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Home My WebLink About080206 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 August 02, 2006 - 6:00 P.M. ******** Next in Order: Resolution No. 06-52 CALL TO ORDER Flag Salute: Commissioner Carey Roll Call: Carey, Chiniaeff, Guerriero, Harter, and Telesio PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three (3) minute time limit for individual speakers. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of July 5, 2006 R:\PLANCOMM\Agendas\2006\08-02-06.doc COMMISSION BUSINESS PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. New Items 2 Planninq Application No. PA06-0175. a request for a variance of an attached residential qaraqe expansion to encroach 20.2 feet into the required 25 foot setback. located at 31089 Pauba Road. Katie LeComte. Planninq Technician. 3 Planninq Application Nos. PA05-0176 and PA06-0118. a Tentative Tract Map and Development Plan '(Product Review). submitted by Randy Allison, to subdivide 3.71 acres within the Low Medium zoninq desiqnation into 13 lots with a minimum lot size of 7,200 square feet, for 10 detached sinqle-family homes ranqinq in size from 4.107 to 4.248 square feet, located on the north side of Rancho California Road, approximately 1,100 feet east of Meadows Parkway, Cheryl Kitzerow, Associate Planner. COMMISSIONERS' REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next regular meeting: Wednesday, August 16, 2006, 6:00 p.m., Council Chambers, 43200 Business Park Drive, Temecula, California. R:\PLANCOMM\Agendas\2006\08-02-06. rloc 2 ITEM #1 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION JULY 5, 2006 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on Wednesday, July 5, 2006, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Chairman Guerriero led the audience in the Flag salute. ROLL CALL Present: Absent: Commissioners: Carey, Chiniaeff, Telesio, and Chairman Guerriero Harter PUBLIC COMMENTS No public comments. CONSENT CALENDAR 1 Minutes RECOMMENDA TION: 1.1 Approve the Minutes of June 21,2006. MOTION: Commissioner Telesio moved to approve the Consent Calendar. Commissioner Chiniaeff seconded the motion and voice vote reflected approval with the exception of Commissioner Harter who was absent. PUBLIC HEARING ITEMS New Items 2 Plannina Application Nos. PA05-0395. PA05-0396. and PA05-0397. a Tentative Tract Map. Development Plan. and Conditional Use Permit. submitted by Lindsay Quackenbush representina DR Horton. for the development and construction of 292 condominium residential units includina 29 affordable housina units comprisina of 189 tri-plex units in 63 buildinas. 25 five-plex units in 5 buildinas. 78 six-plex units in 13 buildinas. located on the northeast corner of Pechanaa Parkway and Loma Linda Road. Principal Planner Hazen advised that the applicant requested additional time to prepare for the hearing; and therefore, staff would request that this project be continued to the August 2, 2006, Planning Commission hearing. R:\MinutesPC\070506 MOTION: Commissioner Chiniaeff moved to continue Item No. 2 to the August 2, 2006, Planning Commissioner hearing. Commissioner Telesio seconded the motion and voice vote reflected approval with the exception of Commissioner Harter who was absent. 3 Plannina Application No. PA05-0202. a Comprehensive Sian Proaram. submitted by John Clement representina VenturePointe. for Meadows Villaae Shoppina Center. located on the southeast corner of Rancho California Road and Meadows Parkway Per PowerPoint Presentation, Principal Planner Hazen provided a report (as per written record), highlighting on the following: . Signage Site Plan . Freestanding Center Sign . Freestanding Tenant Sign . Wall Signs . Other Signs . Under Canopy Signs . Blade Signs . Projecting Signs . Color Palette Environmental Determination . Revisions. In response to Commissioner Chiniaeff's query with regard to the east elevation of Building A and west elevation of Building H, Principal Planner Hazen stated staff would be desirous of murals depicting products of creative artwork. Remarking on Principal Planner Hazen's comment, Commissioner Chiniaeff stated that it would be his opinion that the elevations that front the street would be in need of enhancements rather than the elevations that would front the parking lot. Commenting on Commissioner Chiniaeffs concern, Principal Planner Hazen stated that it would be staff's opinion that once the landscaping is installed in the front of the buildings, combined with the landscaping along the street, the front elevations will not be as exposed. At this time, the public hearing was opened. Mr. John Clement, representing Venture Point Development, offered the following comments: . That the landscaping as shown on July 5, 2006, would not be indicative of the finished product . That the landscaping that will be installed will be exactly per the approved landscape plans; and that the applicant will be working with staff by going through the entire project. I n view of the fact that the southeast corner of Rancho California Road and Meadows Parkway would be a prominent location in the City, Commissioner Chiniaeff would be more agreeable to reducing the size of signage to fit the installation of larger trees rather than increasing the size of signage and having smaller trees; and noted that if the applicant would be desirous of larger signage then they should provide trees that would show some scale against larger signage. Concurring with Commissioner Chiniaeff, Chairman Guerriero advised that more landscaping should be planted. R:\MinutesPC\070506 2 In response to comments regarding landscaping, Mr. Clement noted that he understands the Commission's concerns and will go back and look at the plans. Addressing the westerly elevation of Building A, Mr. Clement noted the following: . That the signage will be the same proportion to fit exactly into the sign program . That the applicant will be working with staff with regard to the creative artwork for the bottom of elevations of Building A and H. A. Mr. Jim Chesney, Temecula, expressed traffic concerns. It was noted that Mr. Chesney would need to address the Public Traffic Safety Commission with regard to traffic issues. B. Ms. Celia Beltre, Temecula, expressed concern with lighting being exposed beyond the property site. In response to Ms. Beltre's concerns with regard to lighting, Principal Planner Hazen noted the following: . That all lighting on the property will not exceed beyond the property site . That there will not be a glare going on beyond the limit of the property site . That there will not be an increase in illumination . And that more landscaping will be installed on the fronts of the buildings of Rancho California Road. Ms. Beltre thanked the Commission for their comments. At this time, the public hearing was closed. Commissioner Chiniaeff suggested that staff explore the possibility of adding a mural to the bottom north elevation of Building B. MOTION: Commissioner Chiniaeff moved to approve staff recommendation subject to staff exploring the possibility of adding a mural to the bottom north elevation of Building B. Commissioner Carey seconded the motion and voice vote reflected approval with the exception of Commissioner Harter who was absent. PC RESOLUTION NO. 06-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0202, A COMPREHENSIVE SIGN PROGRAM FOR THE MEADOWS VILLAGE SHOPPING CENTER COMMISSIONERS' REPORTS No additional comments R:\MinutesPC\070506 3 PLANNING DIRECTOR'S REPORT No additional comments. ADJOURNMENT At 6:30 p.m., Chairman Guerriero formally adjourned to Wednesday. Julv 19. at 6:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. Ron Guerriero Chairman Debbie Ubnoske Director of Planning R\MinutesPC\070506 4 ITEM #2 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: August2,2006 PREPARED BY: Katie Le Comte TITLE: Planning Technician PROJECT DESCRIPTION: Planning Application No. PA06-0175 is a request for a variance for an attached residential garage expansion to encroach 20.2 feet into the required 25 foot setback at 31089 Pauba Road (APN 945-090-013) RECOMMENDATION: ~ Approve with Conditions D Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial CEQA: [8J Categorically Exempt (Section) (Class) 15301 1 Ex. Facilities o Notice of Determination (Section) o Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR G:\PJanning\2006\PA06-0175 Variance for 31089 Pauba Road\Planning\PC STAFF REPORT.doc 1 PROJECT DATA SUMMARY Name of Applicant: Lloyd and Karen Knight Date of Completion: July 8, 2006 Mandatory Action Deadline Date: August2,2006 General Plan Designation: (Low Density Residential) Zoning Designation: L-1 (Low Density Residential) Site/Surrounding Land Use: Site: Low Density Residential North: South: East: West: R (Public Park and Recreation) L-1 (Low Density Residential) L-1 (Low Density Residential) L-2 (Low Density Residential) Lot Area: 0.91 Acres Total Floor Area/Ratio: N/ A Landscape Area/Coverage: N/A Parking Required/Provided: N/A BACKGROUND SUMMARY Pauba Road is currently being widened at the project location. The Public Works Capital Improvement Project Division (CI P) is facilitating the project which is in conformance with the City's General Plan Circulation Element. The completion of the Capital Improvement Project for Pauba Road will necessitate that the driveway at the subject residence be relocated and the three-car garage reconfigured for a side entry, in order to provide safe ingress and egress from the site. To maintain a functional three-car garage it is necessary to add 7.6 feet to the existing structure 'facing Pauba Road. The existing garage already has a legal non-conforming setback of 12.4 feet and the garage addition will further reduce the setback to 4.8 feet. G:\Planning\2006\PA06-0175 Variance for 31089 Pauba Road\Planning\PC STAFF REPORT.doc 2 ANAL YSIS The applicant requests that the Planning Commission grant approval for a variance to authorize a 20.2 foot encroachment into the 25 foot required front yard set back along Pauba Road. A variance may be granted due to special circumstances that are applicable to the property including size, shape, topography location and surroundings, showing that the strict application of the code deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classifications. This property exhibits unique characteristics which are consistent with the findings contained within the Development Code to justify the need for a variance. The unique characteristics of the property are a direct result of factors imposed upon the parcel by the Pauba Road Widening Project. The completion of the widening of Pauba Road will prohibit complete access to the applicant's existing three-car garage, and pose a public safety hazard due to the unsafe ingress and egress from the existing driveway onto Pauba Road. Due to the internal structural design of the garage, it is not possible for the City to provide the owner with a reconfigured three-car garage without adding an additional 7.6 feet to the north side of the garage which faces Pauba Road. The garage addition and newly relocated driveway will not adversely impact any of the surrounding properties and will eliminate the public safety hazard which currently requires backing directly onto Pauba Road, while maintaining the functionality of the three-car garage. Failure to grant a variance will require that the applicant be denied a three car garage and the City will need to compensate the property owners for this loss. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed Project has been deemed to be categorically exempt from further environmental review under Section 15301, Class 1 (Existing Facilities). CONCLUSION/R ECOMM EN DATION 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 adopt a Resolution approving the variance with the attached Conditions of Approval. FINDINGS Variance (17.04.040 F) 1 . There are practical difficulties and unnecessary hardships created by strict application to the code due to physical circumstances and characteristics of the property that are not shared by other properties in the zone. There are difficult and unnecessary hardships created by the strict application ot the code due to unique physical characteristics and circumstances ot the property itself. Prior to the commencement ot the widening ot Pauba Road to its ultimate right-ot-way, G:\Planning\2006\PA06-0175 Variance for 31089 Pauba Road\Planning\PC STAFF REPORT.doc 3 the applicant had complete access to the existing three car garage onsite. The existing garage structure was approved under county jurisdiction, and currently holds legal non- conforming status, as it does not currently meet the Development Code requirements for front yard setbacks. Strict application of the current Development Code standard of 25 feet for front yard setbacks poses a practical difficulty and unnecessary hardship in that they applicant will no longer have full access to the existing three car garage after the completion of the Capital Improvement Project for Pauba Road. Additionally, the widening of Pauba Road to its ultimate right-of-way is consistent with the General Plan's Circulation Element. 2. The circumstances and characteristics for the variance were not created by the applicant. The circumstances and characteristics for the variance were not created by the applicant. The Capital Improvement Project for the widening of Pauba Road, in conjunction with the County approved ultimate right-of-way line, has resulted in unique circumstances and characteristics not created by the applicant. As a result of the road improvements, the existing driveway will be relocated to eliminate an unsafe access point. 3. The variance does not grant special privileges which are not otherwise available to the surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity. The granting of the variance does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity. The granting of the variance will help maintain the public welfare and ensure public safety. Reconfiguring the existing garage and allowing the proposed garage addition to encroach into the required front yard setback will ensure that the applicant is not backing up from the garage straight onto a major arterial road. Therefore, any threat to public safety and welfare due to the unsafe relationship between the major arterial and the applicant's driveway approach will be minimized. Furthermore, the variance is not anticipated to have a negative impact upon the welfare and safety of property or persons in the surrounding area. 4. The variance places suitable conditions on the property to protect surrounding properties. It is not probable that the variance will have any adverse effects on the surrounding properties therefore suitable conditions are not necessary to maintain the quality of life and public health, safety and general welfare of the surrounding properties. 5. The variance does not permit uses which are not otherwise allowed in the zone. The granting of the variance does not permit uses which are otherwise allowed in the zone. The variance is for an existing residence located in the Low Density Residential Zone (L-1) and is consistent with the current allowable land uses in this zoning district. G:\Planning\2006\PA06-0175 Variance for 31089 Pauba Road\Planning\PC STAFF REPORT.doc 4 ATTACHMENTS 1 . Vicinity Map - Blue Page 6 2. Aerial Map - Blue Page 7 3. Plan Reductions - Blue Page 8 4. PC Resolution 06-_ - Blue Page 9 Exhibit A - Draft Conditions of Approval G:\Planning\2006\PA06-0175 Variance for 31089 Pauba Road\Planning\PC STAFF REPORT.doc 5 ATTACHMENT NO.1 VICINITY MAP G:\Planning\2006\PA06-0175 Variance for 31089 Pauba Road\Planning\PC STAFF REPORT.doc 6 \ / '\)/ /" ~\4<~~ ~ ~(y _~_~~G -----PAUBA-RO \ \ --..-...------------- ; i / / / / I ATTACHMENT NO.2 AERIAL MAP G:\Planning\2006\PA06-0175 Variance for 31089 Pauba Road\Planning\PC STAFF REPORT.doc 7 City of Temecula I PA06-0175 I o I 230 460 920 1,380 I Feet ./ '/ . . N , - \ This map was made by the City at T emecula Geographic Information System. The map is derived from base data produced by the Riven;ide County Assessor's Department and the Tlansportalion and Land Management Agency of Riverside County. The aty at T emecula assumes no warranty or legal responsibility for the information contained on this map. Data and information represented on this map are subject to update and modfication. The Geographic Information System and other SOll'ces should be queried for the most current information, This map is not for reprint or resale. ,~!_,: ':' ," l ," _, 'I f" " ' R:\GIS\kelli\arcmapJlroj\planning map sets\pa06-0175.mxd ATTACHMENT NO.3 PLAN REDUCTION G:\Planning\2006\PA06-0175 Variance for 31089 Pauba Road\Planning\PC STAFF REPORT.doc 8 "r ' .: -- ~ Cf PAUBA ROAD 6' HIGH eX.. RET. WALL \ \ , \ \ , \ \ \ 1M \ \ PROPOSED DRIVEWAY \ \ \ \ \ \ \ \ \ \ \ CITY OF TEMECULA OEPARTI1ENT OF PUBLIC WORKS RECORD OWNER: LLOYD KNIGHT 31089 PAUBA ROAD TEHECULA, CA. 9259i PREP AREO BY, CITY OF TEt1EClfLA PUBLIC WORKS DRAWN BY: C. VLAHOS n J..,..,- ",.. " ~ 1-'" "' SITE MAP ~ -..J ~' ~ J.-: lZ ~ <i) i:) >- ~ ::s:. Q: ~ ~ , C) ~ Q.. - Cf) ~ .S -x: ~ ~ "\:) ~ -2 ~ ""'C ~E - t:l ~<.o c::~ Cbt--..:: f: , .~<.o t)CJ tS~ ~& -~ V)Q ~~ 3~ ATTACHMENT NO.4 PC RESOLUTION 06-_ G:\Planning\2006\PA06-0175 Variance for 31089 Pauba Road\Planning\PC STAFF REPORT.doc 9 PC RESOLUTION NO. 06- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0175 A VARIANCE TO ALLOW FOR AN ATTACHED RESIDENTIAL GARAGE EXPANSION TO ENCROACH 20.2 FEET INTO THE REQUIRED 25-FOOT SETBACK AT 31089 PAUBA ROAD Section 1. On June 8, 2006 the City of T emecula, filed Planning Application No. PA06-0175, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. Section 3. The Planning Commission, at a regular meeting, considered the Application and environmental review on August 2, 2006 at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. Section 4. At the conclusion of the 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. Section 5. Alllegai preconditions to the adoption of this Resolution have occurred. Section 6. That the above recitations are true and correct and are hereby incorporated by reference. Section 7. Findinqs. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 17.04.040 F. A. There are practical difficulties and unnecessary hardships created by the strict application to the code due to physical circumstances and characteristics of the property that are not shared by other properties in the zone; There are difficult and unnecessary hardships created by the strict application ot the code due to unique physical characteristics and circumstances of the property itself. Prior to the commencement of the widening of Pauba Road to its ultimate right-ot-way, the applicant had complete access to the existing three car garage onsite. The existing garage structure was approved under county jurisdiction, and currently holds legal non- conforming status, as it does not currently meet the Development Code requirements for front yard setbacks. Strict application of the current Development Code standard of 25 feet for front yard setbacks poses a practical difficulty and unnecessary hardship in that they applicant will no longer have full access to the existing three car garage after the completion of the Capital Improvement Project for Pauba Road. Additionally, the widening of Pauba Road to its ultimate right-of-way is consistent with the General Plan's Circulation Element. G:\Planning\2006\P A06-0 17 5 Variance for 31089 Pauba Road\Planning\PC RESOLUTION ,doc 1 B. applicant; The circumstances and characteristics for the variance were not created by the The circumstances and characteristics for the variance were not created by the applicant. The Capital Improvement Project for the widening of Pauba Road, in conjunction with the County approved ultimate right-of-way line, has resulted in unique circumstances and characteristics not created by the applicant. As a result of the road improvements, the existing driveway will be relocated to eliminate an unsafe access point. C. The variance does not grant special privileges which are not otherwise available to the surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity; The granting of the variance does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity. The granting of the variance will help maintain the public welfare and ensure public safety. Reconfiguring the existing garage and allowing the proposed garage addition to encroach into the required front yard setback will ensure that the applicant is not backing up from the garage straight onto a major arterial road. Therefore, any threat to public safety and welfare due to the unsafe relationship between the major arterial and the applicant's driveway approach will be minimized. Furthermore, the variance is not anticipated to have a negative impact upon the welfare and safety of property or persons in the surrounding area. D. properties; The variance places suitable conditions on the property to protect surrounding It is not probable that the variance will have any adverse effects on the surrounding properties therefore suitable conditions are not necessary to maintain the quality of life and public health, safety and general welfare of the surrounding properties. E. The variance does not permit special uses which are not otherwise allowed in the zone; The granting of the variance does not permit uses which are otherwise allowed in the zone. The variance is for an existing residence located in the Low Density Residential Zone (L -1) and is consistent with the current allowable land uses in this zoning district. Section 8. Environmental Compliance. A Notice of Exemption for Planning Application No. PA06-0175 was made per the California Environmental Quality Act Guidelines Section 15301 (Existing Facilities, Class 1). The proposed project consists of minor alterations to an existing structure that does not exceed 50 percent of the floor area before the addition to the garage. Section 9. Conditions. The Planning Commission of the City of T emecula approves the Application PA06-0175, 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. G:\Planning\2006\PA06-0175 Variance for 31089 Pauba Road\Planning\PC RESOLUTION. doc 2 Section 10. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2nd day of August 2006. Ron Guerriero, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 06- was duly and regularly adopted by the Planning Commission of the City of T emecula at a regular meeting thereof held on the 2nd day of August 2006, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\2006\P A06-0 175 Variance for 31089 Pauba Road\Planning\PC RESOLUTION .doc 3 EXHIBIT A DRAFT CONDITIONS OF APPROVAL G:\Planning\2006\PA06-0175 Variance for 31089 Pauba Road\Planning\PC RESOLUTION.doc 4 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA06-0175 Project Description: A request for a variance to allow for an attached residential garage expansion to encroach 20.2 feet into the required 25 foot setback at 31089 Pauba Road Assessor's Parcel No. 945-090-013 Approval Date: August 2, 2006 PLANNING DEPARTMENT Within 48 hours of the Approval of this Project 1. The applicant/developer shall deliver to the Planning Department a cashier1s check or money order made payable to the County Clerk in the amount of Sixty-four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developer has not delivered to the Planning Department 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 shall sign both copies of the final conditions of approval that will be provided - - by tne Planning DepartmemfstaJf,-ana return one-signed set to the -Planning Department for their files. 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. The permittee shall obtain City approval for any modifications or revisions to this approval. G:\Planning\2006\PA06-0175 Variance for 31089 Pauba Road\Planning\Draft COAs.doc 1 5. The development of the premises shall substantially conform to the approved site plan contained on file with the Planning Department. Prior to Issuance of Grading Permits 6. 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." 7. The property owner shall obtain a building permit for any new construction taking place onsite. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name G:\Planning\2006\PA06-0175 Variance for 31089 Pauba Road\Planning\Draft COAs.doc 2 ITEM #3 DATE OF MEETING: PREPARED BY: PROJECT DESCRIPTION: RECOMMENDATION: CEOA: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION August 2,2006 Cheryl Kitzerow TITLE: Associate Planner Planning Application No. PA05-0176, submitted by Randy Allison, is a Tentative Tract Map (No. 33630) to subdivide 3.71 acres within the Low Medium zoning designation into 13 lots (10 single-family units) with a minimum lot size of 7,200 square feet. In conjunction, Planning Application No. PA06-0118, is a Development Plan (Product Review) for 10 detached single- family homes ranging in size from 4,107 to 4,248 square feet. The project site is located along the north side of Rancho California Road, approximately 1,100 feet east of Meadows Parkway Plan 1, two-story 4,248 square feet (6 units) Tuscan (3 units) Spanish (3 units) Plan 2, two-story 4,107 square feet (4 units) Tuscan (2 units) Spanish (2 units) ~ Approve with Conditions D Deny D Continue for Redesign D Continue to: D Recommend Approval with Conditions D Recommend Denial ~ Categorically Exempt (Section) (Class) o Notice of Determination (Section) D Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\PC STAFF REPORT draft,doc 1 15332, I nfill Development PROJECT DATA SUMMARY Name of Applicant: Randy Allison Date of Completion: April 26, 2006 Mandatory Action Deadline Date: August 2, 2006 General Plan Designation: LM - Low Medium Residential Zoning Designation: LM - Low Medium Residential Site/Surrounding Land Use: Site: Existing Single Family Residence and associated accessory structures to be demolished North: South: Existing Single Family Residences (LM zoning designation) Vintage Hills, Existing Single Family Residences across Rancho California Road (SP-3 zoning) Chardonnay Hills, Existing Single Family Residences (SP-3 zoning) Temeku Hills-Vineyards, Existing Single Family Residences (SP-3 zoning) East: West: Lot Area: 3.71 gross / 3.18 net Total Floor Area/Ratio: N/A Landscape Area/Coverage: N/A Parking Required/Provided: 2 covered spaces per unit BACKGROUND SUMMARY Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANAL YSIS Tentative Tract Map The Tentative Tract Map (No. 33630) is a request to subdivide 3.71 acres into 13 parcels, including ten residential lots and three open space lots. Lots range in size from 7,740 square feet to 14,983 square feet, with an average lot size of 10,353 square feet. The proposed project density is 2.7 du/acre which is consistent with the City's General Plan (3-6 du/acre). G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\PC STAFF REPORT draft,doc 2 Per the requirements of the Subdivision Ordinance (Section 16.03.060.A), only one point of access is proposed since there are less than 35 homes. Access is proposed via public street 'A', a cul-de-sac extending oft of Rancho California Road. Residential lots will take access off the cul-de-sac. Lot 8 is proposed as a flag lot. Due to the topography and shape of the project site, staff is in support of the proposed lot layout. All proposed access conforms to the Subdivision Ordinance. The site slopes upward from Rancho California Road, and at its highest point, will have a maximum grade difference of 20 feet above Rancho California Road. Lots 12 and 13 include open space perimeter slopes, with a 15-foot 2:1 manufactured slope along the roadway. This slope area will be landscaped and maintained by the project Homeowner's Association. A Noise Study was prepared for the project to analyze noise impacts from Rancho California Road. The study indicated that with the proposed six-foot high perimeter wall at Lots 1, 8 and 10 (along the top of the slope), noise levels will be reduced below the 65 dBA maximum threshold required by the General Plan. The proposed Tentative Tract Map is consistent with the Development Code, Subdivision Ordinance, and General Plan. Residential Home Product Review Development Plan The project proposes two floor plans and two architectural styles to be plotted on the ten-lot subdivision. The architectural styles include Tuscan and Spanish styles which are consistent with the Citywide Design Guidelines for Single Family Residential uses. The proposed project includes two-story elevations that incorporate one-story elements. In conformance with the Design Guidelines, the second story does not exceed 800/0 of the first floor square footage and is set back at the front facade. The proposed units include well pronounced front entries with the use of covered and/or arched entries. Varied unit entry is provided, which achieves a variation in the streetscape that is encouraged in the Design Guidelines. The units provide adequate articulation in roof forms and offsets to reduce massing and the elevations are visually broken up with offset stories, changes in materials, and/or sloping roof lines. The applicant has provided specific details, which are unique to each style proposed on each elevation, including window types, window and door trim, garage door design including windows, materials such as wrought iron details, stone, shutters and the overall silhouette. The various materials and features proposed include the following for each architectural style: . Spanish Colonial: Stucco finish, full US" concrete roof tiles, covered and arched entryways, wrap around front porch, 5: 12 roof pitch, wrought iron details, decorative clay outlookers, arched window lights on garage doors, multi-paned windows, window trim and shutters, arched and recessed window surrounds, and decorative chimney caps. · Tuscan: Stucco finish, full US" concrete roof tiles, stone accents, wrap around front porch, 5:12 roof pitch, multi-paned windows, window trim and shutters, and decorative chimney caps. G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\PC STAFF REPORT draft.doc 3 The project includes variation in both building materials and colors which help to provide variation and interest, as well as break up the massing of two-story units. Each of the proposed elevation styles provide two color schemes, which will result in four compatible color schemes for the development. Roof materials are compatible with the elevation style and complement the primary building colors. The proposed product placement conforms with the Residential Design Guidelines. Units have been plotted to avoid repetition in plan and elevation type, which creates an interesting and varied streetscape. In addition, unit design incorporating a side-loaded garage reduces the dominance of three-car garages visible from the street, as recommended in the Design Guidelines. Staff feels that with the attached Conditions of Approval, the project exceeds the design requirements of Citywide Design Guidelines. The project includes two floor plans, two elevations and four compatible color schemes to achieve a varied streetscape. Units will not be visible from Rancho California Road due to topography. The proposed elevations achieve the overarching design principle stated in the Design Guidelines to create a street scene with strong character as well as function and visual variety. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review. A Notice of Exemption per Class 32, Infill Development will be filed. CONCLUSION/RECOMM ENDA TION Staff has determined that this project is consistent with the General Plan, Development Code, Design Guidelines, and Subdivision Ordinance and recommends approval based on the following findings and subject to the attached Conditions of Approval. FINDINGS Tentative Tract Map (Section 16.09.140 of the Temecula Municipal Code) 1 . The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, and the City of Temecula Municipal Code. Tentative Tract Map No. 33630 is consistent with the General Plan, Subdivision Ordinance, Development Code, and Municipal Code because the project has been designed in a manner that it is consistent with the policies and standards in the General Plan, Subdivision Ordinance, Development Code, and 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. The proposed land division is not land designated for conservation or agricultural use and has never been entered into any Williamson Act Contracts. G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\PC STAFF REPORT draft.doc 4 3. The site is physically suitable for the type and proposed density of development proposed by the Tentative Map. The project consists of a 13-lot Tentative Tract Map on property designated for residential uses, which is consistent with the development standards for Low Medium Zoning District. 4. The design of the proposed subdivision and the proposed improvements, with appropriate Conditions of Approval, is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed project is not located near a creek, wetlands, or habitat subject to environmental review. The project consists of a Tract Map on property designated for residential uses, which is consistent with the General Plan, as well as the development standards for the Low Medium Density Residential zoning designation. The project has been reviewed subject to CEQA and has been determined to be exempt subject to CEQA Section 15332, Infill Development. 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 and Building Departments. As a result, the project will be conditioned to address their concerns. Further, provisions are made in the General Plan and 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 any structures the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code. 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 Tract 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 proposed project will be conditioned to comply with Quimby fees. G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\PC STAFF REPORT draft.doc 5 Development Plan (Code Section 17.05.01 OF) 1. The proposed use is in conformance with the General Plan for T emecula and with all applicable requirements of State law and other ordinances of the City. The proposed single-family homes are in conformance with the Low Medium land use designation of the General Plan. The project density of 2.7 dwelling units per acre is also within the 3-6 dwelling units per acre for this land use designation. The project design and architecture is consistent with the City's Development Code and Design Guidelines. The site, 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 California 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. The overall design of the single-family project, including the site layout, architecture, 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 . Vicinity Map - Blue Page 7 2. Plan Reductions - Blue Page 8 3. PC Resolution 06-_ (Tentative Tract Map) - Blue Page 9 Exhibit A - Draft Conditions of Approval 4. 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".. -.. - .:.;. t~~'J'..-;t'L PQ :~~~~~"~~' ~OZ~~ ~.~:NO >JSE_oe.~Ql'!!l1lON ~~'iJlNO~ : ~ ,:' , IoJ<C) ZON'NG ~C'ft ;~C$ ~~.~- -~~.;:::~.'. ~ l..Ai'O 1M ~lC;>Ta .:::7::~., ~l:.. .- : :~z~~~.:.. ~'mt'-.. ;~ I ,- , PROVEC . sm: J)., ,1 i'!')" . 0 VIC!~ITY. MAP '--'~:;~~~~~:-u~':_ i ..:. .:.' .,.~,9:. ~3630 :~':~.t " ... i ':~-:~7~'~ ,R~C" "r,,~~~~ _11.~' ~. i ~; i . J l: ~: ~::2: I ~ m;, f;f= ($::1 en'. Ii' . i" ~; ~~~ : ff~t ,. ~~~! L! : A ,':' ~ '~~: (") ",!;I ~:'!' "~. I!:!l: d ~,~.: '. i ' , Q' ;~s ~ z '~ ~\ 71;' " ' > :~j, 0 ':,( ~I ,," ~ {)~ <! [ " I 2~' " g:,,;'i,', , _ _ _ "-_en. ' '~ ~~~;:I :.1 o ("') ~ :"1: o ~ ~ ~;:; Z ~ r ~, , ~ 0:[.' i !,' 0-0 ~r'- b"'~l <( g g ,I;,. ~ ~:i~' 8 2 8 .. ~ ;': "i ;I-~ Ii: ~i.':~ ~Offi ~ @;'/ ~<(~ ~i -''' cr: -' ",' I- ~ ~~ w; ~2 ;;. ;::: ~ ~i .: 1-0 <(~ I-~ Z W I- ~; ~ ~ !f' . ' 2' ~~:' ~: " r.:. t!;{ 2 I!" ::,.1, f':'1 .,'1 ~ 0 ' ~,.,. ,', , 1""'1-": :'!;::'~~ p p ,,(" .,..., . :. ~:: ~.. ,~ ..' :,;:'" . ~ :;>.'. ,r ~"['T ~,~.. !.." ~,. 9......: ~ ": I " 'f W ' () w . ...J .- " ' . ;. I ~ : , ..1 ; "It., 'J;~' ~ , , ; : I ,~ " I 'I 1.. I !! : )1< I ' ,I ~..:: 19..' k" ,i, ~;{I ~! ~: :I ;:1: tril! ~;:~~ ~::.. 8: ii~-~' -' ... '~L.'~ ~~.~ - . :.. "'.:,, r' ~,~ Lt-;: - ~ ............y.....~ y . ' :~' !.'t Y I' ,'Il ~ _ .._.....IJ~: ! '1," ~. I '. . i : ( ; ! I' · :, '~\' l- t ltl, " .~: " ~ 0--- " ,J~ J .... I I ': J ~~n~x, Allison Dote: 06/'4/06 Scale: As Noted t.O I ,...... J ~ 4'-6" FRONT ELEVATION 3d RESAWN 6X8 RESAWN 6X6 POST U.S, POSTAL SERVICE APPROVED MAIL RECEPTACLE MAILBOX STRUCTURE 3' SIDEWALK ~ SIDE ELEVATION "TEMECULA 10" Temecula. Ca Kevin L. Crook Architect, Inc, IJp6~~"~~'(:~d~.::~ ~E: f;;'~~ ~~ :::~. ____"__110___...___.__ __....__._..__...... -..-...---....--.. .......--.--........-............--..- ATTACHMENT NO.3 PC RESOLUTION 06-_ TENTATIVE TRACT MAP G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\PC STAFF REPORT draft.doc 9 PC RESOLUTION NO. 06- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0176, TENTATIVE TRACT MAP NO. 33630 TO SUBDIVIDE 3.71 ACRES INTO 13 LOTS (10 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS) WITHIN THE LOW MEDIUM ZONING DISTRICT Section 1. On June 9, 2005, Randy Allison, filed Planning Application No. PA05- 0176, Tentative Parcel Map 33630 in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. Section 3. The Planning Commission, at a regular meeting, considered the Application and environmental review on August 2, 2006, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. Section 4. At the conclusion of the 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. Section 5. All legal preconditions to the adoption of this Resolution have occurred. Section 6. That the above recitations are true and correct and are hereby incorporated by reference. Section 7. Findinqs. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 16.09.040 of the Development Code. A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, and the City of Temecula Municipal Code; Tentative Tract Map No. 33630 is consistent with the General Plan, Subdivision Ordinance, Development Code, and Municipal Code because the project has been designed in a manner that it is consistent with the policies and standards in the General Plan, Subdivision Ordinance, Development Code, and Municipal Code. B. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965; 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; G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\PC Resolution.dotI The project consists of a 13-lot Tentative Tract Map on property designated for residential uses, which is consistent with the development standards for Low Medium Zoning District. D. The design of the proposed subdivision and the proposed improvements, with appropriate Conditions of Approval, is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; The proposed project is not located near a creek, wetlands, or habitat subject to environmental review. The project consists of a Tract Map on property designated for residential uses, which is consistent with the General Plan, as well as the development standards for the Low Medium Density Residential zoning designation. The project has been reviewed subject to CEQA and has been determined to be exempt subject to CEQA Section 15332, Infill Development. 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 and Building Departments. As a result, the project will be conditioned to address their concerns. Further, provisions are made in the General Plan and 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 any structures the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code. 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 Tract 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 proposed project will be conditioned to comply with Quimby fees. Section 8. Environmental Compliance. A Notice of Exemption will be filed in accordance with CEQA Section 15332, Infill Development. G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\PC Resolution,dot2 Section 9. Conditions. The Planning Commission of the City of T emecula approves the Application PA05-0176, 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 10. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2nd day of August 2006. Ron Guerriero, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the T emecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 06- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of August 2006, by the following vote: A YES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Plamung\PC Resolution,dot3 EXHIBIT A DRAFT CONDITIONS OF APPROVAL G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\PC Resolution.dot4 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA05-0176 Project Description: A Tentative Tract Map to subdivide 3.71 acres within the Low Medium zoning designation into 13 lots (10 single- family units) with a minimum lot size of 7,200 square feet, located along the north side of Rancho California Road, approximately 1,100 feet east of Meadows Parkway Assessor's Parcel No.: 953-090-028 MSHCP Category: Single Family Residential DIF Category: Residential Detached TUMF Category: Single Family Residential Approval Date: August 2, 2006 Expiration Date: August 2, 2009 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer shall deliver to the Planning Department a cashier1s check or money order made payable to the County Clerk in the amount of Sixty-four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP.doc 1 GENERAL REQUIREMENTS G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP.doc 2 Planning Department 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, 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. A Homeowners Association may not be terminated without prior City approval. Public Works Department 6. 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. 7. 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. 8. 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. 9. 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 2411 x 3611 City of Temecula mylars. 10. The proposed access on Rancho California Road shall be restricted to a right in/right out movement. Fire Prevention 11. 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. G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP.doc 3 12. The Fire Prevention Bureau is required to set a minimum fire flow for residential/and 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 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). 13. 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. 14. 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). 15. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches (CFC 902.2.2.1 and Ord 99-14). 16. 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). 17. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC 902.4). Community Services Department 18. The landscape plans for the median on Rancho California Road shall be in conformance with the "Temecula Community Services District Park Land and landscape Dedication Process." A pre-design meeting shall be scheduled with the Maintenance Superintendent. 19. Construction of the proposed TCSD maintained landscape median shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. 20. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the landscaped median until such time as those responsibilities are accepted by the TCSD or other responsible party. 21. Open space lots 11, 12 and 13 shall be owned and maintained by an established HOA. 22. The developer shall be subject to the Public Art Ordinance. 23. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction and demolition debris. G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP.doc 4 PRIOR TO ISSUANCE OF GRADING PERMITS G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP.doc 5 Planning Department 24. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/const.ruction 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." 25. A copy of the rough grading plans shall be submitted and approved by the Planning Division, 26. Prior to the issuance of grading permits, the developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the Project, as well as provisions for tribal monitors. 27. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. 28. A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. 29. Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer. 30. The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the Project area, to the Pechanga Tribe for proper treatment and disposition. 31. All sacred sites are to be avoided and preserved. Public Works Department 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 G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP.doc 6 b. Planning Department c. Department of Public Works 33. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of T emecula 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 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. 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. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion & Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. 38. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number (WOlD) issued by the State Water Resources Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. 39. 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. 40. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. G:\PJanning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP.doc 7 41. 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. 42. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. 43. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP.doc 8 PRIOR TO RECORDATION OF THE FINAL MAP G:\Planning\2005\PA05-0176 Tentative Tr:]ct Map 33630\Planning\Draft COAS-TENT MAP.doc 9 Planning Department 44. The following shall be submitted to and approved by the Planning Division: a. A copy of the Final Map. b. A copy of the Environmental Constraint Sheet (ECS) with the following notes: i. This property is located within 30 miles of Mount Palomar ObseNatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar ObseNatory recommendations, Ordinance No. 655. c. A copy of the Covenants, Conditions, and Restrictions (CC&R's): i. CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. ii. The CC&R's shall be prepared at the developer's sole cost and expense. iii. The CC&R's shall be in the form and content approved by the Planning Director, City Engineer and the City Attorney and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and it's residents. iv. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Public Works Departments and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. v. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and facilities. vi. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. vii. The CC~(H's shall provide that the association may not be terminated without prior City approval. viii. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptJy reimbursed. ix. Every owner of a suite or lot shalJ own as an appurtenance to such suite or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. x. All open areas and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Public Works Department prior to the issuance of building permits. G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP.doc 10 45. No lot or suite in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's, which shall include compulsory membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 46. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and secu rities posted: 47. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District d. City of Temecula Fire Prevention Bureau e. Planning Department f. Department of Public Works g. Community Services District h. Southern California Edison Company i. Southern California Gas Company 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 Rancho California Road (Arterial Highway Standards - 110' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and raised landscaped median from Riesling Court to Chardonnay Hills. b. Improve Street "A" (Local Road Standards - 60' R/W) to include dedication of full- width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP.doc 11 c. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. 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 0.501<, minimum over P .C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City Standard Nos. 207, 207A and/or208. 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 Nos. 400 and 401. e. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. f. Minimum centerline radii shall be in accordance with City Standard No. 113. 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 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. j. All utilities, except electrical lines rated 34kv or greater, shall be installed underground. 50. 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. 51. Relinquish and waive right of access to and from Rancho California Road on the Final Map with the exception of one opening as delineated on the approved Tentative Tract Map. 52. 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. 53. 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. 54. Any delinquent property taxes shall be paid. 55. 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. G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP.doc 12 56. 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. 57. 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. 58. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 59. 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. 60. 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 IIdrainage easements shall be kept free of buildings and obstructions.1I Fire Prevention 61. 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 Department 62. The open space lots 11, 12 and 13 shall be dedicated to the established HOA for ownership and maintenance purposes. 63. The developer shall satisfy the City's park land dedication requirement through the payment of in-lieu fees equal to .14 acres of park land, based upon the City's then current appraised park land valuation. 64. The landscape construction drawings for landscaped median on Rancho California Road shall be reviewed and approved by the Director of Community Services. 65. The developer shall post security and enter into an agreement to improve the landscaped median on Rancho California Road. G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP.doc 13 66. The developer shall file a notice of intention with the T emecula Community Services District to initiate election proceedings for acceptance of residential street lights into the respective TCSD maintenance program. All costs associated with this process shall be borne by the developer. 67. TCSD shall review and approve the CC&R's. G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP.doc 14 PRIOR TO ISSUANCE OF BUILDING PERMIT G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP.doc 15 Planning Department 68. A Development Plan for Home Product Review shall be reviewed and approved by the Planning Department (PA06-0118). Public Works Department 69. Final Map shall be approved and recorded. 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 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. 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. Fire Prevention 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). Community Services Department 75. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 76. Prior to the installation of street lights or issuance of building permits, whichever occurs first, the developer shall file an application, submit approved Southern California Edison street light plans and pay the appropriate fees to the TCSD for the dedication of street lights into the appropriate TCSD maintenance program. G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP,doc 16 PRIOR TO RELEASE OF POWER G:\Planning\2005\PA05-0176 Tentative T.-act Map 33630\Planning\Draft COAS-TENT MAP.doc 17 Community Services Department 77. The landscaped median shall be installed including a 90-day maintenance period and accepted by TCSD. G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP.doc 18 ..... PRIOR TO CERTIFICATE OF OCCUPANCY G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP.doc 19 Public Works Department 78. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP have been constructed and installed in conformance with approved plans and are ready for immediate implementation. 79. 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 80. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 81. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 82. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. Fire Prevention 83. 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). Community Services Department 84. The developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 85. It shall be the developer's responsibility to provide written disclosure of the existence or TCSD and its service level rates and charges to all prospective purchasers. G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP.doc 20 OUTSIDE AGENCIES G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP.doc 21 86. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated June 28, 2005, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 87. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated May 31,2005, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Signature Date Applicant's Printed Name G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\Planning\Draft COAS-TENT MAP.doc 22 WARREN D. WILLIAMS General Manager-Chief Engineer 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 951.788.9965 FAX 51180.1 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of Temecula Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention: U_~T f>\~~tL::S \. ,. " ....:r.. .., ) . .......... "'\)A,'6,':~':;.,~\1". ~ I..,.-r-l'--\. 3S~ '70 Ladies and Gentlemen: Re. f.<-:'!; ".:> L \ ' ~ _ 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. District comments/recommendations for such cases are normally limited to items of specific interest to the District induding 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 approva or enqorsement of the proposed project With respect to flood hazard, public health and safety or any other suct; Issue:' . . No comment. This. project would not be impacted .by District Master Drainage Plan facilities nor are other facilities of regionallnterest 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 insp~ction will be required for District acceptance. Plan check, inspection and administrative fees will be required. This project proposes channels, storm drains 36 inches or larger in diameter or other facilities that could be conSidered regional in nature and/or a logical extension of the adopted Master Drainage Plan. The District would consider accepting ownership of such faCilities 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. . ~ This project is located within the limits of the District's M\A~f~ tJI\. c~~'~ - T1'?M.t::c.LlLP-- .Jf\\,lFYArea Drainage Plan for which drainage fees have been adopted; app lcable fees should be paid by cashier's check or money order only to the FloOd Control District or City pnor to final approval of the project, or in the case of a parcel map or subdivision prior to recordation of the final map. Fees to be paid should be at the rate in effect at the time of recordation, or if deferred, at the time of issuance of the actual permit. X An encroachment permit shall be obtained for any construction related activities occurring within District right of way or facilities. For further information, contact the District's encroachment permit section at 951.955.1266. ~ecL\(""'" ~14.).,~-< - \'-0,.1", ~~~ ~~S I-t ~,J#-L- GENERAL INFORMATION This project may re~uire a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for gradingJ recorClation} or other final approval should not be given until the City has determined that the project has been grantea a permit or IS shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should require tile appli~nt to provide all studies calculations, plans' and other Infonnation reguired to meet FEMA 'requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior fo 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 Pennit from the U.S. Army' Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be . required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 pennit. Very truly yours, ~~ c: Riverside County Planning Department Attn: David Mares ~ ARTURO DIAZ Senior Civil Engineer Date: 6.-~8- Cl5 (@ Rancho Water Board of Directors Csaba F. Ko President Ben R. Drake Sr. Vice President Stephen J. Corona Ralph H. Daily Lisa D. Herman John E. Hoagland Michael R. McMillan Officers: Brian J. Brady General Manager Phillip 1.. Forbes Director of Finance-Treasurer E.P_ ''Bob" Lemons Director of Engineering Perry R. Louck Director of Planning Jeff D. Armstrong Controller May 31, 2005 Case Planner City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TENTATIVE TRACT MAP NO. 33630 PARCEL NO.1 OF PARCEL MAP NO. 22554 APN 953-090-028 [RANDY ALLISON] To Whom It May Concern: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off- site water facilities and the completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Linda M. Fregoso W .1 b'l' Id b' h . . District Secretary/Administrative ater aval a I Ity wou e contIngent upon t e property owner slgrung an Services Manager Agency Agreement that assigns water management rights, if any, to RCWD. C. Michael Cowett Best Best & Krieger LLP General Counsel If you should have any questions, please contact an Engineering Services Representative at this office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT -mJfl~. I ~i~aeI G. Meyerpeter, P.E. Development Engineering Manager 05\MM:ac 1 OO\FEG 41~.(C1:~A ~ WATER ~ DISTRICT ~ Servi"l( T"","cu/aIMu_ra l&lIry Sinc% 1965 c: Laurie Williams, Engineering Services Supervisor Rancho California Water District 42135 Winchester Road . Post Office Box 9017 · Temecula, California 92589-9017 · (951) 296-6900 · FAX (951) 296-6860 ATTACHMENT NO.4 PC RESOLUTION 06-_ DEVELOPMENT PLAN G:\Planning\2005\PA05-0176 Tentative Tract Map 33630\PJanning\PC STAFF REPORT draft.doc 10 PC RESOLUTION NO. 06- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0118, A DEVELOPMENT PLAN FOR RESIDENTIAL PRODUCT REVIEW ASSOCIATED WITH TENTATIVE TRACT MAP NO. 33630 TO DEVELOP 10 SINGLE-FAMILY HOMES RANGING IN SIZE FROM 4,107 TO 4,248 SQUARE FEET Section 1. On April 26, 2006, Randy Allison, filed Planning Application No. PA06- 0118, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. c Section 3. The Planning Commission, at a regular meeting, considered the Application and environmental review on August 2, 2006, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. Section 4. At the conclusion of the 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. Section 5. All legal preconditions to the adoption of this Resolution have occurred. Section 6. That the above recitations are true and correct and are hereby incorporated by reference. Section 7. Findinas. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 17.05.010F of the Development 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 homes are in conformance with the Low Medium land use designation of the General Plan. The project density of 2.7 dwelling units per acre is also within the 3-6 dwelling units per acre for this land use designation. The project design and architecture is consistent with the City's Development Code and Design Guidelines. The site, 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 California Environmental Quality Act (CEQA), and fire and building codes. G:\Planning\2006\PA06-0118 Temecula 10 - Home Product Review\Planning\PC Resolution.dot 1 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 single-family project, including the site layout, architecture, 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 8. Environmental Compliance. A Notice of Exemption will be filed in accordance with CEQA Section 15332, Infill Development. Section 9. Conditions. The Planning Commission of the City of T emecula approves the Application P A06-0118, 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. G:\Planning\2006\PA06-0118 Temecula 10 - Home Product Revicw\Planning\PC Resolution.dot 2 Section 10. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2nd day of August 2006. Ron Guerriero, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss . CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 06- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of August 2006, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMr\I1ISSIOf\JERS: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSTAIN: Debbie Ubnoske, Secretary G:\Planning\2006\PA06-0118 Temecula 10 - Home Product Review\Planning\PC Resolution.dot 3 EXHIBIT A DRAFT CONDITIONS OF APPROVAL G:\Planning\2006\PA06-0118 Temecula 10 - Home Product Review\Planning\PC Resolution.dot 4 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA06-0118 Project Description: A Development Plan for Residential Product Review associated with Tentative Tract Map No. 33630 to develop 10 single-family homes ranging in size from 4,107 square feet to 4,248 square feet. The project site is located along the north side of Rancho California Road approximately 1,100 feet east of Meadows Parkway DIF Category: Residential Detached MSHCP Category: Single Family Residential TUMF: Single Family Residential Tentative Tract Map No. 33630 Assessor's Parcel No: 953-090-028 Approval Date: August 2, 2006 Expiration Date: August 2, 2008 PLANNING DEPARTMENT Within 48 Hours of the Approval of this Project 1 . The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the - - - - - - - - -COunty-admmistrative -fee, to--eAable-tRe-Gity -to- rue- the -Notica' of_Uelerrnin_anoD _a~ _ provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). General Requirements 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 G:\Planning\2006\PA06-0118 Temecula 10 - Home Product Review\Planning\DRAFf COAs,doc I Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. The applicant shall submit, to the Planning Department for permanent filing, two 8" X 10" glossy photographic color prints of the color and Materials Boards and of the colored version of the approved colored architectural elevations. All labels on the Color and Materials Board, and Elevations shall be readable on the photographic prints. 4. The project shall meet all applicable Conditions of Approval for Tract Map Number 33630 (PA05-0176). 5. 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. 6. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 7. The Director of Planning may, upon an application being filed within 30 days prior to expiration and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. 8. The development of the premIses -shalf substantially c-onform to The approv~a ptans~ - - - - - contained on file with the Planning Department. 9. The colors and materials for this project shall substantially conform to the approved colors and materials contained on file with the Planning Department, or as amended herein. Any deviation from the approved colors and materials shall require approval of the Director of Planning. 10. 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. 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. G:\Planning\2006\P A06-0 118 Temecula 10 - Home Product Review\Planning\DRAFf COAs.doc 2 Prior to the Issuance of Building Permits 12. Prior to construction of the Model Home complex, the applicant shall apply for a Model Home complex permit. 13. A separate building permit shall be required for all signage. 14. Precise Grading Plans consistent with the approved rough grading plans including all structural setback measurements shall be reviewed and approved by the Planning Department. 15. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Director of Planning approval. 16. Three copies of Construction Landscaping and Irrigation Plans for slope areas and front yards 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 T emecula Fee Schedule at time of submittal). . b. Provide an agronomic soils report with the construction landscape plans. c. One copy of the approved grading plan. d. Water usage calculations per Chapter 17.32 of the DeveJopment Code (Water Efficient Ordinance). e. Total cost estimate of plantings and irrigation (in accordance with approved plan). f. The locations of all existing trees that will be saved consistent with the tentative map. g. Specifications shall indicate that a minimum of two landscape site inspections will - - - - - - - - - - - - be-requirBd _Qne inspection to verify that the irrigation mainline is capable of being pressurized to 150 psi for- a- minimum -period-of tWo Flours withouT loss of- - pressure. The second inspection will verify that all irrigation systems have head- to-head coverage, and to verify that all plantings have been installed consistent with the approved construction Jandscape plans. The applicant/owner shall contact the Planning Department to schedule inspections. h. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a 31 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. G:\Planning\2006\PA06-0118 Temecula 10 - Home Product Review\Planning\DRAFf COAs.doc 3 I. A landscape maintenance program for the homeowners association 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. j. Plans shall include provisions for erosion control of all graded slopes prior to plant establishment. Plans shall include either an erosion control matting or 4" mulch layer as approved by the Planning Director. k. The applicant shall provide appropriate vegetative screening as agreed to by the adjacent property owners and as approved by the Planning Director, along the west side of Lot 7 to screen the retaining wall and fence from properties on the west. I. Automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property for: i. Front yards and slopes within individual lots prior to issuance of building permits for any lot(s). ii. Private common areas prior to issuance of the fifth building permit. iii. All landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping shall include, but may not be limited to private slopes and common areas. iv. Shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger. m. 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 with stone pilasters for the perimeter of the project adjacent to a public right-of-way equal to 66 feet or larger and the side yards for corner lots. ii. Wrought iron or decorative block and wrought iron combination to take - - - - - - - - - - - - - - - - - -adva-nta.~-of-views for-side aru::Lreal" yards__ _ _ _ _ _ _ _ _ _ _ _ _ _ iii. Wood fencing shall be used for all side and rear yard fencing when not restricted by i. and ii. above. Prior to Building Occupancy 17. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. G:\Planning\2006\PA06-0118 Temecula 10 - Home Product Review\Planning\DRAFf COAs.doc 4 18. All required landscape planting and irrigation for each individual house shall have been installed consistent with the approved construction landscape plans and shall be in a condition acceptable to the Planning Director prior to occupancy for each house. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 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 G:\Planning\2006\PA06-0118 Temecula 10 - Home Product Review\Planning\DRAFr COAs,doc 5