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HomeMy WebLinkAbout011905 PC Agenda II 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 (951 )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 January 19, 2005 - 6:00 P.M. ******** Next in Order: Resolution No. 2005-001 CALL TO ORDER Flag Salute: Commissioner Chiniaeff RollCall: Chiniaeff, Guerriero, Mathewson, Olhasso, and Telesio PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address theComr'nission on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary Drior 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 lire considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific Items be removed from the Consent Calendar for separate action. 1 Aaenda RI;:COMMENDATION: R:\PLANCOMMlAgendas\2005\01-19-QS.doc 1.1 Approve the Agenda of January 19, 2005 2 Minutes RECOMMENDATION: 2.1 Approve the Minutes of October 6, 2004 2.2 Approve the Minutes of October 20, 2004 2.3 Approve the Minutes of November 3, 2004 2.4 Approve the Minutes of November 17, 2004 3 Director's Hearina Case UDdate RECOMMENDATION: 3.1 Approve the Director's Hearing Case Update for December, 2004 COMMISSION BUSINESS Elect new Chairperson and Vice Chairperson PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heardin 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 December 15, 2004 4 Plannina ADDlicationNo. PA04-0550. a Maior Modification to a DeveloDment Plan. submitted bv Brian Price. Breckenridae GrOUD. to allow exterior elevation chanaes and .the conversion of a Coco's Restaurant to a Rubv's Diner. located at 26495 Ynez Road. west of Ynez Road between Winchester Road and Overland Drive in the Palm Plaza ShoDDina Center. Matt Peters. Associate Planner Continued from January 5, 2005 5 Plannind ADDlication Nos. PA04-0134 and PA04-136. a DeveloDment Plan and Tentative Tract MaD No. 32113. submitted bv Matthew Faaan Consultants. to construct two. multi- tenant industrial buildinQs on 8.5 acres. Buildina A is 73;148 SQuare feet and includes 27 industrial condominium units ranQinQ in size from 2.066 to 4.143 SQuare feet and BuildinQ B is 55.785 SQuare feet and includes 17 industrial condominium units ranQinQ in size from 2.066 to 4.143 SQuare feet. located on the north side of ReminQton Avenue and south side of Dendv Road. between Diaz Road and Winchester Road. Cheryl Kitzerow. Associate Planner. R:\PLANCOMMlAgendas\2005\01-19-QS.doc 2 6 Plannina ADDlication Nos. PA04-0359 and PA04-0365. TentativeTract MaD No. 32104 and a Home Product Review. submitted by Greystone Homes. to subdivide 5.2 acres into 53 sinale family residential lots. 18 ODen sDace lots. one street lot. and consider the architectural desian and Dlacement of the DroDosed homes within the tract. located on the northwest comer of Lake House Road and Sarasota Lane within the Harveston SDecific Plan area. Matthew Harris. Associate Planner. New Items 7 Plannina ADDlication No. PA04-0358. Tentative Tract MaD No. 32319. submitted by Standard Pacific Homes. to subdivide 3.92 acres into 6 sinale-family residential lots with a minimum lot size of 20.000 sauare feet. located in Plannina Area 16 of the Wolf Creek SDecific Plan. southeast of Wolf Valley Road and Pechanaa Parkway. west of the Redhawk DeveloDment. Chervl Kitzerow. Associate Planner. 8 Plannina ADDlication No. PA04-0350. Tentative Tract MaD No. 32436. submitted by Lennar Communities Inc. to subdivide 10.8 acres into 76 sinale-family residential lots and 10 ODen sDace lots. located east of Ynez Road and north of Date Street within the Harveston Soecific Plan area. Matthew Harris. Associate Planner. 9 Plannina ADDlication No. PA04-0393. a DeveloDment Plan. submitted by CUrry Brandaw Architects. to construct. establish. and oDe rate a four-story senior conareaate care facilitv consistina of 115 units on 2.1 acres and an' exceDtion to the develoDment standards to reduce the onsite Darkina reauirements bv 13 SDaces. located on the southeast comer of Villaae Road and ToWnshiD Road within the Harveston SDecific Plan. Matthew Harris. Associate Planner. COMMISSIONER'S REPORTS PLANNING DIRECTOR'S REPORT Next regular meeting: February 2, 2005 Council Chambers 43200 Business Park Drive Temecula, CA 92590 ADJOURNMENT '- R:\PLANCOMMlAgendas\2005\01-19-05.doc l 3 ITEM #2 ,.d': _ . . . MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION OCTOBER 06, 2004 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 P.M., on Wednesday, October 6, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Chairman T elesio thanked Eve Craig for the prelude music. ALLEGIANCE Commissioner Guerriero led the audience in the Flag salute. ROLL CALL Present: Commissioners Chiniaeff, Guerriero, and Chairman Telesio. Absent: Mathewson and Olhasso. PUBLIC COMMENTS Mr. Dough Kerner representing Temecula Creek Inn, expressed concern with the Joint City Council/Planning Commission minutes of August 10, 2004. Mr. Kerner relayed that it is his opinion that the minutes of the workshop did not completely reflect the substance of the discussion in regard to the General Plan land use Issue discussion. For the Commission, Ms. Ubnoske clarified that what came before the Joint Workshop was the CACs recommendation; noting that it was not a Public Hearing and that it would not be appropriate for staff or the Commission to be given direction to overturn or change the CACs recommendation; and that when the recommendation come before the Planning Commission in a Public Hearing, the Commission at that time, could choose to have a difference of opinion with respect to the CACs recommendation. Ms. Ubnoske also relayed that she will bring Mr. Kerner's concerns to the City Clerk's attention. CONSENT CALENDAR 1 Aaenda RECOMMENDATION: 1.1 Approve the Agenda of October 6, 2004 2 Minutes RECOMMENDATION: R:lMinutesPC\ 100604 1 2.1 Approve the Minutes of Adjourned Regular Joint City Council/Planning Commission Workshop of August 10, 2004 2.2 Approve the Minutes of August 18, 2004 2.3 Approve the Minutes of September 1, 2004 . MOTION: Commissioner Chiniaeff moved to approve Items No. 2.2 and 2.3 and because lack of quorum, roll over Item No. 2.1. Commissioner Guerriero seconded the motion and voice vote reflected approval with the exception of Commissioner's Mathewson and Olhasso who were both absent. New Item 3 Plannino ADDlication No. PA04-0200. PA04-0201. PA04-0202. and PA04-0203. a DeveloDment Plan. submitted by John Clement of Venture Point. to construct a neiohborhood shoDDino center with eioht commercial buildinos totalino 80.524 souare feet consistino of 23.553 souare feet of multiDle use retail SDace. 18.722 souare feet of multiDle use restaurant sDace. an 18.000 souare foot orocerv store. a 13. 217 souare foot druo store. and 7.032 souare feet of multiDle use Drofessional office SDace. In coniunction. a Vestino Tentative Parcel MaD to subdivide a 9.77 acre Darcel into six (6) Darcels. a Minor Conditional Use Permit for a drive-thru Dharmacv at the DroDosed druo store. and a Minor Conditional Use Permit to allow for the sale of alcohol (TYDe 21 license. off-sale oenerall . from the DroDosed druo store and the DroDosed orocerv store. located at the southeast corner of Rancho California Road and Meadows Parkway Associate Planner Fisk presented a staff report (of record), noting the following: . That in May 2003, the City Council denied an application for the project site that was filed by Venture Point for Community Commercial Shopping Center design with a 38,372 square foot grocery store . That the applicant has worked with staff to redesign the site to address design concerns expressed by the City Council including reduction in the size of the market to make the shopping center compatible with the with site Specific Plan and General Plan designation of Neighborhood Commercial . That the City Council expressed concern with the size of the grocery store; that the loading spaces for the market were facing the residential properties on the hill; and that the scale of the overall project would need to be reduced to a pedestrian scale to better fit with the surrounding Neighborhood Commercial designation . That staff has worked with the applicant and neighboring community to achieve a variety of project enhancements that will result in a project where the neighborhood commercial scale; that the reduction in size of the market was the most essential change necessary to establishing the project as a neighborhood commercial center; and that the application . is consistent with the Margarita Village Specific Plan and General Plan and General Plan designations of Neighborhood Commercial R:\MinutesPC\ 100604 2 . . . . That the loading facilities will be placed in the rear of the buildings where there will be minimal activity . That a tree-shaded plaza area with a water feature was added to create an outdoor eating area . That enhanced paving will be provided within the plaza area, such as stone veneer and enhanced pre-cast concrete on portions of the facades of building E and F . That pedestrian access will include a walkway placed along a tree-lined aisle that extends from Rancho California Road to Meadows Parkway (in front of Buildings D thru I) and a walkway leading from the plaza area to the front of Building B that is separated from the parking area; that these walkways create an environment with safe and convenient pedestrian interaction between businesses . That staff is of the opinion that there is insufficient provisions of a base material for the buildings throughout the site; and that staff also expressed concern regarding blank wall spaces and the visibility of delivery doors at the rear of Buildings Band C from Meadows Parkway; however, the applicant is of the opinion that there is adequate building features and screening . That staff has also expressed concern with the lack of landscaping in the front of the grocery building (Building H); and requested an outdoor seating area to provide seating for a deli planned within the grocery store; and that the applicant responded that additional landscaping and outdoor seating would severely limit the function of the grocery store . That the sale of beer, wine, and distilled spirits rflquires that a CUP be obtained from the Planning Commission; that Type 21 license, off-sale general is being proposed at the drug-store and the proposed grocery store . That the application is consistent with the Development Code and that the census tract is not over concentrated with off-sale licenses so Public Convenience or Necessity findings are not required . That an initial study has been prepared and indicates that the project will have potential significant impacts unless mitigation measures are included as a Condition of Approval; and that based on mitigation listed within the mitigation monitoring program for the program for the project addressing aesthetics and noise, staff would recommend adoption of a Mitigated Negative Declaration for the project . That in conclusion, staff recommends that the proposed project is consistent with the General Plan and conforms to the Margarita Village Specific Plan (SP), the Development Code, the Citywide Design Guidelines and the Temecula subdivision; therefore, staff recornmends that the Planning commission approve the proposed Development Code, Vesting Tentative Parcel Map, and Minor CUP R:\MinutesPC\ 100604 3 . That staff has some corrections and additions as follows: . o That page 4 of the staff report should read: 1 space/30D square feet of gross floor area versus 1 space/100; noting that the calculations for the proposed and required parking spaces is correct o That the Resolution for the alcohol CUP Section 2, delete verbiage: in regards to criteria for Public Convenience or Necessity. . That staff distributed a memo to the Planning Commission requesting that a Condition of Approval be added to the Development Plan (see memo) . That the Public Works Department requested that the two Conditions of Approval be added to the Development Plan (see memo); noting that the Condition would limit the access to the parcel as shown on the Development Plan . That Condition of Approval No. 31 of the Development Plan be revised to read: that prior to occupancy of the first building permit, all perimeter landscaping must be installed . That the applicant is requesting that Condition of approval No. 44 of the Vesting Tentative Parcel Map be removed; and that because the proposed buildings do not cross property lines and the property could be developed as proposed without subdivision, both the Planning Department and Public Works Department agree that it would be appropriate to remove the Condition of Approval. For Commissioner Chiniaeff, Mr. Fisk relayed that other pedestrian uses would be reviewed by . the Planning Director as to whether or not they would be appropriate for the plaza. Commissioner Chiniaeff queried if the City Attorney should comment. In response to Commissioner's Chiniaeff's query, Mr. Fisk noted that staff encouraged the applicant to add additional landscaping to the rear of Buildings of Band C but that the applicant is of the opinion that no changes or addition of landscaping is necessary. Via Overhead, Mr. Fisk, displayed elevations of the original proposed project. At this time, the Public Hearing was opened. Mr. John Clement, of Venture Point Development, offered the following comments: . That the applicant is satisfied with staff's Condition of Approval except for the use changes (see memo) distributed by Mr. Fisk at the Planning Commission meeting . That the proposed plaza will offer a pedestrian gathering for the public . That there are other uses that are not listed on staff's memo such as a florist and card shop and that Mr. Fisk's list is not conclusive. . R:\MinutesPC\ 100604 4 . . . Mr. Richard Sallis, attorney representing the applicant, offered the following: . That the applicant would be opposed to the additional Conditions beyond what the existing code requires as it relates to this portion of the property . That the proposed project conforms to the Specific Plan (SP) and General Plan; that there are within the uses that are allowed and would not like to further limit it. Commissioner Chiniaeff queried on what types of material would be used for the bottom portion of the buildings. For Commissioner Chiniaeff, Mr. Clement noted that the applicant will be using materials that will be harmonious to Wine Country; that there will be a blend of pre-cast materials, stone materials, and brick materials; that on the elevations there would be full height base materials on building F and wrapping around E and G. Mr. Brian Wolfe, architect for the project, offered the following comments: . That dynamic elements have been incorporated to the street elevation of Buildings B and C . That the lower 3 feet of Building Band C will be of pilaster; and that there will be a shrub hedge that will grow 3 to 4 feet tall along the building . That durable materials will be applied to the buildings . That column bases in front of the market will be of pre-cast; and that the wall will be protected by a concrete curb element . That there will not be pre-cast materials along the entire front of the shopping store, only on the columns and pilasters where the shopping carts will be stored . That there will be architectural integrated lighting, decorative scones, and wall packs which are needed for security lighting Commissioner Guerriero queried if awnings and other materials would be incorporated on the street side of Buildings A west elevation and I north elevation, other than stucco. For Commissioner Guerriero, Mr. Wolfe responded that landscaping will be incorporated at those elevations to provide screening. Mr. John Wieneke, representing the applicant, offered the following information: . That there will be a 20 foot setback of landscaping that is very thick . That the monument sign is a blockade which is made of a soft edge meant to isolate building A entirely R:lMinutesPC\ 100604 5 . That building A is architecturally detailed and has nice looking edges; and that this will be a non-pedestrian area and that because of the grade difference, one would need to go out of their way to see it . For Chairman Telesio, Mr. Weineke relayed that the applicant spent a tremendous amount of time looking for a fountain that would be proportional to the center; and the amount of trees that are being proposed is what staff required; and that the applicant is of the opinion that the proposed water fountain would be the correct size for the center. For Commissioner Guerriero, Mr. Weineke relayed that precautions have been taken to prevent skateboarding. For Mr. Madden, Mr. Clement noted that the applicant would expect to begin construction in the beginning of the New Year and noted that the entire length of the project will be in 15 months; and that the applicant will be moving expeditiously as possible through the process. Mr. Tony Harris, Temecula resident noted this appreciation for the proposed center but expressed concern with the two slopes and queried on what types of tress would be added. Mr. Clement relayed that the applicant is willing to maintain the slope or let the HOA maintain it; and that the applicant will leave the decision to the HOA. Mr. John Wieneke offered the following comments: . That the declining rosemary on the slope will be removed . . That the acacia shrubs will be removed and replaced with new acacia shrubs will be replaced . That liquid amber, pepper trees, and afghan pine trees will be planted . That larger trees will be added at the bottom of the slope . That all landscape standards have been met . That the applicant is willing to work with the HOA to satisfy any concerns of adjacent homeowners in regard to the slope . That the applicant hired a specialty lighting consultant to design the lighting fixtures; and that all the lights will be directional and will be focused toward the center; and also advised that the lights will be set on timers . That construction hours will adhere to the City hours . That an emergency contact number will be posted to address any type of violation Commissioner Chiniaeff queried on the hours of trash pick-up. Ms. Ubnoske relayed that staff will ensure that the contractor will have the trash hauler pick up . trash during reasonable hours. R:\MinutesPC\ 100604 6 . . . For Commissioner Chiniaeff, Mr. Wieneke noted that to date, no leases for restaurants have been signed but that the applicant has been actively marketing and currently has 18 letters of intent; and that the applicant will be encouraging a harmonious blend of tenants. For the Commission, Deputy of Public Works Parks noted that if delivery trucks are entering into the residential area, the Public Works Department will address the situation. For the Planning Commission, Mr. Markham relayed that Mr. Dodson would be available to answer any concerns in regard to air quality. Mr. Dodson noted that if smoke odors were to become a nuisance, the public would be able to address their concerns to the South coast Air Quality District, who would intern help to resolve the problem. For Commissioner Guerriero, Mr. Parks relayed that the landscape median will be completed in conjunction with the proposed project. Commissioner Chiniaeff suggested changing the language in the memo distributed by Mr. Fisk regarding the uses to read: that other pedestrian oriented uses appropriate for the plaza area if reviewed and approved by the Planning Director prior to occupancy, (preferably prior to leasing). For Commissioner's Chiniaeff and Guerriero, Ms. Ubnoske relayed that the applicant will need to return to the Planning Commission with a sign program. Commissioner Chiniaeff suggested that the applicant add a screen over the back doors of the buildings and that the applicant work closely with the HOA in regard to maintenance of the slope. MOTION: Commissioner Chiniaeff moved to approve the proposed project subject to the conditions listed in staff's report, including the uses listed in the memo but adding that: portions of the buildings that front the plaza area, shall be uses as determined to be appropriate by the Director of Planning; that all subsequent changes of uses shall be approved by the Director of Planning. Commissioner Guerriero seconded the motion and voice vote reflected aDDroval with the exception of Commissioner's Mathewson and Olhasso who were both absent. COMMISSIONER'S REPORT No reports at this time. PLANNING DIRECTOR'S REPORT Ms. Ubnoske advised the Planning Commission that the list of qualifications for the architect position was released and that interviews will begin November, 10, 2004 and requested two Commissioners to assist in the interview panel. Ms. Ubnoske also noted that staff will be meeting with the staff of the upcoming hospital to discuss architectural design, and requested two Commissioners to sit in the design review. R:\MinutesPC\ 100604 7 For Ms. Ubnoske, the Planning Commissioners relayed that they will check their calendars and get back to her. ADJOURNMENT At 7:45 p.m., Chairman Telesio formally adjourned this meeting to next regular meeting to be held on Wednesdav. October 20. 2004. John Telesio Chairman Debbie Ubnoske Director of Planning R:\MinutesPC\ 100604 8 . . . . . . MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION OCTOBER 20, 2004 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 P.M., on Wednesday, October 20, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Commissioner Chiniaeff led the audience in the Flag salute. ROLL CALL Present: Commissioners Chiniaeff Guerriero, Mathewson, Olhasso, and Chairman Telesio. Absent: None. PUBLIC COMMENTS None. CONSENT CALENDAR 1 Aoenda RECOMMENDATION: 1.1 Approve the Agenda of October 20, 2004 2 Minutes RECOMMENDATION: 2.1 Approve the Minutes of Adjourned Regular Joint City CounciVPlanning Commission Workshop of August 10, 2004 (Continued from October 6, 2004) 3 Director's Hearino Case UDdate RECOMMENDATION: 3.1 Approve the Director's Hearing Case Update for September 2004 MOTION: Commissioner Chiniaeff moved to approve the Consent Calendar. Commissioner Mathewson seconded the motion and voice vote reflected approval with the exception of Commissioner Guerriero who abstained from Item No. 2.1. R:\MinutesPC\ 102004 1 COMMISSION BUSINESS . PUBLIC HEARING ITEMS New Items 4 Plannino ADDlication No. PA04-0149 a DeveloDment Plan. submitted bv Thomas Fanale. to construct a 13,716 souare foot industrial warehouse and office buildina. located at 42103 Rio Nedo Assistant Planner Damko presented a staff report (of record), noting the following: . That staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable ordinances, standards, guidelines, and policies . That staff recommends approval of the Development Plan with the attached Conditions of Approval. At this time, the public hearing was opened and due to no speakers it was closed. MOTION: Commissioner Guerriero moved to approve staff's recommendation. CommisSioner Mathewson seconded the motion and voice vote reflected unanimous approval. PC RESOLUTION NO. 2004-054 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0149, A DEVELOPMENT PLAN TO CONSTRUCT A 13,716 SQAURE FOOT INDUSTRIAL AND OFFIE BUILDING ON 0.90 ACRES LOCATED AT 42103 RIO NEDO, KNOWN AS ASSESSOR PARCEL NO. 909-252-009 . 5 ADDlication No. PA04-0456 a DeveloDment Plan. submitted bv Kate Salvesen. to construct a 15.000 souare foot buildino for La-Z-Bov on .94 acres in the Power Center II ShoDDino Center. located west of Maroarita Road at the northeast corner of North General Kearnv . That the application is for a vacant pad at the Power Center II site; and that La-Z-Boy is proposing a Development Plan at this location . That staff has worked with the applicant to ensure that all concerns have been addressed and that the applicant concurs with the Conditions of Approval. For Commissioner Mathewson, Mr. Hazen relayed that the project will provide 29 parking spaces onsite; however, 30 spaces are required; that one (1) additional parking spot can be provided through the reciprocal parking agreement, which was established as part of the approval for Phase II of the Power Center. . R:\MinutesPC\ 102004 2 . . . For Commissioner Chiniaeff, Mr. Hazen noted that the La-Z-Boy facility would be a showroom only and that there would not be any delivery of furniture out of this facility and would be willing to add this as a Condition of Approval. At this time, the Public Hearing was opened. Mr. Michael Karate, representing the applicant Kate Salvessen, noted the following: . That most of the deliveries are for gallery show room purposes; however, some customers will be able to pick-up their furniture from the site but will not be unpacking any furniture. . That the whole Development of the Power Center II was parked on a 10: 1 0000 ratio; and that if every building were to become a restaurant, it would be in fact meet that requirement . That the applicant is in agreement of the Conditions of Approval but would request to change the color of the awning from green to blue. Mr. Matthew Fagan, representing Jack Tarr, made the following comments: . That the Planning Commission support the applicant's request for the color change of the awning . That the Condition of Approval relating to Development Impact Fees, TUMPF, and Art in Public Places Ordinance which was enacted after the Development Agreement was taken, is a concern and would request that the fees not apply. For Mr. Fagan, Assistant City Attorney Curley noted that because he has not read the document, a condition could be added that states: that to the extent permitted by the Development Agreement, any current fees will be paid; and that if in review the DA prohibits them, they will not be imposed. At this time, the Public Hearing was closed. Commissioner Chiniaeff suggested that the item be continued to allow the City Attorney to review the document. Mr. Curley responded that he would be satisfied by adding a condition indicating that any fees are due and payable under the DA will be charged. MOTION: Commissioner Chiniaeff moved to approve staff's recommendation subject to the condition that states that any fees are due and payable under the DA will be charged; that any trash created by La-Z-Boy be hauled away immediately and the color change request from green to blue be honored. Commissioner Guerriero seconded the motion and voice vote reflected unanimous aDDroval. R:\MinutesPC\ 102004 3 . . . MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION November 3, 2004 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:17 P.M., on Wednesday, November 3, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Commissioner Chiniaeff led the audience in the Flag salute. ROLL CALL Present: Commissioners Chiniaeff, Mathewson, Olhasso, and Chairman Telesio. Absent: Guerriero. PUBLIC COMMENTS None. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Agenda of November 3, 2004 2 Minutes RECOMMENDATION: 2.1 Approve the Minutes of September 15, 2004 MOTION: Commissioner Chiniaeff moved to approve the Consent Calendar. Commissioner Mathewson seconded the motion and voice vote reflected approval with the exception of Commissioner Guerriero who was absent. COMMISSION BUSINESS R:\MinutesPC\110304 1 . New Items 3 Plannina ADDlication No. PA04-0133 a DeveloDment Plan/Product Review, submitted bv D.R. Horton. Continental Residential. Inc.. for the desian of 98 sinale-familv residences. includina four floor Dlans and six architectural styles. located on the south side of Murrieta Hot SDrinas Road and west of the future extension of Butterfield State Road within the RoriDauah Ranch SDecific Plan. Plannina Area 1A Associate Planner Long relayed that the applicant is in agreement with all of the Conditions of Approval. At this time, the Public Hearing was opened; due to no speakers the Public Hearing was closed. MOTION: Commissioner Chiniaeff moved to approve staff's recommendation. Commissioner Mathewson seconded the motion and voice vote reflected aDDroval with the exception of Commissioner Guerriero who was absent. PC RESOLUTION NO. 2004-062 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0133, A PRODUCT REVIEW FOR 98 DETACHED SINGLE FAMILY RESIDENCES WITHIN PLANNING AREA 1A OF THE RORIPAUGH RANCH SPECIFIC PLAN, KNOWN AS TRACT 29661-1 . 4 Plannina ADDlication No. PA04-0077 a DeveloDment Plan, submitted bv William Lyon Homes. to construct 69 attached sinale-familv condominium units on 4.6 acres located within a Dortion of Plannina Area 3 of the Harveston SDecific Plan boundary, located at the northwest comer of Harveston Drive and lakeview Road Associate Planner Harris relayed that he had nothing new to add to the staff report but is of the opinion that the applicant may have a concern with one of the Conditions of Approval. At this time the Public Hearing was opened. Mr. Matthew Fagan, representing the applicant, requested clarification in regard to development fees. Assistant City Attorney Curley noted that a Condition of Approval could be added that states: All Development fees shall be paid in conformance with the Development Agreement that regulates the development project. For the Commissioner, Mr. Fagan noted that he would be satisfied with the added condition. At this time, the Public Hearing was closed. . R:\MinutesPC\110304 2 . MOTION: Commissioner Chiniaeff moved to approve staff's recommendation with the added Condition of Approval regarding Development Agreement Fees. Commissioner Olhasso seconded the motion and voice vote reflected aDDroval with the exception of Commissioner Guerriero who was absent. PC RESOLUTION NO. 2004-063 RESOLUTIONOF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVAING THE PLANNING APPLICATION NO. PA04-0077, A DEVELOPMENT PLAN APPROVING THE ARCHITECTURAL DESIGN AND PLACEMENT OF SIXTY-NINE (69) ATTACHED SINGLE-FAMILY CONDOMINIUMS WITHIN THE TRACT ("SAVANNAH"), LOCATED INPLANNING AREA 3 OF THE HARVESTON SPECIFIC PLAN 5 Plannina ADDlication No. PA04-0079. a DeveloDment Plan, submitted by William Lyon Homes. to construct 93 attached sino Ie-family condominium units on 6.4 acres located within Plannina Area 5 of the Harveston SDecific Plan boundary. located at the southwest corner of Harveston Way and Marqarita Road . Associate Planner Harris noted that there have been no changes to the report. At this time, the Public Hearing was opened; due to no speakers the Public Hearing was closed. MOTION: Commissioner Chiniaeff moved to approve staff's recommendation subject to the added Condition of Approval regarding Development fees and that the applicant work with staff on the color scheme. Commissioner Mathewson seconded the motion and voice vote reflected approval with the exception of Commissioner Guerriero who was absent. PC RESOLUTION 2004-064 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVIANG PLANNING APPLICATION NO. PA04-0079, A DEVELOPMENT PLAN APPROVING THE ARCHITECTURAL DESIGN AND PLACEMENT OF NINETY- THREE (93) ATTACHED SINGLE-FAMILY CONDOMINIUMS WITHIN THE TRACT ("SAVANNAH"), LOCATED IN PLANNING AREA 5 OF THE HARVESTON SPECIFIC PLAN COMMISSIONER'S REPORT . For Commissioner Olhasso, Ms. Ubnoske relayed that the City has received three (3) proposals for the architect position and that she will be meeting with the top candidate on November 22, 2004. R\MinutesPC\110304 3 PLANNING DIRECTOR'S REPORT Ms. Ubnoske distributed a Code Enforcement Report to the Commission. ADJOURNMENT At 6:30 p.m., Chairman Telesio formally adjourned this meeting to next regular meeting to be held on Wednesday. November 17. 2004. John Telesio Chairman Debbie Ubnoske Director of Planning R:\MinutesPC\ 110304 4 . . . . MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION NOVEMBER 17,2004 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:17 P.M., on Wednesday, November 17, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Commissioner Mathewson led the audience in. the Flag salute. ROLL CALL Present: Commissioners Chiniaeff, Guerriero, Mathewson, and Chairman Telesio. Absent: Olhasso. PUBLIC COMMENTS None. . CONSENT CALENDAR 1 Aoenda RECOMMENDATION: 1.1 Approve the Agenda of November 17, 2004 2 Director's Hearino Case UDdate RECOMMENDATION: 2.1 Approve the Director's Hearing Case Update for October 2004 MOTION: Commissioner Chiniaeff moved to approve the Consent Calendar. Commissioner Guerriero seconded the motion and voice vote reflected aDDroval with the exception of Commissioner Olhasso who was absent. COMMISSION BUSSINESS New Items . R:\MinutesPC\111704 1 3 Plannina ADDlication No. PA03-0447 a DeveloDment Plan. submitted bv SPREI/MEI. Craio . Wav. for the construction of a 10.500 sauare foot commercial buildina. known as the Queen Ann Victorian Buildina. on 0.19 acres. located at the northeast corner of Old Town Front Street and Fourth Street Associate Planner Fisk presented a staff report (of record), noting the following: . That the proposed building will be located at the north/east corner of Front and 4th street; and that there is an existing alleyway along the north side of the building . That the street elevation of the proposed building will include a covered boardwalk . That the building setbacks meet the minimum requirements of the Specific Plan and that the proposed 82.3 percent lot coverage is well below the maximum permitted lot coverage of 100 percent . That onsite parking will not be required for the proposed project and parking will not be provided . That the proposed project will conform to all the architectural development regulations of the Old Town Specific Plan . That the proposed building will incorporate various architectural features from the Queen Anne Victorian style; that the features will include: porch and balcony areas, a variety of wood framed windows with decorative trim in various sizes and shapes, wood doors, . wall brackets and corbels, bay windows with copper roof elements with a wide range of wood trim, and synthetic trim and accent details establishing the design of Queen Anne . That the landscape plan conforms to the landscape requirements of the OTSP; that the project proposes to landscape 484 square feet or 5.8 percent of the site; that the OTSP recommends a minimum of one, 15-gallon tree for every 800 square feet of landscaping and one shrub or vine for every 50 square feet of landscaping provided; and that the project will exceed the recommendation for both trees and shrubs . That the project has been conditioned to record a parcel merger prior to issuance of a building over lot lines; that because such a condition is not included in the project conditions of approval, staff proposes that a new condition be added to the Condition of Approval that states: The applicant shall file an application for a parcel merger for the two adjoining parcels of the project site and the parcel merger shall be recorded prior to issuance of a building permit . That in addition, the Public Works Department has requested that a Condition of Approval be added that states: All steps shall be placed outside of the public right-of- way . That the plans reviewed by the Planning Commission at the 11-17-04 Planning Commission meeting are placed outside of the right-of-way . That staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan, Old Town Specific Plan, Development Code, and all applicable ordinances. . R:\MinutesPC\ 111704 2 . . . At 6:09 p.m., the Public Hearing was opened. Mr. Craig Way, the applicant, noted that offices will be used on the second floor and retail on the lower floor; that the applicant has processed through the Public Works Department a parcel merger application which has been approved and recorded with the City Clerk. For Commissioner Mathewson, Mr. Way stated that he is in agreement with Condition of Approval No. 33. Mr. Otto Baron, Temecula resident, relayed his opposition for the proposed project stating that the proposed project does not reflect the tradition and history of Temecula. At 6:15, the Public Hearing was closed. For Commissioner Mathewson, Ms. Ubnoske relayed that the architecture is consistent with the Old Town Specific Plan and that the Old Town Local Review Board has approved the proposed project. MOTION: Commissioner Guerriero moved to approve staff's recommendation. Commissioner Mathewson seconded the motion and voice vote reflected aDProval with the exception of Commissioner Olhasso who was absent. PC RESOLUTION NO. 2004-065 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0447, A DEVELOPMENT PLAN TO CONSTRUCT A 10,550 SQUARE FOOT COMMERCIAL BUILDING ON 0.19 ACRES LOCATED AT THE NORTHEAST CORNER OF OLD TOWN FRONT STREET AND FOURTH STREET, KNOWS AS ASSESSOR PARCEL NOS. 922-033-010 AND 922-033-011 Plannina ADDlication No. PA04-0260. a DeveloDment Plan. submitted bv AGK GrouD LLC. for the addition of a third floor to each of the aDDroved buildinas 12, 17.27. 35 & 38 for a total of 20 new aDartment units added to the aDDroved 220 units for a total of 240 units. located on the southeast corner of Rancho California Road and Moraaa Road. Chervl Associate Planner Kitzerow via overhead, presented staff report (of record), highlighting the following: . That the original approval on October 24, 2002 was 246 units . That staff has reviewed the application to add 20 units and increase the height of five (5) buildings; that staff has determined that the proposed modifications do not substantially conform with the density scale of development intended for the site; that the project is not consistent with the Growth Management Program action Plan density and amenity requirements; and that the applicant has not provided for Multi-Use Trail Segment 17, an 8-foot trail identified in the Trails and Bikeways Master Plan to be located along the westerly and southerly portion of the project site. 4 R:\MinutesPC\ 111704 3 . That at the time the original project was approved, the Master Plan was not adopted; . that since that time, the plan has been adopted and the plan calls for an 8 foot trail along the westerly and southerly portions of the property which are not accommodated the current proposal . That the understanding is that when the City is ready to construct the trail, that as long as the City indemnifies Edison of liability, that this would be an appropriate location for a trail . That TCSD is requesting that the developer of the proposed project to construct an 8- foot connection to the Edison easement on the applicant's property. For Chairman Telesio, Ms. Kitzerow relayed that the original project was conditioned to underground the overhead utility lines along Rancho California Road; but that the ordinance that was referenced to require that under grounding expired, and that condition cannot be implemented; and that should the proposed project be approved a new condition requiring that under grounding would be place; that staff is recommending denial of the project and should the Planning Commission approve the proposed project, staff would recommend a continuance for findings and Conditions of Approval for the project. For Commissioner Guerriero, Ms. Kitzerow noted that she has received one phone call from a resident who was not in support of the proposed project; and that she has not received any written correspondence. Mr. Parks stated that the power lines along Rancho California are 12 kb and 33 kb and that the City's ordinance requires anything less than 34 kb to be underground. Commissioner Chiniaeff noted that it is his opinion that having the power lines underground . would be a major amenity to the City. Ms. Ubnoske clarified for the Planning Commission that the 20 units being proposed would still be within the Guidelines of the General Plan and zoning for the project. For the Commission, Ms. Kitzerow noted that there will be a significant amount of landscaping that will screen the proposed project. Development Services Administrator McCarthy relayed that the requested trail connection on the west side of the project is off the Edison easement. At this time, the proposed project was opened. Mr. A.G. Kating, the applicant, offered the following comments: . That building two (2) is not a two-story building but rather a three-story building . That there has not been a reduction in the size of the recreation center . That a full-updated traffic analysis report was administered and approved by the City of Temecula For Commissioner Chiniaeff, Mr. Kating relayed that the cost of undergrounding the power lines will cost the developer half-a-million dollars. The following individuals spoke in favor of the proposed project: . Mr. Robert Oder . Mr. Bart Buchalter . Mr. Scott Hanson . R:\MinutesPC\ 111704 4 . . . The above mentioned individuals spoke in favor for the following reasons: . That the project will be an asset to the community and adjacent uses . Advised that this would be the best project that could be proposed at this site . That the proposed site will be adequately landscaped. For the record, Commissioner Guerriero noted that he met with the developer of the proposed property and walked the site and was pleased with the layout; and is of the opinion that installing the power lines would be a tremendous asset to the Community; and stated that as long as the applicant is willing to agree to the right-of-way of the trail issue, has no problem approving the proposed project. Commissioner Mathewson relayed his concern with the proposed project not being consistent with the Growth Management Program Action Plan and General Plan Community Design Policies and is not inclined to support the proposed project at this time. Commissioner Chiniaeff reiterated that the applicant already agreed to provide the City with the under grounding of the lower lines and a multi-use trail and therefore, and is of the opinion that the proposed project should be approved. Chairman Telesio also spoke in favor of the proposed project and reiterated the fact that the under grounding of the power lines will be a huge benefit to the City of Temecula. MOTION: Commissioner Chiniaeff moved to deny staff's recommendation and approve the proposed project subject to the Condition that the project come back to the Planning Commission with the findings that the project is in conformance with the Growth Management Plan; that the addition of the 3rd story element to the Type I buildings does not create a negative aesthetic impact; and that the Public Hearing be left open and that the Item be continued to December 15. 2004 with a resolution of approval. Commissioner Guerriero seconded the motion and voice vote reflected approval with the exception of commission Mathewson who voted No and Commissioner Olhasso who was absent. COMMISSIONER'S REPORT No report at this time. PLANNING DIRECTOR'S REPORT Ms. Ubnoske relayed that the contract for the architect position will be going forward forward to the City Council in the near future and that staff will also be interviewing for a Communications Consultant! ADJOURNMENT At 7:35 p.m., Chairman Telesio formally adjourned this meeting to next regular meeting to be held on Wednesday. December 15. 2004. John Telesio Chairman Debbie Ubnoske Director of Planning R:\MinutesPC\ 111704 5 ITEM #3 . CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: FROM: Planning Commission Debbie Ubnoske, Director of Planning DATE: January 19, 2005 SUBJECT: Director's Hearing Case Update Planning Director's Agenda items for December 2004. December 2, 2004 F'Jqp09al PA04-0488 A Product Review for the construction of Brian Approved ten detached single family homes ranging MacGregor in size from 4,006 square feet to 4,106 square feet and the potential for two attached casitas, located on the north side of the intersection of Green Tree Road and Grapevine Road and on the south side of Rancho Vista Road. December 9, 2004 PA04-0493 A Conditional Use Permit to establish a Walter Approved 56,000 square foot recreation and medical Combs, MD facility (associated with Rancho Family Medical Group) in an existing 76,886 square foot building in the Light Industrial Zone, located at 28780 Single Oak Drive Attachment: 1. Action Agendas - Blue Page 2 . R,IDIRHEARIMEM0I2005\1-2005.doc . CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: FROM: Planning Commission Debbie Ubnoske, Director of Planning DATE: January 19, 2005 SUBJECT: Director's Hearing Case Update Planning Director's Agenda items for December 2004. December 2, 2004 PrtlPosal PA04-0488 A Product Review for the construction of Brian Approved ten detached single family homes ranging MacGregor in size from 4,006 square feet to 4,106 square feet and the potential for two attached casitas, located on the north side of the intersection of Green Tree Road and Grapevine Road and on the south side of Rancho Vista Road. December 9, 2004 PA04-0493 A Conditional Use Permit to establish a Walter Approved 56,000 square foot recreation and medical Combs, MD facility (associated with Rancho Family Medical Group) in an existing 76,886 square foot building in the Light Industrial Zone, located at 28780 Single Oak Drive Attachment: 1. Action Agendas - Blue Page 2 . R,IDIRHEARIMEM0\200S11-200S.doc ATTACHMENT NO.1 ACTION AGENDAS R:\DIRHEARIMEM0\2oo5\1-2005.doc 2 . . . ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING DECEMBER 2, 2004 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 vour name and address. Item No.1 1 :30 PM Project Information: Project Number: Project Type: Project Title: Applicant: Project Description: PA04-0488 Product Review Saratoga Ridge Brian MacGregor Product Review for the construction of ten detached single- family homes ranging in size from 4,006 square feet to 4,106 square feet and the potential for two attached casitas. North side of the intersection of Green Tree Road and Grapevine Road and on the south side of Rancho Vista Road, just past Temecula Valley School. Notice of Determination per subsequent Negative Declaration Christine Damko APPROVED Location: Environmental Action: Project Planner: ACTION: R:\DIRHEAR\Agendas\2004\12-02-04 Action Agenda.doc ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING DECEMBER 9, 2004 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 1 :30 PM Project Information: Project Number: Project Type: Project Title: Applicant: Project Description: PA04-0493 Conditional Use Permit Rancho Family Medical Group Walter Combs, MD A Conditional Use Permit to establish a 56,000 square foot recreation and medical facility (associated with Rancho Family Medical Group), in an existing 76,886 square foot building in the Light Industrial Zone. The proposal includes medical offices, basketball and volleyball courts, martial arts studio, and nautilus exercise equipment room. The remaining building area will be used for offices and ancillary storage/warehouse. Intended users include Rancho Family Medical staff, physical therapy patients, public leagues, club leagues, and local school leagues. 28780 Single Oak Drive Categorically Exempt, CEQA Section 15301, Class 1 - Existing Facilities Cheryl Kitzerow APPROVED Location: Environmental Action: Project Planner: ACTION: R:\DIRHEAR\Agendas\2004\12-09-04 Action Agenda.doc . . . ITEM #4 . . . CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Matt Peters, Associate Planner January 19, 2005 PA04-0550, Ruby's Restaurant PA04-0550 is a Major Modification to a Development Plan to allow exterior elevation changes and the conversion of a Coco's Restaurant to a Ruby's Diner at 26495 Ynez Road, APN 910- 300-130 (portion). As originally proposed, the application was not consistent with the City of Temecula Development Code or Design Guidelines. At the December 15, 2004 Planning Commission meeting, staff recommended denial or continuance for redesign to incorporate elements deemed acceptable by the Planning Commission. As a result, this item was continued to the January 19, 2005 meeting. The applicant was directed to meet with staff and an ad hoc committee of the Planning Commission to discuss alternative designs for the building. However, due to holidays and scheduling conflicts, a meeting could not be held with the applicant until Tuesday, January 11, 2005. Staff will not have had sufficient time to review the revised proposal and, staff respectfully requests that this item be continued to the February 16, 2005 Planning Commission Meeting. R:\D P\2004\04-6SS0 Ruby's RestauranllMemo Conllnue 01-1D-OS.doc 1 . ITEM #5 . . . . . CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Cheryl Kitzerow, Associate Planner January 19, 2005 CBC Remington - Planning Applications PA04-0134 and PA04-0136 The above reference items were scheduled for Planning Commission on January 5, 2005, however due to a meeting cancellation these items were rescheduled. During this time the applicant has reviewed the proposed Conditions of Approval and requested clarification and elimination of conditions which may be duplicative or not applicable to the proposed project. Staff has revised the Conditions of Approval as follows: 1. Delete COA #11 for the Tentative Tract Map requiring reciprocal access and maintenance of the drive aisles and parking areas, as it is duplicative of COA#1 Ok. 2. Delete the requirement for MSHCP fees for the project (both resolutions) since the application was submitted prior to March 12, 2004, and are, therefore, not subject to these fees per the adopted MSHCP Ordinance. 3. Delete COA #18 for the Tentative Tract Map (Public Works Department) requiring street improvements, since all street improvements exist along the project frontage. 4. Delete COA #53 for the Development Plan (Public Works Department) requiring street improvements, since all street improvements exist along the project frontage. ATTACHMENTS 1. PC Resolution No. 2005-_, Tentative Tract Map - Blue Page 2 Revised Exhibit A - Draft Conditions of Approval 2. PC Resolution No. 2005-_, Development Plan - Blue Page 3 Exhibit A - Draft Conditions of Approval 3. Staff Report from January 5, 2005 Planning Commission Meeting - Blue Page 4 R:\D P\2004\04-0134 CBC Business CenterlPC Memo 1-19-oS.doc 1 ATTACHMENT NO.1 PC RESOLUTION NO. 2005-_ TENTATIVE TRACT MAP R:\D P\2004\04~134 CBC Business Cenler\PC Memo 1-19-QS.doc 2 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0136, TENTATIVE TRACT MAP NO. 32113 TO CREATE 44 INDUSTRIAL CONDOMINIUM UNITS IN TWO BUILDINGS RANGING IN SIZE FROM 2,066 SQUARE FEET TO 4,143 SQUARE FEET ON 8.5 ACRES GENERALLY LOCATED ALONG THE NORTH SIDE OF REMINGTON AVENUE AND SOUTH SIDE OF DENDY ROAD, BETWEEN DiAl ROAD AND WINCHESTER ROAD, KNOWN AS ASSESSOR PARCEL NO. 909-370-037. WHEREAS, Matthew Fagan, filed Planning Application No. PA04-0136 (Tentative Tract Map No. 32113), 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 January 19, 2005, 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. That the above recitations are true and correct and are hereby incorporated by reference. , Section 2. Findinos. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 16.09.140 of the Temecula Municipal Code: A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, the Subdivision Ordinance and the City ofTemecula Municipal Code. The proposed subdivision is a Tentative Tract Map for industrial condominiums and is consistent with the Development Code, General Plan, Subdivision Ordinance, and the City of Temecula Municipal Code because the proposed Tentative Tract Map complies with the development standards and will function as a typical single lot with individual owners of each building suite. R:\T M\2004\04-0136 TIM 32113 cae Business Center\Tract Map dRaft PC Reso & Conditions.doc 1 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. The project site is not subject to any agreements entered into pursuant to the California Land Conservation Act of 1965, because the project site is not within an area requiring conservation nor is the land or surrounding land used for agricultural purposes. C. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The site is physically suitable for the type and proposed density of development proposed by the Tentative Tract Map because the project site will function as a single lot, which allows for, required access, circulation and improvements, however the individual industrial condominium units will be individually owned. 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. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the project conforms with the adopted Mitigated Negative Declaration 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. 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 to ensure all improvements are constructed in a manner consistent with City of Temecula standards. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. 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. 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 because required off-site dedications and improvements have been provided or will be acquired as conditions of approval. . R:\T M\2004\04-0136 TIM 32113 cae Business Center\Tract Map dRaft PC Reso & Conditions.doc 2 . . . H. (Quimby). The subdivision is consistent with the City's parkland dedication requirements Industrial subdivisions are not required to dedicate parkland or fees/requirements (Quimby), therefore the project is consistent with the City's Parkland dedication requirements. Section 3. Environmental ComDliance. Pursuant to California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the proposed Project. Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the project could have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. Section 4. Conditions. The City of Temecula Planning Commission hereby approves Planning Application PA04-0136, a Tentative Tract Map No. 32113 to create 44 condominium units within two industrial buildings on 8.5 acres with conditions of approval as 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 19th day of January 2005. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] R:\T M\2004\04-0136 TIM 32113 cae Business Center\Tr3ct Map dRaft PC Reso & Conditions.doc 3 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. 2005-_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 January, 2005, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: NOES: ABSENT: ABSTAIN: Debbie Ubnoske, Secretary R:\T M\2004\04-0136 TIM 32113 eBe Business Center\Tract Map dRaft PC Reso & Conditions.doc 4 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL TENTATIVE TRACT MAP R:\T M\2004\04"()136 TIM 32113 CBe Business Center\Tract Map dRaft PC Reso & Conditions.doc 5 . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA03-0136 Project Description: A Tentative Tract Map for 44 Industrial Condominiums within two industrial buildings on 8.5 acres located on the north side of Remington Avenue and south side of Dendy Road, between Diaz Road and Winchester Road. MSHCP Category: Not applicable - submittal date prior to Ordinance Assessor's Parcel No.: 909-370-037 Approval Date: January 19, 2005 Expiration Date: January 19, 2008 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) 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/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 2. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, R:\T M\2004\04-0136 TfM 32113 cae Business Center\Tract Map dRaft PC Reso & Conditions.doc 6 employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. . 4. If Subdivision phasing is proposed, a Dhasina Dlan shall be submitted to and approved by the Planning Director. 5. The applicant shall comply with the conditions of approval for Planning Application PA04-0134 and Parcel Map No. 30044, including the mitigation measures included therein, unless superseded by these conditions of approval. Prior to Issuance of Grading Permits 6. A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. 7. 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. Prior to Recordation of the Final Map The following shall be submitted to and approved by the Planning Division: 8. A copy of the Final Map. . 9. A copy of the Environmental Constraint Sheet (ECS) with the following notes: a. 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. b. A Mitigated Negative Declaration was prepared for this project and is on file at the City of Temecula Planning Department. c. This project is within the Alquist-Priolo Special Studies Zone. d. The property is affected by earthquake faulting and ground fissures. Structures for human occupancy shall not be allowed in the fault and ground fissure hazard area. e. County Geologic Report No. 1314 was prepared for this property on February 24, 2004 (updated July 8, 2004 and October 18, 2004 by Twinig-Goval-Ryan Geotechnical Services. 10. A copy of the Covenants, Conditions, and Restrictions (CC&R's) a. 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. b. The CC&R's shall be prepared at the developer's sole cost and expense. . R;\T M\2004\04-0136 TfM 32113 CBC Business Center\Tract Map dRaft PC Reso & Conditions.doc 7 . . 11. . c. The CC&R's shall be in the form and content approved by the Planning Director, City Engineer and the City Attorney and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and it's residents. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Public Works Departments and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and 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 the association may not be terminated without prior City approval. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. Every owner of a suite or lot shall own as an appurtenance to such suite or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. d. e. f. g. h. i. j. All open areas and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Public Works Department prior to the issuance of building permits. k. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by the CC&R's or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. No lot or suite in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's, which shall include compulsory membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive R:\T M\2004\04-0136 TIM 32113 CBC Business Center\Tract Map dRaft PC Reso & Conditions.doc 8 approval of, the city prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. . PUBLIC WORKS DEPARTMENT 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. 15. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 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: 16. 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. Riverside County Flood Control and Water Conservation District d. City of Temecula Fire Prevention Bureau e. Planning Department f. Department of Public Works g. Riverside County Health Department h. Cable TV Franchise i. Community Services District j. General Telephone k. Southern California Edison Company I. Southern California Gas Company 18. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. Street centerline grades shall be 0.5% minimum over P .C.C. and 1.00% . R:\T M\2004\04-0136 TIM 32113 CBC Business Center\Tract Map dRaft PC Reso &Conditions.doc 9 . b. c. d. e. f. minimum over A.C. paving. Driveways shall conform to the applicable City Standard No. 207A. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. 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. 19. 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. 20. Relinquish and waive right of access to and from Dendy Parkway on the Final Map with the exception of one opening as delineated on the approved Tentative Tract Map. 21. . 22. Relinquish and waive right of access to and from Remington Avenue on the Final Map with the exception of one opening as delineated on the approved Tentative Tract Map 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. 23. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Final Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. 24. Any delinquent property taxes shall be paid. 25. 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. 26. 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. 27. . The Developer shall record a written offer to participate in, and waive all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed Western Bypass Corridor in accordance with the General Plan. The form of the offer shall be subject to the approval of the City Engineer and City Attorney. R:\T M\2004\04-01361TM 32113 CBe Business Center\Tract Map dRaft PC Reso & Conditions.doc 10 28. 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. . 29. A 26-foot easement shall be dedicated for public utilities and emergency vehicle access for all private drives. 30. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 31. 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 a Building Permit 32. The Development Plan shall be approved. Other Agencies 33. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated May 11, 2004, a copy of which is attached. . By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name . R\TM\2004\04-0136 TfM 32113 CBe Business Center\Tract Map dRaft PC Reso & Conditions.doc 11 COUNTY OF RIVERSIDE . COMMUl'1fTY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH May 11, 2004 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 A TIN: Cheryl Kitzerow RE: TENTATIVE TRACT MAP NO. 32113 (1 LO'I) Industrial Condominium Development '~~ ~ rE n \Yl [E~ W MAY 1 7 2004 ~ By Dear Ms. Kitzerow: 1. The Department of Environmental Health has reviewed Tentative Tract Map 32113 and recommends: (~ , ~ a A water system shall be installed in accordance with plans and specifications as approved by the water company and the Environmental Health Department. Permanent prints of the plans of the water system shall be submitted in triplicat~; with a minimum scale not less than one inch equals 200 feet, along with the . original drawing to the County Surveyor's Office. The prints shall show the interna1 pipe diameter, location of valves and fire hydrants; pipe and joint . specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities . Commission of the State of California, when applicable. The plans shall be signed by. a registered engineer and water company with the following certification: "I certify that the design of the water system in Tentative Tract Map 32113 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such "Tentative Tract Map". This certification does not constitute a guarantee that it will supply water to such Tentative Tract Map at any specific quantities, flows or pressures for fire protection or any other purpose. A responsible official of the water company shall sign this certification. The plans must be submitted to the County Survevor's Office to review at least two weeks PRIOR to the reauest for the recordation of the fiual maD. 2. This Department has a written statement from Rancho California Water'District agreeing to serve domestic water to each and every lot in the subdivision on demand providing . satisfactory fmancial arrangements are completed with the sub divider. It will be necessary for financial arrangements to be made PRIOR to the recordation of the final map. . ...1 Pn'n.........nf A.......... . Pf'l R^" l?SUl D;.....~;~... r'A 0')1:;0') l,)Q~ . tonQ\ 01:;:1:;. QOQ') ... J:'AV InllOl '7Q1 n.::r:::'l . Anon I ____ c....~__ 0..'- t:1~~~ D:..~_:..I~ ,....1\. O')~, Page Two At1n: Cheryl Kitzerow 3. This subdivision is within the Rancho California Water District and shall be connected to the sewers of the District. The sewer system shall be installed in accordance with plans and specifications as approved by the District, the County Surveyor's Office and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor's Office. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and waterlines shall be a portion of the sewage plans and profiles. The plans shall be singed by a registered engineer and the sewer district with the following certification: "1 certify that the design of the sewer system in Tentative Tract Map 32113 is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tentative Tract Map". The plans must be subrnitted to the County Surveyor's Office to review at least two weeks PRIOR to the request for the recordation of the finaI map. 2; This Department has a written statement from Rancho California Water District agreeing to serve sewer service to each and every lot in the subdivision. It will be necessary for financial arrangements to be made PRIOR to the recordation of the finaI map. Sincerely, . onmental Health Specialist -. .~ , .~ ~ -~:....,. -~ ~ ATTACHMENT NO.2 PC RESOLUTION NO. 2005-_ DEVELOPMENT PLAN R:\D P\2004\04-0134 CBC Business CenterlPC Memo 1-19-OS.doc 3 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0134, A DEVELOPMENT PLAN TO CONSTRUCT TWO MULTI-TENANT BUILDINGS TOTALING 128,933 SQUARE FEET ON 8.5 ACRES IN THE LIGHT INDUSTRIAL ZONE, LOCATED ALONG THE NORTH SIDE OF REMINGTON AVENUE AND SOUTH SIDE OF DENDY ROAD, BETWEEN DIAZ ROAD AND WINCHESTER ROAD, KNOWN AS ASSESSOR PARCEL NO. 909-370-037. WHEREAS. Matthew Fagan filed Planning Application No. PA04-0134 (Development Plan Application), in a manner in accordance 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 January 19, 2005, 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 approved 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. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinas. The Planning Commission, in recommending approval of the Application, hereby makes the following findings as required by Section 17.05.010F 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 Business Park (BP) development in the City of Temecula General Plan. The General Plan has listed the proposed uses, including the light manufacturing, warehouse, and office, as typical uses in the Business Park designation. The Land Use Element of the General Plan requires that proposed buildings be compatible with existing buildings. The proposed office building has been designed to be compatible with the surrounding buildings currently located adjacent to the subject site. In addition, the proposal is consistent with the development regulations of the Light Industrial (LI) zoning district. R\D P\2004\04-O 134 cae Business Center\DP Draft PC Conditions.doc I B. The overall development of the land is designed for the protection of the public . health, safety, and general welfare. The proposed project is consistent with the development standards outlined in the City of Temecula Development Code. The proposed architecture and site layout for the project has been reviewed utilizing the Industrial Development Performance Standards of the Development Code. The proposed project has met the performance standards in regards to circulation, architectural design and site plan design. 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. Pursuant to California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the proposed Project. Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the project could have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. Section 4. Conditions. The City of Temecula Planning Commission hereby approves Planning Application PA04-0134, a request to construct, operate and establish two multi-tenant industrial building totaling 128,933 square feet on 8.5 acres with conditions of approval as 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 19th day of January 2005. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] . R:\D P\2004\04-0134 CBe Business Center\DP Draft PC Conditions.doc 2 . . . STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission. do hereby certify that PC Resolution No. 2005-_ 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 January 2005, by the following vote of the Commission: AYES: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\D P\2004\04-Q134 CBC Business Center\DP Draft PC Conditions.doc 3 EXHIBIT A DRAFT CONDITIONS OF APPROVAL DEVELOPMENT PLAN R:\D P\2004\04-0134 cae Business Center\DP Draft PC Conditions.doc 4 . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA03-0134 Project Description: A Development Plan to design and construct two, single-story multi-tenant industrial buildings totaling approximately 128,933 square feet on 8.5 acres. Building A is 73,148 square feet and Building B is 55,785 square feet. The project site is located on the north side of Remington Avenue and south side of Dendy Road, between Diaz Road and Winchester Road. DIF Category: MSHCP Category: TUMF Category: Business Park/Industrial Not applicable - submittal prior to Ordinance Business Park/Industrial Assessor's Parcel No.: 909-370-037 Approval Date: January 19, 2005 January 19, 2007 Expiration Date: PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicanVdeveloper 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) 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/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 2. 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 legislative body including actions approved by the voters of the City, R:\D P\2004\Q4-QI34 CBC Business Center\DP Draft PC ConditionS.doc 5 concerning the Planning Application. 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 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. 3. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 4. The applicant shall comply with the Mitigation Monitoring Program for Planning Application No. PA04-0134. 5. 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. 6. The Director of Planning may, upon an application being filed within thirty days prior to expiration, and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time. 7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department, with the following revision: a. Site Plan shall be revised to maintain consistency with the Grading Plan - please eliminate duplicative ADA access ramp illustrated within curb line access at Dendy Road. . I I 8. The condition of approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the condition of approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Material Concrete Colors (Base) Color Oyster - Dunn Edwards SP511 Stonish Beige - Dunn Edwards 68 Sunset Cove - Dunn Edwards SP2480 T amborlane - Dunn Edwards SP161 Village Blue - Dunn Edwards SP39 Reflective Blue Concrete Colors (Accent) Glass 9. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner . R:\D P\2004\04.0134 CBC Business Center\DP Draft PC Conditions.doc 6 . . . 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. 10. All mechanical and roof equipment shall be fully screened from public view by being placed below the surrounding parapet wall. 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 the colored architectural elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 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. 11. 12. Prior to Issuance of Grading Permits 13. Prior to the issuance of a grading permit, the applicant shall verify that all earth moving and large equipment are properly tuned and maintained to reduce emissions. In addition, alternative clean-fueled vehicles shall be used where feasible. Construction equipment should be selected considering emission factors and energy efficiency.(Mitigation Measure) 14. Electrical and/or diesel-powered equipment should be utilized in-lieu of gasoline- powered engines. Documentation confirming the equipment type shall be submitted to the Planning Departmenl.{Mitigation Measure) 15. During construction and grading phases, the project site shall be watered down in the morning before grading and/or construction begins and in the evening once construction and/or grading is complete for the day. The project site shall be watered down no less than 3 times (not including the morning and evening water-down) during construction and/or grading activities to reduce dust.(Mitigation Measure) 16. All fill being transported to and/or from the site shall be covered and the wheels and lower portion of transport trucks shall be sprayed with water to reduce/eliminate soil from the trucks before they leave the construction area.(Mitigation Measure) 17. The Applicant shall enter into a pre-construction agreement/treatment plan with the Pechanga Band of Luiseno Indians, prior to the issuance of grading permits, that sets forth and contains the terms and conditions for the treatment of discoveries of Native American cultural resources. The agreement /treatment plan shall contain provisions for the treatment of all Native American cultural items, artifacts, and Native American human remains that may be uncovered during the project. The agreement/ treatment plan may allow for the presence of Pechanga tribal monitors during any ground- disturbing activities.(Mitigation Measure) 18. The Applicant and/or landowner agrees to relinquish ownership of all cultural resources, including all archeological artifacts, that are found on the Project area to the Pechanga Band of Luiseno Indians for proper treatment and disposition.(Mitigation Measure) R\D P\2004\04.0134 CBe Business Center\DP Draft PC Conditions.doc 7 19. Prior to any ground disturbance activities a qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Band of Luiseno Indians and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property.(Mitigation Measure) . 20. If any human remains are encountered on the project site, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office and the Pechanga Band of Luiseno Indians and Miranda, Tomaras, Ogas & Wengler, LLP will be contacted to arrange for the treatment of such remains. (Mitigation Measure) 21. A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check and development shall occur in accordance with the recommendations set forth in the soils report and the EnGEN Corporation studies referenced in Initial Study.(Mitigation Measure) 22. A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check. A registered Civil Engineer shall certify building pads.(Mitigation Measure) 23. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. 24. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. . 25. 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. 26. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." . R:\D N004\04-0134 CBC Business Center\DP Draft PC Conditions.doc 8 . Prior to Issuance of Building Permit 27. Habitable structures shall be constructed outside the 120-foot "restricted use zone" of the main fault trace which lies along the western edge of Parcel 1, and development shall occur in accordance with the recommendations set forth in the EnGEN Corporation studies referenced in Initial Study. In addition, proposed project will be conditioned to utilize construction techniques that are consistent with the California Building Code.(Mitigation Measure) 28. Utilize construction techniques that are consistent with the Uniform Building Code.(Mitigation Measure) 29. A separate building permit shall be required for all signage. 30. . 31. . Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. Provide a minimum five foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. c. Provide an agronomic soils report with the construction landscape plans. d. Detail of outdoor employee eating area. This area shall include a trellis with appropriate vines to shade the outdoor employee break area, decorative furniture and hardscape to match the style of the building subject to the approval of the Planning Director. e. One (1) copy of the approved grading plan. f. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). g. Total cost estimate of plantings and irrigation (in accordance with approved plan). h. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a 3' clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. R:\D P\2004\04-0]34 cae Business Center\DP Draft PC ConditionS.doc 9 32. Building plans shall indicate that all roof hatches shall be painted "International Orange". . 33. 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-inches 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. Prior to Building Occupancy 34. 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. 35. 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. 36. 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." 37. 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. 38. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. DEPARTMENT OF PUBLIC WORKS 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\D P\2004\04-0134 CBC Business Center\DP Draft PC Conditions.doc 10 . . . General Requirements 39. 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. 40. 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. 41. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of a Grading Permit 42. 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. 43. 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. 44. 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. 45. 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 earthquake faults, ground shaking and liquefaction. 46. 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. 47. NPDES - The project proponent shall implement construction-phase and post- construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction- phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include R;\D 1'\2004\04.0134 eBe Business Center\DP Draft PC Conditions.doc II a combination of structural and non-structural on site source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. 48. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 49. 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. 50. 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. 51. 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 52. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400, 401and 402. d. All street and driveway centerline intersections shall be at 90 degrees. e. 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. 53. 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. R:\D P\2004\04-0134 eRe Business Center\DP Draft PC Conditions.doc 12 . . . . . . a. Street improvements, which may include, but not limited to: sidewalks, drive approaches, storm drain facilities, sewer and domestic water systems 54. 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. 55. All access rights, easements for sidewalks for public uses shall be submitted and reviewed by the Director of the Department of Public Works and City Attorney and approved by City Council for dedication to the City where sidewalks meander through private property. 56. 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. 57. 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. The Developer shall record a written offer to participate in, and waive all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed Western Bypass Corridor in accordance with the General Plan. The form of the offer shall be subject to the approval of the City Engineer and City Attorney. 59. 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. 58. Prior to Issuance of a Certificate of Occupancy 60. 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 61. 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. 62. 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 NOO4\04-0134 eBe Business Center\DP Draft PC Conditions.doc 13 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. 63. 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. 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-1. The developer shall provide for this project, a water system capable of delivering 2750 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 1400 GPM for a total fire flow of 4150 GPM 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 III-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 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 a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B). . 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 roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) 69. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) . R:\D P\2004\04-0134 CBC Business Center\DP Draft PC Conditions.doc 14 . . . 70. 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) 71. 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) 72. 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) 73. 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) 74. 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) 75. 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 lellers and lor numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 76. 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) 77. 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) 78. 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 sprinkler riser room door. (CFC 902.4) R\D P\2004\04-0134 CBe Business Center\DP Draft PC Conditions.doc 15 All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) 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. 79. 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) SDecial 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. 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) 86. 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) BUILDING AND SAFETY 87. 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. R:\D P\2004\04~0134 CBC Business Center\DP Draft PC Conditions.doc 16 . . . . 88. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 89. 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. 90. 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. 91. Obtain all building plans and permit approvals prior to commencement of any construction work. 92. Obtain street addressing for all proposed buildings prior to submittal for plan review. 93. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) . 94. 95. 96. 97. 98. 99. 100. 101. 102. . 103. Provide disabled access from the public way to the main entrance of the building. Provide van accessible parking located as close as possible to the main entry. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. Provide an approved automatic fire sprinkler system. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 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. A pre-construction meeting is required with the building inspector prior to the start of the building construction. R\D P\2004\04-0134 eBe Business Center\DP Draft PC Conditions.doc 17 104. Trash enclosures, patio covers, light standards, and any block walls if not on the . approved building plans, will require separate approvals and permits. 105. Show all building setbacks. 106. 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. 94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays COMMUNITY SERVICES General Conditions 107. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 108. 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. 109. The applicant shall comply with the Public Art Ordinance. . 110. All parkways, landscaping, fencing and on site lighting shall be maintained by the property owner or maintenance association. Prior to Issuance of Building Permits 111. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. POLICE DEPARTMENT 112. Landscaping: Applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet (3') or below the ground floor windowsills. Plants, hedges and shrubbery should be defensible plants to deter would-be intruders from breaking into the building utilizing lower level windows. a. Applicant should ensure all trees surrounding all building roof tops be kept at a distance so as to deter roof accessibility by ''would-be burglars." Trees also act as a natural ladder. Prune tree branches with at least a 6 feet clearance from the buildings. b. Any burms should not exceed 3' in height. c. The placement of all landscaping should comply with guidelines from Crime Prevention Through Environmental Design (CPTED). 113. Lighting: All parking lot lighting surrounding the complex should be energy-saving and . minimized after hours of darkness and in compliance with the State of California Lighting R:\D NOO4\04-0134 CBC Business Center\DP Draft PC Conditions.doc 18 . . . Ordinance. Furthermore, all exterior lighting must comply with Mt. Palomar Lighting Requirements. a. All exterior doors should have their own vandal resistant fixtures installed above. The doors shall be illuminated with a minimum one (1) foot candle of light at ground level, evenly dispersed. 114. Hardware: All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 115. Graffiti: Any graffiti painted or marked upon the buildings shall be removed or painted over within twenty-four (24) hours of being discovered. Notify the Temecula Police Department immediately so a report can be taken. 116. Alarm System: Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24-hours a day by a designated private alarm company, to notify the police department immediately of any intrusion. All multi-tenant office/suites/ businesses located within a specific building should have their own alarm system. 117. Roof Hatches: All roof hatches shall be painted "International Orange." 118. Public Telephones: Any public telephones located on the exterior of the buildings should be placed in a well-lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 119. Marked Parking for Disabled Vehicles: All disabled parking stalls on the premises shall be marked in accordance with section 22511.8 of the California Vehicle Code. 120. Crime Prevention: a. All retailing businesses shall contact the California Retailers Association for their booklet on the California Retail Theft Law at: California Retailers Association 1127-11th Street, Suite 1030, Sacramento, CA 95814 (916) 443-1975. Penal Code 490.5 affords merchants the opportunity to recover their losses through a civil demand program. b. Business desiring a business security survey of their location can contact the crime prevention unit of the Temecula Police Department. c. Employee training regarding retail theft, credit card prevention, citizen's arrest procedures, personal safety, business security, shoplifting or any other related crime prevention. training procedures are also available through the crime prevention unit. Any business that serves or sell any type of alcoholic beverages will comply with all guidelines within the Business and Profession Codes and all other guidelines associated with the State Department of Alcohol Beverage Control. Contact the Temecula Police Department for inspections and training for both employees and owners. This includes special events held at business location where alcohol will be serviced for a fee and the event is open to the general public. d. R:\D NOO4\04-0134 cae Business Center\DP Draft PC Conditions.doc 19 e. The Temecula Police Department affords all retailers the opportunity to participate in the "Inkless Ink Program." At a minimal cost of less than $40.00 for inkless ink pads, retailers can take a thumbprint of every customer using a personal check to pay for services. A decal is also posted on the front entry of the business-advising customers of the "Inkless Ink program in use". If the business becomes a victim of check fraud, the police department will be able to track the suspect with the thumbprint. . OUTSIDE AGENCIES 121. The applicant shall comply with the attached letter dated March 17, 2004 from the Riverside County Department of Environmental Health. 122. The applicant shall comply with the attached letter dated March 5, 2004 from Rancho Water. 123. The applicant shall comply with the attached letter dated June 30, 2004 from Riverside County Flood Control and Water Conservation 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 Applicant's Printed Name . R\O P\2004\04-0134 CBe Business Center\DP Draft PC Conditions.doc 20 ATTACHMENT NO.3 JANUARY 5, 2005 PLANNING COMMISSION STAFF REPORT _I R:ID P\2004\04-0134 CBC Business CenlerlPC Memo 1-19-05.doc 4 . . . Date of Meeting: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION January 5, 2005 Title: Associate Planner Prepared by: Cheryl Kitzerow File Number PA04-0134 and PA04-0136 Application Type: Development Plan and Tentative Tract Map Project Description: Recommendation: (Check One) CEQA: (Check One) PA04-0134 is a request for a Development Plan to construct two, multi- tenant industrial buildings on 8.5 acres. Building A is 73,148 square feet. Building B is 55,785 square feet. PA04-0136 is a request for Tentative Tract Map No. 32113 to create 27 industrial condominium units in Building A and 17 industrial condominium units in Building B, ranging in size from 2,066 square feet to 4,143 square feet. The project site is located on the north side of Remington Avenue and south side of Dendy Road, between Diaz Road and Winchester Road in the City of Temecula. (Assessor's Parcel Number 909-370-037) [8J Approve with Conditions o Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial o Categorically Exempt (Class) o Notice of Determination (Section) o Negative Declaration [8J Mitigated Negative Declaration with Monitoring Plan DEIR R:\D N004\04-0134 cae Business Center\STAFF REPORT.doc PROJECT DATA SUMMARY . Applicant: Matthew Fagan Completion Date: March 1, 2004 Mandatory Action Deadline Date: January 5, 2005 General Plan Designation: Business Park (BP) Zoning Designation: Light Industrial (L1) Site/Surrounding Land Use: Site: Vacant, previously graded North: South: East: West: Vacant industrial land Existing industrial buildings Vacant land and existing buildings Existing Scott's building Lot Area: 8.56 acres net 128,933 SF / .345% . Total Floor Area/Ratio Landscape Area/Coverage 83,435 SF / 22% Parking Required/Provided 270 spaces / 265 spaces provided (credits used for provision of bicycle and motorcycle spaces) BACKGROUND SUMMARY 1ZI1. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. An application for a Development Plan and Tentative Tract Map (Condominium Map) were submitted on March 1, 2004. A DRe meeting was held on May 20, 2004 to discuss site, landscaping, architecture and other departmental issues. On June 29, 2004 and August 23, 2004 the applicant submitted revised plans. On November 12, 2004, staff received approval from the Riverside County Geologist regarding the adequacy of the geotechnical reports prepared by the applicant. . RID P\2004\Q4-0134 eBe Business Center\STAFF REPORT.doc 2 . . . ANALYSIS Site Plan The project conforms to the development regulations of the Light Industrial (L1) zoning district. The building setbacks exceed the minimum requirements of the Development Code and the 0.345 Floor Area Ratio is below the target ratio of 0.40 for this zoning district. The proposed 35 percent lot coverage is also below the maximum permitted lot coverage of 40 percent. The proposed site plan provides adequate circulation for vehicles anticipated to utilize the site, as well as for emergency vehicles. Architecture The proposed building is consistent with the Development Code and Design Guidelines. The building will be constructed of concrete tilt-up panels, with architectural enhancements to include glass accents, horizontal reveals and varied base and accent colors which provide visual interest. The buildings include various breaks in the wall planes and parapet design and height, which, in conjunction with landscaping, breaks up building mass from the street view. Staff supports the building design since the variation in building height and materials enhance the appearance of the buildings which may be visible from other areas of the business park. LandscaDina The landscape plan conforms to the landscape requirements of the Development Code and Design Guidelines. Tree and shrub placement will serve to effectively screen onsite parking areas and effectively soften building elevations. The project proposes to landscape 83,435 square feet or 22 percent of the site, which exceeds the minimum 20 percent landscaping requirements in the LI (Light Industrial) zone. There is an existing 2: 1 slope along the south and east property lines. Existing landscaping will be protected in place and meets the City's Landscape Ordinance requirements. Large 36-inch box Red Crepe Myrtles are proposed at the project entries off Remington Avenue and Dendy Road as enhanced entry statements. In addition to proposed landscaping around the perimeter of the site, the proposal also includes varied landscape setbacks around the building footprint. Two outdoor employee eating areas are proposed for the site. These areas are proposed at the easterly property lines of the site, which are higher than the adjacent property and Remington Avenue, providing the opportunity for views. These areas include covered eating areas with picnic tables. The project has been conditioned to provide details of this area to include vines along the shade structures. Access. Circulation and Parkina Access to the proposed building will be provided from a 26-foot wide drive aisle off Remington Avenue and one off Dendy Road, along the southern and northern street frontages for the project site. This configuration allows for access around both proposed buildings, providing adequate on-site circulation. The project provides 265 vehicle parking spaces which is below the 270 vehicle spaces required, however five parking space credits are being requested for the provision of 12 motorcycle spaces (3 vehicle space credits) and 20 bicycle spaces (2 vehicle space credits) which exceed the requirements of the Development Code. In addition, 40 loading spaces are provided throughout the site, in proximity to the building entrances, thereby meeting the loading space requirements of Section 17.24.060 of the Development Code. R:\D P\2004\04-0134 eRe Business Center\STAFF REPORT.doc 3 The Public Works Department has analyzed the projected traffic impact of the project and has determined that the impacts are consistent with the traffic volumes projected for the site by the previously approved City General Plan EIR. The Fire Department also reviewed the plan and determined that there is proper access and circulation to provide emergency services to the site. Tentative Tract MaD The proposed Tentative Tract Map meets the requirements of the Subdivision Ordinance and the Development Code for condominiums. Each unit will consist of the suite area, plus the common area. All off-site improvements in the area exist and will be adequate to serve the proposed project. ENVIRONMENTAL DETERMINATION [8J 1. An initial study has been prepared and indicates that the project will have the following potential significant environmental impacts unless mitigation measures are included as conditions of approval. Based on the following mitigation, staff recommends adoption of the Mitigated Negative Declaration for the project. IMPACT'> The proposed project could potentially expose sensitive receptors to substantial pollutant concentration and could potentially create objectionable odors affecting a substantial number of people working in the nearby area. Directly or indirectly destroying any unique paleontological or archaeological resources. R:\D P\2004\04.0134 CBe Business Center\STAFFREPORT.doc Prior to the issuance of a grading permit, the applicant shall verify that all earth moving and large equipment are properly tuned and maintained to reduce emissions. In addition, alternative clean-fueled vehicles shall be used where feasible. Construction equipment should be selected considering emission factors and energy efficiency. Electrical and/or diesel-powered equipment should be utilized in-lieu of gasoline-powered engines. During construction and grading phases, the project site shall be watered down in the morning before grading and/or construction begins and in the evening once construction and/or grading is complete for the day. The project site shall be watered down no less than 3 times (not including the morning and evening water-down) during construction and/or grading activities to reduce dust. All fill being transported to and/or from the site shall be covered and the wheels and lower portion of transport trucks shall be sprayed with water to reduce/eliminate soil from the trucks before they leave the construction area. The Applicant shall enter into a pre-construction agreemenVtreatment plan with the Pechanga Band of Luiseiio Indians, rior to the issuance of 4 . . . . . Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the Alquist-Priolo Earthquake Fault Zoning Map. Unstable soil conditions from excavation, grading or fill. . R:\D N004\04-0134 eBe Business Center\STAFFREPORT.doc grading permits, that sets forth and contains the terms and conditions for the treatment of discoveries of Native American cultural resources. The agreement {treatment plan shall contain provisions for the treatment of all Native American cultural items, artifacts, and Native American human remains that may be uncovered during the project. The agreement! treatment plan may allow for the presence of Pechanga tribal monitors during any ground-disturbing activities. The Applicant and/or landowner agrees to relinquish ownership of all cultural resources, including all archeological artifacts, that are found on the Project area to the Pechanga Band of Luiseiio Indians for proper treatment and disposition. Prior to any ground disturbance activities a qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Band of Luiseiio Indians and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property . If any human remains are encountered on the project site, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office and the Pechanga Band of Luiseiio Indians and Miranda, Tomaras, Ogas & Wengler, LLP will be contacted to arrange for the treatment of such remains. Habitable structures shall be constructed outside the 120-foot "restricted use zone" of the main fault trace which lies along the western edge of Parcel 1, and development shall occur in accordance with the recommendations set forth in the EnGEN Corporation studies referenced in Initial Study. In addition, proposed project will be conditioned to utilize construction techniques that are consistent with the California Buildinn Code. A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check and development shall occur in accordance with the recommendations set forth in the soils report and the EnGEN Corporation studies referenced in Initial Studv. 5 Exposure of people or property to seismic Ensure that soil compaction is to City standards. ground shaking, seismic ground failure, landslides or mudflows, expansive soils or earthauake hazards. Utilize construction techniques that are consistent with the Uniform Building Code. . CONCLUSION/RECOMMENDATION Staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable ordinances, standards, guidelines, and policies. Therefore, staff recommends that the Planning Commission approve Development Plan PA04-0136 and Tentative Tract Map No. 32113 PA04-0134, based upon the findings and with the attached conditions of approval. FINDINGS Development Plan (Code Section 17.05.010F) 1. 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 Business Park (BP) development in the City of Temecula General Plan. The General Plan has listed the proposed uses, including the light manufacturing, warehouse, and office, as typical uses in the Business Park designation. The Land Use Element of the . General Plan requires that proposed buildings be compatible with existing buildings. The proposed industrial buildings have been designed to be compatible with the surrounding buildings currently located adjacent to the subject site. In addition, the proposal is consistent with the development regulations of the Light Industrial (L1) zoning district. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The proposed project is consistent with the development standards outlined in the City of Temecula Development Code. The proposed architecture and site layout for the project has been reviewed utilizing the Industrial Development Performance Standards of the Development Code. The proposed project has met the performance standards in regards to circulation, architectural design and site plan design. 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. Tentative Tract Map (Code Section 16.09.1400 1. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, Subdivision Ordinance and the City of Temecula Municipal Code; . R:\D 1'\2004\04.0134 CBe Business Center\STAFF REPORT.doc 6 . The proposed subdivision is a Tentative Tract Map for industrial condominiums and is consistent with the Development Code, General Plan, Subdivision Ordinance, and the City of Temecula Municipal Code because the proposed Tentative Tract Map complies with the development standards and will function as a typical single lot with individual owners of each building suite. 2. The tentative map does not propose to divide land, which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; The project site is not subject to any agreements entered into pursuant to the California Land Conservation Act of 1965, because the project site is not within an area requiring conservation nor is the land or surrounding land used for agricultural purposes. 3. The site is physically suitable for the type and proposed density of development proposed by the tentative map; . The site is physically suitable for the type and proposed density of development proposed by the Tentative Tract Map because the project site will function as a single lot, which allows for, required access, circulation and improvements, however the individual industrial condominium units will be individually owned. The design of the subdivision and the proposed improvements, with conditions of approval, are: 4. . The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the project conforms with the adopted Mitigated Negative Declaration and all required mitigation measures have been incorporated into the conditions of approval. 5. The design of the subdivision and the type of improvements are not likely to cause serious public health problems; 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 to ensure all improvements are constructed in a manner consistent with City of Temecula standards. 6. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; 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 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; 7. R:\D P\2004\04-0134 CBC Business Center\STAFF REPORTdoc 7 The design of the subdivision and the type of improvements will not conflict with . easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided because required off-site dedications and improvements have been provided or will be acquired as conditions of approval. 8. The subdivision is consistent with the City's parkland dedication requirements (Quimby); Industrial subdivisions are not required to dedicate parkland or fees/requirements , (Quimby), therefore the project is consistent with the City's Parkland dedication , requirements. ATTACHMENTS 1. Plan Reductions - Blue Page 9 2. PC Resolution No. 2005-_ Development Plan - Blue Page 10 Exhibit A - Draft Conditions of Approval 3. PC Resolution No. 2005-_ Tentative Tract Map - Blue Page 11 Exhibit A - Draft Conditions of Approval 4. Initial Study and Mitigation Monitoring Program - Blue Page 12 . . R:\D P\2004\04-0134 CBC Business Center\STAFFREPORT.doc 8 . . . ATTACHMENT NO.1 PLAN REDUCTIONS R:\D P\2004\04-0134 eBe Business Center\STAFFREPORT.doc 9 ..,,<i\oi'P - OE.~V ~.~- ~- u_ C'- ZO 0:::J~ 2~~~ It 1Il3- IN<':>:':: o g5 ~~e? ~ 85uo:~ <( "'~ _1~)i5w~ fb ~ tf; ~ ..!:.tj ';' IE ~~5~~~g OJ..., I"-O ,.., "- '-'co - ~ Ql; ~. g. 1"'1' 1'1' ~ ': ~ - -! ~ ~ ~ <l ~ ~ :< ~';;~~!i~ I i '! .. ~ ~ ~ 'i " II! 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PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0134, A DEVELOPMENT PLAN TO CONSTRUCT TWO MULTI-TENANT BUILDINGS TOTALING 128,933 SQUARE FEET ON 8.5 ACRES IN THE LIGHT INDUSTRIAL ZONE, LOCATED ALONG THE NORTH SIDE OF REMINGTON AVENUE AND SOUTH SIDE OF DENDY ROAD, BETWEEN DIAZ ROAD AND WINCHESTER ROAD, KNOWN AS ASSESSOR PARCEL NO. 909-370-037. WHEREAS, Matthew Fagan filed Planning Application No. PA04-0134 (Development Plan Application), in a manner in accordance 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 January 5, 2005, 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 approved 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. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinas. The Planning Commission, in recommending approval of the Application, hereby makes the following findings as required by Section 17.05.010F 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 Business Park (BP) development in the City of Temecula General Plan. The General Plan has listed the proposed uses, including the light manufacturing, warehouse, and office, as typical uses in the Business Park designation. The Land Use Element of the General Plan requires that proposed buildings be compatible with existing buildings. The proposed office building has been designed to be compatible with the surrounding buildings currently located adjacent to the subject site. In addition, the proposal is consistent with the development regulations of the Light Industrial (LI) zoning district. R\D NOO4\04-0134 CBC Business Center\DP Draft PC Conditions.doc 1 B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. . The proposed project is consistent with the development standards outlined in the City of Temecula Development Code. The proposed architecture and site layout for the project has been reviewed utilizing the Industrial Development Performance Standards of the Development Code. The proposed project has met the performance standards in regards to circulation, architectural design and site plan design. 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. Pursuant to California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the proposed Project. Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the project could have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. Section 4. Conditions. The City of Temecula Planning Commission hereby approves Planning Application PA04-0134, a request to construct, operate and establish two multi-tenant industrial building totaling 128,933 square feet on 8.5 acres with conditions of approval as 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 5th day of January 2005. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] . R\D P\2004\04-0134 CBe Business Center\DP Draft PC Conditions.doc 2 . . . 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. 2005-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of January 2005, by the following vote of the Commission: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\D P\2004\04-Q134 CBC Business Center\DP Draft PC ConditionS.doc 3 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL DEVELOPMENT PLAN R:\D 1'\2004\04-0134 CBe Business Center\DP Draft PC Conditions.doc 4 . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA03-0134 Project Description: A Development Plan to design and construct two, single-story multi-tenant industrial buildings totaling approximately 128,933 square feet on 8.5 acres. Building A is 73,148 square feet and Building B is 55,785 square feet. The project site is located on the north side of Remington Avenue and south side of Dendy Road, between Diaz Road and Winchester Road. DIF Category: MSHCP Category: TUMF Category: Business Park/Industrial Business Park/lndustrial Business Park/Industrial Assessor's Parcel No.: 909-370-037 Approval Date: January 5, 2005 January 5, 2007 Expiration Date: 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) 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/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 2. 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 legislative body including actions approved by the voters of the City, R:\D P\2004\04-0134 CBe Business Center\DP Draft PC Conditions.doc 5 concerning the Planning Application. 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 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. 3. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 4. The applicant shall comply with the Mitigation Monitoring Program for Planning Application No. PA04-0134. 5. 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. 6. The Director of Planning may, upon an application being filed within thirty days prior to expiration, and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time. 7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department, with the following revision: a. Site Plan shall be revised to maintain consistency with the Grading Plan - please eliminate duplicative ADA access ramp illustrated within curb line access at Dendy Road. 8. The condition of approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the condition of approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Material Concrete Colors (Base) Color Oyster - Dunn Edwards SP511 Stonish Beige - Dunn Edwards 68 Sunset Cove - Dunn Edwards SP2480 Tamborlane - Dunn Edwards SP161 Village Blue - Dunn Edwards SP39 Reflective Blue Concrete Colors (Accent) Glass 9. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner R:\D P\2004\04-Q134 eBe Business Center\DP Draft PC Conditions.doc 6 . . . . . . 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. 10. All mechanical and roof equipment shall be fully screened from public view by being placed below the surrounding parapet wall. 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 the colored architectural elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 11. 12. 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. Prior to Issuance of Grading Permits 13. Prior to the issuance of a grading permit, the applicant shall verify that all earth moving and large equipment are properly tuned and maintained to reduce emissions. In addition, alternative clean-fueled vehicles shall be used where feasible. Construction equipment should be selected considering emission factors and energy efficiency.(Mitigation Measure) 14. Electrical and/or diesel-powered equipment should be utilized in-lieu of gasoline- powered engines. Documentation confirming the equipment type shall be submitted to the Planning Department.(Mitigation Measure) 15. During construction and grading phases, the project site shall be watered down in the morning before grading and/or construction begins and in the evening once construction and/or grading is complete for the day. The project site shall be watered down no less than 3 times (not including the morning and evening water-down) during construction and/or grading activities to reduce dust.(Mitigation Measure) 16. All fill being transported to and/or from the site shall be covered and the wheels and lower portion of transport trucks shall be sprayed with water to reduce/eliminate soil from the trucks before they leave the construction area.(Mitigation Measure) 17. The Applicant shall enter into a pre-construction agreement/treatment plan with the Pechanga Band of Luiseiio Indians, prior to the issuance of grading permits, that sets forth and contains the terms and conditions for the treatment of discoveries of Native American cultural resources. The agreement /treatment plan shall contain provisions for the treatment of all Native American cultural items, artifacts, and Native American human remains that may be uncovered during the project. The agreement/ treatment plan may allow for the presence of Pechanga tribal monitors during any ground- disturbing activities.(Mitigation Measure) 18. The Applicant and/or landowner agrees to relinquish ownership of all cultural resources, including all archeological artifacts, that are found on the Project area to the Pechanga Band of Luiseiio Indians for proper treatment and disposition.(Mitigation Measure) R:\D N004\04-0134 CBe Business Center\DP Draft PC Conditions.doc 7 19. Prior to any ground disturbance activities a qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Band of Luisefio Indians and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property.(Mitigation Measure) . 20. If any human remains are encountered on the project site, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office and the Pechanga Band of Luisefio Indians and Miranda, Tomaras, Ogas & Wengler, LLP will be contacted to arrange for the treatment of such remains. (Mitigation Measure) 21. A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check and development shall occur in accordance with the recommendations set forth in the soils report and the EnGEN Corporation studies referenced in Initial Study.(Mitigation Measure) 22. A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check. A registered Civil Engineer shall certify building pads.(Mitigation Measure) 23. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. 24. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. . 25. 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. 26. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." . R\D P\2004\Q4-0134 CBC Business Center\DP Draft PC Conditions.doc 8 .. Prior to Issuance of Building Permit 27. Habitable structures shall be constructed outside the 120-foot "restricted use zone" of the main fault trace which lies along the western edge of Parcel 1. and development shall occur in accordance with the recommendations set forth in the EnGEN Corporation studies referenced in Initial Study. In addition, proposed project will be conditioned to utilize construction techniques that are consistent with the California Building Code.(Mitigation Measure) 28. Utilize construction techniques that are consistent with the Uniform Building Code.(Mitigation Measure) 29. A separate building permit shall be required for all signage. 30. '.' Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. Provide a minimum five foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. c. Provide an agronomic soils report with the construction landscape plans. d. Detail of outdoor employee eating area. This area shall include a trellis with appropriate vines to shade the outdoor employee break area, decorative furniture and hardscape to match the style of the building subject to the approval of the Planning Director. e. One (1) copy of the approved grading plan. f. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). g. Total cost estimate of plantings and irrigation (in accordance with approved plan). h. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 31. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a 3' clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. \~' R:\D P\2004\04-Q134 eBe Business Center\DP Draft PC Conditions.doc 9 32. Building plans shall indicate that all roof hatches shall be painted "International Orange". . 33. 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-inches 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. Prior to Building Occupancy 34. 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. 35. 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. 36. 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." 37. 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. 38. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. DEPARTMENT OF PUBLIC WORKS 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:\D P\2004\04.0134 CBC Business Center\DP Draft PC Conditions.doc 10 . . . General Requirements 39. 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. 40. 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. 41. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of a Grading Permit 42. 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. 43. 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. 44. 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. 45. 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 earthquake faults, ground shaking and liquefaction. ., 46. 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. 47. NPDES - The project proponent shall implement construction-phase and post- construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction- phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include R\D P\2004\04-0134 eBe Business Center\DP Draft PC Conditions.doc II a combination of structural and non-structural on site source and treatment control BMPs ., to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. 48. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County flood Control and Water Conservation District c. Planning Department d. Department of Public Works 49. 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. 50. 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. 51. 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 . 52. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400, 401 and 402. d. All street and driveway centerline intersections shall be at 90 degrees. e. 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. 53. 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: - R:\D P\2004\04-0134 CBe Business Center\DP Draft PC Conditions.doc 12 . . . a. Improve Dendy Parkway (Major Highway Standards - 100' Am) to include installation of sidewalk, drainage facilities, and utilities (including but not limited to water and sewer). b. Improve Remington Avenue (Principal Collector Highway Standards - 78' Am) to include installation of sidewalk, drainage facilities, and utilities (including but not limited to water and sewer). 54. 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: sidewalks, drive approaches, storm drain facilities, sewer and domestic water systems 55. 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. 56. All access rights, easements for sidewalks for public uses shall be submitted and reviewed by the Director of the Department of Public Works and City Attorney and approved by City Council for dedication to the City where sidewalks meander through private property. 57. 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. 58. 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. 59. The Developer shall record a written offer to participate in, and waive all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed Western Bypass Corridor in accordance with the General Plan. The form of the offer shall be subject to the approval of the City Engineer and City Attorney. 60. 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 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 R:\D P\2Q04\04-Ol34 CBe Business Cenler\DP Draft PC Conditions.doc 13 . 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. 63. 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. 62. 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. 64. 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. 65. 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 2750 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 1400 GPM for a total fire flow of 4150 GPM 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 III-A) . 66. 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 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 a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B). 67. 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) 68. 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) 69. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) . R:\D NQ04\04-0134 CBe Business Center\DP Draft PC Conditions.doc 14 . 70. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 71. 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) 72. 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) 73. 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) 74. . 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) 75. 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) 76. 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 lor numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 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) tt 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 Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) R:\D N004\04-0134 CBe Business Center\DP Draft PC Conditions.doc 15 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 be located to the right side of the sprinkler riser room door. (CFC 902.4) . 80. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) 81. 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. 82. 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) 83. 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 84. 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. 85. 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. 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) 102. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. i' 103. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 104. A pre-construction meeting is required with the building inspector prior to the start of the buildino construction. . BUILDING AND SAFETY 88. 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. 89. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 90. 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. 91. 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. 92. . Obtain all building plans and permit approvals prior to commencement of any construction work. 93. Obtain street addressing for all proposed buildings prior to submittal for plan review. 94. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 95. 96. 97. 98. 99. 100. 101. . Provide disabled access from the public way to the main entrance of the building. Provide van accessible parking located as close as possible to the main entry. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. Provide an approved automatic fire sprinkler system. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. R:\D P\2004\04-0134 CBe Business Center\DP Draft PC Conditions.doc 17 102. Truss calculations that are stamped by the engineer of record and the truss . manufacturer engineer are required for plan review submittal. 103. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 104. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 105. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 106. Show all building setbacks. 107. 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. 94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays COMMUNITY SERVICES . General Conditions 108. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 109. 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. 110. The applicant shall comply with the Public Art Ordinance. 111. All parkways, landscaping, fencing and on site lighting shall be maintained by the property owner or maintenance association. Prior To Issuance Of Building Permits 112. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. POLICE DEPARTMENT 113. Landscaping: Applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet (3') or below the ground floor windowsills. Plants, hedges and shrubbery should be defensible plants to deter would-be intruders from breaking into the building utilizing lower level windows. . R\D P\2004\04-0134 CBe Business Center\DP Draft PC Conditions.doc 18 . . . a. Applicant should ensure all trees surrounding all building roof tops be kept at a distance so as to deter roof accessibility by ''would-be burglars." Trees also act as a natural ladder. Prune tree branches with at least a 6 feet clearance from the buildings. Any burms should not exceed 3' in height. The placement of all landscaping should comply with guidelines from Crime Prevention Through Environmental Design (CPTED). b. c. 114. Lighting: All parking lot lighting surrounding the complex should be energy-saving and minimized after hours of darkness and in compliance with the State of California Lighting Ordinance. Furthermore, all exterior lighting must comply with Mt. Palomar Lighting Requirements. a. All exterior doors should have their own vandal resistant fixtures installed above. The doors shall be illuminated with a minimum one (1) foot candle of light at ground level, evenly dispersed. 115. Hardware: All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 116. Graffiti: Any graffiti painted or marked upon the buildings shall be removed or painted over within twenty-four (24) hours of being discovered. Notify the Temecula Police Department immediately so a report can be taken. 117. Alarm System: Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24-hours a day by a designated private alarm company, to notify the police department immediately of any intrusion. All multi-tenant office/suites/ businesses located within a specific building should have their own alarm system. 118. Roof Hatches: All roof hatches shall be painted "International Orange." 119. Public Telephones: Any public telephones located on the exterior of the buildings should be placed in a well-lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 120. Marked Parking for Disabled Vehicles: All disabled parking stalls on the premises shall be marked in accordance with section 22511.8 of the California Vehicle Code. 121. Crime Prevention: a. All retailing businesses shall contact the California Retailers Association for their booklet on the California Retail Theft Law at: California Retailers Association 1127-111h Street, Suite 1030, Sacramento, CA 95814 (916) 443-1975. Penal Code 490.5 affords merchants the opportunity to recover their losses through a civil demand program. Business desiring a business security survey of their location can contact the crime prevention unit of the Temecula Police Department. b. K\D P\2004\Q4..0134 CBe Business Center\DP Draft PC Conditions.doc 19 c. Employee training regarding retail theft, credit card prevention, citizen's arrest procedures, personal safety, business security, shoplifting or any other related crime prevention training procedures are also available through the crime prevention unit. Any business that serves or sell any type of alcoholic beverages will comply with all guidelines within the Business and Profession Codes and all other guidelines associated with the State Department of Alcohol Beverage Control. Contact the Temecula Police Department for inspections and training for both employees and owners. This includes special events held at business location where alcohol will be serviced for a fee and the event is open to the general public. The Temecula Police Department affords all retailers the opportunity to participate in the "Inkless Ink Program." At a minimal cost of less than $40.00 for inkless inkpads, retailers can take a thumbprint of every customer using a personal check to pay for services. A decal is also posted on the front entry of the business-advising customers of the "Inkless Ink program in use". If the business becomes a victim of check fraud, the police department will be able to track the suspect with the thumbprint. d. e. OUTSIDE AGENCIES . 122. The applicant shall comply with the attached letter dated March 17, 2004 from the Riverside County Department of Environmental Health. 123. The applicant shall comply with the attached letter dated March 5, 2004 from Rancho . Water. 124. The applicant shall comply with the attached letter dated June 30, 2004 from Riverside County Flood Control and Water Conservation 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 Applicant's Printed Name R:\D P\2004\04-0134 CBC Business Center\DP Draft PC Conditions.doc 20 . COUNTY OF RIVERSIDE · COMMUNITY HEALTH AGENCY DEPARTMENT Of ENVIRONMENTAL HEALTH March 17,2004 City of Temecula Planning Depaltment P.O. Box 9033 Temecula, CA 92589-9033 Attention: Stuart Fisk !(OJ [E @ [E D fY7 [E fn1 VlJ MAR 222004 ih By ::c ~ RE:- Plot Plan No. PA04-0134 Dear Mr. Fisk: 1. Department of Environmental Health has reviewed the Plot Plan No. PA04-0134 to construct a 131,890 sq. ft industrial building and has no objections. Water and sewer services should be available in this area. 2. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD BE REQUIRED: a) "Will-serve" letters from the appropriate water and sewering districts. . b) If there are to be any food establishments, (including vending machines), three complete sets of plans for each food establishment will be submitted including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law 2. For specific reference, contact Food Facility Plan Examiners at (909) 600-6330. c) If there are to be any hazardous materials, a clearance letter from the Department of Environmental Health Hazardous Materials Management Branch (600-6333) will be required indicating that the project has been cleared for: . Underground storage tanks, Ordinance # 617.4. . Hazardous Waste Generator Services, Ordinance # 615.3. . Hazardous Waste Disclosure (in accordance with Ordinance # 651.2). . Waste reduction management. Sincerely, Sam Martinez, Supervising Environmenlal Health Specialisl (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. cc: Doug Thompson, Hazardous Materials oco1 Enlorcement Agency' PO Box 1280, Riverside. CA 92502.1280' 1909) 955.8982 . FAX (909) 781.9653 . 4080 Lemon Street. 9th Floor, Riverside, CA 92501 and Use and WilIItcr Engineering. Po. Box 1206, Riverside, CA 92502-1206 . (909) 955-8980 . F~ (909) 955-8903 . 4080 lemon Street, 2nd Roor, Riverside, CA 92501 @ Rancho Water BoardofDiredors John E. Hoagland President Csaba F. Ko Sr. Vice President Stephen J. Corona Ralph H. Daily Ben R.. Drake Lisa D. Herman Jobn V. Ros8i Officers: Brian J. Brady General Manager Phillip L Forbes Diredor of Finance-Treasurer E.P. "Bobft Lemons Director of Engineering Kenneth C. Dealy Director of Operations & Maintenance Perry R. Louck Controller Linda M. Fregoso District Secretary/Administrative Services Manager C. Michael Cowett Best Best & Krieger LLP General Counsel March 5, 2004 :"-, '~'i r:: (0:: r2 '] nn [-2 roo:" \.1 I~~li, l:JJ L; U liJ [S!i' UU MAR 0 9 2004 W Stuart Fisk, Project Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 By SUBJECT: WATER AND SEWER AVAILABILITY PARCEL NO.2 OF PARCEL MAP NO. 30044 APN 909-370-037 CBC BUSINESS CENTER [PROJECT NO. PA04-0134] Dear Mr. Fisk: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water and sewer service, therefore, would be available upon the completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. This development fronts an existing RCWD recycled water facility. RCWD will require that the proposed project landscaping use recycled water for irrigation. If you should have any questions, please contact an Engineering Services Representative at this office at (909) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT ~<<~ Steve Brannon, PeE. Development Engineering Manager 04\SB:at068\FCF c: CBC Remington LLC Rancho Califol'"J1ia Water District 42135 Winchester Road . Post Office Box 9017 .. Teme<:ula, California 92589-9017 .. (909) 296.6900 .. FAX (909) 296-6860 . 1995 MARKET STREET RIVERSIDE, CA 92501 909.955.1200 909.788.9965 FAX WARREN D. WILLIAMS eneral Manager-Chief Engineer 51180.1 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of Temecula Planning Department Post Office Box 9033 Temecula, californ~a 92589-903~~ Attention: ~\.A.>'O. I f\~ ladies and Gentlemen: Re: P(-\oL\ -013. '; The District does not normally recommend conditions for land divisions 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 are normally limited to items of specific Interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District 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 mterest proposed. This project involves District 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 inspection will be required for District acceptance. Plan check, inspection and administrative fees will be requIred. . _ This Pdrojedct prqposel ;; channels, dS,torm dl ra.insI36xtinci]es orf thlargerdin diadmeter, or other facilities that could be conSI ere reglona m nature an or a oglca e enslon 0 e a opte Master Drainage Plan. The District would consider accepting ownershi{l ot such tacIilbes on wntten request of the City. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. L This project is located within the limits of the District's ,.".....,i...\o.. (~It../T~ult>. Vt>l~ Area Drainage Plan for which drainage fees have been adoplea; appliCable tees should be pald'by cashier's check or money order only to tfie Flood Control District prior to issuance of building or grading permits I whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance of the .actua permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDESl Ilermit from the State Water Resources Control Board. Clearance for grading, recordation, or other final approval 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 Emergen9' Management Agency (FEMAl maplled flood plain, then the City should require tfie applicant to provide all studies calculations, plans and ofher Information reCjuired to meel FEMA requirements, and should further require thai 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 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 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 Qualitv Certification may be required from the local Califomia Regional Water Quality Control Board prior to issuance of tne Corps 404 permit. c: In IS (p) G. ~\'!l ~ \i;\' \UILS 09 cc. I., d ""1\\\ Ii r~ JUL 0 2 Z004 ; \i il ~~ :___---~1 Very truly yours, ~~ ARTURO DIAZ Senior Civil Engineer Date: JL//7~ 3?, ~-/ . P-,M'S . . . ATTACHMENT NO.3 PC RESOLUTION NO. 2005-_ TENTATIVE TRACT MAP R:\D P\2004\04-0134 CBe Business Center\STAFF REPORT.doc II . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0136, TENTATIVE TRACT MAP NO. 32113 TO CREATE 44 INDUSTRIAL CONDOMINIUM UNITS IN TWO BUILDINGS RANGING IN SIZE FROM 2,066 SQUARE FEET TO 4,143 SQUARE FEET ON 8.5 ACRES GENERALLY LOCATED ALONG THE NORTH SIDE OF REMINGTON AVENUE AND SOUTH SIDE OF DENDY ROAD, BETWEEN DIAZ ROAD AND WINCHESTER ROAD, KNOWN AS ASSESSOR PARCEL NO. 909-370-037. WHEREAS, Matthew Fagan, filed Planning Application No. PA04-0136 (Tentative Tract Map No. 32113), 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 January 5, 2005, 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. That the above recitations are true and correct and are hereby incorporated by reference. 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, the Subdivision Ordinance and the City of Temecula Municipal Code. The proposed subdivision is a Tentative Tract Map for industrial condominiums and is consistent with the Development Code, General Plan, Subdivision Ordinance, and the City of Temecula Municipal Code because the proposed Tentative Tract Map complies with the development standards and will function as a typical single lot with individual owners of each building suite. R:\T M\2004\04-0I36 TIM 32113 CBe Business Center\Tract Map dRaft PC Reso & Conditions.doc I 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. The project site is not subject to any agreements entered into pursuant to the California Land Conservation Act of 1965, because the project site is not within an area requiring conseNation nor is the land or sWTOunding land used for agricultural purposes. C. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The site is physically suitable for the type and proposed density of development proposed by the Tentative Tract Map because the project site will function as a single lot, which allows for, required access, circulation and improvements, however the individual industrial condominium units will be individually owned. 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. The design of the subdivision and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat, because the project conforms with the adopted Mitigated Negative Declaration 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. . 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 to ensure all improvements are constructed in a manner consistent with City of Temecula standards. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. 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. 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 properly 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 because required off-site dedications and improvements have been provided or will be acquired as conditions of approval. . R:\T M\2004\04-0136 TIM 32113 cae Business Center\Tract Map dRaft PC Reso & Conditions.doc 2 . . . H. (Quimby). The subdivision is consistent with the City's parkland dedication requirements Industrial subdivisions are not required to dedicate parkland or fees/requirements (Quimby), therefore the project is consistent with the City's Parkland dedication requirements. Section 3. Environmental Compliance. Pursuant to California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the proposed Project. Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the project could have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. Section 4. Conditions. The City of Temecula Planning Commission hereby approves Planning Application PA04-0136, a Tentative Tract Map No. 32113 to create 44 condominium units within two industrial buildings on 8.5 acres with conditions of approval as 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 5th day of January 2005. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] R:\T M\2004\Q4-0136 TIM 32113 CBe Business Center\Tract Map dRaft PC Reso & Conditions.doc 3 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. 2005-_was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of January, 2005, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: NOES: ABSENT: ABSTAIN: Debbie Ubnoske, Secretary R:\T M\2004\04-0136 TrM 32113 eBe Business Center\Tract Map dRaft PC Reso & Conditions.doc 4 . . . . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL TENTATIVE TRACT MAP R:\T M\2Q04\04:0136 TIM 32113 CBe Business Center\Tract Map dRaft PC Reso & Conditions.doc 5 . . . EXHIBIT A CITY OF TEMECULA DRAF'T CONDITIONS OF APPROVAL Planning Application No.: PA03-0136 Project Description: A Tentative Tract Map for 44 Industrial Condominiums within two industrial buildings on 8.5 acres located on the north side of Remington Avenue and south side of Dendy Road, between Diaz Road and Winchester Road. MSHCP Category: Business Park/Industrial Assessor's Parcel No.: 909-370-037 Approval Date: January 5, 2005 Expiration Date: January 5, 2008 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) 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/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 2. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, R:\T M\2004\04-0136 TIM 321 13 CBe Business Center\Tract Map dRaft PC Reso & Conditions.doc 6 employees, consultants, contractors, legal counsel, and agents. City shall promptly notify . both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. If Subdivision phasing is proposed, a phasinq plan shall be submitted to and approved by the Planning Director. 5. The applicant shall comply with the conditions of approval for Planning Application PA04-0134 and Parcel Map No. 30044, including the mitigation measures included therein, unless superseded by these conditions of approval. Prior to Issuance of Grading Permits 6. A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. 7. 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. Prior to Recordation of the Final Map The following shall be submitted to and approved by the Planning Division: . 8. A copy of the Final Map. 9. A copy of the Environmental Constraint Sheet (ECS) with the following notes: a. 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. b. A Mitigated Negative Declaration was prepared for this project and is on file at the City of Temecula Planning Department. c. This project is within the Alquist-Priolo Special Studies Zone. d. The property is affected by earthquake faulting and ground fissures. Structures for human occupancy shall not be allowed in the fault and ground fissure hazard area. e. County Geologic Report No. 1314 was prepared for this property on February 24, 2004 (updated July 8, 2004 and October 18, 2004 by Twinig-Goval-Ryan Geotechnical Services. 10. A copy of the Covenants, Conditions, and Restrictions (CC&R's) a. 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. b. The CC&R's shall be prepared at the developer's sole cost and expense. . R:\TM\2004\04-0l36 TfM 32113 CBe Business Center\Tract Map dRaft PC Reso & Conditions.doc 7 . . c. The CC&R's shall be in the form and content approved by the Planning Director, City Engineer and the City Attorney and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and it's residents. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Public Works Departments and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and 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 the association may not be terminated without prior City approval. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. Every owner of a suite or lot shall own as an appurtenance to such suite or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. d. e. f. g. h. i. j. All open areas and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Public Works Department prior to the issuance of building permits. k. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by the CC&R's or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. 11. The applicant shall submit to the Planning Department a copy of a recorded Reciprocal Use Agreement, which provides for cross-lot access and parking across all lots and establishes mutual responsibility for all commonly accessed areas and street front landscaping. 12. . No lot or suite in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's, which shall include compulsory R:\T M\2004\Q4-01361TM 32113 eBe Business Center\Tract Map dRaft PC Reso & Conditions.doc 8 membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the city prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. . PUBLIC WORKS DEPARTMENT General Requirements 13. 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. 14. 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. 15. 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. 16. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. . 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: 17. 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. Riverside County Flood Control and Water Conservation District d. City of Temecula Fire Prevention Bureau e. Planning Department f. Department of Public Works g. Riverside County Health Department h. Cable TV Franchise i. Community Services District General Telephone Southern California Edison Company Southern California Gas Company . j. k. I. R:\T M\2004\04-0136 TIM 32113 CBC Business Center\Tract Map dRaft PC Reso & Conditions.doc 9 . 18. The Developer shall design and guarantee construction of the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: a. Improve Dendy Parkway (Major Highway Standards - 100' Am) to include installation of sidewalk, drainage facilities and utilities (including but not limited to water and sewer) b. Improve Remington Avenue (Principal Collector Highway Standards - 78' Am) to include installation of sidewalk, drainage facilities and utilities (including but not limited to water and sewer). 19. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. Street centerline grades shall be 0.5% minimum over P .C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City Standard No. 207A. c. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. . d. 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. e. f. 20. 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. 21. Relinquish and waive right of access to and from Dendy Parkway on the Final Map with the exception of one opening as delineated on the approved Tentative Tract Map. 22. Relinquish and waive right of access to and from Remington Avenue on the Final Map with the exception of one opening as delineated on the approved Tentative Tract Map 23. 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. 24. . 25. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Final Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. Any delinquent property taxes shall be paid. R:\T M\2004\04-0136 TfM 32113 eBe Business Center\Tract Map dRaft PC Reso & Conditions.doc 10 26. 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. . 27. 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. 28. The Developer shall record a written offer to participate in, and waive all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed Western Bypass Corridor in accordance with the General Plan. The form of the offer shall be subject to the approval of the City Engineer and City Attorney. 29. 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. 30. A 26-foot easement shall be dedicated for public utilities and emergency vehicle access for all private drives. 31. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 32. 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 a Building Permit . 33. The Development Plan shall be approved. Other Agencies 64. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated May 11, 2004, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date . Applicant's Printed Name R:\T M\2004\04-0136 TIM 32113 eBe Business Center\Tract Map dRaft PC Reso & Conditions.doc 11 COUNTY OF RIVERSIDE · COMMU1~fTY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH May 11, 2004 City of Temecula Planning Department P.o. Box 9033 Temecula, CA 92589-9033 m~M:!:; ~o~~ By ATIN: Cheryl Kitzerow RE: TENTATIVE TRACT MAP NO. 32113 (1 LOT) Industrial Condominium Development Dear Ms. Kitzerow: 1. The Department of Environmental Health has reviewed Tentative Tract Map 32113 and recommends: . a A water system shall be installed in accordance with plans and specifications as approved by the water company and the Environmental Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate; with a minimum scale not less than one inch equals 200 feet, along with the original drawing to the County Surveyor's Office. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certifY that the design of the water system in Tentative Tract Map 32113 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such "Tentative Tract Map". This certification does not constitute a guarantee that it will supply water to such Tentative Tract Map at any specific quantities, flows or pressures for fire protection or any other purpose. A responsible official of the water company shall sign this certification. The plans must be submitted to the County Surveyor's Office to review at least two weeks PRIOR to the request for the recordation of the final map. 2. This Department has a written statement from Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the sub divider. It will be necessary for financial arrangements to be made PRIOR to the recordation of the fmal map. . ~oc.1 Enforcement AgencV . Po. Box 1280, Riverside, CA 92502-1280 . (909) 955-8982 . FAX {9091 781-9653 . 4080 Lemon Street. 9th Floor. Riverside. CA 92501 Page Two Attn: Cheryl Kitzerow 3. This subdivision is within the Rancho California Water District and shall be connected to the sewers of the District. The sewer system shall be installed in accordance with plans and specifications as approved by the District, the County Surveyor's Office and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor's Office. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and waterlines shall be a portion of the sewage plans and profiles. The plans shall be singed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tentative Tract Map 32113 is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tentative Tract Map". The plans must be submitted to the County Surveyor's Office to review at least two weeks PRIOR to the request for the recordation of the final map. 2. This Department has a written statement from Rancho California Water District agreeing to serve sewer service to each and every lot in the subdivision. It will be necessary for financial arrangements to be made PRIOR to the recordation of the fmal map. Sincerely, . onmental Health Specialist \ . . .'~~~l:-;' " --"'~ . . . . ATTACHMENT NO.4 INITIAL STUDY AND MITIGATION MONITORING PROGRAM R:\D P\2004\04-0134 eBe Business eenlerlST AFF REPORT-doc 12 City of Temecula . Planning Department Agency Distribution List PROJECT: PA04-0134 is a request for a Development Plan to construct two, multi-tenant industrial buildings on 8.5 acres. Building A is 73,148 square feet. Building B is 55,785 square feet. PA04-0136 is a request for a Tentative Tract Map No. 32113 to create 27 condominium units in Building A and 17 condominium units in Building B, ranging in size from 2,066 square feet to 4,143 square feet. DISTRIBUTION DATE: December 14, 2004 CASE PLANNER: Cheryl Kitzerow CITY OF TEMECULA: Building & Safety..................................... (X) Fire Department ...................................... (X) Police Department .................................. (X) Parks & Recreation (TCSD) .................... (X) Planning, Advance .................................. ( ) Public Works ........................................... (X) ........( ) . STATE: Caltrans................................................... ( ) Fish & Game........................................... ( ) Mines & Geology..................................... ( ) Regional Water Quality Control Bd ......... ( ) State Clearinghouse ............................... ( ) State Clearinghouse (15 Copies)............ ( ) Water Resources .................................... ( ) ...... ( ) FEDERAL: Army Corps of Engineers ........................ ( ) Fish and Wildlife Service......................... ( ) ........( ) REGIONAL: Air Quality Management District.............. (X) Western Riverside COG ......................... ( ) ......( ) . CITY OF MURRIETA: Planning .................................................. ( ) ......( ) R :\0 P\2004\Q4-O 134 CBe Business Center\Notice of Intent.doc RIVERSIDE COUNTY: Clerk and Recorder's Office.................... (X) Airport Land Use Commission .................( ) Engineer ................................................. (X) Flood Control.......................................... (X) Health Department ................................. (X) Parks and Recreation ..............................( ) Planning DepartmenL............................( ) Habitat Conservation Agency (RCHCA)..( ) Riverside Transit Agency........................ (X) .......( ) UTILITY: Eastern Municipal Water District............. (X) Inland Valley Cablevision........................ (X) Rancho CA Water District, Will Serve .... (X) Southern California Gas ......................... (X) Southern California Edison ..................... (X) Metropolitan Water District ......................( ) .........( ) OTHER: Temecula Valley School District ............. (X) Pechanga Indian Reservation................. (X) Eastern Information Center .................... (X) Local Agency Formation Comm ..............( ) RCTC ......................................................( ) Homeowners' Association .......................... ( ) 3 Vicinity Map . . R:\D P\2004\04-0134 CBC Business Center\Notice of Intent.doc 2 . City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Pro'ect Title Lead Agency Name and Address Contact Person and Phone Number Project Location Pro'ect S onsor's Name and Address General Plan Desi nation Zonin Description of Project Surrounding Land Uses and Setting Other public agencies whose approval uired Environmental Checklist CBC Remin ton Business Center, PA04-0134 and PA04-0136 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Che I Kitzerow, Associate Planner 951 694-6400 North of Remington Avenue, south of Dendy Parkway in the City of Temecula. Assessor's Parcel Number 909-370-032 Matthew Fa an, 42011 Avenida Vista Ladera. Temecula, CA 92591 Business Park BP Li ht Industrial LI PA04-0134 is a request for a Development Plan to construct two. multi-tenant industrial buildings on 8.5 acres. Building A is 73,148 square feet. Building B is 55,785 square feet. PA04-0136 is a request for a Tentative Tract Map No. 32113 to create 27 condominium units in Building A and 17 condominium units in Building B, ranging in size from 2,066 square feet to 4,143 square feet. North: East: South: West: None Light Industrial (vacant) Light Industrial (vacant and existing industrial buildings) Light Industrial (industrial buildings) Li ht Industrial industrial buildin s ~ ,~ . R:\D P\2004\Q4-Q134 CBC Business Center\lnitial Study Correct FOlTTlat.doc1 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. x Aesthetics A riculture Resources Air Qualit Biolo ical Resources Cultural Resources Geolo and Soils Hazards and Hazardous Materials H drolo and Water Qualit Land Use and Plannin ; Mineral Resources Noise Po ulation and Housin Public Services Recreation Trans ortationrrraffic Utilities and Service S stems Mandato Findin s of Si nificance None x X Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be re ared. I find that although the proposed project could have a significant effect on the environment, there will not X be a significant effect in this case because revisions in the project have been made by or agreed to by the roject ro onent. A MITIGATED NEGATIVE DECLARATION will be re ared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is re uired. 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 re uired, but it must anal ze ani 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 im osed u on the ro osed ro'ect, nothin further is re uired. e~, M--~~ Signatur I;)-! q I b 'f Date Chervl Kitzerow. Associate Planner Printed name Citv of T emecula For . R:\D P\2004104-0134 CBC Business Centerllnitial Study Correct Format.doc2 a. b. c. d. Comments: AESTHETICS. Would the project: Issues and Su rtin Information Sources Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic hi hwa ? Substantially degrade the existing visual character or ualit of the site and its surroundin s? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Potentially Significant 1m act Potentiatly Significant Unless Mitigation Inco ted No 1m act X X less Than Significant 1m act X X 1. a.-c: No Impact The proposed project is not located on or near a scenic vista; therefore, there will not be an adverse impact on a scenic vista. The project site is not located on a scenic highway. The project site is an 8.5 acre site, that has been previously graded and is currently vacant with no structures or rock outcroppings on the site. Therefore, the proposed project would not substantially damage scenic resources, including rock outcroppings or historic buildings. Due to the fact that the project site is vacant with no scenic vistas or resources, the project would not substantially degrade the existing visual character or quality of the site and its surroundings. No impact is anticipated as a result of the proposed project. AJ.: Less Than Significant Impact: The proposed project is currently vacant with no sources of light or "III!!Ire. The proposed project will introduce new generators of light and glare typically associated with industrial development. The City of Temecula requires all new development to comply with the Riverside County Mount Palomar Ordinance 655. Ordinance 655 requires lighting to be shielded, directed down to avoid glare onto adjacent properties and emit low levels of glare into the sky. 2. 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 Conser\lation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a. b. c. Issues and Su rtin Information Sources Convert Prime Farmland, Unique Farmland, or Farmland 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-a ricultural use? Conflict with existing zoning for agricultural use, or a Williamson Act contract? Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-a ricultural use? R\D. P\2004\04-0134 cae Business Center\lnitial Study Correct Format.doc3 Potentially Significant 1m act Potentially . Significant Unless Mitigation Inco orated No 1m act X Less Than Significant 1m act X X Comments: 2. a.-c.: No Impact: The project site is not currently in agricultural production and in the recent and historiC. past the site has not been used for agricultural purposes. The site is not under a Williamson Act contract nor is it zoned for agricultural uses. This property is not considered prime or unique farmland of statewide or local importance as identified by the State Department of Conservation and the City of Temecula General Plan. In addition, the project will not involve changes in the existing environment, which would result in the conversion of farmland to non-agricultural uses. No impact is anticipated as a result of the proposed project. 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: Potentially Potentially Significant Unless less Than Significant Mitigation Significant No Issues and Suooortina Infonnation Sources Imoad Inco";""'rated Imoact Imoad a. Conflict with or obstruct implementation of the applicable X air aualitv plan? b. Violate any air quality standard or contribute substantially X to an existino or proiected air oualitv violation? c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- X 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? . Comments: 3. a.: No Impact: The proposed project will not conflict with the applicable air quality plan. The project site is comprised of 8.5 acres and the proposed development includes two industrial buildings consistent with the zoning and general plan designations for the site. The City of Temecula Final EIR for the General Plan takes into consideration the entire project site as an industrial use. No impact is anticipated as a result of the proposed project. 3. b.: No Impact: The proposed project will not violate an air quality standard or contribute substantially to an existing or projected air quality violation. The proposed project will emit typical emissions and dust associated with industrial construction; however, this is not considered a significant impact. No impact is anticipated as a result of the proposed project. 3. c.: Less Than Significant Impact: The proposed project will not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard. The proposed project will emit typical emissions and dust associated with industrial construction which were anticipated in the General Plan EIR; therefore, this is not considered a significant impact. No impact is anticipated as a result of the proposed project. . 3. d-e.: Less Than Significant Impact with Mitigation Measures:: There are no known sensitive receptors to pollutant concentrations in the immediate vicinity. The development of the project for industrial buildings will create minor pollutants during the grading and construction phase of the project emanating from fugitive dust R:\D P\2004\04-0134 CBe Business Center\lnitial Study Correct Format.doc4 and small quantities of construction equipment pollutants. impacts to less than significance: . The following Mitigation Measures will reduce any a. Prior to the issuance of a qradinq permit. the applicant shall verify that all earth movinq and larqe equipment are properly tuned and maintained to reduce emissions. In addition. alternative clean-fueled vehicles shall be used where feasible. Construction equipment should be selected considerinq emission factors and enerqy efficiency. b. Electrical and/or diesel-powered equipment should be utilized in-lieu of qasoline-powered enqines. c. Durinq construction and qradinq phases. the proiect site shall be watered down in the morninq before qradinq and/or construction beqins and in the eveninq once construction and/or qradinq is complete for the day. The proiect site shall be watered down no less than 3 times (not includinq the morninq and eveninq water-downl durinq construction and/or qradinq activities to reduce dust. d. All fill beinq transported to and/or from the site shall be covered and the wheels and lower portion of transport trucks shall be sprayed with water to reduce/eliminate soil from the trucks before they leave the construction area. 4. BIOLOGICAL RESOURCES. Would the project? b. c. d. e. Issues and Su Potentially Significant 1m act Potentially Significant Unless Mitigation Inca rated Less Than Significant 1m act "0 Information Sources Have a substantial adverse effect, either directly or 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 California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any riparian habitat 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? Have a substantial adverse effect of federally protected 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 interru tion, or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or im ede the use of native wildlife nurse sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation Ian? RID P\2004104-0134 CBC Business Cenlerllnitial Study Correct Formal.doc5 No 1m ct X X X X X X Comments: 4. a.-f.: No Impact: The project site is void of any natural biological resources, including wetlands, riParian. forests, vernal pools, and nursery sites. The site is located within the Stephen's Kangaroo Rat Habitat Fee Area. Habitat Conservation fees will be required as a standard condition of approval to offset the effect of cumulative impacts to the species from urbanization occurring throughout western Riverside County. The project site is a part of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), which was adopted by City Council on January 13, 2004, and became effective March 12,2004. The subject application was received prior to the effective date of the MSHCP and therefore the Plan does not apply and no impacts are anticipated. The project site has previously been graded, and has also been grubbed and disturbed for many years in order to comply with the City's weed abatement ordinance (Ord 8.16). There are some grasses on the project site, however they are not considered sensitive habitat, nor is the site a part of a wildlife corridor. No impact is anticipated as a result of the proposed project. 5. CULTURAL RESOURCES. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Signiftcant No . Issues and Sunnnrtina Information Sources lmoad Inco..oorated Imnact Imr=ct 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 archaeoloqical resource pursuant to Section 15064.5? c. Directly or indirectly destroy a unique paleontological X resource or site or unique qeoloqic feature? d. Disturb any human remains, including those interred X outside of formal cemeteries? . Comments: 5. a-d.: Less Than Significant Impact with Mitigation Measures: The City of Temecula General Plan identifies the project site as a sensitive archaeological resource area and area of high paleontological sensitivity (Figure 5-6 and 5-7, respectively). The applicant submitted a "Historical/Archaeological Resources Review" prepared by CRM Tech (dated September 22, 2004) which reviewed and summarized previous cultural resources investigations for the project area completed between 1998 and 2000 (TPM 28657). Among these previous studies included a Phase I survey, a Phase II testing program, and a subsequent archaeological monitoring program which occurred when the site was graded as part of the original Parcel Map approval. The Phase 1 survey identified prehistoric archaeological site, CA-RIV-237 as partially occurring on the project site, and therefore a Phase II testing program was completed. The testing program recovered more than 1,000 artifacts which were analyzed by appropriate experts. After the completion of the field testing program, on-site monitoring of earth-moving activities on TPM 28657 was conducted by CRM Tech and Native American monitors from the Pechanga Indian Reservation. Based on the above information, identification and evaluation of potential 'historical resources' within the project area have been completed through the 1998- 2000 studies, and no further impacts are anticipated. In order to ensure no significant impacts will result with the development of the project site, the following mitigation measures will be implemented: a. Prior to the issuance of a qradinq permit. the applicant must enter into an aqreement with the Pechanqa Band of Luiseno Indians that addresses the treatment and disposition of all cultural resources. human resources and human remains discovered on-site. . R:\D P\20Q4\04-0134 CBe Business Center\lnitial Study Correct Format.d0c6 b. The landowner aQrees to relinquish ownership of all cultural resources, includinQ archaeoloQical artifacts found on the proiect site, to the PechanQa Band of Luiseno Indians for proper treatment and disposition. . c. The applicant shall provide an on-site archaeoloQical and paleontoloQical monitorinQ durinq all phases of earthmovinQ activities. d. If sacred sites are discovered durinQ Qround disturbinQ activities, they shall be avoided and preserved. 6. GEOLOGY AND SOILS. Would the project: Potentially Potentially Significant Unless less Than Significant Mitigation Significant No Issues and Sunnnrtinn Information Sources Imnact r ncomorated Imoact Imood a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involvinQ: 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 GeoloQY Special Publication 42. ii. StronQ seismic oround shakino? X iii. Seismic-related Qround failure, includinQ 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 spreadinQ, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 1.8-1-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 where sewers are not available for the disposal of wastewater? Comments: 6. a. i-iv: Less Than Significant with Mitigation Measures: Several Geotechnical Investigations have been prepared for the subject site when the site and surrounding areas were subdivided and rough graded (see references). These studies were recently reviewed by TGR Geotechnical, Inc. who determined the information, findings and recommendations of the previous studies are still accurate and applicable ("Updated Geotechnical Letter, prepared by Twinig-Goval-Ryan Geotechnical Services, February 24, 2004"). The most .cent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area shows that the e is located within a State Designated Alquist-Priolo E"-Irthquake Fault Zone. There may be a potentially significant impact from seismic ground shaking, ground failure, or expansive soils. There are known fault hazard zones on the property and the project is located in Southern California, an area that is seismically active. Any potential significant impacts will be mitigated through building construction, which will be R:\D P\20Q4\04-Q134 CBC Business Center\lnitial Study Correct Fonnat.doc7 consistent with the Uniform Building Code standards. Furthermore, the project will be conditioned to provide a soil report concurrent with the submittal of precise grading plans and recommendations contained in this report will be used to determine appropriate conditions of approval prior to the issuance of grading and bUilding. permits. The soil report will contain recommendations for compaction of the soil, which will serve to mitigate any potentially significant impacts from seismic ground shaking, seismic ground failure, liquefaction, subsidence and expansive soils. The following mitigation measures shall be implemented: a. The applicant shall comply with all the recommendations of the followinQ Qeotechnical reports prepared for the subiect site: EnGEN Corporation. 1997. Fault InvestiQation. ExistinQ Restricted Use Zone, Parcel Maps 24085 and 24086, City ofTemecula. Proiect No. T1179.FS. dated AUQust 29,1997. EnGEN Corporation. 1998. Updated Geotechnical/GeoloQical EnQineerinQ Study. Proposed Expansion of Business Center. Parcels 1 throuQh 9 of Tract 28657, Diaz Road. City of Temecula. Proiect No. T1381.GS. dated May 4. 1998. EnGEN Corporation, 1999. Geotechnical Report and Compaction Test Results, ROUQh GradinQ Operations, Proposed Expansion of ExistinQ Business Center. Tract 28657. City of Temecula, Proiect No. T1381-C, dated June 9.1999. 6. b.: Less than Significant Impact: The project will not result in substantial soil erosion or the loss of topsoil. The project site is relatively flat will be developed in accordance with City standards, including National Pollution Discharge Elimination System (NPDES) standards, which require the implementation of erosion control and best management practices (BMP's). The Final Environmental Impact Report for the City of Temecula General Plan has not identified any known landslides or mudslides located on the site or proximate to the site. No significant impacts are anticipated as a result of this project. . 6. c.: Less Than Significant Impact: The project 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. The above referenced geotechnical reports adequately addressed these concems. 6. d.: No Impact: The project is not located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property. The geotechnical investigation prepared by Twinig-Goval-Ryan Geotechnical Services, February 24, 2004 identifies the soils on the project site as "very low to low expansion potential as defined in the Uniform Building Code (UBC) Table No. 18-1-B. 6. e.: No Impact: The project site will not utilize septic tanks. A public sewer system is available and approvals from the Department of Environmental Health for solid wastes and waste water will be required. The project will connect to the public sewer system. No impacts are anticipated as a result of this project. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Sunnortinn Information Sources Imnact Inco-~;rated Impact lmoact a. Create a significant hazard to the public or the X environment through the routine transportation, 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? . R:\D P\2004\04-0134 CBC Business Cenler\lnilial Sludy Correcl Format.doc8 c. Emit hazardous emissions or handle hazardous or X acutely hazardous materials, substances, or acutely . hazardous materials, substances, or waste within one- quarter mile of an existinQ 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 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 result in a safety hazard for people residing or workinq in the project area? f. For a project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or workinq in the proiect area? g. Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk or loss, X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: ea.: Less Than Significant Impact: The streets leading to the project are not transportation routes designated for commercial haulers who may be transporting hazardous materials. However, because the property and the surrounding area are and will be used for industrial buildings; future tenants may include businesses that require the delivery of hazardous materials. When an application is made for future tenant improvements, a Statement of Operations and a Business Plan will be required for review by the City's Fire Department to identify the likelihood of hazardous impacts and to assess the appropriate mitigation measures. Therefore, less than significant impacts are anticipated as a result of this project. 7. b.: Less Than Significant Impact: The project proposes to create a 2 building, 44 unit industrial complex. Since the activities of future tenants will be addressed during tenant improvements as noted in 9.a. above, it is not anticipated that the project would create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Therefore, less than significant impacts are anticipated as a result of this project. 7. c.: Less Than Significant Impact: This site is within one-quarter mile of a proposed college campus site at the northwest intersection of Dendy Parkway and Diaz Road. The operation of construction equipment and machinery during the development of this site may emit some hazardous emissions and or handle some hazardous material. However, these emissions and material should be of limited quantities over a short duration of time. No impacts are anticipated. 7. d.: No Impact: The project site is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, would not result in a significant hazard to the public or the environment. No impact is anticipated as a result of the proposed project .-f.: No Impact: 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. R:\D P\2004\04-0134 CBe Business Center\lnitial Study Correct Fonnat.doc9 7. g.: No Impact: The proposed project is not located in an area and is not a portion of an emergency response or evacuation plan. Therefore the project would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated as . a result of the proposed project. 7. h.: No Impact: The proposed project is not located in or near a wildland area that would be subject to fire hazards. The location of the proposed project would not expose people or structures to a significant risk or loss, injury or death involving wildland fires. No impact is anticipated as a result of this project. 8. HYDROLOGY AND WATER QUALITY. Would the project: Potentially Potentially . Significant Unless . less Than Signi.ficant Mitigation Significant No Issues and Suooortinn Information Sources ImMCt Incomorated Imoad bnoad: a. Violate any water quality standards or waste discharge X requirements? b. Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which oermits have been arantedl? c. Substantially alter the existing drainage pattern of the site X 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 on- or off-site? d. Substantially alter the existing drainage pattern 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 surface runoff in a manner which would result in f1oodino on- or off-site? e. Create or contribute runoff water which would exceed the X capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially deQrade water aualitv? X g. Place housing within a 1 OO-year flood hazard area as X mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a 1 OO-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? i. Inundation bv seiche, tsunami, or mudflow? X . Comments: . 8. a.: No Impact: The project will not violate any water Quality standards or waste discharge requirements. Development will be required to 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 R:\D P\2004\04-0134 CBC Business Cenlerllnitial Study Carrecl Farmal.doc10 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 _cipated as a result of this project. 8. b,f.: No Impact: 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. 8. c-d.: Less Than Significant Impact: 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 that 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 surface runoff is expected whenever development occurs on previously permeable ground. Previously permeable ground will be rendered impervious by construction of buildings, accompanying hardscape 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 adequ~tely handle runoff that is created. No significant impacts are anticipated as a result of this project. 8. e.: No Impact: The project will not create or contribute runoff water that 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 and designed to accommodate the drainage created as a result of the subject site. In addition, the project will be conditioned and designed so that the drainage will not impact surrounding .perties. No impacts are anticipated as a result of this project. 8. g.: No Impact: The proposed project is not a residential project and therefore will not place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. No impact is anticipated as a result of the proposed project 8. h.: Less Than Significant Impact: A portion of the project containing parking areas is located within the 1 OO-year flood limits of Murrieta Creek, thereby placing within a 1 OO-year flood hazard area improvements that could impede or redirect flood flows. Conditions of approval will require the submittal of a drainage plan to address flow and drainage facilities, and payment of flood mitigation fees to the Riverside County Flood Control and Water Conservation District. A less than significant impact is anticipated as a result of the proposed project. 8. i.: No Impact: The proposed project would not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. No impact is anticipated as a result of the proposed project. 8. j.: No Impact: The proposed project is not located near a coast line which would be subject to inundation by seiche, tsunami, or mudflow. No impact is anticipated as a result of the proposed project. 9. LAND USE AND PLANNING. Would the project: Potentially SignifICant 1m act Potentially Significant Unless Mitigation loco rated Less Than Significant 1m act No 1m act X X RIO P\2004104-0134 CBC Business Cenlerllnitial Sludy Correct Format.docll 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: 9. a.-c: No Impact The project will not disrupt or divide the physical arrangement of an established community. The project site is vacant and surrounded by industrial lots or buildings. The development of this site will be consistent with the surrounding properties. The project will not conflict with the applicable General Plan designation, 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 Business Park (BP) as well as the zoning of Light Industrial (L1). 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 have been applied to this project where necessary. Furthermore, all agencies with jurisdiction over the project are being given the opportunity to comment on the project, and it is anticipated that they will make the appropriate comments as to how the project relates to their specific environmental plans or policies. The project site has been previously graded and services are available in the area. The project site is a part of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), which was adopted by City Council on January 13, 2004, and became effective March 12, 2004. The subject application was received prior to the effective date of the MSHCP and therefore the Plan does not apply and no impacts are anticipated. No impacts are anticipated as a result of this project. . 10. MINERAL RESOURCES. Would the project: Potentially Potentially Significant Unless Less Tnan SignifICant Mitigation Significant No Issues and Sunl'VlrUno Information Sources Imoact Incoroorated Imnact Im~ct a. Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally-important X mineral resource recovery site delineated on a local qeneral plan, specific plan or other land use plan? " Comments: 10. a.-b.: No Impact: The proposed project is not located in an area that is known to include minerals that are considered of value to the region and/or the state. The proposed project will not result in the loss of a locally- important mineral resource because the project site is not identified as an important site known to maintain such resources as shown in the Final EIR for the City of Temecula General Plan. No impact is anticipated as a result of the proposed project. . RID P\2004104-0134 CBC Business Centerllnilial Study Correct Format.doc12 11. NOISE. Would the project result in: Potentially Potentially Significant Unless Less Than SignifICant Mitigation Significant No Issues and SUDoortina Information Sources Imoad lncoroorated Imoact Imoact a. 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 aoencies? b. Exposure of persons to or generation of excessive X qroundborne vibration or around borne 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 proiect? 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 proiect area to excessive noise levels? .mments: 11. a.-d..: Less Than Significant Impact: The site is currently vacant and development of the land will result in increases to noise levels during construction phases as well as increases to noise in the area over the long- term. However, noise levels will be required to be within established noise level standards. No activities are anticipated within the proposed project that would expose persons to or generation of excessive groundborne vibration or ground borne noise levels. The project will create some noise levels over that currently emanating from the vacant land. However, those noises are not anticipated to create a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. The project 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 annoying. However, noise from construction of the project will comply with City ordinances regulating the hours of activity to Monday through Friday from 6:30 a.m. to 6:30 p.m. and Saturday from 7:00 a.m. to 6:30 p.m. in industrial areas. No significant impacts are anticipated. 11.e-f: No Impact: 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 and no impacts will result from this project. . R\D P\2004\04-0134 cae Business Center\lnitial Study Correct Format.doc13 12. POPULATION AND HOUSING. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and $uooortina InfonnaUon Sources Imoad Incomorated Imoact Imoad a. Induce substantial population growth in an area, either X directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastnucture \? b. Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the X construction of replacement housinq elsewhere? . Comments: 12. a.: Less than Significant Impact: The project will not induce substantial growth in the area either directly or indirectly. The project is consistent with the General Plan Land Use and zoning designations of Business Park (BP) and Ught Industrial (L1). The proposed project may cause some people to relocate to (or near) Temecula to be closer to their place of employment, which is considered a moderate indirect affect. However, the project will not induce substantial growth beyond what is projected in the City's General Plan. Less than significant impacts are anticipated as a result of this project. 12. b-c.: No Impact: The project will not displace substantial numbers of people or existing housing, as the site is vacant property zoned for industrial development. Therefore, the project will not necessitate the. construction of replacement housing due to displacement of housing or people. No impacts are anticipated as a result of this project. 13. PUBLIC SERVICES. Potentially Potentially Significant Unless Less Than Significant Mitigation Signiftcant No Issues and Suorx>rtinn Information Sources Imnact Inco~rated Imoact Imoael 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: Fire Drotection? X Police orotection? X Schools? X Parks? X Other Dublic facilities? X . R:\D P\2004\Q4.0134 CBC Business Center\lnitial Study Correct Format.doc14 Comments: A a, b, d, e.: Less Than Significant Impact: The project will have a less than significant impact upon, or ~It in a need for new or altered fire, police, recreation or other public facilities. The development of the site will incrementally increase the need for these services. However, the project will contribute its fair share through the City's Development Impact Fees to the maintenance or provision of services from these entities. No significant impacts are anticipated. 13. c.: No Impact: The project itself is not creating residential use and therefore will have no impact upon, or result in a need for new or altered school facilities. Development of the parcels within the project will not cause significant numbers of people to relocate within or to the City. The cumulative effect from the project will be mitigated through the payment of applicable School Fees at the time the parcels are developed. No impacts are anticipated as a result of this project. 14. RECREATION. a. b. Comments: Issues and Su rtin Information Sources Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilit would occur or be accelerated? Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Potentially Significant 1m ct Potentially Significant Unless Mitigation Inco rated No 1m act X less -Than Significant 1m act: X 14. a-b.: No Impact: The project will have no impact on the demand for neighborhood or regional parks or other recreational facilities, or affect existing recreational opportunities. No impacts are anticipated as a result of this project. 15. TRANSPORTATIONITRAFFIC. Would the project: a. b. d. Issues and Su rtin Information Sources Cause an increase in traffic which is substantial in 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 con estion at intersections ? Exceed, either individually or cumulatively, a level of service standard established by the county congestion mana ement a enc for desi nated roads or hi hwa s? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safet risks? Substantiall increase hazards due to a desi n feature R:\D P\2Q04\04-0134 CBe Business Center\lnitial Study Correct Fonnaldoc15 Potentially Significant 1m act Potentially Significant Unless Mitigation loco orated No 1m act Less Th<ln Significant 1m act . X X X X e. f. g. x x x . Comments: 15. a.-b: Less Than Significant: There will be an increase in vehicle trips on adjacent streets once the proposed project is developed. However, the City's Traffic Engineer has indicated that the project would have a less than significant impact to the existing road system because the existing roadways have been developed consistent with the City's General Plan in anticipation of the area's proposed industrial development. Due to the project's consistency with the General Plan, no further traffic studies were required for this project. The project will be required to contribute to the Traffic Signal and Street Improvement components of the Development Impact Fees prior to the issuance of any building permits. No significant impacts are anticipated. 15. c.: No Impact: Development of this property will not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. This site is not within the French Valley Airport influence area. Therefore, no impacts are anticipated as a result of the project. 15. d.: No Impact: The project will not result in hazards to safety from design features. The project is designed to current City standards and does not propose any hazards. No impacts are anticipated as a result of this project. 15. e.: No Impact: The project will not result in inadequate emergency access or inadequate access to nearbY. uses. The project is designed to current City standards and has adequate emergency access and will not interfere with access to nearby uses. No impacts are anticipated as a result of this project. 15. f.: No Impact: The proposed project will meet industrial use parking requirements per Chapter 17.24 of the City of Temecula Development Code. No impacts are anticipated as a result of this project. 15. g.: No Impact: The project will be required to be designed consistent with adopted policies, plans, or programs supporting alternative transportation. Therefore, no impacts will result from this project. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: " Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Suonortinn Information Sources Imnacl Inco~ted Imoact Imood a. Exceed wastewater treatment requirements of the X applicable Reaional Water QualitY Control Board? b. Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing . facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water X drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the X Droiect from existina entitlements and resources, or are . R:\D P\2Q04\04.Q134 CBC Business Center\lnitial Study Correct Fonnat.doc16 e. new or ex anded entitlements needed? Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Be served by a landfill with sufficient permitted capacity to accommodate the ro'ect's solid waste dis osal needs? Comply with federal, state, and local statutes and re ulations related to solid waste? x f. x g. x Comments: 16. a. b. e.: Less Than Significant Impact: The project 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. Since the project is consistent with the City's General Plan, less than significant impacts are anticipated as a result of this project. 16. c.: Less Than Significant Impact: The project will require or result in the construction of new storm water drainage facilities on site that will connect to the existing system currently in place along Remington Avenue. The design of the existing system is sufficient to handle the runoff from this project and will not require the expansion of existing facilities, the construction of which could cause significant environmental effects. Drainage fees are required by the Riverside County Flood Control and Water Conservation District to reimburse the county for the Murrieta CreekfTemecula Valley Area Drainage Plan. Less than significant impacts are anticipated as a result of this project. . d.: Less Than Significant Impact: The project will not significantly impact existing water supplies nor require expanded water entitlements. While the project will have an incremental impact upon existing systems, the Final Environmental Impact Report (FEIR) for the City's General Plan states: "both EMWD and RCWD have indicated an ability to supply as much water as is required in their services areas (p. 39)." The FEIR further states: "implementation of the proposed General Plan would not significantly impact wastewater services (p. 40)." Since the project is consistent with the City's General Plan, less than significant impacts are anticipated as a result of this project. 16. f. g.: Less Than Significant Impact: The project will not result in a need for new landfill capacity. Any potential impacts from solid waste created by this development can be mitigated through participation in Source Reduction and Recycling Programs, which are implemented by the City. Less than significant impacts are anticipated as a result of this project. 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Issues and Su run Information Sources a. Does the project 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 or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periOdS of California histo or rehisto ? b. Does the roject have im acts that are individuall R:\D P\2004\04-0134 CBC Business Center\lnitial Study Correct Fonnat.doc17 Potentially Significant 1m act Potentially Significant Unless Mitigation Inco rated LessThan Significant' 1m act No 1m act X X I limited, but cumulatively considerable? ("Cumulatively I I I I I 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 oroiects, and the effects of orobable future oroiects\? c. Does the project have environmental effects which will X. cause substantial adverse effects on human beings, either directlv or indirectiv? . Comments: 17. a.: No Impact: This site, which has been previously graded and is surrounded by industrial development, does not contain any viable habitat for fish or wildlife species. This is an in-fill development 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 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. No impacts are anticipated as a result of this project. 17. b.: Less Than Significant Impact with Mitigation Measures: The individual effects from the project are less than significant with Mitigation Measures incorporated into the project. The project will not have a cumulative effect on the environment since the project site is an industrial area in an urban area, surrounded by development. 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. With the mitigation measures in place, the project will be consistent with the General Plan and Development Code, the cumulative impacts. related to the future development will not have a significant impact. 17. c.: Less Than Significant Impact with Mitigation Measures: The project will not have environmental effects that would cause substantial adverse effects on human beings, directly or indirectly. The industrial project will be designed and developed consistent with Development Code, and the General Plan. Mitigation Measures are required in order to reduce impact to a less than significant level. 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 ErR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a. Earlier anal ses used. Identif earlier anal ses and state where the 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 b miti ation measures based on the earlier anal sis. 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 the address site-s ecific conditions for the ro'ect. Comments: 18.a. The City's General Plan and Final Environment Impact Report were used as a referenced source in. preparing this Initial Study. These documents are available for review at the City of Temecula Planning Department located at 43200 Business Park Drive. Previously prepared historical/archaeological R:\D P\2004\04~0134 CBe Business Center\lnitial Study Correct FOll1lat.doc18 . ~: . . studies were used as a referenced source in preparing this Initial Study. These documents are on file with the Eastern Information Center at University of California, Riverside. Not applicable. The mitigation measures are addressed in the Mitigation Monitoring Program, which is attached. R\D P\2004\04-0134 CBC Business Center\lnitial Study Correct Format.doc19 SOURCES 1. City of Temecula General Plan. . 2. City of Temecula General Plan Final Environmental Impact Report. 3. Historical/Archaeological Resources Review, prepared by CRM Tech and dated September 22,2004. 4. EnGEN Corporation, 1997, Fault Investigation, Existing Restricted Use Zone, Parcel Maps 24085 and 24086, City of Temecula. Project No. T1179-FS. dated August 29, 1997. 5. EnGEN Corporation, 1998, Updated Geotechnical/Geological Engineering Study, Proposed Expansion of Business Center, Parcels 1 through 9 of Tract 28657, Diaz Road, City of Temecula, Project No. T1381-GS, dated May 4, 1998. 6. EnGEN Corporation, 1999, Geotechnical Report and Compaction Test Results, Rough Grading Operations, Proposed Expansion of Existing Business Center, Tract 28657, City of Temecula, Project No. T1381-C, dated June 9,1999. . . R:ID PI2004\04-0134 CBC Business Cenler\lnitial Sludy Correct Formal.d0c20 . . . Mitigation Monitoring Program CBC Remington Business Center Planning Application No. PA04-0134 & 0136 (Development Plan & Tentative Tract Map No. 32113) AIR QUALITY General Impact: The proposed project could potentially expose sensitive receptors to substantial pollutant concentration and could potentially create objectionable odors affecting a substantial number of people working in the nearby area. Mitigation Measures: Prior to the issuance of a grading permit, the applicant shall verify that all earth moving and large equipment are properly tuned and maintained to reduce emissions. In addition, alternative clean-fueled vehicles shall be used where feasible. Construction equipment should be selected considering emission factors and energy efficiency. Electrical and/or diesel-powered equipment should be utilized in-lieu of gasoline-powered engines. During construction and grading phases, the project site shall be watered down in the morning before grading and/or construction begins and in the evening once construction and/or grading is complete for the day. The project site shall be watered down no less than 3 times (not including the morning and evening water-down) during construction and/or grading activities to reduce dust. All fill being transported to and/or from the site shall be covered and the wheels and lower portion of transport trucks shall be sprayed with water to reduce/eliminate soil from the trucks before they leave the construction area. Specific Process: Planning staff will verify compliance with the above mitigation measure as part of the grading plan check review process. Mitigation Milestone: Prior to the issuance of a building permit. Responsible Monitoring Party: Planning Department R:\D P\2004104-0134 CBe Business CenlerlMitigation Monitoring Program.doc 1 CULTURAL RESOURCES General Impact: Directly or indirectly destroying any unique paleontological or archaeological resources. . Mitigation Measure: The Applicant shall enter into a pre-construction agreement/treatment plan with the Pechanga Band of Luiseno Indians, prior to the issuance of grading permits, that sets forth and contains the terms and conditions for the treatment of discoveries of Native American cultural resources. The agreement /treatment plan shall contain provisions for the treatment of all Native American cultural items, artifacts, and Native American human remains that may be uncovered during the project. The agreement/ treatment plan may allow for the presence of Pechanga tribal monitors during any ground-disturbing activities. Specific Process: Place the above condition of approval on this project to require a pre-construction agreement/treatment plan between the applicant and the Pechanga Band of Luiseno Indians prior to the issuance of grading permits. Mitigation Milestone: Prior to issuance of a grading permit. Responsible Monitoring Party: Planning and Public Works Departments . General Impact: Directly or indirectly destroying any unique paleontological or archaeological resources. Mitigation Measure: The Applicant and/or landowner agrees to relinquish ownership of all cultural resources, including all archeological artifacts, that are found on the Project area to the Pechanga Band of Luiseno Indians for proper treatment and disposition. Specific Process: Place the above condition of approval on this project so that if cultural resources are encountered during grading, ownership shall be relinquished to the Pechanga Band of Luiseno Indians for proper treatment and disposition. Mitigation Milestone: Prior to the issuance of a grading permit. Responsible Monitoring Party: Planning and Public Works Departments General Impact: Directly or indirectly destroying any unique paleontological or archaeological resources. Mitigation Measure: Prior to any ground disturbance activities a qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in . RID P12004104-0134 CBC Business CenlerlMitigation Monitoring Program.doc 2 . . . Specific Process: Mitigation Milestone: Responsible Monitoring Party: consultation with the Pechanga Band of Luiseno Indians and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. Place the above condition of approval on this project so that a qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Band of Luiseno Indians and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. During the grading process. Planning and Public Works Departments General Impact: Mitigation Measure: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Directly or indirectly destroying any unique paleontological or archaeological resources. If any human remains are encountered on the project site, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office and the Pechanga Band of Luiseno Indians and Miranda, Tomaras, Ogas & Wengler, LLP will be contacted to arrange for the treatment of such remains. Place the above condition of approval on this project so that if any human remains are encountered on the project site, all ground disturbing activities in the vicinity of the discovery will be terminated immediately and the County Coroner's office and the Pechanga Band of Luiseno Indians and Miranda, Tomaras, Ogas & Wengler, LLP will be contacted to arrange for the treatment of such remains. During the grading process. Planning and Public Works Departments RID P\2004\04-0134 CBC Business Cenler\Mitigation Moniloring Program.doc 3 GEOLOGY AND SOILS General Impact: Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the Alquist-Priolo Earthquake Fault Zoning Map. . Mitigation Measure: Habitable structures shall be constructed outside the 120- foot "restricted use zone" of the main fault trace which lies along the western edge of Parcel 1, and development shall occur in accordance with the recommendations set forth in the EnGEN Corporation studies referenced in Initial Study. In addition, proposed project will be conditioned to utilize construction techniques that are consistent with the California Building Code. Specific Process: Submit building plans consistent with proposed site plan for the project that incorporate the recommendations of the soils report and the EnGEN studies referenced in Initial Study for Building & Safety Department review and approval. Mitigation Milestone: Prior to the issuance of grading and building permits. Responsible Monitoring Party: Public Works and Building & Safety Departments . General Impact: Unstable soil conditions from excavation, grading or fill. Mitigation Measures: A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check and development shall occur in accordance with the recommendations set forth in the soils report and the EnGEN Corporation studies referenced in Initial Study. Specific Processes: Submit soils report with initial grading plan check erosion control plans for approval by the Department of Public. Grading plans shall incorporate the recommendations of the soils report and the EnGEN studies referenced in Initial Study. Mitigation Milestone: Prior to the issuance of a grading permit. Responsible Monitoring Party: Department of Public Works General Impact: Exposure of people or property to seismic ground shaking, seismic ground failure, landslides or mudflows, expansive soils or earthquake hazards. . Mitigation Measure: Ensure that soil compaction is to City standards. R\D P\2004\04-0134 CaG Business Center\Mitigation Monitoring Program.doc 4 . Specific Process: A soils report prepared by a registered Civil Engineer shall be submitted to the Department of Public Works with the initial grading plan check. A registered Civil Engineer shall certify building pads. Mitigation Milestone: Prior to the issuance of grading permits and building permits. Responsible Monitoring Party: Department of Public Works and Building & Safety Department. General Impact: Exposure of people or property to seismic ground shaking, seismic ground failure, landslides or mudflows, expansive soils or earthquake hazards. Mitigation Measure: Utilize construction techniques that are consistent with the Uniform Building Code. Specific Process: Submit construction plans to the Building & Safety Department for approval. Mitigation Milestone: . Responsible Monitoring Party: Prior to the issuance of building permits. Building & Safety Department . R:\D P\2004\04-0134 CBC Business Cenler\Mitigation Moniloring Program.doc 5 ITEM #6 'j . . . CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Matthew Harris, Associate Planner January 19, 2005 Ashville II - Planning Applications PA04-0359 and PA04-0365 The above referenced items were scheduled for Planning Commission on January 5, 2005, however, due to a meeting cancellation these items were continued to the meeting of January 19, 2005 for consideration by the Planning Commission. ATTACHMENTS 1. PC Resolution No. 2005-_, Tentative Tract Map/Home Product Review - Blue Page 2 Exhibit A - Draft Conditions of Approval 2. Staff Report from January 5, 2005 Planning Commission Meeting - Blue Page 4 R:\Product Revlew\2004\04-0365 Ashvllle mpc Memo 1-19-ll5.doc 1 ATTACHMENT NO.1 PC RESOLUTION NO. 2005-_ TENTATIVE TRACT MAP/HOME PRODUCT REVIEW R:lProducl Revlew\2004lO4-0365 Ashvllle IIIPC Memo 1-1~.doc 2 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0359 (TENTATIVE TRACT MAP TIM 32104) and PA04-0365 (HOME PRODUCT REVIEW "ASHVILLE II") TO SUBDIVIDE 5.23 ACRES INTO FIFTY-THREE (53) SINGLE- FAMILY RESIDENTIAL LOTS, EIGHTEEN (18) OPEN SPACE LOTS AND A ONE PRIVATE STREET LOT AND A APPROVING THE ARCHITECTURAL DESIGN AND PLACEMENT OF FIFTY- THREE (53) HOMES WITHIN A PORTION OF PLANNING AREA 3 OF THE HARVESTON SPECIFIC PLAN. WHEREAS, Greystone Homes filed Planning Application No. PA04-0359 and PA04- 0365 (the "Application") 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 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 January 9, 2004, 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 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 RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Tentative Tract Map Findinqs. That the Planning Commission, in approving the Application, hereby makes the following findings as required in 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. Tentative Tract No. 32104 is consistent with the General Plan, the Subdivision Ordinance, the Development Code and the Municipal Code because the project has been designed for single-family residential lots which is consistent with the land uses specified for this Planning Area in the Harveston Specific Plan. R:\Product Review\2004\04-0365 Ashville II\Draft PC ResQ.doc 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. . The proposed land division is not land designated for conservation or agricultural use and has never been 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. The project consists of a 72-lot Tentative Tract Map which includes 53 single-family residences, 18 open-space lots and one private street lot on property designated for Medium 2 residential use. D. The design of the subdivision and the proposed improvements, with conditions of approval, will not likely cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design of the subdivision is consistent with the land use assumptions of the EIR prepared for the Harveston Specific Plan. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed by the Fire and Building Departments and has been conditioned to address their concerns. All aspects of grading and construction will be inspected by City staff to ensure compliance with all state and local codes. . F. The design of the subdivision provides for future passive or natural or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the construction of single- family residences, the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. 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. All required rights-of-way and easements have been provided on the Tentative Map. The Public Works Department and Community Services District have reviewed the proposed division of land and adequate conditions and/or modifications have been made to the Tentative Tract Map. H. (Quimby). The subdivision is consistent with the City's parkland dedication requirements The City's parkland dedication requirements are covered in the Development Agreement . approved with the Harveston Specific Plan and the map provides public access to the lake park. R:\Product Review\2004\04-Q365 AshviIle II\Draft PC Reso.doc 2 . . . Section 3. Development Plan Findinqs. That the Planning Commission, in approving the Application, hereby makes the following findings as required in Section 17.05.010 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 proposed single-family detached homes are permitted in the Medium 2 land use designation contained in the Harveston Specific Plan. The project is also consistent with the Medium land use designation contained in the General Plan. The site is properly planned, designed and zoned, and as conditioned, is physically suitable for the type and density of residential development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the Environmental Quality Act (CEQA), and fire and building codes. B. The overall development of the land is designed for the protection of the public health, safety and general welfare. The overall design of the detached single-family homes, including the site, buildings, parking, circulation, and other associated site improvements, is consistent with and intended to protect the health and safety of those living and working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable 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. The proposed project has been determined to be consistent with the previously approved Harveston Specific Plan EIR and is exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations). Section 4. Conditions. The Planning Commission of the City of Temecula approves the application (PA04-0359 and PA04-0365) a Tentative Tract Map (TTM 32104) and Home Product Review for the architectural design and placement of fifty-three (53) detached single family homes in a portion of Planning Area 3 of the Harveston Specific Plan for all of the foregoing reasons and subject to the project specific conditions set forth on Exhibit A attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 191h day of January 2005. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] R:\Product Review\2004\04-0365 Ashville II\Draft PC Reso.doc 3 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2005-_ 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 January 2005, by the following vote: AYES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: NOES: ABSENT: ABSTAIN: Debbie Ubnoske, Secretary R:\Product Review\2004\04-0365 Ashville II\Draft PC Reso.doc 4 . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL TENTATIVE TRACT MAP/HOME PRODUCT REVIEW R:\Product Review\2004\04-0365 AshviUe II\Draft PC Reso.doc 5 . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0359 and PA04-0365 Project Description: A Tentative Tract Map (TIM 32104)/Home Product Review to subdivide 5.23 acres into 53 single family residential lots, 18 open space lots and one private street lot. The subject property is located at the northwest corner of Lake House Road and Sarasota Lane within the Harveston Specific Plan area DIF Category: Per Development Agreement MSHCP Category: TUMF Fee: Per Development Agreement Per Development Agreement Assessor's Parcel No.: Portions of 910-110-027 & 916-170-016 Approval Date: January 19, 2005 Expiration Date: January 19, 2008 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicanVdeveloper 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 applicanV 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 2. 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. 3. 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 R:\Product Review\2004\04-0365 Ashville II\Draft Conditions of Approval.doc I 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 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. 4. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 13, the Harveston Specific Plan. 5. All development fees shall be paid in conformance with the Development Agreement that regulates this development project. 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. 7. 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. 6. Prior to Issuance of Grading Permits 8. A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. Prior to Recordation of the Final Map 9. The following shall be submitted to and approved by the Planning Division: a. A copy of the Final Map. b. A copy of the Environmental Constraint Sheet (ECS) with the following notes: i. This property is located within 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:\Product Review\2004\04~0365 Ashville II\Draft Conditions of Approval.doc 2 . . . . . c. 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 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. ili. 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. DEPARTMENT OF PUBLIC WORKS General Requirements 10. 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. 11. 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. 12. 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. 13. . 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. R\Product Review\2004\04-0365 Ashville II\Draft Conditions of Approval.doc 3 14. The Applicant shall comply with all underlying Conditions of Approval for Harveston Specific Plan No. 13 (PA99-0418) as approved on August 14, 2001. . 15. The Applicant shall comply with all underlying Conditions of Approval for Tentative Tract Map No. 29639(PAOO-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: 16. 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. Riverside County Flood Control and Water Conservation District d. City of Temecula Fire Prevention Bureau e. Planning Department f. Department of Public Works g. Riverside County Health Department h. Cable TV Franchise 17. i. Community Services District General Telephone Southern California Edison Company Southern California Gas Company . j. k. I. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. Street centerline grades shall be 0.5% minimum over P .C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City Standard Nos. 207 and 207A. c. Street lights shall be installed along the public streets shall be designed in accordance with the Specific Plan Standards. d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401 or as modified in the Specific Plan. e. All street and driveway centerline intersections shall be at 90 degrees. f. 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. g. 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. h. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where . R:\Product Review\2004\04-0365 Ashville II\Draft Conditions of ApprovaLdoc 4 . . . 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. 18. 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. 19. Relinquish and waive right of access to and from Logan Court on the Final Map with the exception of one opening as delineated on the approved Tentative Tract Map. 20. Relinquish and waive right of access to and from Sarasota Lane on the Final Map as delineated on the approved Tentative Tract Map. 21. Relinquish and waive right of access to and from Lake House Road on the Final Map with the exception of one opening 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. 22. 23. 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. 24. Any delinquent property taxes shall be paid. 25. 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 26. 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. 27. 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. 28. 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. 29. A 24 foot easement shall be dedicated for public utilities and emergency vehicle access for all private streets and drives. R:\Product Review\2004\04-0365 Ashville II\Draft Conditions of Approval.doc 5 30. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 31. 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 32. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 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. 34. 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. 33. 35. 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. NPDES - The project proponent shall implement construction-phase and post- construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction- phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include 36. R:\Product Review\2004\04-0365 Ashville II\Draft Conditions of Approval.doc 6 . . . . 37. 38. a combination of structural and non-structural on site source and treatment control BMPs to prevent contaminants from commingling with storm water and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post- construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. 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. 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. 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. 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 39. 40. 41. Final Map shall be approved and recorded. 42. 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. 43. 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. 44. 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 45. 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 Department of Public Works c. R:\Product Review\2004\04-0365 Ashville II\Draft Conditions of Approval.doc 7 46. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. . 47. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 48. 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 49. Any previous existing conditions for this project or any underlying map will remain in full force and effect unless superceded by more stringent requirements here. 50. 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. 51. 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 III-A) . 52. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 21/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) 53. The Fire Prevention Bureau is required to set a minimum fire flow for commercial 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 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 III-A) 54. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-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 . R:\Product Review\2004\04-0365 Ashville II\Draft Conditions of Approval.doc 8 . . . from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) 55. 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) 56. 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. 57. 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. 58. 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. 59. 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. 60. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) 61. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 62. 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) 63. 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) 64. 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) R:\Product Review\2004\04-0365 Ashvilte II\Draft Conditions of Approva1.doc 9 65. 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) . 66. 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 67. 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) 68. 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 Conditions 69. 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. . 70. The CC&R's shall address restricted street parking to accommodate solid waste collection. Specific details shall include a means of notification to residents and visitors as well as enforcement responsibilities. 70. TCSD shall review and approve the CC&R's prior to their recordation. 71. All private streets, parkways within the right of way along Lake House Road, Sarasota Lane and Logan Court, residential streetlights on private streets, open space, pedestrian access areas and monumentation shall be maintained by an established Home Owner's Association. Prior to issuance of Building Permits 72. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 73. Prior to issuance of building permit or the installation of additional street lighting to be maintained by TCSD, which ever occurs first, the developer shall complete the TCSD application process, submit the approved Edison streetlight improvement plans and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program. . R:\Product Review\2004\04-0365 Ashville II\Draft Conditions of Approval.doc 10 . Prior to Certificate of Occupancy 74. 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. 75. The developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. 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. Date Applicant's Signature Applicant's Printed Name . . R\Product Review\2004\04-0365 Ashville II\Oraft Conditions of Approval.doc II . . . EXHIBIT B CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0365 Home Product Review Project Description: A Home Product Review "Ashville II" to consider the architectural design and placement of 53 detached single-family homes on 5.23 acres located at the northwest corner of Lakehouse Road and Sarasota Lane within a portion of Planning Area 3 within the Harveston Specific Plan area. DIF Category: MSHCP Category: TUMF Fee: Per Development Agreement Per Development Agreement Per Development Agreement Assessor's Parcel No.: Portions of 910-110-027 & 916-170-016 Approval Date: January 9, 2005 Expiration Date: January 9, 2007 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 as provided under Public Resources 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 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 2. 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, R:\Product Review\2004\04.0365 AshviHe II\Draft Conditions of Approval.doc 12 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. 3. All development fees shall be paid in conformance with the development agreement that regulates this development project. 4. All conditions shall be complied with prior to any occupancy or use allowed by this Product Review. 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 6. 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. 7. This approval is for product review only and shall in no way limit the City or other regulatory or service agencies from applying additional requirements and/or conditions consistent with applicable policies and standards upon the review of grading, building and other necessary permits and approvals for the project. The development of the premises shall substantially conform to the approved building elevations, floor plans, landscape plans, hardscape plans, and plotting plan/elevation enhancement plans contained on file with the Planning Department. 9. The construction plans shall indicate the following: a. Prairie: Fine to light sand finish stucco. b. Italianate: 24-inch eaves; stucco soffits; and fine to light sand stucco finish. c. Monterey: Barrel tile roof; brick veneer painted to match stucco. d. All models with third story: Wrap around architectural treatment on all sides to the satisfaction of the Planning Director. 8. 10. The colors and materials (including lighting) for this project shall substantially conform to the approved colors and materials contained on file with the Planning Department. Any deviation from the approved colors and materials shall require approval of the Planning Director. 11. The Development Code requires double garages to maintain a minimum clear interior dimension of 20' x 20'. This shall be clearly indicated on the plans prior to the issuance of building permits for the project. Interior dimensions are measured from the inside of garage wall to the opposite wall, steps, landing, equipment pedestals, bollards or any similar type feature. When the top of the stem wall is more than 8" above the garage floor, the required dimension is measured from the inside edge of the stem wall. R:\Product Review\2004\04-0365 Ashville II\Draft Conditions of Approval.doc 13 . . . . . 12. Applicant shall obtain the proper permits before construction, including Encroachment Permit from the Public Works Department for any work done in the City right-of-way, and Building Permit from the Building and Safety Department. 13. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 14. 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. 15. 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 "P', the colored architectural 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. Prior to Issuance of Grading Permits 16. A copy of the Grading Plan shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit 17. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform substantially with the approved Conceptual Landscape Plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The following items shall accompany the plans: 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). 18. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a 3' clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. R:\Product Review\2004\04-0365 Ashville II\Draft Conditions of ApprovaI.doc 14 19. A landscape maintenance program shall be submitted for approval with the landscape construction plans, 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 carryout the detailed program. 20. The applicant shall comply with standards, conditions and requirements set forth in the Harveston Specific Plan, Mitigation Monitoring Program, Conditions of Approval of PA04-0359 (TIM 32104) and the Development Agreement for the Harveston Specific Plan. 21. Any optional exterior treatments such as garage doors, front doors, entry gates etc., shall be shown on the construction plans and be subject to Planning Department review and approval. 22. The applicant shall submit a mailbox plot plan clearly indicating the location of each mailbox structure throughout the project site subject to Postmaster and Planning Director review and approval. 23. Prior to construction of the model home complex, the applicant shall apply for a Model Home complex permit. 24. Precise Grading Plans consistent with the approved rough grading plans, plotting plan, and structural setback measurements shall be submitted and approved by the Public Works and Planning Departments. The developer shall demonstrate to the Planning Director that all homes will have double paned windows with at least a 25 STC rating installed to reduce noise from occasional aircraft over flights. 26. 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 recommended construction techniques, improvements and/or walls recommended in the acoustical report shall be incorporated into the construction of the structures and subdivision. 25. Prior to Issuance of Occupancy Permits 27. All required landscape planting, irrigation and perimeter fencing/walls 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. 28. 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 plans 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 City shall release the bond upon request. R:\Product Review\2004\04.0365 Ashville lI\Draft Conditions of Approval.doc 15 . . . . . . 29. If deemed necessary by the Planning Director, the applicant shall provide additional landscaping to effectively screen various components of the project. 30. Front yard and slope landscaping, hardscaping, fences and walls within individual lots shall be completed for inspection prior to issuance of each occupancy permit (excluding model home complex structures). By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name R:\Product Review\2004\04~0365 Ashville II\Draft Conditions of Approval.doc 16 ATTACHMENT NO.2 JANUARY 5, 2005 PLANNING COMMISSION STAFF REPORT R:\Producl Revlew\2004\04-0365 Ashvllle IIIPC Memo 1-19-D5.doc 3 . . . Date of Meeting: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION January 5, 2005 Title: Associate Planner Prepared by: Matt Harris Application Type: Tentative Tract Map/ Home Product Review File Number PA04-0359/ PA04-0365 Project Description: Recommendation: (Check One) CEQA: (Check One) A Tentative Tract Map (TIM 32104) to subdivide 5.23 acres into 53 single-family residential lots, 18 open space lots and one street lot and a Home Product Review ("Ashville II") to consider the architectural design and placement of the proposed homes within the tract. The subject property is located at the northwest corner of Lake House Road and Sarasota Lane within a portion of Planning Area 3 of the Harveston Specific Plan area. [8J Approve with Conditions D Deny D Continue for Redesign D Continue to: D Recommend Approval with Conditions D Recommend Denial [8J Notice of Determination Exempt from further review (Section) 15162 D Negative Declaration D Mitigated Negative Declaration with Monitoring Plan DEIR R:\Product Review\2004\04-0365 Ashville Il\Final Staff Report.dot PROJECT DATA SUMMARY . Applicant: Greystone Homes Completion Date: May 20, 2004 Mandatory Action Deadline Date: February 9, 2004 (With Extension) General Plan Designation: Medium (M) Zoning Designation: Harveston SP-13 Medium Density 2 (M2) Site/Surrounding Land Use: Site: Vacant North: South: East: West: Harveston Rec. Center/Lake Park Residential Residential Residential Lot Area: 5.23 Acres Landscape Area/Coverage N/A . Parking Required/Provided 106 Required/143 Provided BACKGROUND SUMMARY [gI1. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. [8] 2. The application review has been completed and staff has determined that the proposed project is consistent with the General Plan, City-wide Design Guidelines, the Harveston Specific Plan, and the Development Code. . R:\Product Review\2004\04-0365 AshviUe II\Final Staff Report.dot 2 . . . PROJECT DESCRIPTION Tentative Tract Map Backaround The Tentative Tract Map proposes to subdivide a portion of Planning Area 3 of the Harveston Specifc Plan. The project is generally located at the center of the specific plan boundary adjacent to the recreation center and lake park. The project site is served by two main ingress/egress points off Logan Court and Lake House Road. The number of residential lots and corresponding lot sizes associated with Tentative Tract Map 32104 are identified below: TRACT NUMBER 32104 NUMBER OF LOTS 53 MINIMUM LOT SIZE PROPOSED 2,624 Sa. Feet MAXIMUM LOT SIZE PROPOSED 3,744 Sa. Feet AVERAGE LOT SIZE PROPOSED 2,825 Sa. Feet Streets "A" and "B" traverse the project site and serve as one private street which provides connection between exterior roadways. The streets have 30-foot wide throats at connections to the exterior roadways which flare out and widen to 36-feet wide from curb to curb within the development. The streets will have five-foot wide parkways and sidewalks on both sides of the street within the overall 56-foot wide right-of-way. Three 24-foot wide access easements will accommodate private alleys that will serve rear unit garages within the project. The garages will directly abut the alleys. Units will either front onto Streets "A" and "B", exterior roadways or onto landscaped greenbelts with pedestrian pathways providing access to front elevations. Product Review The applicant is proposing to utilize the same product types that were approved and utilized in the Ashville neighborhood directly across the lake and to the east of the project site. Fifty-three detached single-family residences will be constructed having nine (9) elevations and three (3) floor plans ranging from 1,674-2,129 square-feet. Seven architectural styles will be utilized including Monterey, Spanish, Italianate, Prairie, Craftsman, Cottage and Colonial. Podocarpus and Bradford Pear trees will be utilized on various streets throughout the site. Eight different varieties of trees will be utilized along the alleys and front yard areas within the project including, but not limited to Photinia, Italian Cypress and Loquat. A large variety of accent and massing shrubs will be incorporated along courtyard walls and pedestrian paths. Turf areas will also be used along street frontages. All common areas outside of private yards will be maintained by a Homeowners Association. A combination of view fence designs will be utilized along the northern and eastern property line to take advantage of lake park views. Fences, viewed by the public around yards will consist of 6-foot tall solid vinyl with decorative lattice along the top of the fence. Vegetated pedestrian arbors will be placed at the ends of pedestrian pathways to enhance aesthetics and light bollards will be utilized for illumination. Architecturally treated mail box structures will be dispersed throughout the site. R:\Product Review\2004\04.0365 Ashville IJ\Final Staff Report.dot 3 ANALYSIS Tentative Tract Map . Tract Desian Both Planning and Public Works staff have determined that the street improvements within the tract conform with all Harveston Specific Plan requirements. The Fire Department has also reviewed the map and determined that there is proper access and circulation to provide emergency services to the site. The proposed 72-lot (53 units) tentative tract map is consistent with the City's Subdivision Ordinance and the "Medium 2 Residential" land use designation of the Harveston Specific Plan including lot area, width and depth requirements. The Specific Plan states that the intent of the Medium 2 Residential designation is to "provide residential homes on average 2,500 square-foot lots and will be targeted for small-lot single-family detached and small-lot single-family attached town homes" (SP pg. 3-5). With regard to project density, Section 3.0 of the Harveston Specific Plan identifies a density range of 7-13 dwelling units per acre and a dwelling unit target of 330 units within Planning Area 3. The applicant is requesting to develop 53 units on this 5.2 acre portion of Planning Area 3 which has a total acreage of 35.4 acres. When the proposed project density is added to existing approved densities within the planning area, a total of 321 units is achieved in Planning Area 3. Therefore, the proposed project density is consistent with the density range allocated in the specific plan. No density transfers are being requested in association with the development of b~~ . Product Review Architecture The applicant intends to utilize the same housing products previously approved by the Planning Commission in May of 2003 in association with the Harveston Ashville project (PA03-0625). At that time, the Commission and staff worked with the same applicant to achieve a variety of modifications to the products including enhanced architectural treatments on all sides of third story elements, upgraded stucco finishes and building materials, deeper eaves and enhanced. roofing materials to further improve the products. Staff has incorporated the same conditions of approval into this project. Staff has determined that the products comply with all applicable development standards of the Harveston Specific Plan. In accordance with Section 10.4.1 of the Harveston Specific Plan, staff has also determined that none of the nine architectural styles utilized for this project serve to exceed the 20% maximum style threshold required in Harveston. Moreover, staff has determined that the proposed home products are consistent with all applicable design guidelines as specified in Section 10.0 of the Harveston Specific Plan. In addition, staff believes that both the architectural plotting plan and elevation enhancement plan are logical and appropriate. ParkinCl The Specific Plan requires that a minimum of two enclosed parking spaces be provided for each of the units onsite. Two enclosed spaces have been provided for each unit. However, given that . R:\Product Review\2004\04-0365 Ashville lI\Final StaffReport.dot 4 . . . the products have multiple bedrooms and no driveways leading up to the garages, staff believes that onsite guest parking spaces are necessary. Staff worked with the applicant to achieve 37 guest parking spaces onsite. Staff believes the onsite parking is adequate to accommodate the proposed project. Landscaoina The landscape plan including walls and entry statements conforms to the landscape requirements of the Harveston Specific Plan, Development Code and Design Guidelines. ENVIRONMENTAL DETERMINATION ~ 1. The proposed project has been determined to be consistent with the previously approved EIR and is exempt from further Environmental Review (CEQA Section 15162 Subsequent EIR's and Negative Declarations). CONCLUSION/RECOMMENDATION Staff recommends adoption of a Resolution approving the application with the following findings and attached conditions of approval. FINDINGS Tentative Tract Map (Code Section 16.09.140) 1. 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. Tentative Tract No. 32104 is consistent with the General Plan, the Subdivision Ordinance, the Development Code and the Municipal Code because the project has been designed for single-family residential lots which is consistent with the land uses specified for this Planning Area in the Harveston Specific Plan. 2. The tentative map does not propose to divide land, which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965. The proposed land division is not land designated for conservation or agricultural use and has never been entered into any Williamson Act Contracts. 3. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The project consists of a 72-lot Tentative Tract Map which includes 53 single-family residences, 18 open-space lots and one private street lot on property designated for Medium 2 residential use. 4. The design of the subdivision and the proposed improvements, with conditions of approval, will not likely cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. R:\Product Review\2004\04-0365 Ashville II\Final Staff Report.dot 5 The design of the subdivision is consistent with the land use assumptions of the EIR . prepared for the Harveston Specific Plan. 5. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed by the Fire and Building Departments and has been conditioned to address their concerns. All aspects of grading and construction will be inspected by City staff to ensure compliance with all state and local codes. 6. The design of the subdivision provides for future passive or natural or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the construction of single- family residences, the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. All required rights-of-way and easements have been provided on the Tentative Map. The Public Works Department and Community Services District have reviewed the proposed . division of land and adequate conditions and/or modifications have been made to the Tentative Tract Map. 8. The subdivision is consistent with the City's parkland dedication requirements (Quimby). The City's parkland dedication requirements are covered in the Development Agreement approved with the Harveston Specific Plan and the map provides public access to the lake park. Home Product Review (Code Section 17.05.010) 1. 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 single-family detached homes are permitted in the Medium 2 land use designation contained in the Harveston Specific Plan. The project is also consistent with the Medium land use designation contained in the General Plan. The site is properly planned, designed and zoned, and as conditioned, is physically suitable for the type and density of residential development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the Environmental Quality Act (CEQA), and fire and building codes. 2. The overall development of the land is designed for the protection of the public health, safety and general welfare. . R:\Product Review\2004\04-0365 Ashville lI\Final Staff Report.dot 6 . . . The overall design of the detached single-family homes, including the site, buildings, parking, circulation, and other associated site improvements, is consistent with and intended to protect the health and safety of those living and working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. ATTACHMENTS 1. Plan Reductions - Blue Page 7 2. PC Resolution No. 2005 -_ Blue Page 8 Exhibits A - Conditions of Approval (Tentative Tract Map) Exhibit B - Conditions of Approval (Home Product Review) R:\Product Review\2004\Q4-0365 Ashville I1\FinaJ Staff Report.dot 7 . . . 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Sft~ft~ ifdIff C~~ijifdlm~~ ~ , / ( ~ \ I 101 ",<0:';; ",,,- <IT'" ' "'W ~lQ~ I ,,,,tl 'co>; '::.- , t rr -2 '~ _C!IeAlI." 1"-' !...I ~ . ~ ~ "~'~" ,~ '~~'_,n'l!:<<' a ,_ra ALLEY SECTION ~ , .1~ .~ 1. -- --..-- --- -- ---- ----- --...-- ---- ........:...-- ~~ =-- ..' --- .1 .Ii! --- , ' I-b~' .; .; ,=--::::'- II'I,E 3 ---- " -- _10*.1. = STREE1S 'A' & 'B' ~ 1.AND USE 8lMI4A.R'f =-~ li,e. "ISH) $llIIl,.um.r.wsJllOO1AlJ.,uJ,l. SlIU1Scl.Ol12 UllJl lflS'Sf-1J (IfJI$IW:I. l.'" -- !P.!!!!!t4 10l'''!!I!! 17M" ==.:;:~:lPOii~= iJJlJ ~ -.. .....u1o _~IT: GREYSTONE HOMES 4OlIllOCOVNT'l'CENTEflDAM! surTEt10 lEMECIAA, CA..... ==== --- DAI:"-'-'- I~ ~""'''''_llol''''' ... 1PIrnl........,,_......,-.... CDNSULrtNa ................ ...."........_....... . ~ VICNlV ...... -- 1.E3AL.....,.........,........ UI'/J"'IRtCJIG.~ ASSDOR'S PARCEl.. NUMBER IQIfllJlfIlfJ.'_" _'_If B.ASlSOF~NOM ~~~ - G&JI'D.... 1NFORMA1ION I, D1lin-UICIU2: _ 1. 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CO"'_ULrI_..,"._ n. ........... _._.<01 .-~ '_Ill ASHVILLE II LAKE PARK HARYESTON LAKE CLUB --:=.::;::.-:-_::=.::.......-~-- I -b::::----:.::.===::::::=-====~==. ~--trrrJ1TT I I / 53 UNITS 37 ON SIREEf PAAl<ING SPACES DISClAIMER lANGUAGE ~E=r;:<~::'ji/%~:~:1~<::: Ei't ::-.,:..~.~~tf~-r'...:~....;~=l~~..el."" ~.:m"CI"~~:";:'~i:~~r:C"'~l::'~' ..........J,...........,.u......,..._J....J....._. ....v... ......... 'U'. ul..... ..t.....,.. _,,__,..... H.\t:J;;::;~t: ;';:JJE1r.!1"::ii~~ ':;"~J'" ~ -~ .0Il1.. IT.oLU..Ul! ~.. -- .=* -. ElEVATION lEGEND M S I P CR COT, CO<. lEGEND .~EUY.Tl'" 4. -.- flOT'ITHstonw< 1II=~:.e~ ~u~ - :' .:~:.:- .~ liD ""..-lOT5I DJlI_r i"'MDIlIVElUr lTAfl:T. 1YP\CAL Lel IJlID&fJH1....~ N.T.S. ~ """""'..... -- AI"'__. ...., un LI.e "...1.. =. <.1."'" 1YP\CAL Lel '''"'' H.T.S. GREYSTONE HOMES <<*lDCOUNrYCENJ1!JIlPfWli SUTEf10 .................. ==== PRODUCT PLACEMENT PlAN ASl-MUE II HARVESTON TENTATIVE TRACT NO, 32104 o/Temecula '~JCUT1l.ITY ~- .0._....,.._ 3- IIDIY_ =..- llO'CINCCAOLOT$l ~.,"lurr .S'_..wtlSETI.\I;Il - 1 . ...1.- PUlTD.Ul>.... . . . ATTACHMENT NO, 2 PC RESOLUTION NO, 2005-_ R:\Product Review\2004\04-0365 Ashville II\Final Staff Report.dot 9 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0359 (TENTATIVE TRACT MAP TIM 32104) and PA04-0365 (HOME PRODUCT REVIEW "ASHVILLE II") TO SUBDIVIDE 5.23 ACRES INTO FIFTY-THREE (53) SINGLE- FAMILY RESIDENTIAL LOTS, EIGHTEEN (18) OPEN SPACE LOTS AND A ONE PRIVATE STREET LOT AND A APPROVING THE ARCHITECTURAL DESIGN AND PLACEMENT OF FIFTY- THREE (53) HOMES WITHIN A PORTION OF PLANNING AREA 3 OF THE HARVESTON SPECIFIC PLAN. WHEREAS, Greystone Homes filed Planning Application No, PA04-0359 and PA04- 0365 (the "Application") 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 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 January 9. 2004, 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 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 RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference, Section 2. Tentative Tract MaD Findinos. That the Planning Commission, in approving the Application, hereby makes the following findings as required in 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. Tentative Tract No, 32104 is consistent with the General Plan, the Subdivision Ordinance, the Development Code and the Municipal Code because the project has been designed for single-family residential lots which is consistent with the land uses specified for this Planning Area in the Harveston Specific Plan. R\Product Review\2004\04-0365 Ashville II\Draft PC Reso.doc 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, The proposed land division is not land designated for conservation or agricultural use and has never been 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. The project consists of a 72-lot Tentative Tract Map which includes 53 single-family residences, 18 open-space lots and one private street lot on properly designated for Medium 2 residential use. D. The design of the subdivision and the proposed improvements, with conditions of approval, will not likely cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat The design of the subdivision is consistent with the land use assumptions of the EIR prepared for the Harveston Specific Plan. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed by the Fire and Building Departments and has been conditioned to address their concerns, All aspects of grading and construction will be inspected by City staff to ensure compliance with all state and local codes, . F. The design of the subdivision provides for future passive or natural or cooling opportunities in the subdivision to the extent feasible, The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the construction of single- family residences, the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. 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. All required rights-of-way and easements have been provided on the Tentative Map. The Public Works Deparlment and Community Services District have reviewed the proposed division of land and adequate conditions and/or modifications have been made to the Tentative Tract Map, H. (Quimby), The subdivision is consistent with the City's parkland dedication requirements The City's parkland dedication requirements are covered in the Development Agreement . approved with the Harveston Specific Plan and the map provides public access to the lake park. R:\Product Review\2004\04.0365 Ashville II\Draft PC Reso.doc 2 . . . Section 3. Development Plan Findinqs, That the Planning Commission, in approving the Application, hereby makes the following findings as required in Section 17,05,010 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 proposed single-family detached homes are permitted in the Medium 2 land use designation contained in the Harveston Specific Plan. The project is also consistent with the Medium land use designation contained in the General Plan. The site is properly planned, designed and zoned, and as conditioned, is physically suitable for the type and density of residential development proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the Environmental Quality Act (CEQA), and fire and building codes. B. The overall development of the land is designed for the protection of the public health, safety and general welfare, The overall design of the detached single-family homes, including the site, buildings, parking, circulation, and other associated site improvements, is consistent with and intended to protect the health and safety of those living and working in and around the site. The project has been reviewed for, and as conditioned, has been found to be consistent with all applicable 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. The proposed project has been determined to be consistent with the previously approved Harveston Specific Plan EIR and is exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations), Section 4. Conditions. The Planning Commission of the City of Temecula approves the application (PA04-0359 and PA04-0365) a Tentative Tract Map (TTM 32104) and Home Product Review for the architectural design and placement of fifty-three (53) detached single family homes in a portion of Planning Area 3 of the Harveston Specific Plan for all of the foregoing reasons and subject to the project specific conditions set forth on Exhibit A attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of January 2005. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] R:\Product Review\2004\04-0365 Ashville II\Draft PC Reso.doc 3 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2005-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of January, 2005, by the following vote: AYES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: NOES: ABSENT: ABSTAIN: Debbie Ubnoske, Secretary R:\Product Review\2004\04-0365 Ashville II\Draft PC Reso.doc 4 . . . . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0359 Project Description: A Tentative Tract Map (TIM 32104) to subdivide 5.23 acres into 53 single family residential lots, 18 open space lots and one private street lot. The subject property is located at the northwest corner of Lake House Road and Sarasota Lane within the Harveston Specific Plan area DIF Category: Per Development Agreement MSHCP Category: Per Development Agreement TUMF Fee: Per Development Agreement Assessor's Parcel No.: Portions of 910-110-027 & 916-170-016 Approval Date: January 5, 2005 Expiration Date: January 5, 2008 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1, The applicanVdeveloper 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 applicanV 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 2, 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, 3. 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 R:\Product Review\2004\04-0365 AshviIJe II\Oraft Conditions of Approval.doc I 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 Iirnitations 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. 4. This project and all subsequent projects within this site shall be consistent with Specific Plan No, 13, the Harveston Specific Plan, 5, All development fees shall be paid in conformance with the Development Agreement that regulates this development project. 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. 7. 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. 6, Prior to Issuance of Grading Permits 8. A copy of the Rough Grading plans shall be submitted and approved by the Planning Division, Prior to Recordation of the Final Map 9, 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: L 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:\Product Review\2004\04~0365 Ashville II\Draft Conditions of Approval.doc 2 . . . . . c, iL 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). L 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, iL 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, iiL 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, DEPARTMENT OF PUBLIC WORKS General Requirements 10, 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. 11, 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. 12. 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. 13. . 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. R:\Product Review\2004\04-0365 Ashville Il\Draft Conditions of Approval.doc 3 14. The Applicant shall comply with all underlying Conditions of Approval for Harveston Specific Plan No. 13 (PA99-0418) as approved on August 14, 2001. . 15, The Applicant shall comply with all underlying Conditions of Approval for Tentative Tract Map No. 29639(PAOO-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: 16, 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, Riverside County Flood Control and Water Conservation District d. City of Temecula Fire Prevention Bureau e, Planning Department f. Department of Public Works g. Riverside County Health Department h. Cable TV Franchise 17. L Community Services District General Telephone Southern California Edison Company Southern California Gas Company . j. k. L Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. Street centerline grades shall be 0,5% minimum over P ,C.C. and 1,00% minimum over A.C. paving, b, Driveways shall conform to the applicable City Standard Nos. 207 and 207A. c, Street lights shall be installed along the public streets shall be designed in accordance with the Specific Plan Standards, d, Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401 or as modified in the Specific Plan. e. All street and driveway centerline intersections shall be at 90 degrees. f. 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. g, 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. h, All utility systems including gas. electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where . R:\Product Review\2004\04-0365 Ashville lI\Draft Conditions of Approval.doc 4 . . . 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. 18, 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 right of access to and from Logan Court on the Final Map with the exception of one opening as delineated on the approved Tentative Tract Map, 19, 20, Relinquish and waive right of access to and from Sarasota Lane on the Final Map as delineated on the approved Tentative Tract Map, 21. Relinquish and waive right of access to and from Lake House Road on the Final Map with the exception of one opening as delineated on the approved Tentative Tract Map. 22. 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, 23. 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. 24. Any delinquent property taxes shall be paid. 25, 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 26. 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, 27. 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. 28. 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, 29, A 24 foot easement shall be dedicated for public utilities and emergency vehicle access for all private streets and drives, R:\Product Review\2004\04.0365 Ashville Il\Draft Conditions of Approval.doc 5 30, Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. . 31. 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 32, As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a, San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 33, 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, . 34, 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, 35, 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. NPDES - The project proponent shall implement construction-phase and post- construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction- phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include 36. . R:\Product Review\2004\04~0365 Ashville II\Draft Conditions of Approval.doc 6 . . . a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with storm water and treat all unfiltered runoff year-round prior to entering a storm drain, Construction-phase and post- construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. 37, 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. 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. 39. 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, 40. 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 41. Final Map shall be approved and recorded. 42, 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. 43. 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, 44, 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 45, 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 Department of Public Works c. R:\Product Review\2004\04-0365 Ashville II\Oraft Conditions of Approva!.doc 7 All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works, 47. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 46, 48, 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 49. Any previous existing conditions for this project or any underlying map will remain in full force and effect unless superceded by more stringent requirements here, 50. 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. 51. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix liLA, 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 III-A) 52. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix IILB, 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 III-B) 53, The Fire Prevention Bureau is required to set a minimum fire flow for commercial 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 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 III-A) 54, The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-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 R:\Product Review\2004\04-0365 Ashville II\Draft Conditions of Approval.doc 8 . . . . . . from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system, The upgrade of existing fire hydrants may be required, (CFC 903,2, 903.4,2, and Appendix III-B) 55. 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) 56. 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. 57, 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 Ib, load requirements and are at road level. 58, 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, 60. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed, Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs, GVW. (CFC 8704,2 and 902,2.2.2) 59, 61. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 62, 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) 63, 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) 64. Prior to building construction, this development and any street within seNing 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) R\Product Review\2004\04.0365 Ashville Il\Draft Conditions of Approval.doc 9 65, 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) . 66, 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 67, 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) 68. 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 Conditions 69, 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. . 70, The CC&R's shall address restricted street parking to accommodate solid waste collection, Specific details shall include a means of notification to residents and visitors as well as enforcement responsibilities, 70. TCSD shall review and approve the CC&R's prior to their recordation. 71, All private streets. parkways within the right of way along lake House Road, Sarasota lane and logan Court, residential streetlights on private streets, open space, pedestrian access areas and monumentation shall be maintained by an established Home Owner's Association. Prior to issuance of Building Permits 72. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 73. Prior to issuance of building permit or the installation of additional street lighting to be maintained by TCSD, which ever occurs first, the developer shall complete the TCSD application process, submit the approved Edison streetlight improvement plans and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program, . R:\Product Review\2004\04-0365 Ashville II\Draft Conditions of Approval.doc 10 . Prior to Certificate of Occupancy 74. 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. 75, The developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name . . R:\Product Review\2004\04-0365 AshvilIe II\Draft Conditions of Approval-doc 11 . . . EXHIBIT B CONDITIONS OF APPROVAL HOME PRODUCT REVIEW R:\Product Review\2004\04-0365 Ashville II\Draft PC Reso.doc 6 . . . EXHIBIT B CITY OF TEMECUlA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0365 Home Product Review Project Description: A Home Product Review "Ashville II" to consider the architectural design and placement of 53 detached single-family homes on 5.23 acres located at the northwest corner of lakehouse Road and Sarasota lane within a portion of Planning Area 3 within the Harveston Specific Plan area. DIF Category: MSHCP Category: TUMF Fee: Per Development Agreement Per Development Agreement Per Development Agreement Assessor's Parcel No.: Portions of 910-110-027 & 916-170-016 Approval Date: January 9, 2005 Expiration Date: January 9, 2007 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 as provided under Public Resources 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 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 2. 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, R:\Product Review\2004\04-0365 Ashville II\Draft Conditions of Approval.doc 12 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, 3. All development fees shall be paid in conformance with the development agreement that regulates this development project. 4, All conditions shall be complied with prior to any occupancy or use allowed by this Product Review, 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan, 6, 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. 7. This approval is for product review only and shall in no way limit the City or other regulatory or service agencies from applying additional requirements and/or conditions consistent with applicable policies and standards upon the review of grading, building and other necessary permits and approvals for the project The development of the premises shall substantially conform to the approved building elevations, floor plans, landscape plans, hardscape plans, and plotting plan/elevation enhancement plans contained on file with the Planning Department 9, The construction plans shall indicate the following: a, Prairie: Fine to light sand finish stucco, b. Italianate: 24-inch eaves; stucco soffits; and fine to light sand stucco finish, c, Monterey: Barrel tile roof; brick veneer painted to match stucco, d. All models with third story: Wrap around architectural treatment on all sides to the satisfaction of the Planning Director. 8, 10. The colors and materials (including lighting) for this project shall substantially conform to the approved colors and materials contained on file with the Planning Department. Any deviation from the approved colors and materials shall require approval of the Planning Director. 11, The Development Code requires double garages to maintain a minimum clear interior dimension of 20' x 20', This shall be clearly indicated on the plans prior to the issuance of building permits for the project Interior dimensions are measured from the inside of garage wall to the opposite wall, steps, landing, equipment pedestals, bollards or any similar type feature. When the top of the stem wall is more than 8" above the garage floor, the required dimension is measured from the inside edge of the stem wall. R\Product Review\2004\04-036S Ashville lI\Oraft Conditions of Approval.doc 13 . . . 12. Applicant shall obtain the proper permits before construction, including Encroachment Permit from the Public Works Department for any work done in the City right-of-way, and Building Permit from the Building and Safety Department 13, Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan, The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest 14. 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, 15, 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 "P', the colored architectural 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. Prior to Issuance of Grading Permits 16, A copy of the Grading Plan shall be submitted and approved by the Planning Department. . Prior to Issuance of Building Permit 17. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department These plans shall conform substantially with the approved Conceptual Landscape Plan. or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown, The plans shall be consistent with the Water Efficient Ordinance. The following items shall accompany the plans: 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 0Nater Efficient Ordinance). d. Total cost estimate of plantings and irrigation (in accordance with the approved plan). 18, All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening, Provide a 3' clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought Plan planting beds and design around utilities, Locate all light poles on plans and insure that there are no conflicts with trees, . R:\Product Review\2004\04-0365 Ashville II\Draft Conditions of Approval.doc 14 19, A landscape maintenance program shall be submitted for approval with the landscape construction plans, 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 carryout the detailed program. 20, The applicant shall comply with standards, conditions and requirements set forth in the Harveston Specific Plan, Mitigation Monitoring Program, Conditions of Approval of PA04-0359 (TIM 32104) and the Development Agreement for the Harveston Specific Plan, 21. Any optional exterior treatments such as garage doors, front doors, entry gates etc" shall be shown on the construction plans and be subject to Planning Department review and approval. 22. The applicant shall submit a mailbox plot plan clearly indicating the location of each mailbox structure throughout the project site subject to Postmaster and Planning Director review and approval. 23, Prior to construction of the model home complex, the applicant shall apply for a Model Home complex permit 24. Precise Grading Plans consistent with the approved rough grading plans, plotting plan, and structural setback measurements shall be submitted and approved by the Public Works and Planning Departments. The developer shall demonstrate to the Planning Director that all homes will have double paned windows with at least a 25 STC rating installed to reduce noise from occasional aircraft over flights, 26. 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 recommended construction techniques, improvements and/or walls recommended in the acoustical report shall be incorporated into the construction of the structures and subdivision. 25, Prior to Issuance of Occupancy Permits 27. All required landscape planting, irrigation and perimeter fencing/walls 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. 28. 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 plans 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 City shall release the bond upon request R:\Product Review\2004\04-0365 Ashville II\Draft Conditions of Approva1.doc 15 . . . . . . 29, If deemed necessary by the Planning Director, the applicant shall provide additional landscaping to effectively screen various components of the project. 30. Front yard and slope landscaping, hardscaping, fences and walls within individual lots shall be completed for inspection prior to issuance of each occupancy permit (excluding model home complex structures). By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name R\Product Review\2004\04-0365 Ashville II\Draft Conditions of Approval.doc 16 ITEM #7 . . . Date of Meeting: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION January 19, 2005 Title: Associate Planner Prepared by: Cheryl Kitzerow File Number PA04-0358 Application Type: Tentative Tract Map Project Description: Recommendation: (Check One) CEQA: (Check One) Tentative Tract Map No. 32319 to subdivide 3.92 acres into 6 single-family residential lots with a minimum lot size of 20,000 square feet, located in Planning Area 16 of the Wolf Creek Specific Plan, south of Wolf Valley Road and east of Pechanga Parkway, west of the Redhawk Development. (APN: 962-010-001). IZI Approve with Conditions o Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial o Categorically Exempt (Class) (Class) 15162 IZI Notice of Determination o Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR R,\T M\2004\04.0358 WolfC<eek PA16\PC STAFFREPORTdoc PROJECT DATA SUMMARY . Applicant: Standard Pacific Homes Completion Date: May 19, 2004 Mandatory Action Deadline Date: January 19. 2005 General Plan Designation: Low Density Residential (L) Zoning Designation: Wolf Creek Specific Plan No, 12 - Planning Area 16 Site/Surrounding Land Use: Existing rural residential uses to be demolished, Ornamental and eucalyptus trees to be removed. Site: North: South: East: West: Existing single family homes - Redhawk Existing single family homes - Redhawk Existing single family homes - Redhawk Vacant - Wolf Creek Planning Area 15 and 17 Lot Area: 3,92 acres Density: 1,53 du/ac proposed (2,0 du/ac max allowed) . BACKGROUND SUMMARY [gJ 1, Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. Planning Application No. PA04-0358 is a Tentative Tract Map (No, 32319) to subdivide 3,92 acres into 6 single family residential lots ranging in size from 20,345 square feet to 30,748 square feet The project site is identified as Planning Area 16 of the Wolf Creek Specific Plan, located approximately 3000 feet southeast of the intersection of Wolf Valley Road and Pechanga Parkway at the easternmost boundary of the Specific Plan area. On January 23, 2001 the City Council certified the Final Environmental Impact Report and approved PA98-0482 (Environmental Impact Report), PA98-0484 (General Plan Amendment), PA98-0481 (Wolf Creek Specific Plan No. 12), PAOO-0452 (Tentative Tract Map No. 29305) and PAOO-0029 (Development Agreement), Planning Application No, PA04-0358 for Tentative Tract Map No. 32319 was submitted on May 19, 2004. A DRC meeting was held on July 1, 2004 to discuss access and site design with the applicant The project was resubmitted on November 17,2004 for staff review and for Planning Commission consideration. ANALYSIS Access to the tract is proposed via the extension of Street "H" of Tract 30264-7 in Planning Area . 17 of the Wolf Creek Specific Plan, This extension is proposed as a cul-de-sac (public street) to R:\T M\2004\04-0358 Wolf Creek PA16\PC STAFFREPORT.doc 2 . . . provide access to the 6 lots, The proposed access and circulation is consistent with the requirements of the Subdivision Ordinance and the Specific Plan, The Tentative Map will create 6 new residential lots that meet the Specific Plan requirement for minimum lot sizes of 20,000 square feet. Due to the natural sloped topography of the site, significant slope area is included in the calculated lot sizes, Staff requested the applicant indicate net pad area to determine whether the proposed lot layout and grading plan will allow for adequate useable yard areas. The design proposes a minimum net pad area of 13,608 square feet. Staff feels this provides adequate area for a residence and useable yard area. Also due to the topography of the project site and the proposed grading design, downward trending slopes are proposed along the westem edge of Lots 1 and 6, As proposed, these slope areas will be incorporated into the adjacent lots 23-27 and 41 of Tract 30264-7 through the Final Map review and recordation process, The City Attomey's office has determined that this modification substantially conforms to the approved tract design and does not create any substandard lots. The Public Works Department has analyzed the projected traffic impact of the project and has determined that the impacts are consistent with the traffic volumes projected for the site by the previously approved City General Plan EIR. The Fire Department also reviewed the plan and determined that there is proper access and circulation to provide emergency services to the site, ENVIRONMENTAL DETERMINATION ~ 1, An Environmental Impact Report and Mitigation Monitoring Plan were approved for the Wolf Creek Specific Plan No. 12. 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. As part of this application staff requested additional biological analysis regarding the presence of raptor nests on the project site, In a letter dated December 20, 2004, Thomas Leslie Corporation indicated no bird nests occur on-site, Therefore, in accordance with the Califomia Environmental Quality Act, the proposed Project has been deemed to be exempt from further environmental review, (CEQA Section 15162 subsequent EIR's and Negative Declarations). CONCLUSION/RECOMMENDATION Staff has determined that this project is consistent with the General Plan, Wolf Creek Specific Plan, Development Code and Subdivision Ordinance and recommends approval based on the following findings and subject to the attached Conditions of Approval. FINDINGS Tentative Tract Map Code Section 16.09,1400 1, The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, the Subdivision Ordinance and the City of Temecula Municipal Code. Tentative Tract Map No. 32319 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code because the project has been designed in a manner that it is consistent with the General Plan, Subdivision Ordinance, Development Code, Wolf Creek Specific Plan, and the Municipal Code. R:\T M\2004\04.0358 Wolf Creek PA16\PC STAFF REPORTdoc 3 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, The proposed property has not been used as agricultural land for approximately 15 years. A Williamson Act contract applicable to the subject property expired in 1989; therefore the subject project will not result in the cancellation of a Williamson Contract. 3. The site is physically suitable for the type and proposed density of development proposed by the tentative map, . 2, The project consists of a 6-lot Tentative Tract Map on property designated for low density residential uses, which is consistent with the General Plan, as well as, the development standards for Planning Area 16 of the Wolf Creek Specific Plan. 4. The design of the subdivision and the proposed improvements, with conditions of approval, will not be likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat An Environmental Impact Report and Mitigation Monitoring Plan were approved for the Wolf Creek Specific Plan No, 12, which addressed environmental impacts on the site. Mitigation measures (described in the Mitigation Monitoring Program), and the Conditions of Approval for the Specific Plan have been incorporated as conditions for this application, as appropriate. 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. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 5. . The project has been reviewed and commented on by the Fire Prevention 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, 6. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible, The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the construction of single- family residences the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. All required rights-of-way and easements have been provided on the Tentative Map. The Public Works Department and Community Services District have reviewed the proposed division of land and adequate conditions and/or modifications have been made to the . Tentative Tract Map, R:\T M\2004\04-0358 Wolf Creek PA 16\PC STAFF REPORT.doc 4 . . . 8. The subdivision is consistent with the City's parkland dedication requirements (Quimby). Per the Development Agreement approved with the Wolf Creek Specific Plan, Quimby fees will not be required. Appropriate parkland dedication and in-lieu fees have been provided, ATTACHMENTS 1, Plan Reduction - Blue Page 6 2, PC Resolution No, 2005-_ - Blue Page 7 Exhibit A - Conditions of Approval 3, Thomas Leslie Corporation letter regarding raptor nests, dated December 20, 2004 R:\T M\2004\04-0358 Wolf Creek P A 16\PC STAFF REPORT.doc 5 ATTACHMENT NO.1 PLAN REDUCTION R:\T Ml2004\04-0358 Wolf Creek PAI6\PC STAFF REPORT.doc 6 <{ z '" o LL :::; <{ c;J J I jl II 11 I r !II ~!; . I!I 1 ,ll Ij Ul iI~ I I}' 1~~JIi!i!h iI!lii: I J : :1p "l'HI ! I H'" II i ~~ & :~V : ! l'iHIl i .I,! !,'l "",!! ' P! II"!!'! ;" ,II "ll ! ! · I, :1!l!:Ui II "I I'id I I'd Iii ,'I..j, 111111111111 ~!lIU 1: ~ ~~ I h! : ... .. il !I il !' 'I I" I, n '1 ~!< b! 0) LL o ~"'" " nC") ~ 0 'i'N ~ i':l ~M Ul oi <( t..J' w 0..1- Cl ~~ m '" Vi'i~ i3 w *' a:::: 8 > m"'" W. i1. 0 ::l: = ~ 2: Pi;. Z :) ciO:: iS~ Z Z La.. ~ IliU zl-ooii~~" o W>-~'.~, ~Wg!z~~~.!'~ c;J>W=> ~- :::; ::l:O~.~ z o.._<{c;J~~>'<{ 0..1- ._~~::l: <{ <o~~eW C!><t ~igilOJi!~ Zl- c;J LL Z W zz::l: ~ ~w ~ ::J I- ~ ~ '-1i ~_u~i'! '. ' 's- I, ~! I' .1 , ! i!~ ~i i!llli "j- _I!l! , ;~l?2 ~ f'~a ;I . !:II i~ 1111' II , l,"g" II' Ii 1:1 II ii!'! ii ~ !I~I !l !liii !: ~_u ,/~"l ~~~; j"! j <_u , ;:~ ..- ~ o W i!: ~ . :j- , . , , I, '! i II !~l . i! ,: '" b , ~ ;!!"~i II! ""Il, ". I, i ! i~ ih I ., ,7. '" !;l!"~1 m,!!, ~ z " o ~' o , ' i ; Ii __ I :. fL .......... .17:3 ' r ,1,11:, i~, iH~I; , I' , Ii, 1.1-'-, ~ a ~ ..Q" Ii . "'; ; r..:i r. \" ~ ;;; / .1i .:B N ~ ~:;:~,,~ i 9 .. , - 9 - ~fi. .... ~ , .. ' / ~ 1 , ~ m!;~~l I Iii i I ~h~ I Q. < ~l ~, ~i u 5 !, (, , i !~ ATTACHMENT NO.2 PC RESOLUTION NO. 2005-_ R,\T M\2004\04.0358 Wolf Creek PA 161PC STAFF REPORT-doc 7 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0358, TENTATIVE TRACT MAP NO. 32319 SUBDIVIDING 3.92 ACRES INTO 6 SINGLE FAMILY LOTS IN PLANNING AREA 16 OF THE WOLF CREEK SPECIFIC PLAN, GENERALLY LOCATED SOUTHEAST OF WOLF VALLEY ROAD AND PECHANGA PARKWAY, KNOWN AS ASSESSOR'S PARCEL NO. 962-010-001. WHEREAS, the City Council of the City of Temecula adopted the Wolf Creek Specific Plan on February 13, 2001; WHEREAS, Standard Pacific Homes, filed Planning Application No, PA04-0358 (Tentative Tract Map No, 32319), 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 January 19, 2005, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No, PA04- 0358 subject to the conditions after finding that the project conformed to the City of Temecula General Plan and Subdivision Ordinance; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: That the above recitations are true and correct and are hereby incorporated Section 1. by reference. Section 2. Findinas. The Planning Commission, in approving Planning Application No, PA04-0358 (TIM 32319) 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, the Subdivision Ordinance and the City of Temecula Municipal Code, Tentative Tract Map No. 32319 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code because the project has been designed in a manner that it is consistent with the General Plan, Subdivision Ordinance, Development Code and the Municipal Code, R:\T M\2004\04.0358 Wolf Creek PA 16\Draft Reso and COAs,doc 1 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. The proposed property has not been used as agricultural land for approximately 15 years, A Williamson Act contract applicable to the subject property expired in 1989; therefore the subject project will not result in the cancellation of a Williamson Contract. C, The site is physically suitable for the type and proposed density of development proposed by the tentative map. The project consists of a 6-lot Tentative Tract Map on property designated for low density residential uses, which is consistent with the General Plan, as well as, the development standards for Planning Area 16 of the Wolf Creek Specific Plan. 0, The design of the subdivision and the proposed improvements, with conditions of approval, will not be likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat An Environmental Impact Report and Mitigation Monitoring Plan were approved for the Wolf Creek Specific Plan No, 12, which addressed environmental impacts on the site. Mitigation measures (described in the Mitigation Monitoring Program), and the Conditions of Approval for the Specific Plan have been incorporated as conditions for this application, as appropriate, 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. E, The design of the subdivision and the type of improvements are not likely to cause . serious public health problems. The project has been reviewed and commented on by the Fire Prevention 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. F, The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the construction of single- family residences the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. 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, All required rights-of-way and easements have been provided on the Tentative Map. The Public Works Department and Community Services District have reviewed the proposed division of land and adequate conditions and/or modifications have been made to the . Tentative Tract Map, R:\T M\2004\04-0358 Wolf Creek PA 16\Draft Rasa and COAs.doc 2 . . . H, (Quimby), The subdivision is consistent with the City's parkland dedication requirements Per the Development Agreement approved with the Wolf Creek Specific Plan, Quimby fees will not be required. Appropriate parkland dedication and in-lieu fees have been provided. Section 3. Environmental Compliance. An Environmental Impact Report and Mitigation Monitoring Plan were approved for the Wolf Creek Specific Plan No. 12, which addressed 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 approves Planning Application No. PA04-0358, a Tentative Map for 6 lots located within Planning Area 16 of the Wolf Creek Specific Plan, ranging from 20,345 square feet to 30,748 square feet, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary, Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 19'h day of January 2005, John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2005- 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 January, 2005, by the following vote of the Commission: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\T Ml2004\04-0358 Wo'f Creek PA 1 6\Draft Reso and COAs,doc 3 EXHIBIT A DRAFT CONDITIONS OF APPROVAL R:Il MI2OO4\04-0358 Wolf Creek PA 16\Draft Reso and COAs.doc 4 . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04.0358 Project Description: Tentative Tract Map No. 32319 subdividing 3.92 acres into 6 lots in Planning Area 16 of the Wolf Creek Specific Plan, generally located southeast of Wolf Valley Road and Pechanga Parkway. Assessor's Parcel No,: 962-010-001 DIF Category: Per Development Agreement MSHCP Category: Not applicable per Development Agreement Approval Date: January 19, 2005 Expiration Date: January 19, 2010 (per Development Agreement) PLANNING DIVISION . Within Forty-Eight (48) Hours of the Approval of this Project 1, The applicanUdeveloper 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 Resources Code Section 21108(b) and California Code of Regulations Section 15062, If within said forty-eight (48) hour period the applicanUdeveloper has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711 A( c)). General Requirements 2, The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below, A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. 3, The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack. set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof. advisory agency, apreal 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 . R\T M\2004\04.0358 Wolf Creek PA16\Draft Reso and COAs,doc 5 counsel, and agents, City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate . fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4, If Subdivision phasing is proposed. a phasinq plan shall be submitted to and approved by the Planning Director. 5, This project and all subsequent projects within this site shall be consistent with Specific Plan No. 12 (Wolf Creek Specific Plan). 6, The project and all subsequent projects within this site shall be subject to Development Agreement Ordinance No, 01-02 (PAOO-0029). 7, The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR Resolution No, 01-11 (PA98-0482), 8, The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program attached, 9, If, during construction, cultural resources are encountered, work shall be halted or diverted in the immediate area while a qualified archaeologist evaluates the finds and makes recommendations. In addition, the developer will coordinate with the Pechanga Band of Luiseno Mission Indians to allow a representative of the Pechanga Band to monitor and participate in archaeological investigations if and when resources are encountered, including participation in discussions regarding the disposition of cultural items and artifacts, This should be added as a note on the Grading Plans. . Prior to Issuance of Grading Permits 10, A copy of the Rough Grading plans shall be submitted and approved by the Planning Department 11. 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. 12. A qualified paleontologist/archaeologist shall be chosen by the developer for consultation and comment on the proposed grading with respect to potential paleontological! archaeological impacts, A meeting between the paleontologist/ archaeologist, Planning Department 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 and other significant finds. a. A Native American observer shall be present onsite during grading activities to monitor ground disturbing or earth moving work and identify any cultural resources unearthed, Prior to Recordation of the Final Map 13, The following shall be submitted to and approved by the Planning Department: . R:\T M\2004\04-0358 Wolf Creek PA16\Draft Reso and COAs.doc 6 . . a, 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, ii. The Wolf Creek Environmental Impact Report (EIR) (PA98-0482) was prepared for this project and is on file at the City of Temecula Planning Department 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 sufficientto 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, 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. b. c. Prior to Issuance of Building Permits 14. . The following shall be submitted to and approved by the Planning Department: a, Three (3) copies of Construction Landscaping and Irrigation Plans. The location, number, genus, species, and container size of the plants shall be shown, The plans shall be consistent with the Water Efficient Landscaping 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: i. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal), ii. One (1) copy of the approved grading plan, iii. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), R:\T M\2004\04-0358 Wo'f Creek PA 1 6\Draft Reso and COAs.doc 7 b, iv, Total cost estimate of plantings and irrigation (in accordance with the approved plan), v. The locations of all existing trees that will be saved consistent with the tentative map. vi. Automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property for: a) Front yards and slopes within individual lots prior to issuance of building permits for any lot(s), b) Private common areas prior to issuance of the first building permit c) All landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping which shall include, but may not be limited to private slopes and common areas, d) Shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to sixty-six (66) feet or larger, Wall and Fence Plans consistent with the Conceptual Landscape Plans showing the height, location and the following materials for all walls and fences: i. Decorative block for the perimeter of the project adjacent to a public right-of- way equal to sixty-six (66) feet or larger and the side yards for corner lots. ii. Wrought iron or decorative block and wrought iron combination to take advantage of views for side and rear yards, iii. Wood fencing shall be used for all side and rear yard fencing when not restricted by i. and ii. above. Precise Grading Plans consistent with the approved rough grading plans including all structural setback measurements. c. Prior to Issuance of Occupancy Permits 15, If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project 16, All required landscape planting and irrigation shall be 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. 17. Front yard and slope landscaping within individual lots shall be completed for inspection, 18, Private common area landscaping shall be completed for inspection prior to issuance of the first occupancy permit 19, Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings within private common areas for a period of one year, 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, R:\T M\2004\04-0358 WoK Creek PA16\Draft Reso and COAs,doc 8 . . . . . . 20, All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit FIRE DEPARMENT 21. Any previous existing conditions for this project or any underlying map will remain in full force and effect unless superceded by more stringent requirements here, 22, 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. 23, The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix liLA, 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 III-A) 24. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix 11I.8, 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 III-B) 25, The Fire Prevention Bureau is required to set a minimum fire flow for commercial 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 4000 GPM at 2o-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 III-A) 26, The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-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 III-B) 27, 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) 28, 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. R:\T M\2004\04-0358 wow Creek PA16\Draft Reso and COAs,doc 9 Cul-de-sacs andlor 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 Ib, load requirements and are at road level. 30, 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, 29, 31, Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed, Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs, GVW, (CFC 8704.2 and 902,2.2,2) 32, Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80.000 Ibs, GVW with a minimum AC thickness of ,25 feel. (CFC sec 902) 33, 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 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) 35. 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) 34. 36, 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 37. 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) 38, 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 ArclnfolArcView 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, 39, Any existing fire lanes, fire department access roads or gates, or any other apparatus. appliance or surface used to provide emergency fire department access SHALL BE LEFT UNALTERED in perpetuity. R:\T M\2004\04-0358 Wolf Creek PA16\Prafl Reso and COAs,doc 10 . . . . . . COMMUNITY SERVICES General Conditions 40, 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, Prior to Issuance of Building Permit 41. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris, 42, Prior to issuance of building permits or installation of additional street lights whichever occurs first, the developer shall complete the TCSD application process, submit an approved Edison Streetlight Plan and pay the appropriate energy fees related to the transfer of street lights into the TCSD maintenance program. DEPARTMENT OF PUBLIC WORKS The Department of Public Works recommends the following Conditions of Approval for this project Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency, General Requirements 43, 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. 44, 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, 45, 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, 46, 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. 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;. 47. 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 City of Temecula Fire Prevention Bureau Planning Department c, d. R:\T M\2004\04-0358 Wolf Creek PA16\Drafl Reso and COAs,doc 11 e. Department of Public Works Community Services District . f, 48. The Developer shall design and guarantee construction of the following public improvements to City of Temecula General Plan standards unless otherwise noted, Plans shall be reviewed and approved by the Department of Public Works: a. Improve boulder Way (Local Road Standards - 60' RNlJ) to include dedication offull- 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), 49, Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a, Street centerline grades shall be 0,5% minimum over P.C.C. and 1,00% minimum over A.C, paving. b, Driveways shall conform to the applicable City Standard No, 207, c, Street lights shall be installed along the public streets shall be designed in accordance with City Standard No, 800. d. Concrete sidewalks shall be constructed in accordance with City Standard No, 400, e, Minimum centerline radii shall be in accordance with City Standard No, 113. f. All reverse curves shall include a 100-foot minimum tangent section, g, All street and driveway centerline intersections shall be at 90 degrees, h, All cul-de-sacs shall be constructed in accordance in City Standard No, 600, i. All concentrated drainage directed towards the public street shall be conveyed through curb outlets per City Standard No, 301, j. 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. k. All utilities. except electrical lines rated 34kv or greater, shall be installed underground. . 50, 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, 51, Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section, Prior to City Council approval of the Final Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency, 52, Any delinquent property taxes shall be paid, . R:\T MI2004104-0358 wow Creek PA16\Drafl Reso and COAs,doc 12 . . . 53. 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. 54. 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, 55, 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. 56, 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, andlor security systems shall be pre-wired in the residence, 57, 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, 58, Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map, 59, 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 60, As deemed necessary by the Department of Public Works. the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b, Planning Department c, Department of Public Works d, Community Services District 61. 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:\T M\2004\04-0358 Wolf Creek PA16\Draft Reso and COAs,doc 13 62, 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. 63, 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, 64, 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, 65, NPDES - The project proponent shall implement construction-phase and post-construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs, Construction-phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance. the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with storm water and treat all unfiltered runoff year-round prior to entering a storm drain, Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of. the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs, 66. 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, 67, 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, 68. 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 69, Final Map shall be approved and recorded, R:\T M\2004\ll4-0358 Wolf Creek PA16\Drafl Resa and COAs,dac 14 . . . . . . 70, 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, 71, Grading ofthe 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. 72, 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, 73, 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 74. 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 All necessary certifications and clearances from engineers. utility companies and public agencies shall be submitted as required by the Department of Public Works, 75, 76, All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works, 77, The existing improvements shall be reviewed, Any appurtenance damaged or broken due to the construction operations ofthis project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works, OTHER AGENCIES 78, The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated June 7,2004, a ,copy ofwhic;:h 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 Department approval. Applicant's Signature Date Applicant's Printed Name R:\T M\2004I04-0358 Wolf Creek PA 16\Draft Reso and COAs.doc 15 o COV1-.lTY OF RIVERSIDE. HEAD. _ 3ERVICES AGENCY 0 DEPARTMENT OF ENVIRONMENTAL HEALTH . June 7, 2004 ~ ~ IrJ fC " ; , , ,'"] ~. [!; lL'J Ii, L! U, i.,~;! 'i,! \I \,' JUN 1 Ii 'M~ i"'/ ,-Jv~ i :1 LJ City of Temecula Planning Department P,O, Box 9033 Temecula, CA 92589-9033 By , ATIN: Stuart Fisk RE: TENTATIVE TRACT MAP NO. 32319 (6 LOTS) Dear Mr. Fisk: 1. The Department of Environmental Health has reviewed Tentative Tract Map 32319 and recommends: a A water system shall be installed in accordance with plans and specifications as approved by the water company and the Environmental Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate; with a minimum scale not less than one inch equals 200 feet, along with the . original drawing to the County Surveyor's Office. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div, 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No, 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "1 certify that the design of the water system in Tentative Tract Map 32319 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such "Tentative Tract Map". This certification does not constitute a guarantee that it will supply water to such i Tentative Tract Map at any specific quantities, flows or pressures for fire protection or any other purpose. A responsible official of the water company shall sign this certification. The plans must be submitted to the Countv Survevor's Office to review at least two weeks PRIOR to the request for the recordation of the final map. 2, This Department has no written statement from Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the sub divider. It will be necessary for financial arrangements to be made PRIOR to the recordation of the final map, . Local Enforcement Agency. PO. Box 1280, Riverside, CA 92502-1280 . (909} 955-8982 . FAX (909) 781-9653 . 4080 Lemon Street. 9th Floor, Riverside, CA 92501 land Use and Water Engineering. PO. Box 1206, Riverside, CA 92502-1206 . (909) 955-8980 . FAX (909) 955-8903 . 4080 Lemon Street, 2nd Floor. Riverside, CA 92501 Page Two Attn: Stuart Fisk . June 7,2004 3, This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed in accordance with plans and specifications as approved by the District, the County Surveyor's Office and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor's Office, The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new system to the existing system, A single plat indicating location of sewer lines and waterlines shall be a portion of the sewage plans and profiles, The plans shall be singed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tentative Tract Map 32319 is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tentative Tract Map", The plans must be submitted to the County Surveyor's Office to review at least two weeks PRIOR to the request for the recordation of the final map. 2, This Department has no written statement from Eastern Municipal Water District agreeing to serve sewer service to each and every lot in the subdivision, It will be necessary for financial arrangements to be made PRIOR to the recordation of the final map, . Sincerely, Sam Martinez, Supervismg nvironmental Health Specialist (909) 955-8980 . rA \....,.. Wolf Creek Mitigation Monitoring Program (~ i_ , "'_~7 -. I . ; - ENVIRONMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FOR WOLF CREEK SPECIFIC PLAN January 23, 2001 H:IPubliclDatalProjectslBarry's Jobs\427-008 WolfCreeklMMP from CBA revised (Mark's version}doc I . . - j Environmental Mitigation Measures Monitoring and Reporting Program for Wolf Creek Specific Plan Section 1: Authority This Environmental Mitigation Monitoring and Reporting Program has been prepared pursuant to Section 21081,6 of the Califomia Environmental Quality Act. or CEQA (Public Resources Code Section 21000 et seq.), to provide for the monitoring of mitigation measures required of the Wolf Creek Specific Plan. as set forth in the Final Environmental Impact Report (Final EIR) prepared for the project (State Clearinghouse No, 88030705), This report will be kept on file in the offices of the City of Temecula Planning Department, 43200 Business Park Drive. Temecula. CA 92590, Section 2: Monitoring Schedule " \ Once construction has begun and is underway at the site. monitoring of the mitigation measures associated with construction will be included in the responsibilities of designated City staff. who shall prepare or cause to be prepared reports of such monitoring no less than once a month until construction has been completed. Once construction has been completed, City staff shall prepare or cause to be prepared monitoring reports no less than once per year. Section 3: Changes to Mitigation Measures Any substantive change in the monitoring and reporting plan made by City staff shall be reported in writing to the City Council. Reference to such changes shall be made in the monthlylyearly Environmental Mitigation Measures Monitoring Report prepared by City staff. Modifications to the mitigation measures may be made by City staff subject to one of the following findings. documented by evidence included in the record: a. The mitigation measure included in the Final EIFl. and the Mitigation Monitoring and Reporting Program is no longer required because the significant environmental impact identified in the Final EIR has been found not to exist. or to occur at a level which makes the impact less than significant as a result of changes in the project, changes in conditions of the environment, or other factors. OR The modified or substitute mitigation measures are feasible, and their implementation can be assured by the City Council through measures included in the Mitigation Monitoring and Reporting Program or other City procedures, Wolf Creek Specific Plan 2 Mitigation Monitoring and Reporting Program Section 4: Support Documentation Findings and related documentation supporting the findings involving modifications to mitigation measures shall be maintained in the project file with the Mitigation Monitoring and Reporting Program and shall be made available to the public on requesl Section 5: Format of Mitigation Monitoring Matrix The following mitigation monitoring matrix is formatted to parallel the format of the Executive Summary table contained in the Final EIR The matrix indicates the environmental issue areas for which monitoring is required. the required mitigation measures, the time frame for monitoring, and responsible monitoring agencies, Wolf Creek Specific Plan 3 Mitigation Monitoring and Reporting Program . , ) .1 -, -. ) >< ';: ..... 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U> ~ cn~ >.- .- C 0 ~ 5.~~~i1 c 'a.S ~ Q. 0) :;:.QE-8JeE "5.20 CD en E : t/J..c -_ i- ~ e ~,g ~o ~E :J oJe ~~~~ g -=~;:m~.s:: . tD=o.o.,g-_-c ll:: ~E:X:_Q;"'CD Cii 0'- ..!!! ~o:-g u CDC=C"OgQ) ';;. 0'<0 u$CD,- E ...., Q..g Sou co E .!2 '-00.0)0)0 o O)afhO)oio iii t=.'0 e -5 Q.~ e c Ol € Cll '" a. -" CD o p ~ g> .2 'c :0 c :> Cll Cl. a:: I_} - o 8 c Cll :> '" fh;t:: !!lE CD CD ,sa. 0D> -c ~.- 0"0 .C e 0.0> U. 0> C 1:: o a. CD 0: "0 I: '" 0> C ." .9 '" o ::;: c o :a; 0> '" ~ '0 ~ o Cll ~ Ol a. o o c;; o 10 ... - o CD CD 11. C o ~ 0> '" ~ CD = >- '" a. lii .I: '" ~ CD a. . 0'" -CD .,~ >Cll CD "0 "0 CD CD€ f=.E. '" N:C ej I: '" a:: o '" '0 CD a. (J) 'i I:; ATTACHMENT NO.3 THOMAS LESLIE CORPORATION LETTER REGARDING RAPTOR NEST DATED DECEMBER 20, 2004 R:\T M\2004\04-0358 Wolf Creek PAI6IPC STAFFREPORT,doc 8 . , . --~... .... Thomas Les[ie Corporation I'~ IS, ,0-,.'., r '~. il n'7 R I~ iUJi' ':c, <: Ii L~i LI; Iii Uu DEe 2 7 2004 ~ By ..._'._.__ d Biological & Cultural Investigations & Monitoring Ms, Cheryl Kitzerow, Associate Planner City of Temecula Planning Department 43260 Business Park Drive Temecula, California 92590 December 20, 2004 Subject: No Raptor Nest on the Wolf Creek Specific Plan Dear Ms. Kitzerow: At their request, on December 17, 2004, I accompanied Mr. Adam Smith and Mr. Robert Ferrara of Standard Pacific Homes to inspect trees in the two areas listed below. The tree inspections were performed to ascertain the presence or absence of raptor nests. 1. Several pine and other non-native landscape trees situated around a former rural residential homesite southeast of the intersection of Wolf Valley Road and Caminito Olite (see page 979 of the Thomas Guide). 2. A single Eucalyptus tree situated southwesterly of Corte Subrinas and Via La Colorada (see page 979 of the Thomas Guide), A. PREVIOUS EXPERIENCE WITH THE WOLF CREEK SPECIFIC PLAN: I am very familiar with this property since on May 20, 2003, I conducted a biological constraints analysis (BCA) study over the specific plan. During 2003 .BCA I observed " " , , .' , "The only trees observed onsite are the three Eucalyptus trees (two Red Gum, Eucalyptus rostrata and one Desert Gum. E, rudis) growing along the southeast property line in the same area described in the EIR. No bird nests were observed in any of the Eucalyptus trees" (TLC, 2003), Similarly, during my review of the August 2000 Cotton/Beland/Associates, Inc, (CBA) Final Environmental Impact Report. Wolf Creek Specific Plan, I noted that the biological section of the ElR stated that "while no nesting sites were observed during (2000) field surveys, local residents have observed raptors perching in the trees in recent years." B. RESULTS OF THE 12/17/04 SEARCH FOR RAPTOR NESTS . No raptor nests were observed in any of the trees I inspected with Mr. Smith and Mr. Ferrara, This finding confirms the continued absence of raptor nests since at least 2000 within the boundaries of the Wolf Creek Specific Plan. Please call me if you have any questions regarding this letter or require additional information. RespectfullySublllitted, , . ,', TH9t'1AS~COZRA::N c-J.. . . Thomas A. Leslie, President/BS-MS Biology T i\Unv IIISPH-122004-Raptor Nest Study REFERENCES . Colton/Beland/Associates, Inc. (CBA), August 2000, Final Environmental Impact Report, Wolf Creek Specific Plan, Thomas Leslie Corporation, May 20, 2003, Results of a Biological Constraints Analysis of the Wolf Creek Property, P.O. Rox 227.<) Tf':mf':r.lIln. rA Q?:'l<H_?:?:?:Q OffiC':p. (QOQ) ?QI\_I\?1? F~y (ono\ ?0',-,:-';:?11 ITEM #8 . . . STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: January 19, 2005 Prepared by: Matthew C. Harris Title: Associate Planner File Number: Application Type: Tentative Tract Map PA04.0350 Project Description: A Tentative Tract Map (32436) to subdivide 10,8 acres into 76 single family residential lots and ten open space lots. The subject property is located north of Date Street and east of Ynez Road within the Harveston Specific Plan area. Recommendation: (Check One) !2:1 Approve with Conditions o Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial CEQA: (Check One) o Categorically Exempt (Class) !2:1 Notice of Determination Exempt From Further Review (Section) 15162 o Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR R:\T M\2004\04-0350 Harveston Phase 3\ST AFF REPORT doc PROJECT DATA SUMMARY Applicant: Lennar Communities . General Plan Designation: Medium Residential (M) Zoning Designation: Medium Density 2 Site/Surrounding Land Use: Site: Vacant North: South: East: West: Residential Park/Residential Future Residential Future Commercial Lot Area: 10.2 Acres, (Net) Total Floor Area/Ratio N/A Landscape Area/Coverage N/A Parking Required/Provided N/A BACKGROUND SUMMARY . ~ 1, Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval, The Tentative Tract Map proposes to subdivide Planning Area 11 of the Harveston Specifc Plan. The project is generally located at the northern end of the specific plan boundary and abuts the City of Murrieta to the north. The project site lies east of Ynez Road and north of Date Street. Two points of access will be provided via Ynez Road on the west and North End Road on the east which is located in the City of Murrieta thru Tract 32437 which was recently approved by the Planning Commission. The number of residential lots and corresponding lot sizes associated with Tentative Tract Map 32436 are identified below: AVERAGE LOT TRACT NUMBER OF MINIMUM LOT SIZE MAXIMUM LOT SIZE NUMBER LOTS PROPOSED SIZE PROPOSED PROPOSED 32436 76 3,634 Sa. Feet 7,642 SQ. Feet 4,741 Sa. Feet Street "AA" which provides connection between Ynez Road and the project site will have a 100- foot wide right-of-way with a seven-foot wide parkway and five-foot wide sidewalk. Ynez Road on the west side of the tract will ultimately have a 110-foot wide right-of-way with a Class II bike lane, seven-foot wide parkway and five-foot wide sidewalk. Street "BB" on the east side of the . tract will have a 60-foot wide right-of-way with continuous five-foot wide parkways and sidewalks, R:\T M\2004\04-0350 Harveston Phase 3\STAFF REPORT.doc 2 . . . tract will have a 60-foot wide right-of-way with continuous five.foot wide parkways and sidewalks. Streets "DO" and "JJ" within the tract will be private 46.foot wide rights.of-way with a five-foot wide sidewalk on each side of the street. Twenty-foot wide private access easements will be utilized to provide alley access between the private streets and residences. ANALYSIS Tract OesiQn Planning and Public Works staff have determined that the proposed number, location and type of street improvements within the tract are consistent with the City's Subdivision Ordinance and the "Medium 2 Residential" land use designation of the Harveston Specific Plan. The Specific Plan states that the intent of the Medium 2 Residential designation is to "provide residential homes on average 2,500 square-foot lots and will be targeted for small-lot single.family detached and small lot single family attached town homes" (SP pg. 3-5), Moreover, staff has determined that all lots within the tract are consistent with applicable minimum and average lot size, width and depth requirements. Staff believes the design and layout of the tract is both logical and efficient. The lots are configured so as to accommodate the various designs associated with each of the home products allowed in the planning area, Each of the home products will be brought to the Planning Commission for consideration and approval at a future date. Harveston Specific Plan Figure 11.11 requires that a project interface landscape buffer be established between the proposed development and the existing residences within the City of Murrieta directly adjacent and to the north, A recommended condition of approval has been provided (No, 10.c.iv.) which requires that the interface buffer be addressed in the project CC&R's. Project Oensitv Section 3.0 of the Harveston Specific Plan identifies a density range of 7-13 dwelling units per acre and a dwelling unit target of 94 units within Planning Area 11, The applicant is requesting to develop 76 units onsite which is well below the dwelling unit target for the Planning Area. Therefore, the proposed project density is consistent with the density range allocated in the Specific Plan. No density transfers are being requested in association with the subdividing of the project site, ENVIRONMENTAL DETERMINATION [8J 1. The proposed project has been determined to be consistent with the previously approved Harveston Environmental Impact Report and is exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations). CONCLUSION/RECOMMENDATION Staff recommends adoption of a Resolution approving Tentative Tract Map No, 32436 with the following findings and attached conditions of approval. R:\T M\2004\04-0350 Harveston Phase 3\ST AFF REPORT doc 3 FINDINGS . Tentative Tract Map (Code Section 16,09.1400) 1. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, the Subdivision Ordinance and the City of Temecula Municipal Code; Tentative Tract Map No. 32436 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code because the project has been designed in a manner that it is consistent with the General Plan, Subdivision Ordinance, Development Code, HaNeston Specific Plan, and the Municipal Code. 2. The tentative map does not propose to divide land, which is subject to a contract entered into pursuant to the California land Conservation Act of 1965; 4, The proposed property has not been used as agricultural land. Therefore, the subject project will not result in the cancellation of a Williamson Contract. 3. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The project consists of a 76-lot single-family residential Tentative Tract Map on property with a zoning designation of Medium Density 2 residential uses, which is consistent with the General Plan, as well as, the development standards for Planning Area 11 of the HaNeston Specific Plan. The design of the subdivision and the proposed improvements, with conditions of approval, will not be likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. . An Environmental Impact Report and Mitigation Monitoring Plan were approved for the HaNeston Specific Plan No. 13, which addressed environmental impacts on the site. Mitigation measures (described in the Mitigation Monitoring Program), and the Conditions of Approval for the Specific Plan have been incorporated as conditions for this application, as appropriate. 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. 5. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and commented on by the Fire Prevention 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:\T M\2004\04.j)350 Harveston Phase 31ST AFF REPORT,doc 4 . . . 6. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible, The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the construction of single- family residences the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. All required rights-of-way and easements have been provided on the Tentative Map. The Public Works Department and Community Services District have reviewed the proposed division of land and adequate conditions and/or modifications have been made to the Tentative Tract Map. 8. The subdivision is consistent with the City's parkland dedication requirements (Quimby). Per the Development Agreement approved with the Harveston Specific Plan, Quimby fees will not be required. Appropriate parkland dedication and in-lieu fees have been provided. ATTACHMENTS 1. Plan Reduction - Blue Page 6 2. PC Resolution No. 2005-_ - Blue Page 7 R:\T M\2004\04.Q350 Harveston Phase 31ST AFF REPORT,doc 5 ATTACHMENT NO.1 PLAN REDUCTION RolT M\2004\04-0350 Harveston Phase 31STAFF REPORT-doc 6 . I i ;; ~ I j , [}={]~~W~~u(Q)~ TENTATIVETRACT NO, 32436 C~ ~f femeiCl!Jllal, CoI!Jfi1llty ~f lRlivemid~, Stal~<e ~f CaillW<OlMOal . 1tlI.'"..f .. __ #af '" '" '" .. - __&s~1 -. -,. .. .. ':II' ':;'" .. vtClNRV MAP T !lI. ~7 ... -6 lflG, -M I - . itlr:Gl*"'o' s1: ...- ~ ~&e ..r,rj, 1~~ J: i "IE" ~.i!r...JJ" """"! . - - :-. a - - ~ - - - .. - - -- ... - - .. - dQ,t,Lr ..0.'- lM'IJ_f.1IllCJ_~ ....~~ _J(M;II.....~.. .....OF-.-IONOrE ~~~. . ~ .M GENERAl. WFORMATtON t EPS= f3l'mc. JClJlt f ===-.."'"=.~__~a:-_Rl'II'klllMl/J .. _nu___,._ -.. -.u:rwu____ J/5lIIlCT. .- ..._~A"'''' ..._~._- ..._lOII 'h..(lt"~1!IHfR ~ JlT:o~~"m,'f-:i'tM~i ItInS 1l.Al.PftlSlIlU..~lQarrff~ ........ n. _.II._,,-.I'fJIa~ _..Ill"'....'!, -. """"1, act U._II~ Jl/i,lllllH ... JmJlIIH It:I9 JIKLf." -.. SPRJFJt 1Uot1llll A r~KlIll'fI[_____ 1EN1'A~mAerNO -..... _Ol'lOIaa ~.._- -'- -- "WRAGE LOr SIZE i_III'IIH AIOlOIfUt.(lIl$F J~1 " .-. .~ ..~ ~ 'I'NI;Z RC'W) '10' IN( ...tUkolo Lennar CommunJtle&: 1!1:r.J;tA'1~nt Dh...... lnliif'm~ - T ~ . -' " ~, ~, laiimDJ " .~. . ..' . -- ..' "'"1- SJJRT'~' '0l)'1lW PlANNING N'PI..IC:ATION No. ~~.-.- ~- .........--- ODN.Ut.:n,.. ~.'::~.:":'~:n'.:-_.... .JU......-... ._......, UII'.__ PlAN SHEET HARVESTON TENTATIVE mACT NO. 32436 CIty ofTemecuIa - 1 . 1 ATTACHMENT NO.2 PC RESOLUTION NO. 2005-_ R:\T M\2004\04-0350 Harveston Phase 3\STAFF REPORT.doc 7 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECUlA APPROVING PLANNING APPLICATION NO. PA04-Q350, TENTATIVE TRACT MAP NO. 32436 SUBDIVIDING PLANNING AREA 11 OF THE HARVESTON SPECIFIC PLAN INTO 76 SINGLE-FAMilY lOTS AND 10 OPEN SPACE lOTS FOR lENNAR COMMUNITIES ON 10.8 VACANT ACRES GENERAllY lOCATED EAST OF YNEZ ROAD AND NORTH OF DATE STREET, KNOWN AS PORTIONS OF ASSESSORS PARCEL NO. 910-100-007 & 008. WHEREAS, lennar Communities, filed Planning Application No. PA04-0350 (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 January 19, 2005, 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. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinas. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 16.09.140 of the T emecula Municipal Code: A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, the Subdivision Ordinance and the City of Temecula Municipal Code. Tentative Tract Map No. 32436 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code because the project has been designed in a manner that it is consistent with the General Plan, Subdivision Ordinance, Development Code, Harveston Specific Plan, and the Municipal Code. R:\T M\2004\04-Q350 Harveston Phase 3\Draft PC Reso and Conditions of Approvaldoc 1 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. The proposed property has not been used as agricultural land. Therefore, the subject project will not result in the cancellation of a Williamson Contract. C. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The project consists of a 76-lot single-family residential Tentative Tract Map on property with a zoning designation for Medium Density 2 residential uses, which is consistent with the General Plan, as well as, the development standards for Planning Area 11 of the Harveston Specific Plan, D. The design of the subdivision and the proposed improvements, with conditions of approval, will not be likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. An Environmental Impact Report and Mitigation Monitoring Plan were approved for the Harveston Specific Plan No, 13, which addressed environmental impacts on the site. Mitigation measures (described in the Mitigation Monitoring Program), and the Conditions of Approval for the Specific Plan have been incorporated as conditions for this application, as appropriate. 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. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, The project has been reviewed and commented on by the Fire Prevention 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. . F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the construction of single- family residences the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. 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. . R:\T M\2004\04-o350 HarvestoD Phase 3\Draft PC Reso and Conditions of Approval.doc 2 . . . All required rights-of-way and easements have been provided on the Tentative Map, The Public Works Department and Community Services District have reviewed the proposed division of land and adequate conditions and/or modifications have been made to the Tentative Tract Map. H. (Quimby). The subdivision is consistent with the City's parkland dedication requirements Per the Development Agreement approved with the Harveston Specific Plan, Quimby fees will not be required. Appropriate parkland dedication and in-lieu fees have been provided. Section 3. Environmental Compliance, An Environmental Impact Report and Mitigation Monitoring Plan were 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 Planning Area 11 of the Harveston Specific Plan into 76 residential lots 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 19th day of January 2005. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] R:\T M\2004\04.0350 Harveston Ph""e 3IDraft PC Reso and Conditioos of Approval,doc 3 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. 2005._ was duly and regularly adopted bX the Planning Commission of the City of Temecula at a regular meeting thereof held on the 19h day of January, 2005, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSENT: ABSTAIN: Debbie Ubnoske, Secretary R:\T M\2004\04-0350 HarvestoD Phase 3\Draft PC Reso and Conditions of ApprovaI.doc 4 . . . . . . EXHIBIT A DRAFT CONDITIONS OF APPROVAL R:\T M\2004\04-0350 Harveston Phase 3\Draft PC Reso and Conditions of Approva1.doc 5 . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0350 Project Description: A Tentative Tract Map to subdivide 10.8 acres into 76 single family residential lots and ten open space lots. DIF Category: Per Development Agreement MSHCP Category: Per Development Agreement TUMF Fee: Per Development Agreement Assessor's Parcel No.: Portion 916-100-007 & 008 Approval Date: January 19, 2005 Expiration Date: January 19, 2008 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1, The applicanUdeveloper 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 applicanU 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 2, 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, ' 3, 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 R:\T M\2Q04\Q4.0350 Harveston Phase 3\Draft PC Reso and Conditions of ApprovaLdoc 6 including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of Iirnitations 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. 4. This project and all subsequent projects within this site shall be consistent with Specific Plan No, 13, the Harveston Specific Plan, 5, All development fees shall be paid in conformance with the Development Agreement that regulates this development project. 6, The project and all subsequent projects within this site shall comply with all mitigation measures identified within the attached Harveston Specific Plan Final Environmental Impact Report Mitigation Monitoring Program, \ 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. 8. 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, 7 Prior to Issuance of Grading Permits 9, 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: 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:\T M\2004\04-0350 Harveston P.hase 3\Draft PC Reso and Conditions of Approval.doc 7 . . . . . c. 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 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, 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. iv, In accordance with Harveston Specific Plan Figure 11,11, a landscaped interface buffer shall be established in the rear and/or side yards of all lots within the tract that abut the Murrieta City Limit Boundary. The CC&R's shall identify the specific lots to be improved with the landscape buffer and shall stipulate that the developer shall install the landscaping and irrigation improvements, In addition, the CC&R's shall state that individual property owners are responsible for maintaining the landscape buffer and that necessary enforcement procedures shall be the responsibility of the tract's Home Owners Association. The design of the landscape buffer shall conform to Figure 10.1-19 of the Harveston Specific Plan which shall be incorporated into the CC&R's. The specific width of the landscape buffer shall be reviewed and approved by the Planning Director. 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. R;\T M\2004\04-0J50 Harveston Phase 3\Draft PC Rcso and Condilions of Approval.doc 8 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. 15. 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, 16, The Applicant shall comply with all underlying Conditions of Approval for Harveston Specific Plan No. 13 (PA99-0418) as approved on August 14, 2001 17. The Applicant shall comply with all underlying Conditions of Approval for Tentative Tract Map No. 29639 (PAOO-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: 18. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. City of Murrieta b. Rancho California Water District c. 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 d. e. f, g, h. i. j, k. I. m. R:\T M\2004\04-0350 Harveston Phase 3\Draft PC Reso and Conditions of Approval.doc 9 . . . . 19. 20. . . The Developer shall design and guarantee construction of the following public improvements to City of Temecula General Plan standards unless otherwise noted, Plans shall be reviewed and approved by the Department of Public Works: a, Improve Ynez Road (Arterial Highway Standards - 110' RIW) 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 Street "A-A" (Major Highway Standards - 100' RIW) 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), raised landscaped median. c. Improve Streets "DO" and" JJ" (Modified Street Section per the Specific Plan - 4S' RfIN) to include dedication of full-width street right-of-way, installation 0 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). d, 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, Street centerline grades shall be 0,5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City Standard No. 207. c. Street lights shall be installed along the public streets shall be designed in accordance with the Specific Plan Standards. d, Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401 or as modified in the Specific Plan. e, Minimum centerline radii shall be in accordance with City Standard No. 113. f, All reverse curves shall include a 100-foot minimum tangent section. g. All street and driveway centerline intersections shall be at 90 degrees. h, All knuckles shall be constructed in accordance with City Standard No. S02, i. All cul-de-sacs shall be constructed in accordance in City Standard No, SOO. j. 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. k. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. I, All utilities, except electrical lines rated 34kv or greater, shall be installed underground. R:\T M\2004\04-0350 Harveston Phase 3\Draft PC Reso and Conditions of Approval.doc 10 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. 22. Relinquish and waive right of access to and from Ynez Road on the Final Map with the exception of one opening as delineated on the approved Tentative Tract Map, 21, 23. 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, 24, 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. 25. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section, Prior to City Council approval of the Final Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. 26. Any delinquent property taxes shall be paid, 27, An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final Map to delineate identified environmental concerns, 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, 29. 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. 28. 30, Private drainage easements for cross-lot drainage shall be required ,and shall be delineated and noted on the final map. 31. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 32. 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 33. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: R:\T M\2004\04-0350 Harveston Phase 3\Draft PC Reso and Conditions of Approval.doc 11 . . . . a. San Diego Regional Water Quality Control Board Riverside County Flood Control and Water Conservation District Planning Department Department of Public Works b, c, d. 34. 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. 35. 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. 36. . 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, 37, NPDES - The project proponent shall implement construction-phase and post- construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs, Construction- phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with storm water and treat all unfiltered runoff year-round prior to entering a storm drain, Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs, 38. 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, 39. . 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:\T M\2004\04~0350 Harveston Phase 3\Draft PC Reso and Conditions of Approval.doc ]2 40. 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. . 41. 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 42. Final Map shall be approved and recorded, 43, 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. 44, 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. 45, 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 . 46. 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 47, All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works, 48, All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 49, 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 50. Any previous existing conditions for this project or any underlying map will remain in full force and effect unless superceded by more stringent requirements here. . R:\T M\2004\04-0350 Harveston Phase 3\Draft PC Reso and Conditions of Approval.doc 13 . 51, 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, 52. 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 III-A) 53. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 21/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system, The upgrade of existing fire hydrants may be required, (CFC 903.2, 903.4.2, and Appendix III-B) 54, . The Fire Prevention Bureau is required to set a minimum fire flow for commercial 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 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 III-A) 55. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC AppendiX III-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 III-B) . 56, 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) 57. 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, 58. 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. R\T M\2004\04~0350 Harveston Phase 3\Draft PC Reso and Conditions of Approval.doc 14 59, 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, . 60. 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, 61. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs, GVW, (CFC 8704.2 and 902.2.2.2) 62. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of ,25 feet. (CFC sec 902) 63, Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 64. 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) . 65. 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) 66. 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 241-4.1) 67. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations, (CFC 901.4.3) 68, 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) . R:\T M\2004\Q4-0350 Harveston Phase 3\Draft PC Reso and Conditions of Approval.doc 15 . Soecial Conditions 69. 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) 70, 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 ArclnfolArcView 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 71. Pedestrian access shall be provided from Street DD to Street AA through lot 86, 72, The developer shall arrange a pre-design meeting with the TCSD Maintenance Superintendent to obtain design specifications for all TCSD maintained areas. 73. Installation of the landscape improvements within TCSD maintenance areas shall commence pursuant to a pre-construction meeting with the TCSD Maintenance Superintendent and monitored in accordance with the TCSD inspection process, All fees required by this process shall be paid for by the developer. . 74. The developer, the developer's successors or assignees, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. 75. The developer, the developer's successors or assignees, shall be responsible for all streetlights on private streets. 76, 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. 77, The, CC&R's shall address restricted street parking to accommodate solid waste collection. Specific details shall include a means of notification to residents and visitors as well as enforcement responsibilities, Prior to Recordation of Final Map 78. The Final Map shall reserve the maintenance responsibilities of open space lots 78, 79, 83, 84, 85, 86 and the landscaped median on street AA to the HOA. 79, TCSD shall review and approve the CC&R's. . 80, The landscape plans for TCSD maintenance areas shall be reviewed and approved by the Director of Community Services. The landscape plans shall include a two foot bench at top of slope and clear delineation from adjacent HOA maintained areas. R:\T M\2004\04-0350 Harveston Phase 3\Draft PC Reso and Conditions of Approval.doc 16 81, The developer shall enter into a landscape improvement agreement and post securities for all future TCSD landscaped improvements areas, . 82, All 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. Landscape maintenance easements over Lots 77,80,81 and 82 shall be dedicated and accepted by TCSD on the Final Map. Prior to Issuance of Building Pennits 84. Prior to the issuance of building permits or the installation of the streetlights, whichever comes first, the developer shall file an application, submit an approved Edison streetlight plan and pay the appropriate fees to the TCSD for the dedication of street lights on Ynez Road, Street AA or Street BB into the TCSD maintenance program. 85, 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 Certificate of Occupancy 86. 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. 87, The developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. . By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. 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Date of Meeting: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION January 19, 2005 Title: Associate Planner Prepared by: Matthew Harris File Number PA04-0393 Application Type: Development Plan Project Description: Recommendation: (Check One) CECA: (Check One) A Development Plan to construct, establish and operate a four-story senior congregate care facility consisting of 115 units on a 2.12 acre site and a request for an exception to the development standards to reduce the onsite parking requirement by 13 spaces. The subject property is located at the southeast corner of Village Road and Township Road in the Harveston Specific Plan area. [8] Approve with Conditions o Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial o Categorically Exempt (Class) [8] Notice of Determination Exempt from Further Review (Section) 15162 o Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR R:\D NOM\04-0393 Harveston Retirement Residence\ST AFF REPORT.dot 1 PROJECT DATA SUMMARY . Applicant: Curry Brandaw Architects General Plan Designation: low Medium (lM) Zoning Designation: low Medium (lM) & Mixed-Use Overlay Zone Site/Surrounding land Use: Site: Vacant North: South: East: West: Elementary School Apartment Complex Apartment Complex Child Day-Care Facility lot Area: 2.12 Acres (Net) Total Floor Area/Ratio Not Applicable landscape Area/Coverage 15% Required +/- 30% Provided Parking Required/Provided 81 Spaces/68 Spaces (with requested reduction) . BACKGROUND SUMMARY [8J 1. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. The attached "Project Review Worksheet" (Attachment A) has been completed and staff has determined that the proposed project is consistent with the General Plan, City- wide Design Guidelines, the Harveston Specific Plan and Development Code. The applicant is proposing to construct a four-story, 115-unit senior congregate care facility totaling 106,882 square-feet within the Mixed-Use Overlay zone of the Harveston Specific Plan area. Residents will still be ambulatory but require some care. Services offered at the facility include daily prepared meals, housekeeping, laundering, van transportation and recreational activities. Staff worked with the applicant to achieve the following project improvements and enhancements: 1) Additional pedestrian interest along the first-floor of the Village Road building elevation. 2) A decorative tower element was incorporated into the building design at the intersection of Village Drive and landings Road. 3) Upgraded carports were provided along the Township Road street frontage to screen the parking lot and provide visual interest. 4) Benches will be provided along the Village Road frontage to allow seating opportunities for pedestrians. . R:\D P\2004\Q4-0393 HarvestOD Retirement Residence\ST AFF REPORT.dot 2 . . . PROJECT DESCRIPTION Site Plan The main entrance into the facility will be located on the east side of the property. Residents and guests will access the main entrance from the parking area. The on site parking lot will be accessed via two 24-foot wide driveways located off Harveston Drive and Landings Road respectively. A landscaped courtyard will be constructed on the south side of the facility providing outdoor passive recreational opportunities for the residents. The courtyard will be separated from the adjacent street and service area with a security fence/wall and plantings. In accordance with the Harveston Specific Plan, no driveway access will be provided directly off of Township Road due to potential conflicts with adjacent elementary school traffic. Moreover, no driveway access will be provided off of Village Road so as to achieve a continuous pedestrian oriented building frontage within the Harveston Village. Architecture Building architecture will emulate an "Americana" style which is in keeping with the style of surrounding buildings being constructed within the Harveston Village. The building will incorporate a variety of setbacks, offsets and pop-outs including covered porches, and patios along the first-story and balconies on upper stories. A decorative portico will be utilized at the main building entrance for formality. In addition, varying rooflines and decorative windows will serve to break-up the mass of the four-story structure and provide visual interest. A decorative tower element has been provided for aesthetic purposes at the corner of Village Road and Landings Road. This intersection serves as the main focal point within the Harveston Village and warrants special attention. Materials/Colors A mixture of painted shingle, hardiplank, stone veneer and stucco siding materials will be utilized along with a composition shingle roof. Five different colors will be used to differentiate between shingle siding, stucco, trim and accent features. Decorative light fixtures will be placed at parking lot entrances and architecturally treated carport structures will be utilized along the Township Road frontage to enhance aesthetics. Landscaoina Landscaping has been provided around the entire base of the building to frame the structure and separate it from surrounding pavements. Screening will also be achieved between the onsite parking areas and street frontages. The main entrance to the facility will be accentuated and formalized with a variety of specimen trees and flowering shrubs. Numerous trees have been provided within the exterior courtyard to create shade and summer cooling, Nine varieties of trees will be utilized on site including 48" box magnolia and sweet gum at the building entrance and courtyard. Sixteen varieties of shrubs will be planted including Viburnum, Pittosporum, Boxwood and Nandina. R:\D P\2004\04-0393 Harveston Retirement Residence\ST AFF REPORT-dot 3 ANALYSIS . Consistencv with Specific Plan The subject property has been designated Low Medium Density Residential (LM) in the Harveston Specific Plan. In addition, the site has also been designated Mixed-Use Overlay Zone. The proposed project is consistent with the Specific Plan, which allows congregate care facilities onsite as a permitted use. In accordance with Section 11.4.5 of the Harveston Specific Plan, livings units associated with congregate care facilities are not to be included in the maximum unit total of 1,921 within the specific plan, Moreover, staff has determined that the proposed facility is also consistent with Specific Plan Mixed-Use Overlay Zone provisions including, but not limited to building setbacks and maximum height requirements. Parkinq The Harveston Specific Plan requires that off-street parking requirements for specific uses within the Mixed-Use Overlay Zone be addressed at the site plan review phase. The City's Development Code has a specific off-street parking standard for congregate care facilities which requires % of a covered space per unit plus one uncovered space per 5 units for guest parking. Staff has determined that 58 covered spaces and 23 uncovered spaces (81 total spaces) are required to serve the facility in accordance with the City's Development Code. The applicant is proposing to reduce the number of onsite parking spaces from 81 to 68 spaces (34 covered/34 uncovered). Section 11.5 of the Harveston Specific Plan states: "The development standards contained herein, except lot size, setbacks and height, may be waived or modified with the approval of the Planning Commission as part of the Development . Plan or Conditional Use Permit process if it is determined that the standard is inappropriate for the proposed use, and that waiver or modification of the standard will not be contrary to the public health and safety." While the amount of parking provided would not comply with the Specific Plan/Development Code, the applicant believes the reduction will not be contrary to the public health and safety given the following: 1) Fewer than 25% of the residents typically drive their own vehicles and; 2) A 20-passenger shuttle bus is available for residents a minimum 4-days per week serving a 15- mile radius from the site. Given these factors, staff believes the requested off-street parking reduction is appropriate. Moreover, staff believes the amount of parking proposed will not result in health and safety concerns. Therefore, staff recommends that the Commission approve the parking reduction request. Site Plan The project conforms to all of the applicable development standards in the Low Medium (LM) and Mixed-Use Overlay zoning districts. The building setbacks meet the minimum requirements of the Specific Plan. In addition, the building footprint does not exceed maximum lot coverage requirements. Buildinq Desiqn The subject property is located at the intersection of Village Road and Landings Road and serves as one of the four main corners within the Harveston commercial village. The Harveston . R:\D NOO4\04-0393 Harveston Retirement Residence\ST AFF REPORTdot 4 . . . Specific Plan requires that the village be pedestrian oriented in terms of building scale and design. The Mixed Use Overlay Zone Site Planning Guidelines state: 1. "Buildings shall be adjacent to the street or the adjacent landscape planter area to create a pedestrian oriented streetscape within the Mixed-Use Village Center." 2. "The first floor of any multi-floor building should be oriented to the pedestrian." 3. "The design of the building facades shall be architecturally interesting and in scale with the pedestrian." 4. "Ground floor elevations shall avoid large blank walls, with windows and doorways located at frequent intervals." Staff believes the proposed architectural style of the building will be compatible with the adjacent buildings within the Harveston Village. Moreover, staff also believes the proposed tower element at the intersection of Village and Landings Roads will serve to accentuate the village core. The first floor building elevation along Village Road serves to achieve a pedestrian scaled streetscape with architectural interest consistent with Specific Plan guidelines, The height of the building complies with the Specific Plan maximum height requirement. Landscapinq Staff has determined that the conceptual landscape plan conforms to the landscape requirements of the Harveston Specific Plan, Development Code and Design Guidelines with regard to plant quantities, sizes and spacing. Access/Circulation The Public Works Department has analyzed the projected traffic impact of the project and has determined that the impacts are consistent with the traffic volumes projected for the site by the previously approved Harveston Specific Plan EIR. The Fire Department has also reviewed the plan and determined that there is proper access and circulation to provide emergency services to the site. ENVIRONMENTAL DETERMINATION [8]1. The proposed project has been determined to be consistent with the previously approved Harveston EIR and is exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations). CONCLUSION/RECOMMENDATION Staff has determined that the 106,882 square-foot senior congregate care facility, as conditioned, is consistent with the Harveston Specific Plan, City-Wide Design Guidelines and Development Code. Therefore, staff recommends approval of the Development Plan and associated 13-space parking reduction with the attached conditions of approval. R:\D P\2004\04-0393 HarvestoD Retirement Residence\STAFF REPORT.dot 5 FINDINGS . Development Plan (Code Section 17.05.010F) 1. The proposed use is in conformance with the General Plan, Specific Plan, and with all applicable requirements of state law and other City ordinances. The plan to develop a four-story 115-unit senior congregate care facility totaling 106,882 square feet is consistent with the Low Medium Density Residential (LM) and Mixed-Use Overlay policies of the Harveston Specific Plan, City-Wide Design Guidelines and development regulations. The proposed 13-space onsite parking reduction is appropriate for the proposed use and will not result in health and safety concerns. Moreover, the proposed plan, as conditioned, incorporates architectural and landscape designs, which will achieve the City's General Plan Community Design Goal #3, "Preservation and enhancement of the positive qualities of individual districts or neighborhoods". The senior congregate care facility complies with all applicable development standards of the Harveston Specific Plan as well as off-street parking and landscaping requirements. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been conditioned to conform to the Uniform Building Code, and City staff prior to occupancy will inspect all construction. The Fire Department staff has also found that the site design will provide adequate emergency access in the case of a need for . emergency response to the site. ATTACHMENTS 1. Project Review Worksheet - Blue Page 7 2. Plan Reductions - Blue Page 8 3. PC Resolution No. 2005 _ - Blue Page 9 Exhibit A - Draft Conditions of Approval . R:\D NOO4\Q4-0393 Harveston Retirement Residence\ST AFF REPORT.dot 6 ATTACHMENT NO.1 PROJECT REVIEW WORKSHEET R\D N004\04.0393 Harveston Retirement Residence\ST AFF REPORT.dot 7 PROJECT REVIEW WORKSHEET Development Plan Commercial . Planning Application Number: . . 1, General Plan Designation: Low Me.~;'J""" I LM) Consistent? ~ """.."lruo ~f' , ...~.... Mo.c).,,,,,,,,,lL-l"\/+- Consistent? flo\, 'JC....\ d~,. PwoJ~~\a.,r--- "?e...s V d:'~ . 2. Zoning Designation: 3. Environmental Documents Referred to in Making Determination: E1' General Plan EIR 0' Sensitive Biological Habitat Map 0' Sensitive Archeological Area Map 0" Sensitive Paleontological Area Map 10" Fault Hazard Zone Map Gr Subsidence/Liquefaction Hazard Map G:r 100 Year Flood Map GY' Future Roadway Noise Contour Map Gr' Other (Specify) I\",.,."t."'\-'~'^ Sf<<.;t-;l" fir.", l= 'I~. ~.- Previous EIRlND, (Specify Project Name & Approval Date): t-\~YV.,...~", <::'f"...,iF( ~'^ 'i'=-"T' <ie, c;,9'~~"'" \'{q<1. Submitted Technical Studies (Specify Name, Author & Date): D D Other: 4. Environmental Determination: D Exempt D Mitigated Negative Declaration D Negative Declaration D EIR .8; 1I~7<l':.'\;Io..\i0(\ ,,-\- CQY\..-i~~t'f w>-\-).. r",^'6-J'>\"" Nlo~ D ~OLJay~1'?"n 151\0'1... D 30 Day Review 1l?' 10 Day Review 5, General Plan Goals Consistency: Consistent g ~ Inconsistent o D D Land Use Circulation Housing R:\FORMS\ST AFF REPORTS\PROJECT REVIEW WORKSHEET.commercial.dot I Consistent ~ Bf :0 ~ ~ PROJECT REVIEW WORKSHEET Development Plan Commercial Inconsistent D D D D D D D . as/Conservation Growth Management/Public Facilities Public Safety Noise Air Quality Community Design Economic Development 6, City-wide Design Guideline Consistency: D D D Site Planninq: A, How does the placement of building(s) consider the surrounding area character? n,..lNi\d;~,> n..u:.. kL\ \"'C:C"l \,..,,, )..TVi' -\" \-..'" 'v..ckrl- ~,.)....o..\~+' ",.)..,,,c..,,,, ~d.~l'''''i"" . '. .. J.... +1."''1" ~I-A.,,\- 'J""O:J"'. ~"Ct,. u..."o""'\..c.-oY\s.;s.hJ.,.)-wi+~ ~p\ CIlo_1''il'''''\t'''\-o.Y1 "",\d.\~., o.c.Y"os.~..s-\-.,.~'rj. 01" o..A.:)o..lb"'\-r B. H6~Oih~'structures interface with adjoining properties to avoid creating nuisances and hazards? , 1'(A....P<>rbc,~,..",<--Io 3d'.."" fo""'''''> of--J-I..<-i'"..-l<,"J ex"""'. <;U..-"'.. \'=;\ih'os "-""..\~l'~ ~ ~jt!~\t'i;~~~~tic..~r~~~~~~~~<-~~,,~v';\:~;~~'~:;~~~;:~. c. How dCles t'lie bUilding placement allow buildings rather than parking lots to define the street li,dge? , \-\~".vt.'"'t , ~,~<-l'I........ ""~c..\;'v'l,\,tl "k..<p":-....T,b,,;\J\1I~I...'\~ "il\"'lc..~~,J))e - ~ -.-:,';vtd '" C..""oM-" .';:<--"<-lo~" \,l...tw. ~ '''''t ~L \ow~h,'f 12<"'" t:,.",I..'t. \0 ~-"f' ~'f'...,.Jq... -A...ld. P :\\o\k' "'''''\\'C' .,.."d..."<:-~'-_- '--'/' I ' _". ' '-' ,'/ '~ I ar Inq and IrcUlatlon. ~~-;~~ o..,-v W,\\ """"'fn~'" VI.... ....,..............,., .~~<:..l.c....\''''l)I4..J. A, How does the parking lot design allow customers and deliveries to reach the site, circulate through the parking lot, and exit the site easily? In<- """'''''''''"-"rr""",,a,...v<:..1>... p....., 1.t....I-<-CX 0.,......, l-....J.'nV \I....J, :""'v\,.. "u..\...\e~ h..... \-......,~ Ilo.lt-(>o~.\.~...:~y 'lr?t...tV~,^' :1'\\0-.... 0.... ~..":- ~~ ~ ,..p~.~,-. \........... B. How does the parking lot design provide safe and convenient access to pedestrians and bicyclists? ""VIMfI'- S;.\.,.I~\~ r~~~~\-\o,,<;.l...,.. p-~ 'P"'"v;A..J \-,..,.'-"'\"'......;._~I,.....s;~.......,~ "",,"0 ~....\o:>";\d.''''5' CM~ ~<>"l>\t..\o~<dc:V;~o..\)\c.i\ f"",,;aeJ, ~ \-\.q..vlaI\11"t-...\\....;'"'l~ C. How are the service facilities within the parking lot screened or buffered ~~~~~~~~ from public view? '\l,e ~"-'"";t.C..o.......'rYo."CJ<..OoNl-rc.-t-."<' ~c..\o v('<:..o~"'''' ,,,...'r~ \?I,.ckirl d<<': ~ !-o-,.,J,'/\'7 .. . . 'r f''''?\i<.. II, ~"VCn.)--k ~\-17,,\'>d;"'" 1~~)"1 ""d l.....Jsc...fll"'l' Buildinq Architecture: A. How does the building design provide articulation of the building mass? Th.. 'uv\\Jil\~"'..\.... ...,,<11. ,,~......<>"" nr ~u.s"+l> ",.,.,j. roof -r\a....,\ ,..;to\' II"''''!'......' . ae.f'l\o.s .....),.ic-\. fi'o",o.~7 "'.- >i5",f\u."" "'...\X.-.Jlo.!-l..YI On ....,\ d",w.X'I)V'05.A-1.~ c:...\c:.":"""''\h....~ \;.,,"'" 1'.....,,,;J.~ ~+~ (oy"e.r of- "..\\,,~ e"..J "'(\~ r........}l..ir I2o",J w'"',O- ')c.>r"e~"s tk.... ""'..,,, '>'Ir<;.&<..n.." wi~i... t\.,~ \-\o..W<:Stn... \/dJ.. c.. 'Il- R:\FORMS\STAFF REPORTS\PROJECT REVIEW WORKSJ-lEET.commercial.dot ~vl... o.nJ ~~S.S f -L-h, L '1" J.. 'C- 2 Y'", I . I, 0, <. ""I ....,,,, ~J,.-e"" """,V<.c:c1+hou h S~ ).. . ....."...iooI-;"'" . ') I I .kts "",.l. "",..f\, ne I . . . o PROJECT REVIEW WORKSHEET Development Plan Commercial B. How is each building "stylistically" consistent with all buildings in a complex, and on all elevations to achieve design harmony and continuity withir:l itself? I!:""\...*'t-\,<"~Cov...'\,-cn~ b" -\->-c.-V"\"';" )",nolf...~ v+<"t."-~>"'~" ......J...~...\.v.....\ de:>\'''''l c....:,;\o..,.~ o...-r6 ..........\-.::.V"'\ 0..\'.0. o.V\~ Q>."~ ~~"'1I\~M<:'CJo.\\"" l.bnS'~\h:........\-.l",W\'f"'\{""~V"'" O',...,)o.'J~04 +\r'---r....'.~.:~ Ylo."VC' ""'''>r.. l7~1:V' 'J\-1Hl- ~ eo ,.... -V-'" r:'l -r' -T s~r,.\....ft). ...\......., .,~. 'Y\$L..)"')P ~<><.0h o.c.>~'i''''''~o''''1' C, How does the placement of buildings create a more functional or useful open space betvl(een the builQings and/or the street? , Tn o.u."'.l.""t..... WI\+.~" ';Pu.,(:;c"f'lo.." I \-ht. 1:>..'\~;"5 "'~., \,....... \ .,-,>-'red o"hOot.<n'r '" ",\1...,.. 'i?.J t-" ~t:r..~ 0..... f'-"l.....~\n.V"\ A't\/l""w.-r\ s~,.~r..~f'. \h... .f.:.,f"~\-f\nl'(""l'\~ ~ \o~J~'di-j1~ 6....\e........~, -\.. -\-11.... ~"'>\-0'1"''''. c..yM~ """,,-l,t.c.n 10<.<>-'1-...1 ".'\:1 ,,-cU\'r -h. .,.Wt.<..b to 5<r<<:Y' ecAz."j,' Se"fc"-, 0, How do each of the architectural elements (building base, windows, o...+~";,\~,;, '" \-I-<i.\v.~ doors and openings, cornice and parapet, roofline, and finish materials meet the intent of the design guidelines? ~\,;\<<..\"""'\ cl",.....m" '*~L \.:Mk>i~ 0."'<- <oMt",';h\<- \oil\\.. '*'....\0", 10.""5 ~~>s~ I'''' ~e. v;\l,.j". 1lv,l~\f"i P'\"~~\S o..Vo<.- (.\~ C.,,"i,,~ 00 0..\\ 10",1/);",; ..1,,'01"'-"""""" o.",~ o..cLe.'h4 'tN\0.i(\~' Landscapinq: A, Does the plan provide the following ratio of plantings? ~ Yes 0 No, why? Trees 10% 36" Box 30% 24" Box 60% 15 Gallon Groundcover 100% Coverage In One Year Shrubs 100% 5 Gallon B. Does the landscaped area, ratio, spacing, and size conform with the design guidelines? ~Yes 0 No C, How does the internal site landscaping frame the building(s) and separate them from the surrounding pavements? LA~~ \\o,~ C,... Co ~"'v ;." ..........."" o.V\cl.+lo-~ '0"" ;",+ob\i""l i '" 0.\\ ;",~'r..,,(...>, D. How does the patio and street' furniture, fixtures, walls and fences integrate with of the architecture and landc;caping? c..""" '~ n 'i'c..~. "rn\'Nft.-.'v\ c..o.,.'f"\-o.J......,j I ~"'''''f''r\'''\~W\~ ~<Id;", 00Y"<1..~,...... Li,I..T I'\x"'~ 7, Development Code Consistency: ,n ",..V'ld""j \0\-"."'''- ....V\,,>~'r'"'(\""- f\xWI't" ,,~.,J. j'", 'I-\..e.. "i\l.1e.o.~. A, How does the plan achieve the performance standards specified in Code Section 17,08,070? R:\FORMS\ST AFF REPORTS\PROJECT REVIEW WORKSHEET.commercial.dot 3 PROJECT REVIEW WORKSHEET Development Plan Commercial Circulation: '-l~h" "lAr" "T'?C, 0.""\ "::)'<'<'" Ie.. +....k"f\ ~.~ c,>rIP sh->r.. r",\-he".. \-kY"') Vi\\..~l'o...!l ~t.rroh. ~e. fe-_de.51v\w\ I(,\\:l~~<:>-h...o~e.>'"e.... .feJ.c,*",,,,,, w...\ 'iitw.-'1 > ':il:rcfii~e"C'i'D(~ftlegjcl'!t)-"'''''"'' -..;v"c\"'5...,..\ f..dt."~ o.~,> 0..",.1 c.o~~""''''''7h~~..);>.<r> ~..J... 1,....\,.,,,-<->,, l-he S\-r=T-' ",~~"'Yl<..,....~ \O\-' E. Lc:.. e " . .;. "1W\ ,,,i5~."$, v,:-q,n'l '$...,..<r "~'5"~'r7 OJ'\e\ I1v\\.l,,,,,> .; ~__\-<.,. en 0.\\ ~,,\1..l;,,~ e\.ev~.n~". l..llft'''>p''I''..r)n<.''"\.....~ ." ~'~1'\""""s "'............ ~U'>o..J~, V""-J' "oM""':> of-~~ \?v-;,c:);tI'j' ::>1 e annlnq ana ueSlqn. """......!:Ken ""~~l::><><k. 1'- 'Ci1":.."...J..."..:.\;~~ \-I..."",,"""'^ ')tr;~'-G1''"^ r).,P ..".;\.\,',,~ J...'''~~~ ~....~ J.v-.....+'1 ~....'h''''''rr....50'.l~''\~ 0."'''''1. lli'''''1L ~"d \-.:> "&.,;:t~ ~j7<?,:<>~"'~ Y\'1c..'F..7;-~'<~~"""""- wC~,!np~ti6rlilv,\'h~"" ,?;<>'....,.,\It- ...", v~o..~.J<GC\. s<'r_, <..'> <-0.<> \,......., ........,~,,~ \,<>>-~ ",'or ~ - -' <Sk)e. ~ +k ~~","e. 1+ ,""'\.... ....""..".,..." ""'."'1""'<> ".." },,,~ <.~ <;0" f'e>iJ.n, ~m"""~'l:>..""" \6u..W """,..<e,,1,- \.<1~ 1:..,....'7....'( p."",). ~et-~'-r \-0 S<:ft<.~ tk Po.,,,J<.:.0 ''*. forM"",;) "'~ ~l<:>J\~V.5"''''''ff'''''S''l;Y1~S 'NN'<..):t~ s~~ 'Iov.ck+7I..~"'~i" 8, Does the application and submitted plans on file conform with all of the ~.J \o...<\...,....~)1oII applicable minimum development standards? "'''''<>i'G\V'bnU\~. . %Yes, with conditions D No Net Lot Area: Total Floor Area: Floor Area Ratio: Lot Coverage: 2.. \l. A~<;,. I t> t. '\l9iZ. 5t ?r-. . f'lJA. MA Setbacks;'. Front Side Side Rear Parkin ", Mrnimum~Reql:JirM[5::';;,",.,>,:.. Proposed: ,,' ~,.;<FI:,,,,<::;L'<;~;'~~.:'J:~.>.~;~;'.~-'\"~'~~~---(.:~i.',~I~: _,~.,<:(__;,:,:.,',,' c' ~ & I, Enviroomentalls~ues"(Gj[Gle:all.tl)at'apply)7d.;>i;,;::~: ~;J('~L.l::;: ':P:"<t );;'i.' Hillside/Slope Traffic Arch.lPaleo Habitat Fault Zone Subs./Liqfctn Flood Stream/Creek Noise Air Quality ,y-,,,....,, -.':,-:,,~" :,i .. .~~. , ' 0< ""'I 'j"'_':\, :t;'~,:: North East West South 'alit'. "'F' .r."; ."'..1". . R\FORMS\STAFF REPORTS\PROJECT REVIEW WORK.<;;HEET.commercial.dot 4 ATTACHMENT NO.2 PLAN REDUCTIONS R:\D P\2004\04"()393 Harveston Retirement Residence'ST AFF REPORT.dot 8 . i it! 1 ' '!" ,i I I ~ ~& i! I ~ l : 0'1 nuq. - 1 .," J,ii"m "i' -- "'l'i'~ , 51! ~ ~ !",~...,! ~e,,:R .. ~ .~ ,Ii ~ . i.!1l I 1!illlo ! III ""I'u c !~'lli!:'ililHm !! z I ,ilijaill !" l!l I!! 81 I l'l ~ l II ! i I J ! H ili ~ . I i I I' II -i ij \! ~ Q III H Ii ! 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CIS = I .1 -"11 . . . ~ ~ CJ c:' ~ "t:I .- fIl ~ ~ ;!f II SI ~ i Ie l5 ~ I alo ~ == c: S fIl ~ ~ ... = . U. -I'lj I . ~ -.- .....-....- , '-, f :1 ! I: ~ Q,I 1~ it C) "" c ~ Q,I -a <. I '. fI.l Q,I ,~ ~ , I .... C II' 'II Q,I . ~ III III 5' III 1.1 III 0 0 0 ~I ~ ~ ~ ~;;;;;:;;;~ ~cr~e::r-e~u Q,I ~ 0 0.0 0 o~g c 0 .... 0 0 Op 0 0 010 fI.l Q,I ~ .. J I a.. 0 o'ofp 0 0 cu :Jr-1'--- == o (h-O--,0-~O 0 II . I I II . q .1'1 ! Ii . ~ 8 8 8 ~ 3 y = ~ 'Cl '. fI.l ~ .... = ~ El~ . ~ ~I oa ~ ~ ! ~ ~ a ~ z 11 · -I'lj . . . I ~ Q) C.l 63 "0 ,- ~ =: - = Q) 5a ,~i ~ l~ Q - {I.l Q) ~ .. CU = I .~ -I'll . ~ ~ CJ ~ '. ~ - 5 5a ~i · I ~ j~ I = .s ~ ~ 12 . .),11 ri . . -.--- . I ~ ,.. --- ~ ~ ~ "Cl .. ~ 1: ~ e~ ,bi ...... ~ ~ lS ...... fIl ~ l: ClI == I ;1 IIh -, I I I ~ " ~ ~ ~ '0 ,- fI) ~ .... ~ 5a t~ ~I ~ ~ = S fI) ~ ;. a. - = := I .~ 1IJ,~i 8'i . . . I . ~ . C) (J 5 ~ '... ~ ~ - 5 Sa ,~j ~ r.:.:: I: Q - fIJ C) ~ "" = == . i ,I -I'll . ~ cu ~ cu 't:I ,... fI.l .~ - 5 e~ ~I . Q CU ~ c::: .s fI.l CU ~ ... = 1.1 · -I'll . . ....-.- ~ a l! ~ ~ 1'1 . . 1= 1'1 . I ~ .....-....- Q,l ~ ~ "0 .- fI.l Q,l c:.:: i Sa ,~i ~ l~ S - fI.l Q,l ;;.. ... = := I,; .I,~f, E'! I . ~ .' Q,) y c: q Q,) lDli "0 ,... fI.l ~ - 5 51 . ~i Q,) ~ '- 'e> - II · .J,!~ rs I . ~ . ~ tj = ~ '0 ,.. <I.l ~ - 5 e~ ,~i ~ ~ i 5 - <I.l ~ ;;.. ... cu == ,,- . I .i -f'!1 . ~ ~ 5 "0 ,... ~ .... 5 Ela . ~i ~ d ~, = .s l'I:l ~ t ~ q . .1,11 Eil . . --- - . .- - I e ~ ~ 't:l '. fI.l ~ ~ - '= ~ Sa ,~I - 1 ~ .~ i = Q - ~ ;;.. ; == I ,j -h . ~ ~ 5 "0 ,.. ~ =: - 5 e~ . ~i ~ =: c: c:> - l'Il ~ ~ "" = = I~ . .lll n I . ~ . cu CJ C cu ~ ,... fI) cu ~ - 5 e~ .~i - cu ~ oj C .s fI) cu ~ "'" = . q -1"1 . ~ ~ ~ 53 ~ .... ~ .... 53 S3 ~i . ~ = S fIl ~ ~ "'" :i! q . .I'~i El, ATTACHMENT NO.3 PC RESOLUTION NO. 2005"_ R:\D P\2004\04-0393 Harveston Retirement Residence~T AFF REPORT.dot 9 . . . PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0393 A DEVELOPMENT PLAN TO CONSTRUCT, ESTABLISH AND OPERATE A FOUR-STORY, 115-UNIT SENIOR CONGREGATE CARE FACILITY AND A REQUEST FOR AN EXCEPTION TO THE DEVELOPMENT STANDARDS TO REDUCE THE ONSITE PARKING REQUIREMENT BY 13 SPACES ON 2.1 ACRES LOCATED AT THE SOUTHEAST CORNER OF VILLAGE ROAD AND TOWNSHIP ROAD WITHIN THE HARVESTON SPECIFIC PLAN AREA ALSO KNOWN AS APN 916-170-027. WHEREAS, Curry Brandaw Architects filed Planning Application No. PA04-0393 (the "Application") in a manner in accord with the City of Temecula General Plan, Harveston Specific Plan and Development Code; WHEREAS, the Application was processed including, but not limited to 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 January 19, 2005, 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 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 RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Development Plan Findinas. That the Planning Commission, in approving the Application, hereby makes the following findings as required in Section 17.05.010 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 plan to develop a four-story 11S-unit senior congregate care facility totaling 106,882 square feet is consistent with the Low Medium Density Residential (LM) and Mixed-Use Overlay policies of the Harveston Specific Plan, City-Wide Design Guidelines and development regulations. The proposed 13-space onsite parking reduction is appropriate for the proposed use and will not result in health and safety concerns. Moreover, the proposed plan, as conditioned, incorporates architectural and landscape K\D P\2Q04\04-0393 HarvestoD Retirement Residence\PC Reso.doc designs, which will achieve the City's General Plan Community Design Goal #3, "Preservation and enhancement of the positive qualities of individual districts or neighborhoods". The senior congregate care facility complies with all applicable development standards of the Harveston Specific Plan as well as off-street parking and landscaping requirements. . B. The overall development of the land is designed for the protection of the public health, safety and general welfare. The project has been conditioned to conform to the Uniform Building Code, and City staff prior to occupancy will inspect all construction. The Fire Department staff has also found that the site design will provide adequate emergency access in the case of a need for emergency response to the site. Section 3. Environmental Compliance. The proposed project has been determined to be consistent with the previously approved Harveston Specific Plan EIR and is exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations). Section 4. Conditions. The Planning Commission of the City of Temecula approves the application (PA04-0393) a Development Plan for a 115-unit senior congregate care facility in a portion of Planning Area 4 of the Harveston Specific Plan and an associated 13-space parking reduction for all of the foregoing reasons and subject to the project specific conditions set forth on Exhibit A attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary. . Section 6. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 19th day of January 2005. John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] . R:\D P\2004\04-0393 HarvestoD Retirement Residence\PC Reso.doc 2 . . . STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2005-_ 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 January 2005, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSTAIN: Debbie Ubnoske, Secretary R:\D P\2004\04-0393 HarvestoD Retirement Residence\PC Reso.doc 3 EXHIBIT A DRAFT CONDITIONS OF APPROVAL R:\D NOO4\0M)393 Harveston Retirement Residence\PC Reso.doc 4 . . . EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0393 Development Plan Project Description: A Development Plan to construct, establish and operate a four-story 115-unit senior congregate care facility totaling 106,882 square-feet and to approve an exception to the development standards to reduce the onsite parking requirement by 13 spaces within the Harveston Specific Plan area. DIF Category: Per Development Agreement MSHCP Category: TUMF Fee: Per Development Agreement Per Development Agreement Assessor's Parcel No.: 916-170-027 Approval Date: January 19, 2005 Expiration Date: January 19, 2007 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 as provided under Public Resources 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 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 2. 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 R:\D P\2004\04-0393 Harveston Retirement Residence\Draft Conditions of Approval.doc I 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. 3. All development fees shall be paid in conformance with the development agreement that regulates this development project. 4. All conditions shall be complied with prior to any occupancy or use allowed by this Development Plan. 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 6. 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. 7. The development of the premises shall substantially conform to the approved Exhibits - Site Plan, Grading Plan, Building Elevations, Floor Plans, Landscape Plan, and the Color and Material Board contained on file with the Planning Department. The applicant shall comply with standards, conditions and requirements set forth in the Harveston Specific Plan and the Development Agreement for the Harveston Specific Plan. 9. The applicant shall comply with the attached Mitigation Monitoring Program associated with the Harveston Specific Plan Environmental Impact Report. . 8. 10. A separate building permit and Planning Department approval shall be required for all proposed signage onsite. 11. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 12. The colors and materials for the project shall substantially conform to those noted directly below and with the Color and Material Board, contained on file with the Planning Department. a. Roofing: b. Stucco: c. Stucco: Stone Veneer: Decorative Shutters: Prestique Composition Shingle, Color - Barkwood Omega Products, Number 14, Medium Finish, Color-Cream Omega Products, Number 18, Medium Finish, Color --Coconut Pro-Fit Ledgestone, Color - Autumn PF-8015 Vinyl, Number 10, Color - Dark Brown . d. e. R:\D P\2004\04-0393 Harveston Retirement Residence\Draft Conditions of Approval.doc 2 . . . 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. 14. 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 colored architectural 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. Prior to Issuance of Grading Permits 15. A copy of the Grading Plan shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit 16. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform substantially with the approved Conceptual Landscape Plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The following items shall accompany the plans: a. 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). b. c. d. 17. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a 3' clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in orderto reduce intrusion. Screening of utilities is not to look like an after- thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. 18. A landscape maintenance program shall be submitted for approval with the landscape construction plans, 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 carryout the detailed program. Prior to Building Occupancy 19. The property owner shall fully install all required landscaping and irrigation onsite as shown on the approved landscape plan and submit a landscape maintenance bond in a form and amount approved by the Planning Department for a period of one-year from the date of issuance of the first occupancy permit within the development phase. R:\D P\2004\04-0393 Harveston Retirement Residence\Draft Conditions of Approval.doc , DEPARTMENT OF PUBLIC WORKS . 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 projectto be resubmitted for further review and revision. General Requirements 20. 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. 21. 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. 22. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 23. The Applicant shall comply with all underlying Conditions of Approval for Harveston Specific Plan No. 13 (PA99-0418) as approved on August 14, 2001. 24. The Applicant shall comply with all underlying Conditions of Approval for Tentative Tract Map No. 29639(PAOO-0295) as approved on August 14, 2001. Prior to Issuance of a Grading Permit . 25. 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. 26. 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. 27. 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. 28. NPDES - The project proponent shall implement construction-phase and post-construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction-phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed and included into plans . R\D P\2004\04-0393 Harveston Retirement Residence\Draft Conditions of Approval.doc 4 . . . for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. 29. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 30. 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. 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. 31. Prior to Issuance of a Building Permit 32. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City of Temecula Standard No. 207A. c. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400. 401and 402. d. All street and driveway centerline intersections shall be at 90 degrees. e. 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. 33. 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. 34. 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. 35. The Developer shall obtain an easement for ingress and egress over the adjacent property. R\D P\2004\04-0393 Harveston Retirement Residence\Draft Conditions of Approvaldoc , 36. 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. .1 Prior to Issuance of a Certificate of Occupancy 37. 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 38. Corner property line cut off shall be required per Riverside County Standard No. 805. 39. 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. 40. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. FIRE DEPARTMENT 41. 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. . 42. 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-l. 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 850 GPM for a total fire flow of 3850 GPM 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 III-A) 43. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-l. A minimum of 5 hydrants, in a combination of on-site and off- site (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 21 0 feet apart, at each intersection and shall be located no more than 380 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) 44. 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\2004\04-0393 Harveston Retirement Residence\Draft Conditions of Approval.doc 6 . . . 45. 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) 46. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) 47. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet. ( CFC see 902) 48. 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) 49. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) 50. 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) 51. 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) 52. 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) 53. 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) 54. 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 lor numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) R:\D P\2004\04-0393 Harveston Retirement Residence\Draft Conditions of Approval.doc 55. 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. . 56. 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) 57. 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) 58. 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 fire sprinkler riser door. (CFC 902.4) 59. 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. Special Conditions . 60. 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. 61. 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) 62. The site plan as provided is conceptual and is approved as such. The final configuration shall be approved at time of plan check to be sure arialladder access to upper floors is acceptable to the fire chief. COMMUNITY SERVICES General Conditions 63. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 64. 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:\D P\2004\04-0393 HarvestoR Retirement Residence\Draft Conditions of Approval.doc , . . . 65. All parkways including areas within the ROW, courtyard area, fencing and on site lighting shall be maintained by the property owner or maintenance management organization. Prior to Issuance of Building Permit 66. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. BUILDING DEPARTMENT 67. 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. 68. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 69. 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. 70. 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. 71. Obtain all building plans and permit approvals prior to commencement of any construction work. 72. Obtain street addressing for all proposed buildings prior to submittal for plan review. 73. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1 , 1998) 74. Provide disabled access from the public way to the main entrance of the building. 75. Provide van accessible parking located as close as possible to the main entry. 76. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Appendix Chapter 12, Section 1208A, of the 2001 edition of the California Building Code. 77. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 78. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the California Building Code Appendix 29. R:\D 1'\2004\04-0393 Harveston Retirement Residence\Draft Conditions of Approvaldoc 79. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. . 80. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 81. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 82. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 83. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 84. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 85. Show all building setbacks. 86. 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. 94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays . OUTSIDE AGENCIES 87. The applicant shall comply with the recommendations set forth in the attached correspondence from the Riverside County Department of Environmental Health dated June 15,2004. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name . R\D P\2004\04-0393 HarvestoD Retirement Residence\Draft Conditions of Approval.doc 10 o CaUl, 1 Y OF RIVERSIDE · HEALTH ",cRVICES AGENCY 0 DEPARTMENT OF ENVIRONMENTAL HEALTH -~,\ " '! llil I,,) Uu 'Ii June 15,2004 JUN 1 t 2004 By --------- --". --....... City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Matt Harris RE: Plot Plan No. PA04-0393 Dear Mr. Harris: Department of Environmental Health has reviewed the Plot Plan No. PA04-0393 to construct a 106,882 sq. ft, 120 suite retirement residence and has no objections. Water and sewer services should be available in this area. 1. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD BE REQUIRED: a) "Will-serve" letters from the appropriate water and sewering districts. . Sincerely, . Local Enforcement Agency. PO. Box 1280, Riverside. CA 92502-1280 . (909) 955-8982 . FAX (909) 781-9653 . 4080 Lemon Street 9th Floor, Riverside, CA 92501 Land Use and Water Engineering. P.O. Box 1206, Riverside. CA 92502-1206 . (909) 955-8980 . FAX (909) 955-8903 . 4080 Lemon Street, 2nd Floor, RIverside, CA 92501 ~ Co-' o ~ ~ Co-' Z s= o E-- - Z o ::; z o - E-- < Co-' - E-- - ::; o 00 .! z o E-- .~ / z o ->6 .. u , t::~u uClti: <ii! '" :> ~* fii &:I: i:: z 0 '" ot:< e;~~ ilI:;g i:l:i &l ~ o i:l:i r.. '" .. ...'" 00& 5z 00 i:! - i:! t:i ",< ~~ '" '" "-i", '" "" ~~ z '" ~ .. ~'" ill ~ ~ ~ v il c ~ ~ v ~ " ~ v E c .2 ;< .!!!' 'Wi o c !! .Ei !! v -5 .;j v "" e v :2 c v v .&> ~ ~ - .. ::1-= t:i ~ ~ ....0. 3 ~.5 "" 0 e ..v 11 '" f:l"" ~ ~.~ c ~ .;;; .. 0 o-lZ i:! " ~ .. ~ ~ ;:: .. 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