627 Temecula Ridge Appts\Staff Report doc 50. ko FIowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula Standard No. 207A. Streetlights shall be installed along the public streets adjoining the site in accordance with Ordinance 461. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401 and 402. Improvement plans shall extend 300 feet beyond the project boundaries. Minimum centedine radii shall be in accordance with City of Temecula's Standard No. 113. All reverse curves shall include a 100ofoot minimum tangent section. All street and driveway centerline intersections shall be at 90 degrees. Public Street improvement plans shall include plan and profile showing existing topography, utilities, and proposed centerline, top of curb and flowline grades. 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. All concentrated drainage directed towards the public street shall be conveyed through undersidewalk drains. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Rancho California Road (Arterial Highway Standards - 110' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), raised landscaped median. b. Improve Moraga Road (Collector Road Standards - 66' R/W) to include dedication of half-width street right-of-way plus twelve feet, installation of full-width at the intersection with Rancho California Road and then transitioned to half-width street improvements plus twelve feet, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). c. The Developer shall design and construct a 14-foot wide raised landscape median on Rancho California Road (Arterial Highway Standards - 110' R/W) from Moraga Road to Lot "A" (along property frontage). The Developer is eligible to receive Development Impact Fee credits for one-half width of the raised landscaped median. Plans shall be reviewed and approved by the Department of Public Works. d. Modify the traffic signal at the intersection of Moraga Road/Rancho California Road from a three way to four way signal to include signal interconnect. A traffic signal plan shall be prepared by a registered engineer or traffic engineer and approved by the Director of Public Works. e. The Developer shall acquire an additional 10 feet of right-of-way along the west side of Moraga Road between Rancho California Road and 200' north of the intersection R:\E O TQ002\02-0627 Temecula Ridge Appts\Staff Report doc 18 51. 52. 53. 54. 55. 56. of Moraga Road and Rancho California Road along with required construction easements. The additional right-of-way is necessary to accommodate a through lane to access the site as part of required offsite improvements. If the Developer cannot acquire the right-of-way, then the Developer shall petition the City to acquire the needed right-of-way in accordance with the terms of Section 66462.5 of the Subdivision Map Act and Condition 18 of these Conditions of Approval even though this is not a final map. The Developer shall connect Moraga Road to existing pavement section of Via Las Colinas to the west of the development as approved by the Director of Public Works. 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. a. Street improvements, which may include, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, 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 e. Traffic signal modification at the intersection of Moraga Road and Rancho California Road The Developer shall improve Lot "A", pdvate road and shared vehicular access easement, to include installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). The horizontal alignment shall be approved by the Director of Public Works. a. Lot"A' driveway opening from Rancho California Road shall be constructed per City Standard No. 207A. b. No parking shall be allowed along Lot "A". "No Parking" signs shall be posted. The Developer shall obtain an easement on Lot "A" over the adjacent property for ingress and egress and emergency vehicles. The Developer shall grant an easement to the adjacent property for ingress and egress and emergency vehicles on Lot "A". The Developer is responsible for constructing a minimum 24-foot wide driveway, completely within his property, in case he is unable to get permission from the adjacent property owner to construct the east half of Lot "A". The driveway shall be designed to meet Fire Depadment and City Standards. 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. R:\E O 'D,2002\02-062'7 Temecula Ridge Appts\Staff Report.doc 57. A Signing and Striping Plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Rancho California Road. 58. Bus bays will be designed at all existing and proposed bus stops as directed by Riverside Transit Agency and approved by the Department of Public Works. 59. 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. 60. 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. Prior to Issuance of a Certificate of Occupancy 61. 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 62. Corner property line cut off shall be required per Riverside County Standard No. 805. 63. All public improvements, including raised landscaped median on Rancho California Road and modification to the signal at Rancho California Road and Moraga Road shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 64. 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. BUILDING AND SAFETY DEPARTMENT 65. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 66. 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 er public rights-of-way. 67. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. R:\E O T~2002\02-0627 Temecula Ridge Appts\$taff ReporLdoc 2O 68. Obtain all building plans and permit approvals prior to commencement of any construction work. 69. Obtain street addressing for all proposed buildings prior to submittal for plan review. 70. Disabled access from the public way to the main entrance of the building is required. The path of travel shall meet the California Disabled Access Regulations in terms of cross slope, travel slope stripping and signage. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 71. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 72. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 73. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 74. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 75. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 76. Provide precise grading plan for plan check submittal to check for handicap accessibility. 77. A pre-construction meeting is required with the building inspector prior to the star[ of the building construction. 78. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. 79. Show all building setbacks FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 80. 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. 81. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 2250 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM for a total fire flow of 2650 GPM with a 2 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. A combination of on-site and off-site super fire hydrants (6"x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 450 feet apart, at each intersection and shall be located no more than 225 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 Ill-B). As required by the California Fire Code, when any portion of the building(s) is in excess of 150 feet from a water supply on a public street, on site fire hydrants are required. For this project on site fire hydrants are required. (CFC 903.2) 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 Ord 460) 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) 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 lbs. GVW. (CFC 8704.2 and 902.2.2.2) 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 podion 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 lbs. GVW with a minimum AC thickness of .25 feet. ( CFC sec 902) 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) Prior to building construction, dead end roadways 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) 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) 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 FirePrevention 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 ) R:~E O T~2002\02-0627 Temecula Ridge Appts\Staff Repor[doc 22 92. 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) 93. Prior to issuance of a Certificate of Occupancy or building final, all commercial buildings shall display street numbers in a prominent location on the street side of the building. The numerals shall be minimum twelve (12) inches in height for buildings and six (6) inches for suite identification on a contrasting background. In strip centers, businesses shall post the suite address on the rear door(s). (CFC 901.4.4) 94. Prior to issuance of a Certificate of Occupancy or building final, a directory display monument sign shall be required for apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 95. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 96. 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 an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 97. 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. The Knox-Box shall be supervised by the alarm system. (CFC 902.4) 98. 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) COMMUNITY SERVICES DEPARTMENT The TCSD has reviewed the Development Plan for the aforementioned project and conditions the project as follows: General Conditions: 99. Prior to installation of arterial street lighting, the developer shall file an application with the TCSD, submit an approved Edison streetlight plan and pay the appropriate energy fees related to the transfer of said street righting into the respective TCSD maintenance program (Amended by the Planning Commission on May 7, 2003). 100. All parkway landscaping, fencing, on site lighting and slope areas adjacent to the development shall be maintained bythe property owner or owners' association (Amended by the Planning Commission on May 7, 2003). R:\E O T~2002\02-0627 Temecula Ridge Appts\Staff Report.doc 23 101. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. (Added by the Planning Commission on May 7, 2003). 102. 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. (Added by the Planning Commission on May 7, 2003). Prior to the Issuance of Building Permits: 103. The developer shall satisfy the City's parkland dedication requirement through the payment of in-lieu fees, based upon the Parkland Dedication Formula in the Temecula Subdivision Ordinance ..... ;'~"'~ "" -;*" ""'~ Fees shall be pro-rated at a per dwelling unit cost prior to the issuance of each building permit requested. (Modified by the City Council, December 12, 2000). 104. Landscape plans for the proposed raised median shall be reviewed and approved by the Director of Community Services. (Added by the City Council, December 12, 2000). 105, Installation of the landscape improvements within the median shall commence pursuant to a pre-job meeting with the TCSD Maintenance Superintendent and monitored in accordance with the TCSD inspection process. (Added by the City Council, December 12, 2000). 106. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. (Amended by the Planning Commission on May 7, 2003). Prior to Issuance of Certificates of Occupancy: 107. Any damages caused to the existing Class II bike lane on Rancho California Road as a result of construction shall be repaired or replaced, as determined by the Department of Public Works. 108. The landscape improvements within the raised landscape median shall be completed to TCSD standards prior to the issuance of the first Certificate of Occupancy. (Added by the City Council, December 12, 2000). OTHER AGENCIES 109. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated August 26, 1999, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 110. The applicant shall comply with the recommendations set fodh in the County of Riverside Department of Environmental Health's transmittals dated August 19, 1999 and March 22, 2000, copies of which are attached. R:\E O Tx2002\02-0627 Temecula Ridge Appts\Staff Report doc 24 111. The applicant shall comply with the recommendations set forth in the Rancho California Water Districts transmittal dated August 18, 1999, 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 Name Applicant Signature R:\E O T~2002\02~0627 Temecula Ridge Appts\Staff Report.doc 25 ATTACHMENT NO. 2 EXHIBITS R:\E O Tx2002\02-0627 Temecula Ridge Appts\StaffReport.doc i 26 CITY OF TEMECULA Project SiteI CASE NO. - PA02-0627 EXHIBIT - A PLANNING COMMISSION DATE - MAY 7, 2003 VICINITY MAP R:\E O T~2.002\02-0627 Temecula Ridge Appts\Staff Report.doc 27 CITY OF TEMECULA EXHIBIT B - GENERAL PLAN MAP DESIGNATION -(M) Medium iii i'! ii:. EXHIBIT C - ZONING DESIGNATION -{M) Medium Density Residential CASE NO. - PA02-0627 PLANNING COMMISSION DATE - MAY 7, 2003 R:\E O T~002\02-0627 Temecula Ridge Appts\Stalf Report.doc ITEM #6 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION May 7, 2003 Planning Application No. PA03-0214 (Substantial Conformance) Prepared By: Rick Rush, Associate Planner ADOPT a Notice of Determination for Planning Application No. PA03-0214 pursuant to Section 15162 of the California Environmental Quality Act; ADOPT a Resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0214, A SUBSTANTIAL CONFORMANCE FOR TRACT MAP NO. 23209, TO MODIFY CONDITIONS OF APPROVAL 31 AND 110, GENERALLY LOCATED WEST OF BUTTERFIELD STAGE ROAD AND NORTH OF RANCHO CALIFORNIA AND KNOWN AS ASSESSORS PARCEL NO.S 914-310-018 THROUGH 032 APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: GENERAL PLAN DESIGNATION: EXISTING LAND USE: Shea Homes A Substantial Conformance for Tract Map No. 23209, to modify Conditions of Approval 31 and 110. Located west of Butterfield Stage Road and North of Rancho California Road. Low Medium Density Residential (LM) North: Low Medium Residential (LM) South: Margarita Village Specific Plan (SP#3) East: Margarita Village Specific Plan (SP#3) West: Low Medium Residential (LM) Low Medium Density Residential (LM) Single-family homes R:\SUB CONFORMANCES2003\03-0214 23209\Staff Report.doc SURROUNDING LAND USES: North: South: East: West: Vacant Single Family Residences Vacant/Agricultural Single Family Residential BACKGROUND The applicant submitted the application for review on April 10, 2003. Due to the nature of the request, staff determined that a Development Review Meeting would not be necessary. PROJECT DESCRIPTION Shea Homes has requested a Substantial Conformance to modify two Conditions of Approval for Tract Map No. 23209 (No.'s 31 and 110). The conditions currently read as follows: Prior to the issuance of the 75th certificate of occupancy for the entire project area, the applicant shall have completed to the satisfaction of the Community Services Director Temecula Community Services District all park site improvements relevant to Lot No. 221 of Tentative Tract Map No. 23209. (Revised at the Planning Commission meeting on March 16, 1992). 110. Prior to the issuance of the 75th certificate of occupancy for the entire project area, the applicant shall comply with the requirements stipulated in Condition of Approval #31, contained here within." The applicant has requested that the conditions be modified to read: 31. Prior to the issuance of the 171st building permit for the entire project area, the applicant shall have completed to the satisfaction of the Temecula Community Services District all park site improvements relevant to Lot No. 221 of Tract Map No. 23209. 110. Prior to the issuance of the 171st building permit for the entire project area, the applicant shall comply with the requirements stipulated in Condition of Approval #31, contained here within. ANALYSIS The requested Conditions of Approval to be modified are directly related to the park site to be constructed on Lot No. 221. The Temecula Community Services District has reviewed the proposed modifications and has determined that the proposed modified conditions are acceptable. ENVIRONMENTAL DETERMINATION A Negative Declaration was adopted for this project and recorded with the Riverside County Recorders office. Staff has reviewed the project and determined that no new significant environmental effects have occurred since the Negative Declaration was adopted. It is therefore staff's opinion that this project qualifies under CEQA for a "Determination of Consistency" with a project for which a Negative Declaration was previously adopted (Section 15162 - Subsequent EIR's and Negative Declarations). R:\SUB CONFORMANCES003\03-0214 23209\Staff Report.doc CONCLUSION/RECOMMENDATION Staff has determined that the proposed project is consistent with the General Plan, City's Design Guidelines, and conforms to all of the applicable development regulations. Staff recommends approval of the Substantial Conformance with the modified conditions of approval. FINDINGS (Tract Map 16.09.070): The proposed subdivision and the design and improvements of the subdivision are consistent with the Subdivision Ordinance, Development Code, General Plan, and the City of Temecula Municipal Code; Staff has reviewed the proposal and finds that Parcel Map No. 23209 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code. The tentative map does not 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 pamels following division of the land will not be too small to sustain their agricultural use; The proposed land division is not land designated for conservation or agricultural use. The site is physically suitable for the type and proposed density of development proposed by the tentative map; The project consists of a Tract Map on properly designated for Residential Dwellings, which is consistent with the General Plan, as well as, the development standards for the Low Medium Density residential zoning designation. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidable injure fish or wildlife or their habitat; The project has been reviewed by the Army Corps of Engineers and the California Department of Fish and Game to insure that this subdivision will not cause significant environmental damage or cause substantial injury to fish or wildlife or their habitat. The CEQA Guidelines Section 15162 provides and exemption for projects where a previous Negative declaration has been adopted. The usage of this exemption indicates that the impacts are not likely to cause significant damage to the environment. 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 commented on by the Fire Safety Division and the Building Safety Division. As a result, the project will be conditioned to address their concerns. Further, provisions are made in the General Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. R:\SUB CONFORMANCES2003\03-0214 23209\Staff Repod doc 6. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; There are solar possibilities a variable to the tentative parcel map; however, the applicant has not submitted any information in regard to solar possibilities. 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; The Public Works Department, who expressed no concerns regarding potential conflicts with easements or accesses, reviewed the proposed division of land. The subdivision is consistent with the City's parkland dedication requirements (Quimby); The applicant is responsible for payment of fees, which will address the City's parkland dedication requirements. Attachments 1. PC Resolution - Blue Page 5 Exhibit A - Conditions of Approval - Blue Page 9 2. Shea Homes Letter Dated April 10, 2003 - Blue Page 26 3. Exhibits - Blue Page 27 R:\SUB CONFORMANCES003\03-0214 23209\Staff ReporLdoc 4 ATTACHMENT NO. 1 PC RESOLUTION NO. 2003- ~UB CON FO R MANC E~2.003\03-0214 PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0214, A SUBSTANTIAL CONFORMANCE FOR TRACT MAP NO. 23209, TO MODIFY CONDITIONS OF APPROVAL 31 AND 110, GENERALLY LOCATED WEST OF BUTFERFIELD STAGE ROAD AND NORTH OF RANCHO CALIFORNIA AND KNOWN AS ASSESSORS PARCEL NO.S 914-310-018 THROUGH 032 WHEREAS, Shea Homes, filed Planning Application No. PA03-0214 (Substantial Conformance), in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on May 7, 2003, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested pemons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, 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; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs The Planning Commission, in approving the Application hereby makes the following findings as required by Sections Section Tract Map 16.09.070 of the Temecula Municipal Code: The proposed subdivision and the design and improvements of the subdivision are consistent with the Subdivision Ordinance, Development Code, General Plan, and the City of Temecula Municipal Code; Staff has reviewed the proposal and finds that Parcel Map No. 23209 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code. The tentative map does not 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 their agricultural use; The proposed land division is not land designated for conservation or agricultural use. R;\SUB CONFORMANCE~O03\03-0214 23209\Staff Repod.doc b The site is physically suitable for the type and proposed density of development proposed by the tentative map; The project consists of a Tract Map on property designated for Residential Dwellings, which is consistent with the General Plan, as well as, the development standards for the Low Medium Density residential zoning designation. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidable injure fish or wildlife or their habitat; The project has been reviewed by the Army Corps of Engineers and the California Department of Fish and Game to insure that this subdivision will not cause significant environmental damage or cause substantial injury to fish or wildlife or their habitat. The CEQA Guidelines Section 15162 provides and exemption for projects where a previous Negative declaration has been adopted. The usage of this exemption indicates that the impacts are not likely to cause significant damage to the environment. 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 commented on by the Fire Safety Division and the Building Safety Division. As a result, the project will be conditioned to address their concerns. Further, provisions are made in the Genera/Plan and the Development Code to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; There are solar possibilities available to the tentative pamel map; however, the applicant has not submitted any information in regard to solar possibilities. o 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; The Public Works Department, who expressed no concems regarding potential conflicts with easements or accesses, reviewed the proposed division of land. 8. The subdivision is consistent with the City's parkland dedication requirements (Quimby); The applicant is responsible for payment of fees, which will address the City's parkland dedication requirements. Section 3. Environmental Compliance. The project will have no significant environmental impacts and has been found to be consistent with a previously adopted Mitigated Negative Declaration, Pursuant to Section 15162 of the California Environmental Quality Act. R:\SUB CONFORMANCES2003\03-0214 23209\Staff Report.doc ? Section 4. Conditions That the City of Temecula Planning Commission hereby conditionally approves the Application, a request to modify Conditions of Approval 31 and 110, set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of May 2003. ATTEST: Dennis Chiniaeff, Chairperson 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 certifythat PC Resolution No. 2003-. was duly and regularly adopted by the Planning Commission of the th City of Temecula at a regular meeting thereof held on the 7 day of May, 2003, by the following vote of the Commission: AYES: 0 PLANNING COMMISSIONERS: None NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None Debbie Ubnoske, Secretary R:\SUB CONFORMANC£~2003\03-0214 23209\Staff Report.doc R EXHIBIT A CONDITIONS OF APPROVAL R:\SUBCONFORM~ EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL AMENDED FINAL COPY (As modified as a part of Planning Application No. PA03-0214) Tentative Tract Map No: Project Description: Assessor's Parcel No.: 23209 221 Lot residential subdivision on 80 acres, zoned LM (Low Medium Density Residential). 914-310-018 through 032 PLANNING DEPARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule A, 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 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is June 9, 2002. 3. Any delinquent property taxes shall be paid prior to recordation of the final map. Legal paved access as required by Ordinance 460 and the Department of Public Works shall be provided from the tract map boundary to a City maintained road. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated January 7, 1992 a copy of which is attached. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 9, 1991 a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. 10. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated December 19, 1991, a copy of which is attached. R:\SUB CONFORMANCES2003\03-0214 23209\Staff Report.doc 11. 12. 13. 14. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the City's LM zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Temecula Community Services District. (Changed per the Planning Commission meeting on March 16, 1992). Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. Ao The following note shall be placed on the Environmental Constraints Sheet: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: Prior to the issuance of grading permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape amhitect, and shall provide for the following: a. Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. b. Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. c. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. d. Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. e. Wall plans shall be submitted for the project perimeter and along La Serena Way. Wooden fencing shall not be allowed on the perimeter of the project. All lots with slopes leading down from the lot shall be provided with gates in the wall for maintenance access. f. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. R:\SUB CONFORMANCE/2003\03-0214 23209\Staff Repod.doc Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of-way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All existing specimen trees and significant rock outcroppings on the subject property shall be shown on the project's grading plans and shall note those to be removed, relocated and/or retained. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. Any oak trees removed with four (4) inches or larger trunk diameters shall be replaced on a ten (10) to one (1) basis as approved by the Planning Director. Replacement tress shall be noted on approved landscaping plans. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: 1. Techniques, which will be utilized to prevent erosion and sedimentation during and after the grading process. 2. Approximate time frames for grading and identification of areas, which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. 4. Areas of temporary grading outside of a particular phase. All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall be contour-graded incorporating the following grading techniques: 1. The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. 2. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. 3. The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. 4. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Prior to the issuance of grading permits, the developer shall provide evidence to the Depadment of Public Works that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the n~..~., cf D,,~..~ ~^,~.~.~ ity ~r- ........................ Temecula Commun Services District. (Changed at the Planning Commission meeting on March 16, 1992). R:\SUB CONFORMANCES2003\03-0214 23209\Staff Report.doc 15. 16. 17. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. Prior to the submittal of building plans to the Department of Building and Safety an acoustical study shall be per[ormed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to 45 Ldn. All building plans for all new structures shall incorporate, all required elements from the subdivision's approved fire protection plan as approved by the County Fire Marshal. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant (Class A) roofs as approved by the Fire Marshal. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. Roof-mounted equipment shall be shielded from view of surrounding property. Building separation between all buildings including fireplaces shall not be less than ten (10) feet. All street side yard setbacks shall be a minimum of ten (10) feet. All front yards shall be provided with landscaping and automatic irrigation. Prior to the issuance of first OCCUPANCY PERMITS or model home the following conditions shall be satisfied: (Revised at the Planning Commission meeting on March 16, 1992). All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. R:\SUB CONFORMANCES2003\03 0214 23209\Staff Repod.doc 18. 19. 20. 21. 22. Bo All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. agr .......................... ~- .... , ..... , .............................................. ¢.v. .......... -,.,..v.-..~ (Struck at the Planning Commission meeting on March 16, 1992). Prior to the issuance of grading permits, or any use allowed by this entitlement, the developer shall submit to the Planning Department for review, a copy of all required agency clearances, and/or a biology study focusing on any, and all listed or endangered species. The report(s) shall contain but not be limited to information relative to quality, density, and extent of occupied habitat. In addition, the developer shall comply with any processes required to mitigate the potential disturbance of any species or habitat. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 23209, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or falls to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 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 at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. 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 bythe developer, atthe developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 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. All utilities, except electrical lines rated 33ky or greater, shall be installed underground. R:\SUB CONFORMANCES2003\03-0214 23209\Staff Reporl.doc COVENANTS, CONDITIONS AND RESTRICTIONS/RECIPROCAL ACCESS EASEMENTS: 23. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final approval of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. 24. No lot or dwelling unit 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 dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City 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. 25. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. 26. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 27. Ail existing specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approved by the Planning Director. 28. Any oak trees removed with four (4) inch or larger trunk diameters shall be replaced on a ten (10) to one (1) basis as approved by the Planning Director. 29. C~ * cf """~;';"" F!ch ""'~ ~-"'~" C'"'"c c,.,.,;,-,,. '~ ..................................... ,~,. (Struck at the Planning Commission meeting on March 16, 1@92). 30. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), R:\SUB CONFORMANCES003\03-0214 23209\Staff Repod.doc ]5 which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty-Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cai. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). ~ ~ ~ nn,~ Prior to the issuance of the 171st building permit for the entire project area, the applicant shall have completed to the satisfaction of the Temecula Community Services District all park site improvements relevant to Lot No. 221 of-Tract Map No. 23209 (Modified by the Planning Commission on May 7, 2003). 32. Prior to the issuance of any occupancy permits the developer shall submit to the City a disclosure statement for the tract area which identifies the potential future impact of noise associated with the potential placement of wind machines at the adjacent vineyard. Said disclosure shall inform buyers that rights to protest have been waived by the developer. Said document shall be subject to the approval of the Planning Director and the City Attorney. Said approval shall be obtained prior to the issuance of occupancy permits. The City will require that said document will be submitted to and signed in agreement by future residential occupants. (Added at the Planning Commission meeting on Mamh 16, 1992). DEPARTMENT OFPUBLIC WORKS The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. it is understood that the Subdivider has correctly shown on the tentative map all existing and proposed easements, traveled ways, improvements constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PRIOR TO RECORDATION OF THE FINAL MAP: 33. "Prior to recordation of the final map, an Assessment District or other public financing mechanism shall be established to address access to the area Trcct clc,",g Butterfield Stage Road and Nicholas Road. The Subdivider shall participate in and pay for its fair sham of any such Assessment District or other public financing mechanism formed to provide the improvements." (Amended at City Council August 11, 1992) 34. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: R:\SUB CONFORMANCES003\03-0214 23209\Staff Reporl,doc ]6 35. 36. 37. 38. 39. 40. 41. B. C. D. E. F. G. H. I. J. Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CATV Franchise; Parks and Recreation Department; and Metropolitan Water District. 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. All road easements and/or street dedications shall be offered for dedication to the public 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. The former Walcott Land alignment shall be used by the TCSD as a pedestrian access and landscaped parkway in conjunction with the adjacent public park site. Provision shall also be made for right of way dedication to provide for the remainder of the cul-de-sac bulb for Leigh Lane. Developer shall improve the former section of Walcott Lane as part of the park improvements within Lot No. 221. Streets '%", "B", "C", "D", "E", "G", "H", "J", "K", "L", "M", "N" and "O" shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). Streets "F" and "l" shall be improved with 36 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 105, Section A (60'/36'). Improve Walcott Lane (Modified Principal Collector Highway Standards - 70' R/W) to include dedication of street right-of-way, installation of street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve La Serena Way (Secondary Highway Standards - 88' RNV) to include dedication of street right-of-way, installation of street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). R:\SUB CONFORMANCES003\03-0214 23209\Staff Report.doc 42. 43. 44. 45. 46. 47. 48. 49. 50. Improve Butterfield Stage Road (Arterial Highway Standards - 110' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements plus one 12' lane, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), raised landscaped median. The design shall conform to the vertical alignment approved by City Council on November 12, 1991. Standard cul-de-sacs and knuckles and offset cul-de-sacs shall be constructed throughout the land division. The subdivider shall provide/acquire sufficient public offsite rights-of-way to provide for primary and secondary access road(s) to a paved and maintained road. Said access road(s) shall be constructed in accordance with City Standard No. 106, Section B. (32'/60') at a grade and alignment approved bythe Department of Public Works. Said offsite access roads shall include, but not be limited to, the southerly and easterly extensions of Buttertield Stage Road to Rancho California Road or as approved by the Department of Public Works. East and west bound left turn lanes shall be provided on La Serena Way at the intersections with Walcott Lane, Street "B" and Butterfield Stage Road as approved by the Department of Public Works. Vehicular access shall be restricted on Buttertield Stage Road and La Serena Way and so noted on the final map with the exception of street intersections and driveways as approved by the Department of Public Works. Corner property line cut off shall be required per Riverside County Standard No. 805. Minimum lot frontages along the cul-de-sacs and knuckles shall be 35 feet. 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 and recorded as directed by the Department of Public Works. A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be subject to the following Engineering conditions: The CC&R's shall be prepared at the developer's sole cost and expense. The CC&R's shall be in the form and content approved by the Director of Planning, 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 interest of the City and its residents. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of Planning, Department of Public Works, and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. R:\SUB CONFORMANCES2003\03-0214 23209\Staff Repod doc 51. 52. 53. 54. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and related facilities. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. 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 owneCs 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. 1. The declaration shall contain language prohibiting further subdivision of any lots, whether they are lettered lots or numbered lots. 2. All parkways, 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 Planning and the Department of Public Works prior to issuance of building permits. 3. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all reads, drives or parking areas shall be provided by 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. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. C. D. E. F. Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, and other traffic control devices as appropriate. Storm drain facilities. Landscaping (street and parks). Sewer and domestic water systems. All trails, as required by the City's Master Plans. Undergreunding of proposed utility distribution lines. The street design and improvement concept of this project shall be coordinated with adjoining developments. Street lights shall be provided along streets adjoining the subject site in accordance with the requirements of Ordinance No. 461 and as approved by the Department of Public Works. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. R:\SUB CONFORMANCES003\03-0214 23209\Staff Report.doc 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. Street names shall be subject to the approval of the Building and Safety Department. The minimum centerline radii shall be 300 feet or as approved by the Department of Public Works. All street and driveway centerline intersections shall be at 90 degrees or as approved bythe Department of Public Works. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Department of Public Works. A minimum centerline street grade shall be 0.50 percent. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 401 (curb sidewalk). All driveways shall be located a minimum of two (2) feet from the side property line. A minimum of 4 feet of full height curb shall be constructed between driveways. The minimum garage setback shall be 30 feet measured from the face of curb. The subdivider shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. Letters of permission from adjacent owners shall be provided for all offsite grading work. A geological report shall be prepared by a qualified engineer or geologist and submitted as directed by the Department of Public Works at the time of application for grading plan check. All work shall be in conformance with the County Geologist's letter dated April 28, 1989, and any subsequent amendments. The subdivider shall submit two (2) copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. A drainage study shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the Department of Public Works. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements 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." A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the City for review prior to the recordation of the final map. R:\SUB CONFORMANCES2003\03-0214 23209\Staff Report.doc 20 69. A copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. 70. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 71. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 72. The developer shall record an Environmental Constraint Sheet delineating areas of identified environmental concerns and shall be permanently filed with the Department of Public Works. 73. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. 74. Ahern Lane (66' R/W) to include dedication of street right-of-way, installation of street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). PRIOR TO ISSUANCE OF GRADING PERMITS: 75. Prior to issuance of a grading permit, developer must obtain a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until a NPDES permit is granted or the project is shown to be exempt. 76. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. 77. Prior to any work being performed on the private streets or drives, fees shall be paid and a construction permit shall be obtained from the Department of Public Works. 78. A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of-way. 79. No grading shall take place prior to the improvement plans being substantially complete, appropriate clearance letters have been obtained, and approval of the grading plan has been granted by the Department of Public works. 80. If grading is to take place between the months of October and April inclusive, erosion control and runoff mitigation plans will be required. All plans shall be submitted with appropriate notes as directed and approved by the Department of Public Works. R:\SUB CONFORMANCES2003\03-0214 23209\Staff Report.doc 81. All lot drainage shall be to the street by side yard drainage swales independent of any other lot. 82. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. 83. A permit from the County Flood Control District is required for work within their right-of-way. PRIOR TO BUILDING PERMIT: 84. 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. 85. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 86. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post security to secure payment of the Public Facility fee. The amount of the security shall be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 87. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 88. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Traffic control plans shall be provided as directed by the Department of Public Works, and may be required to be prepared by a registered Civil Engineer. R:\SUB CONFORMANCES2003\03-0214 23209\Staff Repod.doc 22 89. Asphaltic emulsion (fog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. TRANSPORTATION ENGINEERING PRIOR TO RECORDATION OF THE FINAL MAP: 90. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Butterfield Stage Road and La Serena Way and shall be included in the street improvement plans. 91. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 92. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 93. All signing and striping shall be installed per the approved signing and striping plan. 94. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 95. Provide limited landscaping in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance. COMMUNITY SERVlCES DEPARTMENT GENERAL REQUIREMENTS: 96. The City's park land dedication requirement (Quimby) shall be satisfied with the development and dedication of 2.9 acres of park land, which will include the former Walcott Lane alignment described in Public Works Condition No. 37, so long as it is available for pedestrian access, landscaping and park purposes. 97. The installation of the park improvements, slopes and landscaped median on Butterfield Stage Road shall be in conformance with the City of Temecula Landscape Development Plan Guidelines and Specifications. Construction of said improvements shall commence pursuant to a pre-job meeting with the developer and the City Maintenance Superintendent. 98. The developer shall complete the TCSD application/inspection process and pay the appropriate fees prior to the acceptance of street lighting and perimeter slope areas into the respective TCSD maintenance programs. Failure to comply with TCSD procedures may preclude acceptance of these areas into the TCSD maintenance programs. R:\SUB CONFORMANCES003\03-0214 23209\Staff Repod.doc 99. The developer shall maintain the park, slopes and landscaped medians until such time as these responsibilities are accepted by the TCSD or other responsible party. 100. Class II Bike lanes shall be provided on Butterfield Stage Road and completed in concurrence with the road improvements required for this development. PRIOR TO RECORDATION OF THE FINAL MAP: 101. The developer shall enter into an improvement agreement and post securities for the neighborhood park site, landscaped median within Butterfield Stage Road, and the proposed TCSD slope maintenance are~_s. 102. All slopes and parkway landscaping identified as TCSD maintenance areas shall be offered for dedication on the final map. 103. Landscape construction drawings for the park site, landscaped median and proposed TCSD slope maintenance areas shall be reviewed and approved by the Director of Community Services. 104. The developer shall obtain a landscape easement from the adjacent property owner for maintenance of the offsite slope area located to the north of the cul-de-sac bulb on Street "G". Said maintenance easement shall be transferable to the TCSD and improved as part of the La Serena Way slope improvements. 105. The subdivider shall file an application with the TCSD to initiate property owner election proceedings for the dedication and annexation of perimeter slopes and residential street lighting into the respective TCSD maintenance programs. (Added bythe Planning Director, April 30, 1998) PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY 106. The neighborhood park shall be dedicated to the City free and clear of any liens, assessments or easements that would preclude the City from using the property for park purposes. A policy of title insurance and a soils assessment report shall also be provided with the dedication of the property. (Condition relocated by the Planning Director, April 30, 1998) 107. At the time of completion of the park and acceptance by City Council, the developer shall receive fee credits against the remaining parks component of the City's Development Impact Fees based on the actual cost of the onsite park improvements which exceed the Quimby requirements, up to a total maximum credit of $265,815 (165 remaining homes x $1,611 ark component = $265,815). The City shall have the right to review, audit and verify all costs associated with said park improvements. (Condition relocated by the Planning Director, April 30, 1998) 108. Prior to the issuance of the first certificate of occupancy, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 109. 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. R:\SUB CONFORMANCES003\03-0214 23209\Staff Report.doc 24 110. cc,",tc!,".cd hcrc ';:!th!,",. Prior to the issuance of the 171st building permit for the entire project area, the applicant shall comply with the requirements stipulated in Condition of Approval #31, contained here within (Modified by the Planning Commission on May 7, 2003). 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 Name printed Date R:\SUB CONFORMANCES2003\03-0214 23209\Staff ReporLdoc A'I-I'ACHMENT NO. 2 SHEA HOMES LETTER DATED APRIL 10, 2003 R:\S idoc SheaHomes Caring Since 1881 April 10, 2003 Mr. Rick Rush City of Temecula Planning Department 43200 Business Park Drive Temecula, CA 92590 RE: REQUEST FOR MODIFICATION TO CONDITION OF APPROVAL NO. 31 and 101 Dear Rick: Shea Homes is requesting modification to conditions No. 31 and 110 of the approved conditions of approval known as Planning Application No. Pa01-0121 · The condition currently reads as follows: 31. Prior to the issuance of the 75th certificate of occupancy for the entire project area, the applicant shall have completed to the satisfaction of the Community Services Director Temecula Community Services District all park site improvements relevant to Lot No. 221 of Tentative Tract Map No. 23209. (Revised at the Planning Commission meeting on March 16, 1992). 110. Prior to the issuance of the 75th certificate of occupancy for the entire project area, the applicant shall comply with the requirements stipulated in Condition of Approval #31, contained here within. Shea Homes has proposed in exchange for modification to these two conditions relating to the Park completion and modification of a separate agreement with The Department of Public Works, to construct a segment of La Serena Way to a "Full Width Condition". This section of roadway is located on the south side of La Serena way just west of Tract 23209 and east of Poole Court. The property is a single parcel with approximately 348 feet of frontage on La Serena Way. The property will eventually take access off of Calle Elenita located in Tract 23209, however because it does have frontage on La Serena, the City would have required this property to complete the remaining full width improvements to La Serena, which due to cost impacts would most likely cause the property to never be developed. The proposed amendment also reduces stress placed on the City, developer and future residents by removing the threshold from occupancy to permit issuance. 313793 Troona gtroot ~uito 2130. San Dieeo, California 92131 1039, tel: 858-549-3156 fax: 858-549.0112 Shea Homes is proposing the conditions to be amended as follows: 31. Prior to the issuance of the 171st building permit for the entire project area, the applicant shall have completed to the satisfaction of the Temecula Community Services District all park site improvements relevant to Lot No. 221 of Tentative Tract Map No. 23209. 110. Prior to the issuance of the 171st building permit for the entire project area, the applicant shall comply with the requirements stipulated in Condition of Approval//31, contained here within. We respectfully request approval of the proposed modification to the conditions as described above. Please feel free to call me if you should have any questions. Sincerely, SItEA HOMI~/~ DIEGO Community Development Manager Cc: Cathy McCarthy, Temecula Community Services District ATFACHMENT NO. 3 EXHIBITS R:\SUB CONFORIV CITY OF TEMECULA [Project Site I \ ~) CASE NO. - PA03-0214 EXHIBIT - A VICINITY MAP PLANNING COMMISSION DATE - MAY 7, 2003 R:\SUB CONFORMANCES2003\03-0214 23209\Staff Report.doc 28 CITY OF TEMECULA EXHIBIT B - GENERAL PLAN MAP DESIGNATION -(LM) Low Medium EXHIRIT C - ZONING DESIGNATION - (LM) Low Medium Density__Residential CASE NO. - PA03-0214 PLANNING COMMISSION DATE - MAY 7, 2003 R:\SUB CONFORMANCb~2003\03 0214 23209\Staff ReporLdoc ITEM//7 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION May 7, 2003 Planning Application No. PA02-0371 and PA02-0372 Prepared By: Rolfe Preisendanz RECOMMEND TO CITY COUNClL~ ADOPTION of a Negative Declaration based on the Initial Study, which was prepared pursuant to CEQA Guidelines Section 15072. ADOPT a Resolution entitled: PC RESOLUTION NO. 2003-__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING CITY COUNCIL APPROVAL OF PLANNING APPLICATION PA02-0372 A REQUEST FOR A CHANGE OF ZONE FROM LOW DENSITY RESIDENTIAL (L-l)TO LOW DENSITY RESIDENTIAL (L-2), GENERALLY LOCATED ON THE EAST SIDE OF YNEZ ROAD, OPPOSITE QUIET MEADOWS ROAD, APPROXIMATELY 473 LINEAR FEET NORTH OF THE CENTER LINE OF SANTIAGO ROAD, KNOWN AS ASSESSOR PARCEL NO. 945-060-006. ADOPT a Resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING CITY COUNCIL APPROVAL OF PLANNING APPLICATION NO. PA02-0371 TENTATIVE TRACT MAP NO. 30169 SUBDIVIDING ONE SINGLE-FAMILY RESIDENTIAL LOT INTO SEVEN SINGLE-FAMILY LOTS ON 4.57 GROSS ACRES, GENERALLY LOCATED ON THE EAST SIDE OF YNEZ ROAD, OPPOSITE QUIET MEADOWS ROAD, APPROXIMATELY 473 LINEAR FEET NORTH OF THE CENTER LINE OF SANTIAGO ROAD, KNOWN AS ASSESSOR PARCEL NO. 945-060-006. APPLICATION INFORMATION APPLICANT: PROPOSAL: Marchand-Way Development, Dennis Mamhand PA02-0371 A Tentative Tract Map application to subdivide 4.57 gross acres into 7 single-family gated residential lots averaging 0.5 net acres. R:\T M\2002\02-0371 TR 30169 Quiet Meadow RchStaff Report and Conditions of ApprovaLdoc PA02-0372 A Change of Zone application to change the zoning from Low Density Residential (L-l) to Low Density Residential (L-2). LOCATION: Located on the east side of Ynez Road, opposite Quiet Meadow Road and approximately 473 linear feet north of the centerline of Santiago Road. EXISTING ZONING: Low Density (L-1) SURROUNDING ZONING: North: South: East: West: Low Density (L-l) Low Density (L-2) Low Density (L-l) Rancho Highlands Specific Plan GENERAL PLAN DESIGNATION: Low Density (L) EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: Single-family residential South: Single-family residential East: Single family residential West: Single family residential PROJECT STATISTICS (TENTATIVE TRACT MAP 30169) Lot area (gross): Lot area (net) Minimum Lot Area: Maximum Lot Area: Average Lot Area: 199,069 square feet (4.57 acres) 186,001 square feet (4.27 acres) 21,792 square feet (0.50 acres) 35,756 square feet (.82 acres) 30,300 square feet (.69 acres) BACKGROUND The applications for Tentative Tract Map 30169 and a Change of Zone were submitted on July 11, 2002. Also submitted was PA02-0373 a request for a Variance to allow net acreage smaller than half-acre minimum as required by the Development Code. On September 9, 2003 staff notified the applicant's representative, Markham Development Management Group, that the findings for a Variance could not be made and requested that the applicant reconfigure the map and propose a private street, which does not detract from net acreage. The applicant resubmitted plans on November 4, 2002 and was deemed incomplete again on December 4, 2002. The applicant resubmitted a revised Tentative Tract Map on February 3, 2003. During the ensuing review period staff completed an Initial Study on March 3, 2003 and deemed the project complete on Mamh 5, 2003. The project was then scheduled for Planning Commission. R:\T M~2002\02-0371 TR 30169 Quiet Meadow Rd\Staff Report and Conditions of Approval doc 2 PROJECT DESCRIPTION Change of Zone The applicant is proposing a Change of Zone from Low Density Residential (L-l) to Low Density Residential (L-2). The General Plan Land Use Element specifies a density range of .5 to 2 dwelling units per acre (du/ac) for both zoning designations. The proposed change of zone will allow the applicant to subdivide 4.57 gross acres into half-acre lots. Currently the property is zoned (L-l) and only allows one-acre minimum lot sizes. Tentative Tract Map The applicant proposes to subdivide 4.57 gross acres into seven (7) single-family residential lots as shown below. The overall density range equates to approximately 1.53 du/ac. LOT NUMBERS NET LOT SIZE Lot 1 35,756 square feet (.82 acres) Lot 2 26,644 square feet (.61 acres) Lot 3 26,644 square feet (.61 acres) Lot 4 26,915 square feet (.61 acres) Lot 5 25,877 square feet (.59 acres) Lot 6 21,831 square feet (.50 acres) Lot 7 21,792 square feet (.50 acres) Each of the seven single-family lots will take access off of a 50-foot wide private road, which will align with the centerline of Quiet Meadow Road. Quiet Meadow Road is located on the west side of Ynez Road and provides access to the Rancho Highlands subdivision to the west of the proposed subdivision. The proposed private road will be developed as a cul-de-sac and run along the north edge of the tract boundary. Via Serrito to the north of the proposed tract will be vacated to allow for the development of the new private street. The seven lots created by this application will be developed as a gated community. The proposed entry gates will be set back approximately 70 feet from the west property line off of Ynez Road. Lot 1, located on the southeast corner, will be traversed by the private road easement creating a small triangular shaped open space lot on the north side of the street. The Home Owners Association established as a result of this proposal will maintain all common areas such as the open space area of lot 1, the median landscaping in front of the entry gates, the streetscape along Ynez Road and the streetscape along the private road. Lots 1-7 will take access off the private read and will be developed with a privately maintained slope along the north, south, and west boundaries of the property. R:\T M\2002\02-0371 TR 30169 Quiet Meadow Rd\Staff Report and Conditions of ApprovaLdoc 3 ANALYSIS Change of Zone The project is consistent with the City's General Plan land use designation of Low Density Residential (L) and is compatible with other properties of similar L-2 zoning. The property to the south of this proposal was recently changed to L-2 and is currently being developed as a cul-de sac with three single-family homes. Additionally, the approval of a change of zone from L-1 to L-2 is consistent with the desired target density of 1.3 dwelling units per acre as established by the General Plan Land Use Element for Low Density Residential designation (1.5 du/ac proposed). The General Plan EIR analyzed the impacts of development at the target density and no additional impacts will result from this proposal. Mitigation measures approved with the General Plan EIR will be applied to this project where applicable. Tentative Tract Map The proposed seven-lot tentative tract map is consistent with the City of Temecula's Development Code, Subdivision Ordinance and Subdivision Map Act. The seven lots created bythis subdivision have a range of .50 acres to .82 net acres as required by Chapter 17.06.040. Additionally the lots created by this subdivision meet the minimum lot frontage, minimum width at the required setback area, the minimum average width and minimum average lot depth also required by Chapter 17.06.040. Additionally, the proposed subdivision is within the allowed General Plan Land Use Element density range of 0.5 to 2 dwelling units per acre. ENVIRONMENTAL DETERMINATION Because the application did not qualify for a Categorical Exemption an Initial Study was prepared pursuant to CEQA Guidelines Section 15072. Based on the findings of the Initial Study, staff has determined that the project will not have a significant effect on the environment and a Negative Declaration has been prepared. CONCLUSION/RECOMMENDATION The project has been determined by staff to be consistent with all-applicable City ordinances, standards, guidelines, and policies. It is staff's opinion that the project is compatible with surrounding developments in terms of density and recommends approval of Planning Applications PA02-0371 and PA02-0372. Staff recommends that the Planning Commission recommend City Council approval with the following findings and attached conditions: FINDINGS Tentative Tract Map (Section 16.09.140 Temecula Municipal Code) 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; The proposed Map has been reviewed and found to be consistent with the Subdivision Ordinance, the Development Code and the General Plan. The proposed seven lot-single family lots on 4.57 gross acres conforms with the target density range specified in the General Plan. The proposed access to the site has been determined to be consistent with the requirements in the Subdivision Ordinance. Additionally, the reduction of minimum lot sizes as requested by the applicant is consistent with the Development Code. R:\T M\2002\02-0371 TR 30169 Quiet Meadow Rd\Staff Reporl and Conditions of Applova] doc 4 Co Eo 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 pamels following division of the land will not be too small to sustain their agricultural use; The proposed property has not been used as agricultural land and has never entered into any Williamson Act contracts. The site is physically suitable for the type and proposed density of development proposed by the tentative map. Thesiteissuitableforthesevenlotsingle-familyresidentialunitsasproposed. Thedensity forthe project is consistent with and falls within, the Low Density Residential (.5- 2 Dwelling Units per Acre Maximum) as stated in the General Plan. The design of the subdivision and the proposed improvements, with conditions of approval, will not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the project conforms with the certified EIR and all required mitigation measures have been incorporated into the conditions of approval. An Initial Study was prepared pursuant to the guidelines of the California Environment Quality Act. Based on the results of the Initial Study the project will not have a significant effect on the environment or cause significant environmental damage or substantially and avoidably injure fish or wildlife ortheir habitat. A Negative Declaration will be prepared as result. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, because development will be inspected by City Staff prior to occupancy. The Fire Prevention Bureau has reviewed the proposed project and has found that the proposed map will not cause any serious health problems. The map has been conditioned to comply with all current Building Codes and Fire Codes. City staff, prior to occupancy, will inspect any future development of single-family homes. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible, because the construction plans will comply with all applicable building codes and State energy guidelines. The proposed subdivision has been designed to offer the opportunity to provide future alternative heating and cooling opportunities. During the review of the architecture staff will review the plans to insure that the applicant is providing these alternative opportunities. 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, because required off-site dedications and improvements will be acquired as conditions of approval. The proposed subdivision will not be in conflict with any easements acquired by the public at large. The project has been designed taken into account the adjacent public right of ways located along Ynez Road and Quiet Meadow Road. R:\T M\2002\02-0371 TR 30169 Quiet Meadow Rd\Staff Report and Conditions of Approval doc 5 The subdivision is consistent with the City's parkland dedication requirements (Quimby). The Temecula Community Services Distdct has conditioned the applicant to pay the appropfiateQuimbyfees. Theapplicantpriortoanybuildingpermitsbeingpulledforthe project shall pay these fees. Attachments 1. PC Resolution No. 2003- (Change of Zone) - Blue Page 7 2. PC Resolution No. 2003- (Tentative Tract Map 31069) - Blue Page 10 Exhibit A - Cc~nditions of Approval - Blue Page 14 Exhibit B -~ Initial Study - Blue Page 25 3. Exhibits - Blue Page 26 A. Vicinity Map B. General Plan Map/Existing Zoning C. Zoning Map D. Proposed Zoning Map E. Tentative Tract Map 31069 R:\T M\2002\02-0371 TR 30169 Quiet Meadow Rd\S~aff Report and Conditions of Approval.doc 6 ATrACHMENT NO. 1 PC RESOLUTION NO. 2003- FOR PA02-0372 CHANGE OF ZONE R:\T M\2002\02-0371 TR 30169 Quiet Meadow Rd\Smft Report an'd Conditions of Approval doc PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING CITY COUNCIL APPROVAL OF PLANNING APPLICATION PA02-0372 A REQUEST FOR A CHANGE OF ZONE FROM LOW DENSITY RESIDENTIAL (L-l) TO LOW DENSITY RESIDENTIAL (L-2), AND ADOPTION OF A NEGATIVE DECLARATION GENERALLY LOCATED ON THE EAST SIDE OF YNEZ ROAD, OPPOSITE QUIET MEADOWS ROAD, APPROXIMATELY 473 LINEAR FEET NORTH OF THE CENTER LINE OF SANTIAGO ROAD, KNOWN AS ASSESSOR PARCEL NO. 945-060-006. WHEREAS, Marchand-Way Development Inc., filed Planning Application No. PA02-0372 (Change of Zone), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on May 7, 2003, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested pemons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after doe consideration of the testimony, the Commission recommended City Council approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findings. The Planning Commission, in approving Planning Application No. PA02-0372 hereby finds that the amendment to the Official Zoning Map is consistent with the adopted General Plan for the City of Temecula, the site is physically suitable for the type of development that has already occurred in this area, and the proposed change of zone would further the City's long-term land use and housing goals. Section 3. Environmental Compliance. An Initial Study has been prepared for Planning Applications No. PA02-0371 and PA02-0372 in accordance with California Environmental Quality Act. Based on the findings of the Initial Study, staff is recommending that the Planning Commission recommend that the City Council adopt the Negative Declaration prepared. R:~T M~2002\02-0371 TR 30169 Quiet Meadow Rd\Staff Report and Conditions of Approval.doc 8 Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of May 2003. ATTEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie U bnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2003- 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 May, 2003, by the following vote of the Commission: AYES: 0 PLANNING COMMISSIONERS: NOES: 0 PLANNING COMMISSIONERS: ABSENT: 0 PLANNING COMMISSIONERS: ABSTAIN: 0 PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\T M\2002\02-0371 TR 30169 Quiet Meadow Rd~Staff Report and Conditions of Approval.doc 9 ATFACHMENT NO. 2 PC RESOLUTION NO. 2003- PA02-0371 TENTATIVE TRACT MAP 30169 R \T M\2002\02-037 TR 30 69 Qu e Meadoxv Rd\S aff Repor~qd Condi OhS of Approval.doc PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING CITY COUNCIL APPROVAL OF PLANNING APPLICATION NO. PA00-0371 TENTATIVE TRACT MAP NO. 30169 SUBDIVIDING ONE SINGLE-FAMILY RESIDENTIAL LOT INTO SEVEN SINGLE-FAMILY LOTS ON 4.57 GROSS ACRES, GENERALLY LOCATED ON THE EAST SIDE OF YNEZ ROAD, OPPOSITE QUIET MEADOWS ROAD, APPROXIMATELY 473 LINEAR FEET NORTH OF THE CENTER LINE OF SANTIAGO ROAD, KNOWN AS ASSESSOR PARCEL NO. 945-060-006. WHEREAS, Marchand-Way Development Inc., filed Planning Application No. PA02-0371 (Tentative Tract Map No. 30169), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on May 7, 2003, 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; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended City Council approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. The Planning Commission, in recommending approving the Application hereby makes the following findings as required by Section 16.09.140 of the Temecula Municipal Code: Tentative Tract Map (Section 16.09.140) A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, any specific plan and the City of Temecula Municipal Code; The proposed Map has been reviewed and found to be consistent with the Subdivision Ordinance, the Development Code and the General Plan, The proposed seven lot-single family lots on 4.57gross acres conform to the target density range specified in the General R:\T M~2002\02-0371 TR 30169 Quiet Meadow RdkStaff Report and Conditions of Approval doc Plan. The proposed access to the site has been determined to be consistent with the requirements in the Subdivision Ordinance. Additionally, the development ofthe proposed lots as requested by the applicant is consistent with the Development 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 their agricultural use; The proposed property has not been used as agricultural land and has never entered into any Williamson Act contracts, C. The site is physically suitable for the type and proposed density of development proposed by the tentative map. Thesiteissuitableforthesevenlotsingle-familyresidentialunitsasproposed. Thedensity for the project is consistent with and falls within, the Low Density Residential (.5- 2 Dwelling Units per Acre Maximum) as stated in the General Plan. D. The design of the subdivision and the proposed improvements, with conditions of approval, will not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the project conforms with the certified EIR and all required mitigation measures have been incorporated into the conditions of approval. An Initial Study was prepared pursuant to the guidelines of the California Environment Quality Act. Based on the results of the Initial Evaluation, the project will not have a significant effect on the environment or cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Consequently, pursuant to CEQA guidelines a Negative Declaration will be prepared. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, because development will be inspected by City Staff prior to occupancy. The Fire Prevention Bureau has reviewed the proposed project and has found that the proposed map will not cause any serious health problems. The map has been conditioned to comply with all current Building Codes and Fire Codes. City staff prior to occupancy will inspect any future development of single-family homes. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible, because the construction plans will comply with all applicable building codes and State energy guidelines. The proposed subdivision has been designed to offer the opportunity to provide future alternative heating and cooling opportunities. During the review of the architecture staff wifl review the plans to insure that the applicant is providing these alternative opportunities. 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, because required off-site dedications and improvements will be acquired as conditions of approval. R:\T M\2002\0~ 0371 TR 30169 Qui¢l Meadow Rd\Staff Report and Conditions of Approval doc The proposed subdivision will not be in conflict with any easements acquired by the public at large. The project has been designed taken into account the adjacent public right of ways located along Ynez Road and Quiet Meadow Road. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby). The Temecula Community Services District has conditioned the applicant to pay the appropriate Quimby fees. The applicant prior to any building permits being pulled for the project shall pay these fees. Section 3. Environmental Compliance. An Initial Study was prepared with the California Environmental Quality Act as attached in Exhibit B. Based on a finding of no significant environmental impact, the Planning Commission recommends that the City Council approve a Negative Declaration for the application. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally recommends approval of the Application according to the specific conditions set forth in Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of May 2003. ATTEST: Dennis Chiniaeff, Chairperson 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. 2003-__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 May, 2003, by the fo[lowing vote of the Commission: AYES: 0 PLANNING COMMISSIONERS: NOES: 0 PLANNING COMMISSIONERS: ABSENT: 0 PLANNING COMMISSIONERS: ABSTAIN: 0 PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\T M~2002\02-0371 TR 30169 Quiet Meadow Rd\Staff Report and Conditions of Approval doc 13 EXHIBIT A CONDITIONS OF APPROVAL R:\T M\2002\02-0371 TR 30 69 Quiet Meadow RdXStaff Report and Conditions Of Approval doc EXHIBIT A CITY OFTEMECULA CONDITIONS OFAPPROVAL Planning Application No.: PA02-0371 (Tentative Tract Map 30169) Project Description: A Tentative Tract Map to subdivide 4.57 gross acres of land into seven single-family lots, located on the east side of Ynez Road, opposite Quiet Meadow Road and approximately 473 linear feet north of the centerline of Santiago Road. DIF Category: Residential Detached Assessor's Parcel No.: 945-060-006 Approval Date: May 7, 2003 Expiration Date: PLANNING DIVISION May 7, 2006 Within Forty-Eight (48) Hours of the Approval of this Project The applicant 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 three hundred and fourteen dollars ($1314.00) for the County administrative fee, to enable the City to file the Notice of Determination required under Public Resoumes Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant 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)]. General Requirements The tentative tract map shall comply with the State of California Subdivision Map Act and to all the requirements of the City of Temecula's Subdivision Ordinance, unless modified bythe conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, 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 from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, void, annul, 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 R:\T M\2002\02-0371 TR 30169 Quiet Meadow Rd~Staff Report and Conditions of Approval.doc 15 legislative body including actions approved by the voters of the City, concerning the Planning Application. City shall promptly notify the 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 its 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. Prior to Recordation of the Final Map 4. The following shall be submitted to and approved by the Planning Division: A copy of the Final Map. A copy of the Environmental Constraint Sheet (ECS) with the following notes: 1) This properly is located within thirty- (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. 2) This project is within a liquefaction hazard zone. 3) This project is within a Subsidence Zone. A copy of the Covenants, Conditions, and Restrictions (CC&R's) 1) 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. 2) No lot or dwelling unit 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 dwelling units 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. 3) Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit 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. 4) The CC&R's shall include provisions for the creation of a Homeowners Association and HOA maintenance responsibility of sloped landscape areas, drainage improvements, and the private street. R:\T M\2002\02-0371 TR 30169 Quiet Meadow Rd\Staff Report and Conditions of Approval.doc PUBLIC WORKS DEPARTMENT The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, the Developer at no cost to any Government Agency shall complete all conditions. General Requirements 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. 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. 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. All improvement plans, grading plans, landscape and irrigation 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. Prior to Approval of the Final 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: As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: f. g. h. i. i. k. San Diego Regional Water Quality Control Board Rancho California Water District Eastern Municipal Water District City of Temecula Fire Prevention Bureau Planning Department Department of Public Works Riverside County Health Department Cable TV Franchise Community Services District Verizon Southern California Edison Company Southern California Gas Company 10. 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: R:~T M\2002\02 0371 TR 30169 Quiet Meadow RchStaffReport and Conditions of Approval.doc 11. 12. ao Improve Ynez Road (Secondary Highway Standards - 88' RNV) to include curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: f. g. h. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City Standard Nos. 207, 207A and/or 208. Street lights shall be installed along the public streets shall be designed in accordance with City Standard No. 800, 801,802 and 803. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. All street and driveway centerline intersections shall be at 90 degrees. 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. 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. All utilities, except electrical lines rated 33kv or greater, shall be installed underground 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: Minimum road widths of 32-ft. paved with 50-ft. right-of-ways or easements (shown on typical section). Separation between on-site intersections shall meet current City Standards (200-ft. minimum). Cul-de-sac geometries shall meet current City Standards. Minimum safe horizontal centerline radii shall be required (all centerline radii should be identified on the site plan). Identify whether gates will be proposed at entrances to project. If so, configuration, stacking distance, and turn-around ability will need to be reviewed and approved by the Fire Department and the Department of Public Works. All intersections shall be perpendicular (90). R:\T M'O.002\02 0371 TR 30169 Quiet Meadow RdXStaff Report and Conditions of Approval.doc 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 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. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. 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. Any delinquent property taxes shall be paid. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final 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: 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. 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 Final 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 City prior to commencement of the appraisal shall have approved the appraiser. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. A 32-foot easement shall be dedicated for public utilities and emergency vehicle access for all private streets and drives. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 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." R:\T M\2002\02-0371 TR 30169 Quiet Meadow Rd\Staff Report and Conditions of ApprovaLdoc Prior to Issuance of Grading Permits 24. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Planning Department Department of Public Works Community Services District 25. 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. 26. 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. 27. 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. 28. 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 ouffall 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. 29. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. The final NPDES requirement shall be address at the right- of-way prior to the water exiting into the street. 30. 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. 31. 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 R:\T M\2002\02 03'71 TR 30169 Quiet Meadow Rd\Staff Report and Conditions of Approval.doc 20 the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 32, The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. 33. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. Prior to Issuance of Building Permits 34. Final Map shall be approved and recorded. 35. The Developer shall vacate and dedicate the abutter's rights of access along Ynez Road as shown on the approved Tentative Map. 36. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. A registered Civil Engineer for location and elevation shall certify the building pad, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 37. 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. 38. 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. 39. 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. Prior to Issuance of Certificates of Occupancy 40. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District Department of Public Works 41. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 42. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. R:\T M\2002\02-0371 TR 30169 Quiet Meadow Rd\Staff Report and Conditions of Approval.doc 43. 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 DEPARTMENT 44. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. These conditions will be based on occupancy; use, the California Building Code (CBC), California Fire Code (CFC), and related codes, which are in fome at the time of building, plan submittal. 45. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table AolII-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 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III.A) 46. 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 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 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 Ill-B) 47. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) 48. 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) This will include all internal roads, connecting roads between phases, and construction gates. All required access must be in and available prior to and during ALL construction. 49. 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 lbs GVW. (CFC 8704.2 and 902.2.2.2) 50. 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 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902 and Ord 99-14) 51. 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 and Ord 99-14) Roads on this map being less than 32' will require both sides to be painted Red, and marked "Fire Lane-No Parking CVC. 22500A". R:\T M\2002\02 0371 TR 30169 Quiet Meadow Rd\Staff Report and Conditions of Approval doc 22 52. Prior to building construction, dead end roadways 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) 53. 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 local water company signs the plans, 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) 54. 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) 55. Firefighting personnel shall provide all manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access with the Knox Rapid entry system for emergency access. (CFC 902.4) Special Conditions 56. Prior to issuance of building permits, fuel modification plans shall be submitted to the Fire Prevention Bureau for review and approval for all open space areas adjacent to the wildland-vegetation interface. (CFC Appendix II-A) 57. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones. (CFC Appendix II-A) 58. Prior to recording a final map a binding agreement for the maintenance and repair of any and all existing underground Fire Department Water Systems, including all fire sprinkler supplies and all fire hydrants and supplies will be in place as a condition of this division to maintain available water in perpetuity. 59. Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centedine information. The electronic file will be provided in an ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. COMMUNITY SERVICES General Conditions 60. 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. R:\T M~2002\02-0371 TR 30169 Quiet Meadow RciXS taft Report and Conditions of Approval.doc 23 61. All perimeter parkways (including within the ROW along Ynez Road), the portion of Lot I on the north side of the private road, slopes, retaining walls, drainage facilities, street medians and residential street lighting on the private street shall be maintained by the established homeowners association. 62. Any damage done to existing Class II bike lanes along Ynez Road during construction shall be repaired to the satisfaction of Public Works. Prior to Final Map 63. TCSD shall review and approve the CC&R's. 64. The developer shall satisfy the City's parkland dedication (Quimby) requirement through the payment of in-lieu fees equivalent to .10 acres of parkland, based upon the City's then current land evaluation. Prior to the Issuance of a Building Permit 65. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 66. If additional arterial street lighting is to be installed along Ynez Road then prior to the first building permit or installation of the street lighting, 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. 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 Name printed Date R:\T IvlX2002\02 0331 TR 30169 Quiet Meadow Rd\Staff Report and Conditions of Approval.doc 24 EXHIBIT B INITIAL STUDY R\TM\2002\02-037 TR30 69Que MeadowRd\SlaffReporlo~dConditionsofApproval.doc City of Temecula ~ P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Marchand Way Development Lead Agency Name and Address City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Contact Person and Phone Number Rolfe Preisendanz, Assistant Planner (909) 694-6400 Project Location East side of Ynez Road, between Pauba Road and Santiago Road Project Sponsor's Name and Marchand-Way Development Address 31530 Railroad Canyon Road Ste. 9 Canyon Lake, CA 92587 General Plan Designation Low density residential (L) Zoning Low density residential (L-1) Description of Project PA02-0371: A Tentative Tract Map application to subdivide 4.57 gross acres into 7 single-family residential lots averaging 0.5 net acres; and PA02-0372: A Change of Zone application to change the zoning designation and map from L-1 to L-2. Surrounding Land Uses and Setting Ynez Road serves as the west boundary of the project site, with single-family residential uses located to the north, south and east. ~ An area to the south of the subject property consists of a culdezac, with full street improvements, approved by the City for single-family residential uses. Low-density single-family residential homes and vacant residential lots will be served by existing infrastructure. Other public agencies whose Eastern Municipal Water District for sewer service. approval is required Rancho California Water District for water service R:\T M~2002\02-0371 TR 30169 Quiet Meadow Rd~CEQA INITIAL STUDY EA DRAFT DOC,doc 1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Mineral Resoumes Agriculture Resources Noise Air Quality Population and Housing Biological Resources Public Services Cultural Resources Recreation Geology and Soils Transportation/Traffic Hazards and Hazardous Materials Utilities and Service Systems Hydrology and Water Quality Mandatory Findings of Significance Land Use and Planning None Determination (To be completed by the lead agency) On the basis of this initial evaluation: I find that although the proposed project could have a significant effect on the environment, there will not ~ be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. SignatUre Rolfe Preisendanz Printed name Assistant Planner Title R:\T M'~?.002\02-0371 TR 30169 Quiet Meadow Rd~CEQA INITIAL STUDY EA DRAFT DOC.doc 2 ~ LAND USE AND PLANNING. Would the project: ',~ ,4 Issues'and Supporting Information Sources~ -,~ ~ ~!~ ~;l~p~~- a. Physically divide an established community?. X b. Conflict with any applicable land use plan, policy, or X regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or X natural community conservation plan? Comments: The project will not disrupt or divide the physical arrangement of an established community. The project site is vacant and is surrounded by SP-2 (Rancho Highlands Specific Plan) zoned properties to the north that include single family residential housing, Low Density Residential (L-1 and L-2) zoned property to the east, north, and south. The development of this site will be consistent with the surrounding properties. No impacts are anticipated as a result of this project. The project will not conflict with applicable General Plan designations and environmental plans or policies adopted by agencies with jurisdiction over the project. The project is consistent with the City's General Plan land use designation of Low Density Residential (L). The approval of a change of zone from L-1 to L-2 would increase the desired target dwelling units per acre from 1.3 to 1.5, but stay within the Iow-density residential range of 0.5 to 2 dwelling units per acre as established by the General Plan Land Use Element. Impacts from all General Plan land use designations were analyzed in the Environmental Impact Report (EIR) for the General Plan. Agencies with jurisdiction within the City commented on the scope of the analysis contained in the EIR and how the land uses would impact their particular agency. Mitigation measures approved with the EIR will be applied to this project where necessary. The proposed project will have a less than significant impact with any applicable habitat conservation plan or natural community conservation plan. The site is located within the County of Riverside Habitat Conservation Plan for the Stephen's Kangaroo Rat, which will require site disturbance mitigation fees to be paid prior to grading activity. The site has been continuously grubbed for weed abatement and fire protection. R:\T M\2002\02-0371 TR 30169 Quiet Meadow Rd~CEQA INITIAL STUDY EA DRAFT DOC.doc 3 2. POPULATION AND HOUSING. Would the project: ~. ~ , ~ , , .. , . . ~0t,enti~!~y? :Stgntfidao~nless~ ~ge.~.~;~;3a~ ~ . a. Induce substantial population gro~h in an area, either X directly (for example, by proposing new homes and businesses) or indirectly (for example, through e~ension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? c. Displace substantial numbem of people, necessitating the construction of replacement housing elsewhere? Comments: The proposed tentative tract map is for seven (7) total single-family residential lots and is within the allowed General Plan Land Use Element density range of 0.5 to 2 dwelling units per acre. Even with the approval of a zone change from L-1 to L-2 the property would still be within the allowed density range for Iow density residential land uses and therefore would have no impact on the surrounding area. 2.bo The proposed project involving a single-family residential subdivision would have no impact on the displacement of existing housing. 2.c. The proposed project involving a single-family residential subdivisionwill have no impact on displacing any residents within the surrounding area. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: potentiallySignificant Unless Less Than SignificantMitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact ' Impact a. Conflict with or obstruct implementation of the applicable X air quality plan? b. Violate any air quality standard or contribute substantially X to an existing or projected air quality violation? c. Result in a cumulatively considerable net increase of any X criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant X concentrations? e. Create objectionable odors affecting a substantial number X of people? R:\T M~2002\02-0371 TR 30169 Quiet Meadow RcACEQA INITIAL STUDY EA DRAFT DOC.doc 4 Comments: The project will not conflict with applicable air quality plans nor violate air quality or pollution standards. The project proposes to subdivide for residential lots a 4.5-acre vacant site, zoned for Iow-density residential development. The proposed tentative map and zone change is anticipated to be within the threshold for potentially significant air quality impact established by the South Coast Air Quality Management District as depicted in SCAQMD's CEQA Air Quality Handbook (Source 3) page 6-10, Table 6.2. No significant impacts are anticipated as a result of this project. There are no known sensitive receptors to pollutant concentrations in the immediate vicinity. Therefore, no impacts to sensitive receptors will occur as a result of this project. The proposed tentative map and zone change approvals will not create any significantly objectionable odors and will not create an impact to the surrounding community. 4. BIOLOGICAL RESOURCES. Would the project? lssuesandSupportmgrnformat~onSources , ~,,~ ~,~j-,irnpac,~ ~4'~ ncor~rate~ ~?,~;Fi~n*~ ~p~'t~ a. Have a substantial adverse effect, either directly or X through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the t California of Fish and Game U.S. Fish and Department or Wildlife Service? b. Have a substantial adverse effect on any riparian habitat X or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c. Have a substantial adverse effect of federally protected X wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of any native X resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting X biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat X Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? R:\T M~2002\02-0371 TR 30169 Quiet Meadow Rd~CEQA INITIAL STUDY EA DRAFT DOC.doc 5 Comments: 4.a-d. The project site for the proposed tentative map and zone change applications is not located within an environmentally sensitive habitat or wetlands area as indicated on the City of Temecula General Plan Open Space/Conservation Element Figure 5-3 and the Potentially Sensitive Environmental Habitat Areas map. 4.e-f. The project site is located within the Stephen's Kangaroo Rat Habitat Fee Area. The project will be conditioned to comply with provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation), which requires payment of the Stephens Kangaroo Rat fee prior to the issuance of a grading permit. No impacts are anticipated as a result of this project. 5. CULTURAL RESOURCES. Would the project: · ]§sues and Supporting InfOrmation S&urces · ~ '~ '~ ~rnp~c~ ~ ~ ' ~ ~',,~pact~'~ a. Cause a substantial adverse change in the significance of X a historical resource as defined in Section 15064.5? b. Cause a substantial adverse change in the significance of X an archaeological resoume pursuant to Section 15064.5? c. Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d. Disturb any human remains, including those interred X outside of formal cemeteries? Comments: 5.a, b 5.c., d. The project site is not located in an area of sensitivity for archaeological resources pursuant to the General Plan (Source 1, Figure, 5-6). The Eastern Information Center of the University of California at Riverside (UCR) recommended in its response dated July 22, 2002, that a Phase I Cultural Resource Management Report be prepared to identify the potential for historical or cultural resources at the project site. The applicant submitted a Phase I Cultural Resources Assessment prepared by a Cultural Resources Consultant in October 2002. The results of this assessment determined that no archaeological sites of either prehistoric or historical origin had been recorded within the property boundaries. A field survey conducted by the consultant on October 1, 2002 confirmed that no significant prehistoric or historical cultural resources were observed within the property boundaries. The project site is located in an area that has high paleontological sensitivity pursuant to the General Plan (Source 1, Figure, 5-7). Therefore, at least one Paleontological Monitor will be present on the site at the commencement of and during all grading operations as a condition of approval to evaluate any significant cultural or historical resources encountered. R:\T M~2002\02-0371 TR 30169 Quiet Meadow R(ACEQA INITIAL STUDY EA DRAFT DOC.dcc 6 6. GEOLOGY AND SOILS. Would the project: a. Expose people or structures to potential substantial X adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on X the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? X iii. Seismic-related ground failure, including liquefaction? X iv. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or X that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? = d. Be located on expansive soil, as defined in Table 18-1 -B X of the Uniform Building Code (1994), creating substantial risks to life or property? e. Have soils incapable of adequately supporting the use of X septic tanks or alternative wastewater disposal systems ~1 where sewers are not available for the disposal of wastewater? Comments: .8. (i-ii) The City of Temecula General Plan Fault Hazard Zone map Figure 7-1 and Environmental Hazards map show that there is an Alquist-Priolo Special Studies Zone through the eastern section of the project site; therefore, ground shaking impacts are possible as a result of this project. The Fault Hazard Investigation prepared by T.H.E. Soils Co., Inc. reported that no evidence of faulting was identified within the exploratory Fault Trench-1 (FT-1), which was excavated across the existing State of California Fault-Rupture Hazard Zone. Additionally, based on the findings of the Fault Trench-2 (FT-2), no restricted use zones for habitable structures are considered necessary for the northeast corner of the subject property. (iii-iv) The project site is not located within an area delineated as a liquefaction hazard zone and is not within an area of potential subsidence as indicated on the General Plan Subsidence/Liquefaction Hazards map Figure 7-2. 6.5. The minimal amount of grading required for the proposed seven lot residential tentative tract map will be surficially and grossly stable if constructed in accordance with the recommendations presented in the Preliminary Geotechnical Investigation and will therefore not result in any significant soil erosion or loss of topsoil, and therefore will not have a significant impact. R:\T tv~.002\02-0371 TR 30169 Quiet Meadow Rd~CEQA INITIAL STUDY EA DRAFT DOC.doc 7 6.0. The project site is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. 6d. An expansion index test was performed on representative on-site soil samples collected for the Preliminary Geotechnical Investigation. The results of that test indicated that the expansion index for on-site soils were equivalent to a very Iow expansion potential and would therefore have no impact on creating substantial risks to life or property. .eo Septic sewage disposal systems are not proposed for this project. The project will be served with connection to the existing Eastern Municipal Water District public sewer system. Therefore, no impacts are anticipated as a result of this project. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: · ' ' ' ' '~' ~ ,~Ot~tialy~: i~ig~r~! : Less ~ ~ ~, a. Create a significant hazard to the public or the X environment through the routine tmnspo~ation, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or X acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one- qua~er mile of an existing or proposed school? d. Be located on a site which is included on a list of X hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airpo~ land use plan or, X where such a plan has not been adopted, within ~o miles of a public airpo~ or public use airpo~, would the project result in a safety hazard for people residing or working in the project area? f. For a project within the vicini~ of a private airstrip, would X the project result in a safe~ hazard for people residing or working in the project area? g. Impair implementation of or physically intedere with an X adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk or loss, X inju~ or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? R:\T M~002\02-O371 TR 30169 Quiet Meadow Rd\CEQA tNITIAL STUDY EA DRAFT DOC.doc 8 Comments: The proposed project will have no impact in creating a hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? 7.b, c. The proposed project will have no impact involving the release of hazardous materials, substances, or emissions within the environment or one-quarter mile from an existing or proposed school site. 7:d. This project site is not nor is it located near a site, which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 that would it create a significant hazard to the public or the environment. Therefore, no impacts are anticipated as a result of this project. 7.e, f. The project site is not located within an airport land use plan or within two miles of a public or private airstrip. No impact upon airport uses will result from this proposal. 7.g. The project will take access from maintained public streets and will not impede emergency response or evacuation plans. No impacts are anticipated as a result of this project. 7.ho This project site is not adjacent to wild lands and therefore would be susceptible to high fire danger. However, during development review the proposed project will be required to comply with Fire and Building Codes to assure that all development is safe from fire danger. Therefore, no impacts are anticipated as a result of this project. jHYDROLOGY AND WATER QUALITY. Would the project: a. Violate any water quali~ standards or waste discharge X requirements? b. Substantially deplete groundwater supplies or intedere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the I~al groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not suppod existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pa~ern of the site X or ama, including through the alteration of the coume of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage paEern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of sudace runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the X ~paci~ of existing or planned storm water drainage ~ systems or provide substantial additional sources of polluted runoff? f. Othe~ise substantially degrade water quality? X R:\T M~2002\02-0371 TR 30169 Quiet Meadow Rd\CEQA INITIAL STUDY EA DRAFT DOC.doc 9 g. Place housing within a 100-year flood hazard area as X mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation h. Place within a 100-year flood hazard area structures X which would impede or redirect flood flows? i. Expose people or structures to a significant risk of loss, X injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudfiow? X Comments: 8.0, d. 8.a. The project will not violate any water quality standards or waste discharge requirements. The subdivision, and subsequent development, will be required to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the Regional Water Quality Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. By complying with the NPDES requirements, any potential impacts can be mitigated to a level less than significant. No impacts are anticipated as a result of this project. 8.b.,f. The project will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The project will not have an affect on the quantity and quality of ground waters, either through direct additions or withdrawals or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability. Further, construction on the site will not be at depths sufficient to have a significant impact on ground waters or aquifer volume. No impacts are anticipated as a result of this project. The proposed project will not substantially alter the existing drainage pattern of the site or area including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation and/or flooding on-site or off-site. Some changes to absorption rates, drainage patterns and the rate and amount of sur~aca runoff is expected whenever development occurs on previously permeable ground. Previously permeable ground will be rendered impervious by construction of buildings, accompanying hard scape and driveways. While absorption rates and surface runoff will change, potential impacts shall be mitigated through site design. Drainage conveyances will be required for the project to safely and adequately handle runoff, which is created. No significant impacts are anticipated as a result of this project. 8.e. Due to the small scale of the proposed residential subdivision, the project will not create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. The project will be conditioned to accommodate the drainage created as a result of the subject site. In addition, the project will be conditioned so that the drainage will not impact surrounding properties. No significant impacts are anticipated as a result of this project. 8.g-i. The project will have no impact on people or property to water related hazards such as flooding because the project site is located outside of the 100-year floodway and the dam inundation area as identified in the City of Temecula General Plan Final Environmental Impact Report. No impacts are anticipated as a result of this project. 8.j. The project site will not be subject to inundation by sieche, tsunami, or mudflow, as these events are not known to happen in this region. No impacts are anticipated as a result of this project. R:',T M~002\02-0371 TR 30169 Quiet Meadow R~CEQA INITIAL STUDY EA DRAFT DOC.doc 10 10. MINERAL RESOURCES. Would the project: ; Is~desandsbpp~rlinglnf0rrn~ti6~nS6urces , ':;-~,::;~6f'; ~ .>~,~z~ />~lmpa~ ~!~ fat~ a. Result in the loss of availabili~ of a known mineral X resoume that would be of value to the region and the residents of the state? b. Result in the loss of availabili~ of a Iocally-impo~ant X mineral resource recove~ site delineated on a local general plan, specific plan or other land use plan? Comments: 10.a. There are neither mineral resource designations nor any known mineral resources on this project site. 10.b. Development of the site has no potential to lose access to known and available mineral resoumes since none occur on the project site, nor is access required across the site to such resources. 11. NOISE. Would the project result in: liE. Exposure of persons to or generation of noise levels in X excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive X gmundborne vibration or groundborne noise levels? c. A substantial permanent increase in ambient noise levels _ X in the project vicinity above levels existing without the project? d. A substantial temporary or periodic increase in ambient X noise levels in the project vicinity above levels existing without the project? e. For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would X the project expose people residing or working in the project area to excessive noise levels? Comments: I.a. This project site is designated for the development of single-family residential housing units. The site is currently vacant and development of the land logically will result in increases to noise levels during construction phases as well as increases to noise in the area over the long run. However, the proposal to divide the land will not create noise. No impacts will result from this project. R:\T Iv~2002\02-0371 TR 30169 Quiet Meadow R~CEQA INITIAL STUDY EA DRAFT DOC.doc 11 11.b. This project site is designated for the development of single-family residential housing units. There will be no activities related to this subdividing of the property that would lead to exposure of persons to generation of excessive ground borne vibration or ground borne noise levels. Future residents of homes will not be exposed to high levels of noise according to the noise contours shown in the General Plan. No impacts are anticipated. 11.c. Since the project site is designated for Iow-density residential development per the City's General Plan Land Use and Zoning Maps, the proposed residential tract map is consistent with this land use designation. No unanticipated noise impacts will result from this project. 11 .d. The future grading and home construction activity may result in temporary or periodic increases in ambient noise levels during construction. Construction machinery is capable of producing noise in the range of 100+ DBA at 100 feet, which is considered very annoying. However, this source of noise from construction of the project will be of short duration and therefore would not be considered significant. Furthermore, construction activity will comply with City ordinances regulating the hours of activity in residential areas. No significant noise impacts are anticipated. 11 .e, f. This project is not within two miles of a public airport or public or private use airport, therefore, people working in the project area will not be exposed to excessive noise levels generated by an airport. 13. AESTHETICS. Would the project: a. Have a substantial adveme effect on a scenic vista? X b. Substantially damage scenic resources, including, but not X limited to, trees, rock outcroppings, and historic buildings within a state scenic highwa~ c. Substantially degrade the existing visual character or X quali~ of the site and its surroundings? d. Create a new source of substantial light or glare, which X would adversely affect day or nighEime views in the area? Comments: 13.a. The project will not affect a scenic vista or scenic highway. The project is not located in an area where there is a scenic vista. The City does not have any designated scenic highways. No impacts are anticipated as a result of this project. 13.b. No scenic resources will be damaged or altered as a result of this project. 13.c. The City's residential pedormance standards and General Plan Community Design Element and Subdivision Ordinance will ensure that the proposed land division residential properties is consistent with the goals and policies established by these documents. 13.d. The proposed project will not create a new source of substantial light or glare to adversely affect the day or nighttime views within the project area. R:\T k/~2002\02-0371 TR 30169 Quiet Meadow Rd~CEQA INITIAL STUDY EA DRAFT DOC.doc 12 PUBLIC SERVICES. ~ a. Would the project result in substantial adverse physical X impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: b. Fire protection? X c. Police protection? X id. Schools? X e. Parks? X f. Other public facilities? X Comments: 13.a- f. The proposed residential tract map will have a less than significant impact upon, or result in a need for new or altered fire, police, recreation or other public facilities. The later development of the pamels created by this project will incrementally increase the need for these services. However, those projects will contribute their fair share through the City's Development Impact Fees, park and recreation fees, and school district fees to the maintenance or provision of services from these entities. Less than significant impacts are anticipated from the proposed division of land. 14. RECREATION. S nficant ~ ~.:×~M[tJgatioa~,~ -~ , : .... issde~ and S~pp0rting Irii0rm~ti(~n s~;ur~es ~ ¥~ ~,g <', ~*~+~mpact ~'~ ncoq~orated~ ~1~ a. Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require X the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Comments: 14.a-b. The project will have a less than significant impact on the demand for neighborhood or regional parks or other recreational facilities, or affect existing recreational opportunities. The proposed residential tract map would eventually add a small number of single-family homes to the vacant property, which would likely increase the use of existing local parks and recreational facilities, but not to a significant level. The proposed subdivision will have a less than significant impact. R:\T M~2.002~02~)371 TR 30169 Quiet Meadow Rd~CEQA INITIAL STUDY EA DRAFT DOC.doc 13 15. TRANSPORTATION/TRAFFIC. Would the project: · ,' ! ~potenti~!!y~ $ig~i~nt~ Uh ~ Issues and Supporting Inf~rmation Sources a. Cause an increase in traffic which is substantial in X relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of X service standard established by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either X an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design feature X (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X g. ~ Conflict with adopted policies, plans, or programs X ~ supporting alternative transportation (e.g., bus turnouts, = bicycle racks)? Comments; 15.a-b. The proposed residential tract map with up to seven (7) single-family homes and slightly higher residential density above the target density will have no impact on increased vehicle traffic and levels of service on the local street system. 15oc. The proposed project will have no impact on a change in air traffic patterns to pose any risk to the public. 15.d. The proposed project will have no impact to substantially increase traffic hazards or risk to the public due to a design feature or incompatible uses. 15.d. The proposed project will have no impact on emergency vehicle access. The project will be reviewed and conditioned by City staff to provide proper emergency vehicle access. 15.e. The proposed project will have no impact on parking capacity. The project will be reviewed and conditioned by City staff to provide adequate parking capacity. 15.f. The proposed project will not conflict with nor impact adopted policies, plans, or programs supporting alternative transportation plans or programs. R:\T Iv1~002~02-0371 TR 30169 Quiet Meadow Rd~CEQA INITIAL STUDY EA DRAFT DOC,doc 14 16. UTILITIES AND SERVICE SYSTEMS. Would the project: ': '~ ~ues~ SU ~ ~h n o~afionSou~s- ~ ~ ~ ~ ~ ~d~~~~lm~a~ P~ g a. Exoeed wastewater treatment requirements oi the X applicable ~egional Water Ouali~ Gontrol Board? b. Bequire or result in the oonstruction o{ new water or X wastewater treatmem ia~ilities or expansion of existing facilities, the construction of whioh oould cause sJgnJ{Jcant environmental efleots? o. ~equire or result in the constru~ion of new storm water X drainage faoilities or expansion oi existing labilities, the oonsiruction o( which ~ould cause significant environmental effects? d. Have sufficient water supplies available to se~e the X project ~rom existing entitlements and resoumes, or are new or expanded entitlements needed? e. ~esult in a determination by the wastewater treatment X provider which se~es or may se~e the project that it has adequate capaci~ to se~e the project's projected demand in addition to the provider's existing ~ommitments? t. Be se~ed by a landfill with sufficient permiUed capaoi~ to X aocommodate the pro{ect's solid w~sie disposal needs? Gomply with (ederal, state, and local statutes and X ~ulations related ~o solid waste? Comments: 16.a., b. and e. The development of the property will not exceed wastewater treatment requirements, require the construction of new treatment facilities, nor affect the capacity of treatment providers. The project will have an incremental effect upon existing systems. However, the Final Environmental Impact Report (FEIR) for the City's General Plan states: "implementation of the proposed General Plan would not significantly impact wastewater services." Since the project is consistent with the City's General Plan, no significant impacts are anticipated as a result of this project. Moreover, the project will be conditioned to comply with Regional Water Quality Control Board standards that will be monitored by the Department of Public Works. No significant impacts are anticipated. 16.c. The proposed residential tract map would not require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. No impact to existing water facilities is expected. 16.d. The proposed residential tract map and single-family homes will have sufficient water supplies available to serve the project from existing entitlements and resources. No impact to existing water supplies is expected. The proposed residential tract map and single-family homes will be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs and will comply with federal, state, and local statutes and regulations related to solid waste. R:\T M'~.002\02-0371 TR 30169 Quiet Meadow Rd~CEQA INITIAL STUDY EA DRAFT DOC.doc 15 17. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: -~ ,, issues and Supporting inf0rm~fi0n Sources ~ ~', i~pa~t~, ncorpora ~d~ I~l~t~ ~ ~ ~l~, a. Convert Prime Farmland, Unique Farmland, or Farmland X of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, Or a X Williamson Act contract? c. involve other changes in the existing environment, which, X due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Comments: 17a,c. The project site is not currently in agricultural production. In addition, this property is not considered prime or unique of Farmland of statewide importance pursuant the Farmland Mapping and Monitoring Program of the California Resources Agency or the City of Temecula's General Plan. Therefore, are no impacts related to this issue. 17b. The project site does not have an agricultural zoning designation by the City of Temecula, and the site is not regulated by a Williamson Act contract. As a consequence, there are no impacts related to this issue. 18. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Potentially Potentially Significant Unless. Less Than Significant Mitigation Significant No issuesandSupportinglnformationSources . ,~ -impact ~'i:incorporated ~ Impact. ~lmp~ct a. Does the project have the potential to degrade the quality X of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually X limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current I projects, and the effects of probable future projects)? R:\T M~2002\02-0371 TR 30169 Quiet Meadow Rc~CEQA INITIAL STUDY EA DRAFT DOC.doc 16 c. Does the project have environmental effects which will I cause substantial adverse effects on human beings, _~ either directl or indirectl ? Comments: 17.a. This site is surrounded by Iow-density residential development and does not contain any viable habitat for fish or wildlife species. This is a residential land division project and change of zone application and it does not have the potential to: degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Therefore the proposed project would not have an impact on fish and wildlife species. 17.b. The cumulative effects from the project are not considered significant because the subject site is being subdivided in conformance with the City of Temecula's General Plan, Development Code, and Subdivision Ordinance. All cumulative effects for the various land uses of the subject site as well as the surrounding developments were analyzed in the General Plan Environmental Impact Report. Given the project's consistency with the General Plan and Development Code, the cumulative impact related to the development of a seven (7) lot subdivision and a minor density increase with approval of a zone change from L-1 to L-2 will not have a significant impact. 17.c. The proposed residential tract map and zone change entitlements would not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. The project is designed and will be developed consistent with the City of Temecula General Plan, Development Code, and Subdivision Ordinance. No significant impacts are anticipated as a result of this project. 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a. Earlier analyses used. Identify earlier analyses and state where they are available for review. b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 18.a. Earlier analyses specifically related to this project site were not used because they were outdated. The City's General Plan and Final Environment Impact Report were used as a referenced source in preparing this Initial Study 18.b. All impacts related to this proposed project were adequately addressed and analyzed within this environmental initial study document. 18.c. No mitigation measures were required with this proposed project since there are no issues identified in the checklist that would be considered potentially significant unless mitigation was incorporated, R:\T k~2002\02-0371 IR 30169 Quiet Meadow Rd~CEQA INITIAL STUDY EA DRAFT DOC.doc 17 SOURCES 2. 3. 4. 5. 6. 7. City of Temecula General Plan, dated November 9, 1993. City of Temecula General Plan Final Environmental Impact Report, dated July 2, 1993. City of Temecula Development Code. City of Temecula Subdivision Ordinance adopted August 24, 1999. South Coast Air Quality Management District CEQA Air Quality Handbook. Phase I Cultural Resoumes Assessment, prepared by Jean Keller, Ph.D, October, 2002. Fault Hazard Investigation, prepared by T.H.E. Soils Co. Inc., January 29, 2003. Preliminary Geotechnical Investigation, prepared by T.H.E. Soils Co. Inc., February 10, 2003 R:\T M~002\O2-0371 TR 30169 Quiet Meadow Rd~CEQA INITIAL STUDY EA DRAFT DOC.doc 18 ATTACHMENT NO. 2 EXHIBITS CITY OF TEMECULA CASE NO. - PA02-0371 and PA02o0372 EXHIBIT - A PLANNING COMMISSION DATE -May 7, 2003 VICINITY MAP R:\T M~2002\02-0371 TR 30169 Quiet Meadow Rd\Staff Repod and Conditions of Approval.doc 27 CITY OF TEMECULA EXHIBIT B - GENERAL PLAN MAP DESIGNATION -(L) Low Density Residential EXHIBIT C - EXISTING ZONING DESIGNATION -(L-l) Low Density Residential CASE NO. - PA02-0371 and PA02-0372 PLANNING COMMISSION DATE -May 7, 2003 R:\T M~002\02-0371 TR 30169 Quiet Meadow R~Staff Report and Conditions of Approval.doc CITY OF TEMECULA CASE NO. - PA02-0372 EXHIBIT - D PLANNING COMMISSION DATE -May 7, 2003 PROPOSED ZONING R:\T M~2002\02-0371 TR 30169 Quiet Meadow Rd\Staff Report and Conditions of Approval.doc ClTY OFTEMECULA TENTATIVE TRACT MAP 30169 CASE NO. - PA02-0371 EXHIBIT- E PLANNING COMMISSION DATE -May 7, 2003 TENTATIVE TRACT MAP: R:\T M~002\02-0371 TR 30169 Quiet Meadow Rd~Staff Repod and Conditions of Approval.doc 30 ITEM #8 STAFF REPORT- PLANNING CiTY OF TEMECULA PLANNING COMMISSION May 7, 2003 Planning Application Nos. PA02-0605 (Development Plan) PA02-0606 (Conditional Use Permit/Development Plan) PA02-0607 (Development Plan) Prepared By: Thomas Thornsley, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: ADOPT a Notice of Exemption for Planning Application No.'s PA02-0605, PA02- 0606, and PA02-0607 (Development Plan) based on the Determination of Consistency with a project for which an Environmental Impact Report (EIR) was previously certified pursuant to CEQA Guidelines Section 15162 - Subsequent EIR's and Negative Declarations. 2. ADOPT a Resolution entitled: PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0605 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 9.24 ACRE COMMERCIAL CENTER WHICH INCLUDES TWO PROPOSED RETAIL BUILDINGS TOTALING 20,500 SQUARE FEET AND THREE CONCEPTUAL FUTURE RETAIL BUILDING PADS LOCATED WITHIN THE TEMECULA REGIONAL CENTER ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO.'S 910- 130-087, 088, 089, 090, 092, AND 096. PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0606 A CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 4,000 SQUARE FOOT RESTAURANT BUILDING WITH A DRIVE-THRU, AT A 9.24 ACRE COMMERCIAL CENTER WITHIN THE TEMECULA REGIONAL CENTER, LOCATED ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO. 910-130-092. R:~D P~2002\02-0605 Power Center Il\Staff report PC 5~7-03.doc PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0607 - A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 5,514 SQUARE FOOT RESTAURANT, AT A 9.24 ACRE COMMERCIAL CENTER WITHIN THE TEMECULA REGIONAL CENTER, LOCATED ON TI-IE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO. 910-130-096. APPLICATION INFORMATION APPLICANTS: Jack Tarr, Diversified Investment Co., 30240 Rancho Viejo Road, Ste B, San Juan Capistrano, CA 92675 Lewis Jackson, Islands Restaurant, 740 Lomas Santa Fe Dr., Ste 210, Solana Beach, CA 92075 PROPOSAL: PA02-0605 a Development Plan for the design and construction of a 9.24-acre commercial center which includes two proposed retail buildings totaling 20,500 square feet and three conceptual futura retail building pads located within the Temecula Regional Center on the northwest corner of North General Kearney Road and Margarita Road, know as assessor parcel no.'s 910-130-087, 088,089, 090, 092, and 096. PA02-0606 a Conditional Use Permit and Development Plan for the design and construction of a 4,000 square foot restaurant building with a drive-thru, at a 9.24-acre commercial center within the Temecula Regional Center located on the northwest comer of North General Keamey Road and Margarita Road, known as assessor parcel no. 910-130-092. PA02-0607 a Development Plan for the design and construction of a 5,514 square foot restaurant, at a 9.24-acre commercial center within the Temecula Regional Center located on the northwest comer of North General Keamey Road and Margarita Road, know as assessor parcel no. 910- 130-096. LOCATION: On the northwest corner of North General Kearny and Margarita Roads in the Temecula Regional Center (aka Power Center II) (APN 910-130-087 thru -090, -092, & -096). GENERAL PLAN DESIGNATION: CC (Community Commercial) EXISTING ZONING: SP-7 (Specific Plan-7 Temecula Regional Center) R:~D P~002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 2 SURROUNDING ZONING: North: South: East: West: SP-7 (Specific Plan-7 Temecula Regional Center) CC (Community Commercial) LM (Medium Low Density Residential) and H (High Density Residential) SP-7 (Specific Plan-7 Temecula Regional Center) EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: Power Center South: Retail Center - Bel Villagio East: Single family detached homes and apartments. West: Promenade Mall PROJECT STATISTICS Total Gross/Net Area: 402,494 Building Areas: Shop A (general retail) 8,800 Shop B (general retail) 11,700 Pad C (future) 4,190 Pad D (future) 6,562 Pad E (future) 8,281 Pad F (islands Restaurant) 5,514 Pad G {Krispv Kreme) 4,000 Total Building Area: 49,047 Paving: 246,063 Hardscape: 16,780 Landscape Area: 90,604 square feet 9.24 acres square feet square feet square feet square feet square feet square feet square feet square feet square feet square feet square feet 12.2% 61.1% 4.2% 22.5% BACKGROUND This site had been previously designed and approved as part of the Power Center under PA97- 0406. At that time the project was divided into two phases. Phase 1 was completed in 2000 and Phase 2, would have consisted of 105,000 square feet of future retail floor area. These applications represent Phase II of the Power Center. The current property owner submitted a new proposal to the Planning Department on November 7, 2002. A Development Review Committee meeting was held on December 12, 2002. At that time site design and architectural changes were requested. Follow up meetings were held in February and March as staff worked with the applicant to integrate information and design elements into the revised plans for consistency with the Regional Center Specific Plan and the City's Design Guidelines. With the applicant's second resubmittal on April 2, 2003, staff determined that several original items of concern were not being addressed. The applicant did not wish to address staff's concerns and requested that the project be set for hearing. R:~D P~2002~02-0605 Power Center Il\Staff reporl PC 5-7-03.doc 3 PROJECT DESCRIPTION Development Plan The applicant is requesting approval for the development of a 9.4-acre site with seven developable pad sites. Four of those pads are proposed for development at this time, while three are shown conceptually to complete the master site plan. Two of the pads (A and B) are for two retail buildings with a total of 20,500 square feet of floor space. The plan also includes the development of Pads "F" and "G" for Islands Restau rant (5,514 square feet) and Krispy Kreme Donuts (4,000 square feet) respectfully. The throe remaining undeveloped pad aroas have conceptually shown that they can support approximately 19,000 squaro feet of restaurant space based on the provided parking. Site Plan/Circulation The project site is rectangular in shape and is bounded by Margarita Road, North General Kearny Road, the Mall Ring Road and the entry drive between the Mall Ring Road to Margarita Road. There are four vehicular and two pedestrian access points into the site around the perimeter. Near the middle of Margarita Road is a right-in, right-out driveway. Other vehicular access is taken from the Mall Ring Road and two others are taken from the Mall Entry Road. One point of pedestrian access is taken diroctly from the Mall Entry Road to Pad F and a second pedestrian access enters the site along the Margarita Road entry aisle, taking pedestrians to the center of the site where the walkway splits in three directions to leading to the other pad sites. The majority of the parking for the site is internal with the buildings placed along the street frontages and in the corners of the site. The first sites to develop will be those along the Margarita Road frontage. The corner of the site at Margarita and North General Kearny Roads will accommodate two multi-tenant retail buildings, Shops UA" and "B", in an "L" shape configuration. Heading north on the site, across the Margarita Road entrance, is Pad "G' being developed as a Krispy Krome drive thru. Further north, in the northeast corner of the site, is Pad "F' for the Islands Restaurant. The three undeveloped pads are located along the Mall Ring Road. Future development on these pads will roquire Planning Commission approval. Architecture Shops A and B appear to be a blend of Mediterranean Country and Craftsman style architecture. The buildings offer sufficient relief through amhitectural elements such as recessed windows, eave overhangs, columns, towers, and trellises. The buildings are finished in beige and tan shades of smooth and heavy dash stucco. Stone veneer is used on the base of the accent columns, while the trellis columns will be round pre-cast concrete. Concrete shake style roofing will be used on the tower elements and the mansard roof overhands. The connecting point between the two buildings is a central tower feature over a breezeway linking the front plaza to a plaza behind the buildings near the street. Pad "F" is Islands Restaurant, which is designed with elements typical of older oceanfront buildings. Entry to the restaurant is through a two-story octagon tower mounted on the southwest corner of the building. Although, the building is boxy by design, roller elements in the midsection of each elevation project the wall and roof planes off the fascia enhancing the windowed aroas of the building. Two styles of plaster finishing will be used on the exterior in tan and dark beige. A smooth finish will be used on the base while a textured exterior plaster will be used above. The pitched roof will be flat concrete tile. Wrapping around and scroening the roof equipment will be a rough sawn board and bat siding wall designed into the building above the mansuard roof. R:~E) P~002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 4 Krispy Kreme, located on Pad "G", is proposing a corporate prototype that reflects the retro style of their facilities from the 1930 and 1940's. The building is a basic rectangle with accent relief columns and cornicing. The walls will be finished in an off-white sand finish stucco with rustic stacked stone veneer utilized around the lower three-foot base of the building and extending to the top of the doors at the entries. A steel frame canopy extends out from the building along two-thirds of the east and west elevations and across the entire front of the building. Outside the front (north elevation) of the building will be a patio for tables and chairs covered by a wooden trellis. Parking The site was designed to accommodate the known tenants and future tenants. Four sites have specific uses planned for them and offer sufficient parking to meet their needs. The three pad sites not being developed at this time have been considered at their most intense use (restaurant at 1:100 square feet). Although the building square footages for Pads "C - E" appear to be precise, this is only for illustrative purposes. Based on those estimated square footages, parking allocations have been established and included in the overall formulation of the project's parking needs. Shown below is the breakdown of the parking by building pad and the known or likely use. Per the applicant's proposal, the site exceeds its parking needs by 75 spaces, which gives the site an overall parking ratio of 1:116 square feet, or 8.6 spaces per 1000 square feet of gross floor area. Parking Required: Pad A (general retail) Pad B (general retail) Pad C (speculative) Pad D (speculative) Pad E (speculative) Pad F (restaurant) Pad G (restaurant) Total Parking Required: Parking Provided: 8,800 square feet/(1:200) 11,700 square feet/(1:200) 4,190 square feet/(1:100) 6,562 square feet/(1:100) 8,281 square feet/(1:100) 5,514 square feet/(1:100) 4,000 square feet/(1:100) 49,072 square feet/(1:141 ) 49,072 square feet/(1:116) 44 spaces 59 spaces 42 spaces 66 spaces 83 spaces 55 spaces 41 spaces 349 spaces 424 spaces Landscaping Substantial landscaping is proposed around the perimeter of the site and throughout the parking lot. The plaza area in front of Shops "A" and "B" consists of three diamond planters next to the parking spaces and vines on the two trellises. At Krispy Kreme there are planters on both sides of the main entrance planted with the groundcover Myoporum. The drive-thru will be screened from the street with a mix of shrubs and trees. Around the front of the Islands Restaurant will be planters with shrubs and ground covers. The entry to this facility is further complemented with a small plaza/waiting area flanked on two sides with trees, shrubs, and groundcover. Along the street frontages are a mix of trees, shrubs, ground covers, and entry elements that are intended to compliment the site. Entry elements are provided at two of the three entrances to the site. Signs A sign program has been prepared for this project that proposes freestanding monument signs for the stand-alone tenants and two multi-tenant signs to promote tenants not visible from the street frontages on which the signs are placed. Based on the plan there would be three freestanding signs on Margarita Road and four along the Mall Ring Road. The retail buildings have devised a program that allocated sign area at one foot per lineal foot of tenant frontage with letter height limited to two feet. Signs for Krispy Kreme and Islands Restaurant are each designed for the unique character of these users and offer character to the facilities. R:\D P~002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 5 Conditional Use Permit A Conditional Use Permit is required to operate the Krispy Kreme drive thru as required by the Specific Plan. The building pad sits below the street grade making the drive-thru visible from the street. The placement of the building has the narrow front of the building facing Margarita Road with the drive-thru side of the building adjacent to the entry aisle accessing the site from Margarita Road. ANALYSIS The applicant requested that the applications be scheduled for hearing, despite the fact that staff still had outstanding concerns. In order to support the application PA02-0605, staff has prepared conditions requiring modifications to the plans. Conditions No. 6, 9, 11, and 13 provide the necessary revisions in order to make the findings for approval. The applicant consents to all of the conditions except for the following: · Remove a sufficient number of parking stalls in front of all the buildings to allow for the installation of enhancing elements such as decorative paving, landscaping, and pedestrian amenities in as effort create entry statements to each facility. (Pg. 17, 6. a.) None of the buildings offer an open and inviting access to the storefronts from the parking lots. The applicant had been requested to remove the parking in front of each building to create an open view of the buildings and allowing the enhancements to become the focal point of the building with the use of decorative paving and additional landscaping. Working with the applicant, staff agreed to allow some parking to remain along the front of the building, but requested the removal of some parking to enhance the entries and plazas. On the latest plans, no storefront parking had been removed nor have landscaping areas been added. Staff has visited other projects and facilities and found that open access to storefronts is effective in facilitating pedestrian-scale plazas. The overall site has 75 more parking spaces then are required. Staff has conditioned the project to remove parking and enhance the storefront entries. · Additional planters shall be designed into the plaza fronting Pads A & B to enhance and soften the hardscape and building walls. Some of these planters shall be raised to serve as pedestrian friendly seating areas. (Pg. 17, 6.b.) Staff has concerns with the site's lack of landscaping near the buildings, in the plazas, or its need to enhance the buildings' entry points as stipulated in the Citywide Design Guidelines. The Guidelines state that, "Landscaping should be provided around building to frame them and separate them from the surrounding pavements." The only landscaping provided near or adjacent to the buildings are four trees in diamond planters (half in the plaza, half in the parking stalls), vines on the two trellises, and several potted plants not yet defined. Staff has conditioned the project to provide additional landscaping near the Shops "A" and "B". · Athreefoothighretainingwallshallbeinstalledbehindthe32footlandscapedevelopment zone along Margarita Road along the parking lot between Pads F & G. The area between this wall and the back of sidewall shall be bermed to raise the streetscape landscaping to aid in screening the parking lot. (Pg. 18, 6.m.) The Temecula Regional Center Specific Plan and the Citywide Design Guidelines encourage the placement of buildings toward the street to avoid a street view that looks at wide-open expanses of parking. However, when parking near a street frontage cannot be avoided, the Specific Plan (Pg. IV-37) states that, "Parking areas shall be screened from view from public streets by means of landscaping and/or grading." Figure 18 in the Specific Plans illustrates the use of three-foot high R:\D P~002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 6 hedgerows and/or berm at parking areas. Between Pads "F" and "G" the street grade is 4 to 5 feet above the parking lot. Without modification, the site grading provides a right-of-way (R.O.W.) with a 6-foot sidewalk and 6 feet of street grade planting area, which is designated for trees and turf. From the R-O,W, the 20-foot landscape setback area slopes down to the parking lot with a hedgerow well below street grade rendering it ineffective as a screening method. With the installation of the requested retaining wall, the landscape zone can be raised to within two feet vemus 5 feet of the street grade. By placing the screen wall at the back of the landscape zone, there is the opportunity to further raise the planting area with mounding and bring a hedgerow up to a more effective screening level. · A more direct ADA path shall be provided from Margarita Road to Pads "A; "B'; and "G". (Pg. 17, 6.f.) · The ADA path through the center of the site shall be connected to the Ring Road upon completion of the first phase of development. (Pg. 17, 6.g.) Staff believes that a greater effort can be made to provide additional convenient access points from the Bel Villaggio site to Shops "A and B" and to Krispy Kreme. Staff has conditioned the project to provide access to these areas and pedestrian access to the Ring Road in Phase 1 of the site's development. With the implementation of the preceding conditions, as well as all of the others, as conditions of approval upon this project, staff can make the findings that the project is consistent with the Regional Center Specific Plan, the Development Code, and the Design Guidelines for the City. Signs The project proposes standardized signs for the retail shops as well as, consistent design for the monument signs and the multi-tenant identification signs. The only major concern is the proposed placement of three signs in close proximity (two within 80 feet) to one another along Margarita Road. Staff, with the applicant's concurrence, is conditioning that the multi-tenant sign be placed somewhere south of the Margarita Road entrance. The retail-building criteria allocates sign area at one foot per lineal foot of tenant frontage with letter height limited to two feet, which is not overwhelming for wall signs mounted on building elevations adjacent to a street. Krispy Kreme and Islands Restaurant are proposing signs that may appear large because of their logo design, but the signs are consistent given their placement on the building elevations. Conditional Use Permit The Krispy Kreme drive-thru has the potential to be visible from Margarita Road and the project's main entry. The building's placement puts the long side of the drive-thru along the entry aisle and the exit near Margarita Road. Since the building pad sits below the street grade, the drive-thru will be more visible from the street. A retaining wall is being installed along the drive-thru near the Margarita Road entrance to raise the landscape area to allow for more plant screening material to be installed at street grade. Due to the grade change, internal to the site from the Margarita entry, the entrance of the drive-thru will be above the grade of the drive aisle. The project is being conditioned to better screen the drive-thru in this area to aid in screening the vehicles and to block headlights. Additionally, the drive-thru offers adequate stacking distance behind the pick-up window. Therefore, staff has determined that the required findings to approve the Conditional Use Permit can be made with the conditions of approval added for the project. ENVIRONMENTAL DETERMINATION R:~D P~2002~02-0605 Power Center II\Staff report PC 5-7-03.doc 7 A supplemental traffic study was required and reviewed by the City's Traffic Engineer. The supplemental report was found to be adequate and confirmed that the proposed development would be consistent with the allowable peak hour traffic volumes approved for the Specific Plan. This project is within the Temecula Regional Center Specific Plan No. 77 for which an Environmental Impact Report (EIR) was prepared and certified. The project is consistent with the Temecula Regional Center Specific Plan No. 77 land uses, which anticipated retail, restaurant, office, hotel, and residential uses and no other environmental factors have changed since the certification of the EIR. Therefore, the proposed project is eligible for a CEQA exemption pursuant to Section 15162 of the CEQA Guidelines. Section 15162 applies when an EIR has been certified or negative declaration adopted for a project. No subsequent EIR shall be prepared for that project unless there are substantial changes not discussed or examined in the EIRo GENERAL PLAN AND ZONING CONSISTENCY The project is consistent with the Temecula Regional Center Specific Plan 77, Community Commemial (CC) land use designations of the Temecula General Plan and the Development Code. Upon approval of the Development Plan as conditioned, the project will meet all of the guidelines and standards for commercial development prescribed by the Temecula Regional Center Specific Plan No. 77, Development Code, and Design Guidelines. SUMMARY/CONCLUSIONS The project as conditioned is consistent with applicable City policies, standards and guidelines. We believe it is compatible with the nature and quality of surrounding development, and will represent an attractive, functional and economic addition to the City's commercial and employment base. FINDINGS - DEVELOPMENT PLAN (PA02-0605; PA02-0606; PA02-0607) The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal is consistent with the land use designation and policies reflected for Community Commercial (CC) development in the City of Temecula General Plan, as well as the development standards for the Temecula Regional Center Specific Plan (SP-7) and the CityofTemeculaDevelopmentCode. Thesiteisthereforeproperlyplannedandzonedand found to be physically suitable for commercial retail and restaurant uses. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The architecture proposed forthe office is consistent with the Architectural requirements as stated in the Temecula Regional Center Specific Plan (SP-7) and Design Guidelines and the Commercial Performance Standards of the Development Code. The project has been reviewed for, and as conditioned, can be 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. R:~D P~002\02-0605 Power Center II\Staff repot1 PC 5-7-03.doc 8 FINDINGS - CONDITIONAL USE PERMIT (PA02-0606) The proposed conditional use is consistent with the General Plan and the Development Code. The proposed conditional use permit is consistent with the underlying site plan for this project, the City of Temecula General Plan and the applicable sections of the Development Code, and the Municipal Code. The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. The proposed conditional use permit, with conditions, is consistent with the CiO/of Temecula General Plan and the applicable sections of the Development Code, and the Municipal Code. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscaping and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The proposed conditional use meets the zoning requirements for integration into the surrounding commercial developments. The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community. Provisions are made in the General Plan, the Regional Center Specific Plan, and the Development Code to ensure that the public health, safety, and welfare are safeguarded with the operation of the drive-thru facilities. The project is consistent with these documents and will be conditioned to meet all applicable requirements. The decision to conditionally approve the conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council. The project has been completely reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. R:~D P~002~02-0605 Power Center II'~Staff reporl PC 5-7-03.doc 9 Attachments PC Resolution No. 2003- - Blue Page 11 Exhibit A Conditions of Approval - Blue Page 15 PC Resolution No. 2003- - Blue Page 11 Exhibit A Conditions of Approval - Blue Page 15 PC Resolution No. 2003- - Blue Page 47 Exhibit A Conditions of Approval - Blue Page 51 Exhibits - Blue Page 63 PA02-0605 A Vicinity Map B Zoning Map C General Plan D Site Plan E-1 Elevations E-2 Elevations F Landscape Plan PA02-0606 D Enlarged Site Plan E-1 Elevations E-2 Elevations PA02-0607 D Enlarged Site Plan E-1 Elevations E-2 Elevations R:~D P'~.002\02q:)605 Power Center Il\Staff repot[ PC 5-7-03.doc 10 ATTACHMENT NO. 1 PC RESOLUTION NO. 2003- PA02-0605 DEVELOPMENT PLAN R:\D P~002\02-0605 Power Center Il\staff report PC 5-7-03~doc PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0605 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 9.24 ACRE COMMERCIAL CENTER WHICH INCLUDES TWO PROPOSED RETAIL BUILDINGS TOTALING 20,500 SQUARE FEET AND THREE CONCEPTUAL FUTURE RETAIL BUILDING PADS LOCATED WITHIN THE TEMECULA REGIONAL CENTER ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO.'S 910- 130-087, 088, 089, 090, 092, AND 096. WHEREAS, Jack Tarr, Diversified Investment Co., filed Planning Application No. PA02- 0605, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA02-0605 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA02-0605 on May 7, 2003, at duly noticed public hearings 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; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA02-0605; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. The Planning Commission, in approving Planning Application No. 02-0605 hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal is consistent with the land use designation and policies reflected for Community Commercial (CC) development in the City of Temecula General Plan, as well as the development standards for the Temecula Regional Center Specific Plan (SP- 7) and the CityofTemecula DevelopmentCode. Thesite is thereforeproperlyplannedandzonedand found to be physically suitable for commemial retail and restaurant uses. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. R:~D P~002~02-0605 Power Center Il\Staff report PC 5-7-O3.doc 12 The architecture proposed for the office is consistent with the Architectural requirements as stated in the Temecula Regional Center Specific Plan (SP-7) and Design Guidelines andthe Commercial Performance Standards of the Development Code. The project has been reviewed for, and as conditioned, can be 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 we/fare. The overall design of the project, including the site, building, parking, circulation and other associated site improvements, is consistent with and intended to protect the health and safety of those working in and around the site. The project has been reviewed for, and 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 Compliance A Notice of Determination for Planning Application No. 02-0605 was made per the California Environmental Quality Act Guidelines Section 15162. This section applies when an Environmental Impact Report (EIR) has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless there are substantial changes not discussed or examined in the EiR. Section 4. Conditions That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA02-0605, a Development Plan to design, and construct a commercial center (Power Center II) with multiple pad sites for separate development and two single story multi-tenant buildings totaling 20,500 square feet on a 9.24 acre lot on the northwest comer of North General Kearney Road and Margarita Road, and known as Assessor Parcel Nos. 910-130-087 thru -090, -092, & -096. The Conditions of Approval are contained in Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of May 2003. A'CrEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary {SEAL} R:\D P~002\02-0605 Power Center ti\Staff report PC 5-7-03.doc 13 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. 2003-_ 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 May 2003, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\D P~002~02-0605 Power Center Il\Staff repor~ PC 5-7-03.doc EXHIBIT A CONDITIONS OF APPROVAL PA02-0605 DEVELOPMENT PLAN R:~D P~002\02-0605 Power Center Il\Staff report PC 5-7-03.doc EXHIBIT A CITY OF TEMECULA CONDITIONS OFAPPROVAL Planning Application No. PA02-0605 (Development Plan) Project Description: A Development Plan for the design, construction and operation of a commercial center (Power Center II) with seven pad sites for separate development and two single story multi-tenant buildings totaling 20,500 square feet on a 9.24-acre lot, on the west side of Margarita Road just north of the northwest corner of North General Kearney Road and Margarita Road. DIF Category: $2.00 per square foot (pursuant to the Development Agreement for the Promenade Mall Project PA96-0333) Assessor Parcel No.: 910-130-087 thru -090, -092, & -096 Approval Date: Expiration Date: May 7, 2003 May 7, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 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 as provided under Public Resoumes Code Section 21108(b) and California Code of Regulations Section 15062. If within said for[y-eight (48) hour pedod the applicant/developer has not delivered to the Community Development Department - 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)]. General Requirements 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 R:\D P~002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 16 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. This approval shall be used within two (2) 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 (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program for the Temecula Regional Center Specific Plan. The applicant shall comply with the Conditions of Approval for Planning Application No. 97- 0118 (Promenade Mall) and the Conditions of Approval for the Temecula Regional Center Specific Plan unless superceded by these Conditions of Approval. The development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan), contained on file with the Planning Department. Additionally, within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: Remove a sufficient number of parking stalls in front of all the buildings to allow for the installation of enhancing elements such as decorative paving, landscaping, and pedestrian amenities in as effort create entry statements to each facility. Additional planters shall be designed into the plaza fronting Pads A & B to enhance and soften the hardscape and building walls. Some of these planters shall be raised to serve as pedestrian fdendly seating areas. Enhance the paving at the entries with the sunray pattern as previously shown, or an alternative decorative paving as approved by the Director of Planning. Landscape planters utilized to house fire or utility equipment shall be enlarged to accommodate the intended landscaping. The sidewalk down the center of the parking row leading to Pad E shall be shifted so that it is adjacent to a curb face, which will avoid splitting this landscape area into two narrow planters. This path of travel shall continue straight across the drive aisle to Pad E. A more direct ADA path shall be provided from Margarita Road to Pads "A", "B", and The ADA path through the center of the site shall be connected to the Ring Road upon completion of the first phase of development. Work limit areas shall be adjusted to lie behind all perimeter streetscape areas and to the top of all slopes shown on the grading plans or as finished on the site. All site plotting within the work limit areas are considered conceptual. Any development within these areas will be subject to separate review by the Planning Commission. The access into the Pad G drive-thru shall be shifted or otherwise modified to better accommodate the dght turn access from the parallel drive aisle. R:~D P~002\02-0605 Power Center Il\Staff report PC 5-7-03.doc = k= no The west driveway off the Mall Entry Drive shall be realigned with the internal drive aisle so as to better serve vehicular traffic flow and avoid head-on conflicts. A landscape planter shall be installed along the north side of the trash enclosure in the parking lot north of Shop B. A three foot high retaining wall shall be installed behind the 32 foot landscape development zone along Margarita Road along the parking lot between Pads F & G. The aroa between this wall and the back of sidewall shall be bermed to raise the streetscape landscaping to aid in screening the parking lot. A planter shall be installed between the Pad G service area wall and the bike rack. The diamond planters shall have a minimum inside clearance of five feet (5'). The parking of delivery vehicles shall not be permitted on site along the Margarita Road frontage. Thero shall be no storage or parking of delivery vehicles within this project site as per the Temecula Regional Center Specific Plan (Sec IV.C.10° 1 .). The retaining wall between Pad C and the mall Ring Road shall be removed from all plans. The design of the "decorative paved concrete" shall be subject to review and approval by Planning prior issuance of building permit All ground mounted utility/mechanical equipment shall not be placed in prominent locations visible to the public. This equipment shall be screened from view. Per the Temecula Regional Center Specific Plan and the Design Guidelines, the double detector check assembly must be installed underground. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of the transformer and the double detector check prior to final agreement with the utility companies. Parking lot lights shall be of a type consistent with the standards used throughout the Mall, which have been a dark bronze, round tapered pole with a mounded height of twenty (20) feet. The site lighting plan shall be approved by the Planning Department prior to installation. Any outside wall-mounted lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. Details of these lights shall be submitted to the Planning Department during plan check for review prior to installation. The installation of wall pack style light shall not be used along the street side elevation. Building elevations shall substantially conform to the approved Exhibits "E-1 and E-2" (Building Elevations), contained on file with the Community Development Department - Planning Department. Within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: A heavier enhanced stucco or other building material shall be utilized around the base of shops A & B where smooth stucco is now proposed. The externally mounted utility rooms on the outside of Shops "A" and "B" shall be internalized. R:~D P~2002\02-0605 Power Center Il\Staff repor~ PC 5-7-03.doc 18 10. 11. Show and label all utilities on the site and landscape plans and provide appropriate screening and enlarge planter areas when necessary to achieve the required screening. Provide a 3' clear zone around fire check detectors as required by the Fire Department before installing the screen. Please group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. All mechanical and roof-mounted equipment shall be hidden by building elements that were designed for that purpose as an integral part of the building. When determined to be necessary by the Director of Planning, the parapet will be raised to provide for this screening. The construction plans shall indicate the application of painted rooftop addressing plotted on a 9-inch grid pattern with 45-inch tall numerals spaced 9-inch apart. The numerals shall be painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. The modified Landscaping Plan shall conform to the approved Exhibit "G" (Landscape Plan). Within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: Streetscape design consistency and entries that offer a definable statement shall be integrated into the plans as required by the specific plan. All four entries should have a consistent design. The corner landscaping at both ends of the project frontage along the Mall Ring Road shall utilize a consistent design that maintains turf across the required depth of the streetscape to maintain open views around the corners, Those areas along the internal streetscape that are required to be planted in turf shall not have a grade in excess of 4:1. The landscape plan shall be amended to show turf planting for 15 feet behind the sidewalk along North General Kearny Road and 10 feet behind the sidewalk along the Mall Ring Road. The Holly Oaks along North General Kearny Road shall be maintained in place and California Peppers shall be installed along the Mall Ring Road. The landscape plan must be revised to remove all conceptual landscaping within the areas of the undeveloped pads with the exception of the perimeter landscaping along the street frontages. Perimeter landscaping shall be installed around the entire site with the completion of the first phase of development. This perimeter landscaping shall include all streetscape areas and slopes visible from the surrounding roadway. The landscape plan shall identify the erosion control plant materials to be installed on all portions of the site reserved for future development. The landscaping planters on the west elevation of the Pad G building shall include shrubs and small trees. As per the Citywide Design Guidelines, 36" box trees shall be utilized to created focal points, define entries and otherwise offer variation to the overall landscaping design. The mix of trees shall be as follow: 20% at 36 inch box, 30% at 24 inch box, and 50% at 15 gallon. R:\D P~002~02-0605 Power Center Il\Staff report PC 5-7-03,doc 19 12. 13. 14. A concrete mow curb shall be installed between turf and shrub areas. Modifications recommended in the letter dated April 19, 2003 by the City's landscape architect, for the landscape plan's consistency with the Temecula Regional Center Specific Plan, shall be completed prior to the submittal of construction landscape plan. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning shall have the authority to require the properbj owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. The Grading Plan shall conform to the revised Conceptual Grading Plan. Within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: The grading plan shall be amended to show all required turf planting areas at no more than a 4:1 maximum slope within the 15 feet planting area behind the sidewalk along North General Kearny Road, the 10 feet behind the sidewalk along the Mall Ring Road, and the 10 feet behind the sidewalk along the Mall Access Drive. The grading plan shall be revised to show finish grade contour lines on one-foot increments for verification of slope grades throughout the site and to determine where grading conflicts will occur between building pads, landscaping, and existing grades. Per the Regional Center Specific Plan, all retaining walls shall be limited to three (3) feet in height. No walls are permitted within the areas reserved for streetscape landscaping. The colors and materials for this project shall substantially conform to the following list of approved colors and materials and with the Color and Material Board (Exhibit H) contained on file with the Planning Department. Any deviation from the approved colors and materials shall require approval of the Director of Planning. Material Windows, doors Wall face Wall face and cornices Wall face Wall base Tower Walls Metal louver awning Wall columns Trellises columns Trellises and rafters Roofing Finish & Color Anodized aluminum storefront - clear glazing fine sand float stucco-BM 2161-40 Antique Rose fine sand float stucco-BM 2173-70 Woodland Snow fine sand float stucco-BM 2153-80 Rich Cream heavy dash stucco-BM 2161-50 Yellow Squash fine sand float stucco-BM 2172-40 Raspberry Parfait BM AC-19 Homestead Green Valley El Dorado Rustic Stone Veneer - Sequoia Rustic Ledge CDI - ST8 W030 split - Oatmeal Wood - California Rustic Concrete roof tiles Eagle Roofing Tile 5087 - gray/brown range R:\D P~002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 20 Prior to the Issuance of Grading Permits 15. 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. 16. 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. 17. The applicant shall revise Exhibits "D, E, F, G, and H', (Site Plan, Elevations, Landscape, Grading Plan, Color and Material Board) to reflect the final Conditions of Approval and submit five (5) full size copies prior to the submittal of any plans for plan check. 18. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and of the colored version of approved Exhibit "H', the colored architectural elevations to the Planning Department for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 19. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 20. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval. These plans shall conform substantially with the approved Exhibit "F", 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 cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). One (1) copy of the approved grading plan. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Total cost estimate of plantings and irrigation (in accordance with the approved plan). 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. Prior to the Issuance of Occupancy Permits 21. 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. R:\D P~002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 22. 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 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. 23. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectodzed 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 909 696-3000." 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 3 square feet in siZe. 24. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. DEPARTMENT OF PUBLIC WORKS 25. Unless otherwise noted, all conditions shall be completed by the Developer at no costto any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 23. A Grading Permit for a 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. 24. 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. 25. 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. 26. The driveway on Margarita Road shall be restricted to right-in/right-out movements. R:~D P~2002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 22 Prior to Issuance of a Grading Permit 27. 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. 28. 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. 29. 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. 30. 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. 31. 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 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. 32. 33. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive wdtten clearance from the following agencies: Planning Department Department of Public Works 34. 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. 35. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 36. 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. R:~D P~2002~02-0605 Power Center Il\Staff report PC 5-7-03,doc 23 Prior to Issuance of a Building Permit 37. 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: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City of Temecula Standard No. 207A. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401and 402. 38. 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. a= Street improvements, which may include, but not limited to: pavement, sidewalk, and drive approaches. 39. 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. 40. The Developer shall obtain an easement for ingress and egress over the adjacent property. 41. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 42. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (-I-UMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Issuance of a Certificate of Occupancy 43. 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. 44. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District Department of Public Works 45. 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. R:\D P~2002\02-0605 Power Center ri\Staff report PC 5-7-03.doc 24 BUILDING & SAFETY DEPARTMENT 46. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 47. 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. 48. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 49. Obtain all building plans and permit approvals prior to commencement of any construction work. 50. Obtain street addressing for all proposed buildings prior to submittal for plan review. 51. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 52. Provide house electrical meter provisions for power for the operation of exterior lighting, fi re alarm systems. 53. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 54. 55. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Provide electrical plan including Icad calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 56. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 57. Provide precise grading plan at plan check submittal to check for handicap accessibility. 58. 59. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. 60. Show all building setbacks. R:\D P~002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 25 61. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, 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 Sunday or Government Holidays FIRE DEPARTMENT 62. 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. 63. Within 30 days of approval and prior to any building permits being issued, the applicant must provide to the fire prevention bureau a revised site plan, floor plan and other drawings and documents to address all corrections listed on previous correction letters, acceptable to the Chief. 64. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-I. The developer shall provide for this project, a water system capable of delivering 3000 GPM at 20-PSI residual operating pressure, plus an assumed sprinkler demand of 1850 G PM for a total fire flow of 5850 GPM with a 3 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 65. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. A minimum of 3 hydrants, in a combination of on-site and off- site (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 400 feet apart, at each intersection and shall be located no more than 225 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 Ill-B). 66. 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) 67. 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) 68. 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 reads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) R:\D P~002~02-0605 Power Center Il\Staff repod PC 5-7-03.doc 26 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 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 lbs. GVVV with a minimum AC thickness of .25 feet. (CFC sec 902) 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) The gradient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) 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) 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) 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, and 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 ) 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) Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on ail 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. Commemial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 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 an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) R:'~D P~002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 27 79. 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 in a location as approved on the final site and floor plans. (CFC 902.4) 80. 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. 81. Prior to the building final, speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81) 82. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau.(CFC 7901.3 and 8001.3) Special Conditions 83. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, NFPA - 13, 24, 72 and 231-C. 84. 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. 85. If there are changes to underlying maps then prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI Arclnfo/AroView compatible format and projected in a State Plane NAD 83 (California Zone VI ) coordinate system. The Bureau must acceptthe data as to completeness, accuracy and format prior to satisfaction of this condition. 86. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit, These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 87. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) R:~D P~002\02q3605 Power Center Il\Staff report PC 5-7-03.doc 28 COMMUNITY SERVICES DEPARTMENT General Conditions 89. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 90. The developer shall contact the City's franchised solid waste hauler for disposal of construction debds. Only the City's franchisee may haul construction debris. 91. All parkways, landscaping, on-site lighting and fencing shall be maintained by the property owner or maintenance association. Prior to Issuance of Building Permits 92. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. OTHER AGENCIES 93. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated November 18, 2002, a copy of which is attached. 94. The applicant shall comply with the recommendations set forth in the Riverside County Department of Environmental Health transmittal dated November 18, 2002, a copy of which is attached. By placing my signature below, I confirm that I have road, 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 Planning Commission approval. Applicant's Signature Date Name printed R:\D P~002~02-0605 Power Center It\Staff repod PC 5-7~3.doc 29 November 18, 2002 Thomas Thomsley, Case Planne~0V City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY FOR PARCELS NO. 9, NO. 10, NO. 11, NO. 12, AND NO. 13 OF PARCEL MAP 28530-2; APNS 910-130-087 THROUGH 910-130-090; 910-130-092 AND 910-130-096; PLANNING APPLICATION NO. PA02-0605 Dear Mr. Thomsley: 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 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 has the potential to become a commercial condominium site with individual building owners, and a homeowners' association maintaining the common property and private water and fire protection facilities. As a condition of the project, RCWD requires that the City include a Reciprocal Easement and Maintenance Agreement for these on-site private water facilities. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E/ Development Engineering Manager 02~SB:mc 102q~012 T6~FCF Laurie Williams, Engineering Services Supervisor Bud Jones, Senior Engineering Technician cOUNTY OF RIVERSIDE · HEALT SERVICES AGENCY November 18, 2002 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Thomas Thomsley RE: Plot Plan No. PA02-0605 DearMr. Thomsley: The Department of Environmental Health has reviewed the Plot Plan No. PA02-0605 commercial site for multiple building pads to build retail and restaurants and we have no objections. Sanitary sewer and water services are available in this area. 2. PRIOR TO ANY BUII,I~ING PLAN ~.:H~;CK APPROVAL for Environmental Health clearance, the following items are required: a) "Will-serve" letters from the appropriate water and sewering agencies. b) Three complete sets of plans for each food establishment (to include vending machines) will be submitted, including a t'nxture schedule, a tYmish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact Food Facility Plan examiners at (909) 600-6330). Sincerely, (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. Local Enforcement ARency * RO Box 1280, Riverside, CA 92502-1280 * (909) 955-8982 * FAX (909) 781-9653 * 4080 Lemon 8treet, 9th Floor, Riverside, CA 92501 Land Use and Water Engineering * RO. Box 1206, Riverside, CA 92502 1206 * (909) 955-8980 * FAX (909} 955-8903 * 4080 Lemon S~reet, 2ad Floor, Riverside, CA 92501 ATrACHMENT NO. 2 PC RESOLUTION 2003- PA02-0606 CONDITIONAL USE PERMIT R!~D P~2002\02-0605 P0w~ 3O PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0606 - A CONDmONAL USE PERMIT AND DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 4,000 SQUARE FOOT RESTAURANT BUILDING WITH A DRIVE-THRU, ATA 9.24 ACRE COMMERCIAL CENTER WITHIN THE TEMECULA REGIONAL CENTER, LOCATED ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO. 910-130-092. WHEREAS, Jack Tarr, Diversified Investment Co., filed Planning Application No. 02-0606, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. 02-0606 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. 02-0606 on May 7, 2003, at duly noticed public hearings 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; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. 02-0606; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findin.qs - Development Plan. The Planning Commission, in approving Planning Application No. 02-0606 hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal for a drive-thru restaurant is consistent with the land use designation and policies reflected for Community Commercial (CC) development in the City of Temecula General Plan, as well as the development standards for the Temecula Regional Center Specific Plan (SP-7) and the City of Temecula Development Code. The site is therefore properly planned and zoned and found to be physically suitable for commercial retail and restaurant uses. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The architecture proposed for the restaurant is consistent with the Architectural requirements as stated in the Temecula Regional Center Specific Plan (SP-7) and Design R:~D P~002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 31 Guidelines and the Commercial Performance Standards of the Developmant Code. The project has been reviewed for, and as conditioned, can be 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. Findinqs - Condition Use Permit. The Planning Commission, in approving Planning Application No. 02-0606 hereby makes the following findings as required by Section 17.04.010E of the Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed conditional use permit is consistent with the underlying site plan for this project, the City of Temecula General Plan and the applicable sections of the Development Code, and the Municipal Code. B. The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. The proposed conditional use permit, with conditions, is consistent with the City of Temecula General Plan and the applicable sections of the Development Code, and the Municipal Code. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscaping and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The proposed conditional use meets the zoning requirements for integration into the surrounding commercial developments. D. The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community. Provisions are made in the General Plan, the Regional Center Specific Plan, and the Development Code to ensure that the public health, safety, and welfare are safeguarded with the operation of the drive-thru facilities. The project is consistent with these documents and will be conditioned to meet all applicable requirements. E. The decision to conditionally approve the conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council. The project has been completely reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. Section4. Environmental Compliance. A Notice of Determination for Planning Application No. 02-0606 was made per the California Environmental Quality Act Guidelines Section 15162. This section applies when an Environmental Impact Report (EIR) has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless there are substantial changes not discussed or examined in the EIR. R:\D P~002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 32 Section 5. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA02-0606, a Conditional Use Permit for the design and construction of a 4,000 square foot restaurant building with a drive-thru, at a 9.24-acre commercial center within Temecula Regional Center located on the northwest corner of North General Kearney Road and Margarita Road, known as assessor pamel no. 910-130-092. The Conditions of Approval are contained in Exhibit A. Section 6. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of May 2003. ATTEST: Dennis Chiniaeff, Chairperson 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. 2003- was duly and regularly adopted by the Planning Commission of the th City of Temecula at a regular meeting thereof held on the 7 day of May 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:~D P~2002~2-0605 Power Center II\Staff report PC 5-7-03.doc 33 EXHIBIT A CONDITIONS OF APPROVAL PA02-0606 CONDITIONAL,USE PERMIT/DEVELOPMENT PLAN R:~D P~2002~2-0605 Power Center il\Staff re EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA02-0606 (Conditional Use Permit; Development Plan) Project Description: Conditional Use Permit for the design and construction of a 4,000 square foot restaurant building with a drive- thru, at a 9.24-acre commercial center within Temecula Regional Center located on the northwest corner of North General Kearney Road and Margarita Road, known as assessor parcel no. 910-130-092. DIF Category: $2.00 per square foot (pursuant to the Development Agreement for the Promenade Mall Project PA96-0333) Assessor Parcel No.: 910-130-092 Approval Date: Expiration Date: May 7, 2003 May 7, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 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 as provided under Public Resoumes Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Community Development Department - 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)]. General Requirements 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. R:\D P~2002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 35 This approval shall be used within two (2) 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 (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program for the Temecula Regional Center Specific Plan. The applicant shall comply with the Conditions of Approval for Planning Application No. 97- 0118 (Promenade Mall) and the Conditions of Approval for the Temecula Regional Center Specific Plan unless superceded by these Conditions of Approval. The development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan) under PA02-0605, contained on file with the Planning Department. Additionally, within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: The parking of delivery vehicles shall not be permitted on site along the Margarita Road frontage. There shall be no storage or parking of delivery vehicles within this project site as per the Temecula Regional Center Specific Plan (Sec IV.C.10. 1 .), except within the two designated spaces near the rear of the building. The exact design and finish of the "decorative concrete" shall be subject to reviewed and approved by Planning prior issuance of building permit. All ground mounted utility/mechanical equipment shall not be placed in prominent locations visible to the public. This equipment shall be screened from view. Per the Temecula Regional Center Specific Plan, the double detector check assembly must be installed underground. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of the transformer and the double detector check prior to final agreement with the utility companies. Parking lot lights shall be of a type consistent with the standards used throughout the Mall, which have been a dark bronze, round tapered pole with a mounded height of twenty (20) feet. The site lighting plan shall be approved by the Planning Department prior to installation. Any outside wall-mounted lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. Details of these lights shall be submitted to the Planning Department during plan check for review prior to installation. The installation of wall pack style light shall not be used along the street side elevation. Building elevations shall substantially conform to the approved Exhibits "E-1 and E-2" (Building Elevations), contained on file with the Community Development Department - Planning. Additionally, within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: a. The screen wall along the upper portion of the raised parapet, of the building on Pad G, shall be finish consistent to the adjacent walls and shall include stucco and cornice treatments. R:\D P~2002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 36 bo Co The spandrel glass windows on the east and west elevations, of the building on Pad G, shall match the framing style of the windows used throughout the facility. The spandrel glass shall not be black or otherwise dark glass, which creates a negative space appearance to the building. Alternatively, these windows could be used for some sort of display relevant to the business. All mechanical and roof-mounted equipment shall be hidden by building elements that were designed for that purpose as an integral part of the building. When determined to be necessary bythe Director of Planning, the parapet will be raised to provide for this screening. 10. The Landscaping Plan shall substantially conform to the approved Exhibit "F" (Landscape Plan) under PA02-0605, contained on file with the Community Development Department- Planning. Additionally, within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: 11. The landscaping planters on the west elevation of the Pad G building shall include shrubs and small trees. Modifications recommended in the letter dated April 19, 2003 by the City's landscape architect, for the landscape plan's consistency with the Temecula Regional Center Specific Plan, shall be completed prior to the submittal of construction landscape plan. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning 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. 12. The colors and materials for this project shall substantially conform to the following list of approved colors and materials and with the Color and Material Board contained on file with the Planning Department. Any deviation from the approved colors and materials shall require approval of the Director of Planning. .Material Windows, doors Wall cornices Wall face Wall base Metal awning Trellises columns Trellises Finish & Color Anodized aluminum storefront - clear glazing sand float stucco-BM 2161-50 Yellow Squash sand float stucco-BM 2153-60 Rich Cream Valley El Dorado Rustic Stone Veneer - Sequoia Rustic Ledge Aluminum Wood and Stone Veneer - Sequoia Rustic Ledge BM 2161-50 Yellow Squash · Prior to the Issuance of Grading Permits 13. 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. R:~D P~2002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 37 14. 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. 15. The applicant shall revise Exhibits "D, E, F and G', (Site Plan, Elevations, Landscape Plan, Color and Material Board) to reflect the final Conditions of Approval and submit five (5) full size copies prior to the submittal of any plans for plan check. 16. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and of the colored version of approved Exhibit "H", the colored architectural elevations to the Planning Department for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 17. A Consistency Check fee shall be paid per thff City of Temecula Fee Schedule. 18. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval. These plans shall conform substantially with the approved Exhibit "F", 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 cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). One (1) copy of the approved grading plan. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Total cost estimate of plantings and irrigation (in accordance with the approved plan). 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. Prior to the Issuance of Occupancy Permits 19. 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. 20. Per[ormance 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 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. R:~D P~2002\02-0605 Power Center Ii,Staff repod PC 5-7-03.doc 38 21. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of pomelain 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 909 696-3000." 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 3 square feet in size. 22. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. DEPARTMENT OF PUBLIC WORKS 23. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 24. A Grading Permit for 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. 25. 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. 26. 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. Prior to Issuance of a Grading Permit 27. 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. 28. The Developer shall post secudty 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. R:~D P~2002~O2-0605 Power Center Il\Staff report PC 5-7-03.doc 39 29. 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. 30. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 31. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: ao San Diego Regional Water Quality Control Board Planning Department Department of Public Works 32. 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. 33. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 34. The Developer shall obtain any necessary letters of approval or slope easements for off-site work perlormed on adjacent properties as directed by the Department of Public Works. 35. 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. Prior to Issuance of a Building Permit 36. Precise grading plans shall conform to applicable City of Temecula Standards subject approval by the Director of the Department of Public Works. The following design criteria shall be observed: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400.401and 402. 37. 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. 38. The Developer shall obtain an easement for ingress and egress over the adjacent property. R:\D P~002\02-0605 Power Center Il\Staff report PC 5-7-03,doc 4O 39. 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. 40. 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. Prior to Issuance of a Certificate of Occupancy 41. 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. 42. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: ao Rancho California Water District Eastern Municipal Water District Department of Public Works 43. 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. BUILDING & SAFETY DEPARTMENT 44. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 45. 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. 46. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 47. Obtain all building plans and permit approvals prior to commencement of any construction work. 48. Obtain street addressing for all proposed buildings prior to submittal for plan review. 49. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 50. Provide disabled access from the public way to the main entrance of the building. R:\D P~2002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 51. Provide van accessible parking located as close as possible to the main entry. 52. Provide house electrical meter provisions for power for the operation of exterior lighting, fi re alarm systems. 53. Restroom fixtures, number and type, to be m accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 54. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 55. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 56. 57. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 58. 59. A pre-construction meeting is required with the building inspector prior to the start of the building construction. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. 60. Show all building setbacks. 61. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, 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 Sunday or Government Holidays FIRE DEPARTMENT 62. 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 fome at the time of building plan submittal. 63. Within 30 days of approval and prior to any building permits being issued, the applicant must provide to the fire prevention bureau a revised site plan, floor plan and other drawings and documents to address all corrections listed on previous correction letters, acceptable to the Chief. R:\D P~2002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 42 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings 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, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 2350 GPM with a 2-hour duration. The required fire flow may be adjusted dudng the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. A minimum of 1 hydrant, in a combination of on-site and off- site (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access read(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 Ill-B). 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) 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) 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 lbs. GVW. (CFC 8704.2 and 902.2.2.2) 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 reads shall be an all weather surface designed for 80,000 lbs. GVVV with a minimum AC thickness of .25 feet. (CFC sec 902) 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) The gradient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) 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) Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved bythe Fire Prevention Bureau. (CFC 902.2.1) R:~D P~2002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 43 74. 75. 76. 77. 78. 79. 80. 81. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval pdor 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, and spacing and minimum fire flow standards. After the local water company signs the plans, 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) 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) 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 contrastir{g color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall give a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 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 an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 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 in a location as approved on the final site and floor plans. (CFC 902.4) 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. Prior to the building final, speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81) R:\D P~2002\02-0605 Power Center Il\Staff repor~ PC 5-7o03.doc 44 82. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau.(CFC 7901.3 and 8001.3) Special Conditions 83. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, NFPA - 13, 24, 72 and 231-C. 84. 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. 85. If there are changes to underlying maps then prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including pamel and street centerline information. The electronic file will be provided in a ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI ) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. 86. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 87. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) COMMUNITY SERVICES DEPARTMENT General Conditions 88. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 89. 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. 90. All parkways, landscaping, on-site lighting and fencing shall be maintained by the property owner or maintenance association. Prior to Issuance of Building Permits 91. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. R:\D P~2002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 45 OTHER AGENCIES 92. The applicant shall comply with the recommendations set forth in the Riverside County Department of Environmental Health transmittal dated November 18, 2002, 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 Planning Commission approval. Applicant's Signature Date Name printed R:~D P~002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 46 COUNTY OF RIVERSIDE · HEALTH SERVICES AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH November 18, 2002 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Thomas Thornsley RE: Plot Plan No. PA02-0607 Dear Mr. Thornsley: 1. The Department of Environmental Health has reviewed the Plot plan No. PA02-0607 Islands Restaurant and we have no objections. Sanitary sewer and water services are available in this area. 2. PRIOR TO ANY BUILDING PLAN CHECK APPROVAL for Environmental Health clearance, the following items are required: a) "Will-serve" letters from the appropriate water and sewering agencies. b) Three complete sets of plans for each food establishment (to include vending machines) will be submitted, including a f~ture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact Food Facility Plan examiners at (909) 600-6330). Sincerely, ~nmental Health Specialist (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. 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 Enfineerin§ * RO Box 1206, Riverside, CA 92502-t 206 * (909) 955 8980 * FAX {909) 955-8903 * 4080 Lemon Slzeet, 2nd Floor. Riverside. CA 92501 ATTA~OHMENT NO. 3 PC RESOLUTION NO. 2003- PA02-0607 DEVELOPMENT PLAN PC RESOLUTION NO. 2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0607 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 5,514 SQUARE FOOT RESTAURANT, ATA 9.24 ACRE COMMERCIAL CENTER WITHIN THE TEMECULA REGIONAL CENTER, LOCATED ON THE NORTHWEST CORNER OF NORTH GENERAL KEARNEY ROAD AND MARGARITA ROAD, KNOWN AS ASSESSOR PARCEL NO. 910-130-096. WHEREAS, Lewis Jackson, Islands Restaurant, filed Planning Application No. 02-0607, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. 02-0607 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. 02-0607 on May 7, 2003, at duly noticed public hearings 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; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. 02-0607; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findin.qs. The Planning Commission, in approving Planning Application No. 02-0607 hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposal for a restaurant is consistent with the land use designation and policies reflected for Community Commercial (CC) development in the City of Temecula General Plan, as well as the development standards for the Temecula Regional Center Specific Plan (SP-7)andtheCityofTemeculaDevelopmentCode. Thesiteisthereforeproperlyplanned and zoned and found to be physically suitable for commercial retail and restaurant uses. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The architecture proposed for the restaurant is consistent with the Architectural requirements as stated in the Temecula Regional Center Specific Plan (SP-7) and Design Guidelines and the Commercial Performance Standards of the Development Code. The project has been reviewed for, and as conditioned, can be found to be consistent with, all R:\D P~002\02-0605 Power Center Il\Staff repod PC 5-7-03.doc 48 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 Compliance. A Notice of Determination for Planning Application No. 02-0607 was made per the California Environmental Quality Act Guidelines Section 15162. This section applies when an Environmental Impact Report (EIR) has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless thero are substantial changes not discussed or examined in the EIR. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. 02-0607, a Development Plan for the design, construction and operation of a 5,514 square foot restaurant, ata 9.24 acre commemial center within the Temecula Regional Center, on a 9.24 acre lot on the northwest corner of North General Kearney Road and Margarita Road, and known as Assessor Parcel No. 910-130-096. The Conditions of Approval aro contained in Exhibit A. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of May 2003. A'CrEST: Dennis Chiniaeff, Chairperson Debbie Ubnoske, Secretary {SEAL} R:~D P~2002~02~605 Power Center il\Staff reporl PC 5-7-03~doc 49 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certifythat PC Resolution No. 2003-. 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 May 2003, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS:. ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\D P~002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 50 EXHIBIT A CONDITIONS OF APPROVAL PA02-0607 DEVELOPMENT PLAN EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA02-0607 (Development Plan) Project Description: The design, construction and operation of a 5,514 square foot restaurant, at a 9.24-acre commercial center within the Temecula Regional Center, on a 9.24-acre lot on the northwest corner of North General Kearney Road and Margarita Road. DIF Category: $2.00 per square foot (pursuant to the Development Agreement for the Promenade Mall Project PA96-0333) Assessor Parcel No.: 910-130-096 Approval Date: May 7, 2003 Expiration Date: May 7, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 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 as provided under Public Resoumes Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Community Development Department - 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)]. General Requirements 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. R:~D P~2002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 52 10. 11. 12. This approval shall be used within two (2) 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 (2) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program for the Temecula Regional Center Specific Plan. The applicant shall comply with the Conditions of Approval for Planning Application No. 97- 0118 (Promenade Mall) and the Conditions of Approval for the Temecula Regional Center Specific Plan unless superceded by these Conditions of Approval. The development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan) under PA02-0605, contained on file with the Planning Department. Additionally, within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans. The development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan), contained on file with the Planning Department, and as amended under PA02- 0605. Parking lot lights shall be of a type consistent with the standards used throughout the Mall, which have been a dark bronze, round tapered pole with a mounded height of twenty (20) feet. The site lighting plan shall be approved by the Planning Department pdor to installation. Any outside wall-mounted lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. Details of these lights shall be submitted to the Planning Department during plan check for review pdor to installation. The installation of wall pack style light shall not be used along the street side elevation. The development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan) under PA02-0605, contained on file with the Planning Department. Additionally, within 30 days following final approval, and pdor to issuance of building permits, the applicant shall submit 5 sets of revised plans addressing the following: Building elevations shall substantially conform to the approved Exhibits "E-1 and E-2" (Building Elevations), contained on file with the Planning Department as amended by these changes: All mechanical and roof-mounted equipment shall be hidden by building elements that were designed for that purpose as an integral part of the building. When determined to be necessary by the Director of Planning, the parapet will be raised to provide for this screening. The Landscaping Plan shall substantially conform to the approved Exhibit "F" (Landscape Plan) under PA02-0605, contained on file with the Planning Department. Additionally, within 30 days following final approval, and prior to issuance of building permits, the applicant shall submit 5 sets of revised plans. R:\D P~2002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 53 13. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Planning. If it is determined that the landscaping is not being maintained, the Director of Planning 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. 14. The colors and materials for this project shall substantially conform to the following list of approved colors and materials and with the Color and Material Board contained on file with the Planning Department. Any deviation from the approved colors and materials shall require approval of the Director of Planning. Material Windows, doors Wall face Wall base Wall stonework Canvas awnings Finish & Color Wood with Olympic Stain #716 - semi transparent stain Textured exterior stucco-SW1109, Tan Smooth texture stucco, SW1103 - Dark Biege Valley El Dorado Rustic Stone Veneer- Sequoia Rustic Ledge Sunbrella #8602, 8610, Wood Siding Resawn cedar board and batten siding, Olympic Stain #911- Feather Gray Roofing Flat concrete roof tile Roofing (tower element) Corrugated metal roof, factory finish - Galvanized Prior to the Issuance of Grading Permits 15. 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. 16. 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. 17. The applicant shall revise Exhibits "D, E, F and G', (Site Plan, Elevations, Landscape Plan, Color and Material Board) to reflect the final Conditions of Approval and submit five (5) full size copies prior to the submittal of any plans for plan check. 18. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and of the colored version of approved Exhibit "H", the colored amhitectural elevations to the Planning Department for their files. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. Prior to the Issuance of Building Permits 19. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule. 20. Three (3) copies of Construction Landscaping and Irrigation Plans shall be submitted to the Planning Department for approval. These plans shall conform substantially with the approved Exhibit "F", 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 cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: R:~D P~002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 54 Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). One (1) copy of the approved grading plan. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). Total cost estimate of plantings and irrigation (in accordance with the approved plan). 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. Prior to the Issuance of Occupancy Permits 21. 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. 22. 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 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. 23. 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 909 696-3000." 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 3 square feet in size. 24. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. R:~D P~002~)2-0605 Power Center Il\Staff report PC 5-7-03.doc 55 DEPARTMENT OF PUBLIC WORKS 26. Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 27. A Grading Permit for 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. 28. 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. 29. 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. Prior to Issuance of a Grading Permit 30. 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. 31. 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. 32. 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. 33. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: San Diego Regional Water Quality Control Board Planning Department Department of Public Works 35. 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. R:~D P~002\02~605 Power Center Il\Staff report PC 5-7-03.doc 56 36. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. 37. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 38. 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. Prior to Issuance of a Building Permit 39. Precise grading plans shall conform to applicable City of Temecula Standards subject approval by the Director of the Department of Public Works. The following design criteria shall be observed: Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401and 402. 40. 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. 41. The Developer shall obtain an easement for ingress and egress over the adjacent property. 42. 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. 43. 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. Prior to Issuance of a Certificate of Occupancy 44. 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. 45. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: Rancho California Water District Eastern Municipal Water District Department of Public Works R:\D P',2002\02-0605 Power Center Il\Staff reporl PC 5-7-03.doc 57 46. 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. BUILDING & SAFETY DEPARTMENT 47. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 48. 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. 49. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 50. Obtain all building plans and permit approvals prior to commencement of any construction work. 51. Obtain street addressing for all proposed buildings prior to submittal for plan review. 52. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 53. Provide disabled access from the public way to the main entrance of the building. 54. Provide van accessible parking located as close as possible to the main entry. 55. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 56. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. 57. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 58. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 59. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 60. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. R:\D P~2002\02-0605 Power Center Il\Staff repot[ PC 5-7-03.doc 58 61. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 62. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. 63. Show all building setbacks. 64. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, 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 Sunday or Government Holidays FIRE DEPARTMENT 62. 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. 63. Within 30 days of approval and prior to any building permits being issued, the applicant must provide to the fire prevention bureau a revised site plan, floor plan and other drawings and documents to address all corrections listed on previous correction letters, acceptable to the Chief. 64. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commemial buildings 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, plus an assumed sprinkler demand of 850 GPM for a total fire flow of 2350 GPM with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 65. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Iii-B, Table A-III-B-1. A minimum of I hydrant, in a combination of on-site and off- site (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to 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 Ill-B). 66. 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) R:\D P~002~02-0605 Power Center IEStaff reporl PC 5-7-03.doc 59 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 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) 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 lbs. GVVV. (CFC 8704.2 and 902.2.2.2) 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 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 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) The gradient for fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) 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) 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) 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, and 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 ) 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) 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. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) R:~D P~2002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 60 77. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 78. 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 an fire alarm system monitored by an approved Unde~vriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 79. 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 in a location as approved on the final site and floor plans. (CFC 902.4) 80. 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. 81. Prior to the building final, speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81) 82. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau.(CFC 7901.3 and 8001.3) Special Conditions 83. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, NFPA - 13, 24, 72 and 231-C. 84. 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. 85. If there are changes to underlying maps then prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI Amlnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. R:\D P~2002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 61 86. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 87. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) COMMUNITY SERVICES DEPARTMENT General Conditions 89. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 90. 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. 91. All parkways, landscaping, on-site lighting and fencing shall be maintained bythe property owner or maintenance association. Prior to Issuance of Building Permits 92. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. OTHER AGENCIES 93. The applicant shall comply with the recommendations set forth in the Riverside County Department of Environmental Health transmittal dated November 18, 2002, a copy of which is attached. By placing my signature below, I confirm that I have road, 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 Planning Commission approval. Applicant's Signature Name printed Date R:\D P~002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 62 ~,~A [-I COUNTY OF RIVERSIDE · HEALTH SERVICES AGENCY F1 November l 8, 2002 NOV g 0 2002 Ci.ty of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attantion: Thomas Thomsley RE: Plot Plan No. PA02-0606 Dear Mr. Thomsley: 1. The Depamnent of Environmental Health has reviewed the Plot Plan No. PA02-0606 Krispy Kreme Donuts. and we have no objections. Sanitary sewer and water services are be available in this area. 2. PRIOR TO ANY BIJII.DI/~IG PLAN CHECK APPROVAL for Environmental Health clearance, the following items are required: a) "Will-serve" letters from the appropriate water and sewering agencies. b) Three complete sets of plans for each food establishment (to include vending machines) will be submitted, including a fucture schedule, a finish schedule, and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law. For specific reference, please contact Food Facility Plan examinem at (909) 600-6330). Sincerely, ~qm~?g~ental Health Specialist (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. Local Enforcement Agenc9 · EO 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 · [~O Box 1206. Riverside. CA 92502-1206 · (909) 955-8980 · FAX 1909) 955-8903 · 4080 Lemon Streei. 2nd Floor, Riverside, CA 92501 A~-I'A~HMENT NO. 4 EXHIBITS R:~D P~2002\02-0605 Power Cen er \Staff report PC 5-7-0~.~doc, 63 CITY OF TEMECULA ade Mai PLANNING APPLICATION NO. PA02-0605 (Development Plan) EXHIBIT A VICINITY MAP PLANNING COMMISSION DATE - May 7, 2003 R:\D P~2002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 64 CITY OF TEMECULA EXHIBIT C DESIGNATION --CC ~ Commercial) PLANNING APPLICATION NO. PA02-0605 (Development Plan) PLANNING COMMISSION DATE - May 7, 2003 GENERAL PLAN R:~E) P~002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 65 CITY OFTEMECULA P~WER CENTER II KEY MAP '~HE PROMENADE MALL SPECIFIC PLAN RESIDENTIAL SPECIFIC PLAN COMMERCIAL · REFER TO CIVIl PLAN FOR EASEMEN! PLANNING APPLICATION NO. PA02-0605 (Development Plan) EXHIBIT D PLANNING COMMISSION DATE - May 7, 2003 SITE PLAN R:~D P~.002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 66 CITY OF TEMECULA PLANNING APPLICATION NO. PA02-0605 (Development Plan) EXHIBIT E-1 PLANNING COMMISSION DATE - May 7, 2003 R:\D P~2002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 67 CITY OF TEMECULA $ 10 4 G K L 1 11 E D =LANNING APPLICATION NO. PA02-0605 (Development Plan) PLANNING COMMISSION DATE - May 7, 2003 ELEVATION R:\D P~2002\02-0605 Power Center Ir\Staff report PC 5-7-03.doc 68 CITY OF TEMECULA FLOOR ~I~R0[ SCAE 1/16'=1'-0' "SEE BLOW-UP Ft.~S F~R BUILDING DI~4EN,~ON$ PLANNING APPLICATION NO. PA02-0605 (Development Plan) EXHIBIT E-3 PLANNING COMMISSION DATE - May 7, 2003 R:\D P~2002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 69 CITY OF TEMECULA CONCEPTUAL LAND)SCAPE PLAN PLANNING APPLICATION NO. PA02-0605 (Development Plan) EXHIBIT F-1 LANDSCAPE PLAN PLANNING COMMISSION DATE - May 7, 2003 R:\D P~002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 7O CITY OFTEMECULA C©NCE~TUAL L~HD$CAPE PLAN PLANNING APPLICATION NO. PA02-0605 (Development Plan) EXHIBIT F-2 PLANNING COMMISSION DATE - May 7, 2003 LANSCAPE PLAZA DETAIL R:\D P~2002\02-0605 Power Center Il\Staff repom~ PC 5-7-03.doc CITY OF TEMECULA PLANNING APPLICATION NO. PA02-0606 (Condition Use Permit) EXHIBIT D ENLARGED SITE PLAN PLANNING COMMISSION DATE - May 7, 2003 R:\D P~2002\02-0605 Power Center Il\Staff report PC 5-7-03.doc 72 CITY OF TEMECULA PLANNING APPLICATION NO. PA02-0606 (Condition Use Permit) EXHIBIT E-1 PLANNING COMMISSION DATE - May 7, 2003 ELEVATION R:\D P~2002\02-0605 Power Center Il\Staff repor~ PC 5-7-03.doc 73 CITY OF TEMECULA FJ~T ELEVAllON F-~ST ELEVA1X3N PLANNING APPLICATION NO. PA02-0606 (Condition Use Permit) r E-2 PLANNING COMMISSION DATE - May 7, 2003 ELEVATION R:\D P~002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 74 CITY OF TEMECULA PROPB:IIY -- UNE ~ 32' SE3'BACK LANDSCAPING CONCRETE FINISH - 36' H. PATIO WALL - PATIO HEA~ER (TYP.) PLANNING APPLICATION NO. PA02-0607 (Development Plan) EXHIBIT D PLANNING COMMISSION DATE - May 7, 2003 ENLARGED SITE PLAN R~D P~2002\02-0605 Power Center Il\Staff report PC 5-7 03.doc 75 CITY OF TEMECULA ! ~ ? . · , I~I~ ~ ~ ~-:~ ~_L~:= ......... .--.--~-~'~ ~l ~U ~ ....... ~~-~_~.__~:~ ~ - ........~-_ --~~__ ~~ , , , ~ , ~ ~ , , =-_ ~ ~:~.~ ~ . ._ WEST EL~A~ON SO~ EL~A~ON ~ PLANNING APPLICATION NO. PA02-0607 (Development Plan) EXHIBIT E-1 ELEVATION PLANNING COMMISSION DATE - May 7, 2003 R:\D P~2002~02-0605 Power Center Il\Staff report PC 5-7-03.doc 76 CITY OF TEMECULA EAST ELEVATION NORTH ELEVATION PLANNING APPLICATION NO. PA02-0607 (Development Plan) EXHIBIT E-2 PLANNING COMMISSION DATE - Ma 7, 2003 ELEVATION R:\D P~.002\02-0605 Power Center Il\Staff report PC 5-7-03,doc 77