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HomeMy WebLinkAbout111506 PC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (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 November 15, 2006 - 6:00 P.M. ******** Next in Order: Resolution No. 06761 CALL TO ORDER Flag Salute: RollCall: Commissioner Carey 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 1 General Vacation of a portion of Ynez Road at Equity Drive RECOMMENDATION: 1.1 Findings of Consistency with the General Plan Circulation Element 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. R:\PLANCOMMlAgendas\2006\ 11-1S-Q6.doc 2 Minutes RECOMMENDATION: 2.1 Approve the Minutes of November 1, 2006 COMMISSION BUSINESS 3 Director's Hearino Case Update RECOMMENDATION: 3.1 Receive and File Director's Hearing Update for October 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 4 Plan nino Aoolication Nos. PA06-0135 and PA05-0402. a Conditional Use Permit and Develooment Plan. submitted bv M & D Properties, to construct and operate a liauid natural aas ILNG\ station. The develooment will consist of one 45-foot hioh LNG tank. and emeraencv underaround water storage tank. and a 14.776 square foot office/warehouse buildina. located at 28011 Diaz Road. Dana Schuma. Associate Planner. 5 Planninp Aoolication Nos. PA05-0109 and PA05-0234. a Tentative Tract Map (33584) and Planned Develooment Overlav. submitted bv Reza Shera of the Pacific GrouQ. for condominium ourooses to subdivide 7.24 acres into three lots (one residential condominium lot. one recreation lot. and one ooen soace loll_ and to Provide for develooment standards for the site that are specific to sinole-familv homes on condominium lots. located at 29601 Mira Loma Road. Stuart Fisk. Senior Planner. COMMISSIONERS' REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next regular meeting: Wednesday, December 6, 2006, 6:00 p.m., Council Chambers, 43200 Business Park Drive, Temecula, California. R:\PLANCOMMlAgendas\2006\ 11-1S-Q6.doc 2 ITEM #1 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Debbie Ubnoske, Director of Planning November 15, 2006 General Vacation of a portion of Ynez Road at Equity Drive PREPARED BY: Emery J. Papp, AICP, Senior Planner Steven Charette, Associate Engineer BACKGROUND: On October 28, 2003 the City Council approved Tract Map No. 29639-2 in the Harveston Specific Plan, including acceptance of right-of-way for the re- alignment of Ynez Road south of Equity Drive. The re-alignment of Ynez Road at this location was necessary to allow for the proposed intersection of Ynez Road at the extension of Date Street. The re-aligned road has been constructed and is currently open for public use. On September 6, 2006 the underlying fee owner of the old Ynez Road alignment, Winchester Hills I LLC, submitted a formal request to the City to vacate the remainder portion. Staff has determined that the old alignment is no longer necessary for roadway purposes and therefore recommends vacating the remainder portion of Ynez Road as depicted on the attached Exhibits "A" and "B". Necessary access to the site for maintenance and repair will be provided by reserving easements as provided under Section 8330 of the Streets and Highways Code. " Pursuant to the requirements of the Streets and Highways Code, the City may vacate its interests in identified public right-of-way if the City finds that such a vacation conforms to the General Plan; that the street in question is no longer necessary for present or prospective public use due to having minimal affect on the Circulation Element, and not denying access to any parcels. ANALYSIS: Staff has reviewed the General Plan in consideration of the request and finds that the proposed vacation is consistent with the General Plan in that the Map that dedicated the necessary right-of-way was recorded in 2003 and the re-alignment of Ynez Road was incorporated into the Circulation Element when the Comprehensive General Plan Update was adopted on April 12, 2005. Furthermore, the existing street pattern surrounding the site provides adequate circulation. The portion of Ynez Road to be vacated is described and depicted on Exhibits "A" and "B" which are attached to this report. The issue before the Planning Commission is a finding of consistency with the existing General Plan, pursuant to Section 8313 of the Streets and Highways Code. The City Attorney has advised staff that making such a finding can be done as a Consent Calendar Item and that a public hearing before the Planning Commission is not required. ENVIRONMENTAL DETERMINATION: The proposed vacation has been reviewed by staff under the provisions of the California Environmental Quality Act and staff has determined that the project is categorically exempt pursuant to Section 15301.(c) of the CEQA Guidelines. This section applies when a project Involves an existing use and there is negligible or no expansion of the use. R:\pappeIPublic Wor1<s CIPILD06-Q29MPlPC Memo.doc RECOMMENDATION: That the Planning Commission finds that the proposed vacation of a portion of Ynez Road south of Equity Drive is consistent with the Circulation Element of the General Plan and recommends that the City Council find that said portion of Ynez Road is no longer necessary for present or prospective public use, or bicycle or pedestrian use. The General Plan designates ,sufficient streets and other right-of-way in the area to accommodate traffic flow. ATTACHMENTS: Draft City Council Resolution 06-_ Exhibit A - Parcel Description Exhibit B - Vicinity Map R:\pappeIPublic Wor1<s CIPILD06-029MPlPC Memo.doc . ATTACHMENT NO.1 DRAFT CC ORDINANCE 06-_ R:lpappelPublic Wor1<s CIPlLD06-029MPlPC Memo,doc RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OF NOTICE OF INTENTION TO VACATE A PORTION OF YNEZ ROAD LOCATED SOUTHERLY OF THE INTERSECTION OF YNEZ ROAD AND EQUITY DRIVE IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON ATTACHED EXHIBITS AND SETTING A PUBLIC HEARING ON THE VACATION THE CITY COUNCil OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOllOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare in response to petition by the underlying fee owner, its intention pursuant to Chapter 3, Part 3, Division 9, commencing at Section 8300 of the Streets and Highways Code to vacate a portion of Ynez Road located southerly of Equity Drive and more specifically described as Exhibit "An and depicted on Exhibit "B", all said Exhibits which are attached hereto and incorporated herein by this reference; Section 2. Necessary access to public utility, service, and drainage facilities for the purposes of constructing, placing, operating, inspecting, maintaining, repairing, replacing, and removing such aerial and underground facilities will be provided by , reserving easements and excepting from the proposed vacation of said portion of street portion for these purposes as provided under Section 8330 of the Streets and Highways Code. Section 3. The Planning Commission has considered the General Plan and finds that the vacation of said portion of Ynez Road is consistent with The General Plan adopted by the City of T emecula on April 12th 2005. Section 4. It can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment and thus this decision is not subject to the provisions of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15061 (b). Section 5. . Notwithstanding the foregoing, and in addition to the foregoing, the proposed street vacation of such portions of right-of-way is categorically exempt from review under CEQA pursuant to CEQA Guidelines Section 15305. Section 6. The City Council hereby sets a public hearing on the vacation of the said portion of Ynez Road for January 9, 2007 at 7:00 p.m., or as soon hereafter as the matter may be heard, at the City Council Chambers, 43200 Business Park Drive, Temecula, for the purpose of hearing evidence from interested person on the proposed vacation. The date of the public hearing shall not be less than 15 days from the date of this Resolution. . vacation. The date of the public hearing shall not be less than 15 days from the date of this Resolution. Section 7. The City Clerk is hereby authorized and directed to publish a "Notice of Public Hearing" in a newspaper of general circulation within the City of Temecula and shall be published twice in two (2) successive weeks prior to the hearing pursuant to Section 8322 of the Streets & Highways Code. The notice of public hearing shall contain the information set forth in the text of this Resolution. Section 8. No less than 14 days prior to the public hearing on the vacation, the Director of Public Works shall post conspicuously notices of the public hearing on the vacation of the Street along the line of the Street proposed to be vacated. The notices shall be posted not more than 300 feet apart, but a least three notices shall be posted. The notices posted shall contain the information set forth in the text of this Resolution. Section 9. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of November, 2006. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of November, 2006, by the following vote: . AYES: COUNCIL MEMBERS: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT A PARCEL DESCRIPTION R:\pappe\Public Wor1<s CIPlLD06-Q29MPlPC Memo.doc . RBF CONSULTING 40810 County Center Drive, Suite 100 Temecula, CA 92591 April 25, 2006 IN 15101075-M04 Page 1 of 1 EXHIBIT "A" YNEZ ROAD STREET VACATION That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 50 of Tract No. 29639-2 filed in Book 345, Pages 1 through 19 of Maps in the Office of the County Recorder of said County of Riverside, shown as being an easement for public road and public utility purposes in favor of the City of T emecula per Parcel Map No. 19677 filed in Book 135, Pages 85 and 86 of Parcel Maps in the office of said County Recorder, described as a whole as follows: BEGINNING at the most easterly comer of said Lot 50; thence along the southeasterly line of said Lot 50 South 30007'24" West 401.59 feet to the beginning of a tangent curve concave southeasterly and having a radius of 1625.00 feet; thence continuing along said southeasterly line and along said curve southwesterly 403.88 feet through a central angle of 14014'26" to the non-tangent intersection with the easterly line of Ynez Road (110.00 feet wide) as shown on said Tract No. 29639-2; thence along said easterly line of Ynez Road North 11023'13" East 466.77 feet; thence North 30007'24" East 359.29 feet to the northerly line of said Lot 50; thence along said northerly line South 59052'36" East 100.00 feet to the POINT OF BEGINNING. CONTAINING: 1.231 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. This description was prepared ame "U"de~o" _ ~.V~ 4~2<<(. omas E. Veri L.. 5348 My license expires 1 1/07 il NO. LS 6348 ... H:IPDA TAliS 10 1075IAdmin~egabI1075IgIOO4,doc EXHIBIT B VICINITY MAP R:\pappeIPublic Wor1<s CIPlLD06-Q29MPlPC Memo,doc 150 0 150 300 450 t ~ II I .>.. t! GRAPHIC SCALE l .. if 1':1 I..','" liI ~ ~~ lD . ~ ~. -.~ .. Gl I ("I iD <y t-) 60' , ~~, "?>' . ~\ i\ ~ , \ ~ 55.~5' \ \ ..... 10 III ..... 1/ CI/ 'f, ! . ~. ~ Q. ~ 8 . J2~ \I ~ ..> 0' ,.Jj;j o. i Uu Q.~ ~ \:il g . g; fli to) . fl1 ,"" .~ " ,0 g "" - o .... & 1 ,"" flJ ~ - " ~ ... ~ o ..... , -,..l ~ /( 11J' ~ Q.' ~ '" .... ; \ 1i o cO o o x W III .... o ;;- ~ iD r x ~ " z iL 0.. ... 3- o o ... u . DESII3N . CONSTRUCTION /' III .... o o in ;;- ... l- ... o 0.. /' I frAJlrr ~lve: @ 1 2 3 4 DATA TABLE BEARING/DELTA RADIUS 586"36'01"E 26'43'25" 300.00' S3Q'D7'24"W 559'52'36"E LENGTH . 55.12' 139.92' 39.00' 100.00' SHEET OF 1 SHEET 1 EXHIBIT 'B' STREET ABANDONMENT APRIL 24, 2006 PLANNIN13 . . . CONSULTINI3 40810 COUNTY CENTER DfIII'E. SUITE 100 1EMECtl.A. CAUFOANIA 92591-6022 909.676.8042 ' Ft>:X 909.676.7240 ' www.ABF.com I SCALE I 1"=150' JOB NO. 15101075-1.14 E o ... III eX; <0 o '- '- III m -, o . ITEM #2 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION NOVEMBER 1,2006 CALL TO ORDER. The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on' Wednesday, November 1; 2006, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Commissioner Harter led the audience in the Flag salute. ROLL CALL Present: Commissioners: Carey, Telesio, Harter, Chiniaeff, and Chairman Guerriero. Absent: None. PUBLIC COMMENTS No public comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of October 18, 2006. MOTION: Commissioner Harter moved to approve the Consent Calendar. Commissioner Chiniaeff seconded the motion and voice vote reflected unanimous aDDroval. PUBLIC HEARING ITEMS New Items 2 Plan nino Aoolication No. PA06-0082. a Maior Modification to a Develooment Plan to add 3.089 souare feet of buildino area. remove and reolace the service area canoov and add a new oarapet wall alono the new buildino areas of an existina automobile dealershio. located at 26845 Ynez Road - Associate Planner Fisk provided a staff report (of written record). At this time, the public hearing was opened. R:\PLANCOMMlMINUTES\2006\ 1101 06,doc Mr. Mike Palmer, applicant, spoke in favor of staff recommendation. At this time, the public hearing was closed. MOTION: Commissioner Chiniaeff moved to approve staff recommendation. Commissioner Harter seconded the motion and voice vote reflected unanimous aooroval. COMMISSIONERS' REPORTS No additional comments. PLANNING DIRECTOR'S REPORT No additional comments. ADJOURNMENT At 6:05 p.m., Chairman Guerriero formally adjourned to November 15. 2006. at 6:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. Ron Guerriero Chairman Debbie Ubnoske Director of Planning R:\MinulesPCI 110106 2 ~ ITEM #3 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission FROM: Debbie Ubnoske, Director of Planning DATE: November 15, 2006 SUBJECT: Director's Hearing Case Update Planning Director's Agenda items for October 2006. Date October 19, 2006 Case No. PA06-0095 ProP'!~1 A Tentative Parcel Map to subdivide a 0.23 acre residential parcel into two single-family residential parcels with a minimum lot size of 3,657 square feet, located at 28731 Pujol Street A Minor Conditional Use Permitfor dog day care, overnight care and kennel services in an existing building, located at 42192 Sarah Way A Development Plan to construct a five-story 394,715 square foot office building for manufacturing and research with a four-story connector lobby, a central courtyard, two service yards, and parking lot, located at 41852 &41872 Motor Car Parkwav. October 26, 2006 PA06-0298 October 26, 2006 PA06-0201 Attachment: 1. Action Agendas - Blue Page 2 R:\DffiHEARIMEM0I2006111-15-20Q6,doc . Applicarit City of Temecula Camp Bow Wow Abbott East Campus (Guidant) APPROVED APPROVED APPROVED R:IDIRHEARIMEM0I2OO6\lI-15-2006.doc2 ATTACHMENT NO.1 ACTION AGENDAS ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING October 19, 20061:30 p.m. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Steve Brown, Principal Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Principal Planner on items that are not listed on the Agenda. Speakers. are limited to three (3) minutes each. If you desire to speak to the Principal Planner about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Principal Planner. When you are called to speak, please come forward and state vour name and address. Item No.1 Project Information Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: 1 :30 p.m. P A06-0095 Tentative Parcel Map Habitat for Humanity PM City of T emecula A Tentative Parcel Map to subdivide a 0.23 acre residential parcel into two single-family residential parcels with a minimum lot size of 3,657 square feet Located at 28731 Pujol Street Exempt per CEQA (Section 15315 - Minor Land Division) Stuart Fisk APPROVED R:\DIRHEARlAgendas\2006\1Q-19-06 Aclion Agenda.doc ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING October 26, 2006 1 :30 p.m. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Steve Brown, Principal Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Principal Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Principal Planner about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Principal Planner. When you are called to speak, please come forward and state vour name and address. ' Item No.1 Project Information Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION Item No 2 Project Information Project Number: Project Type: Project Title: Applicant: . Project Description: Location: Environmental Action: Project Planner: ACTION 1 :30 p.m. P A06-0298 Minor Conditional Use Permit Camp Bow Wow Terri Sasonne A Minor Conditional Use Permit for dog day care, ovemight care, and kennel services in an existing building. 42192 Sarah Way Exempt (per Section 15301) Dale West APPROVED PA06-0201 Development Plan Abbott (Guidant) Advanced Cardiovascular Systems A Development Plan to construct a five-story, 419,341 square foot building for custom light manufacturing, and research and development laboratories on approximately 27.51 gross acres. The project consists of two office wings with a four-story connector lobby, a central landscaped courtyard, two service yards, and an associated parking lot. 41852 &41872 Motor Car Parkway Exempt (per Section 15162) Dana Schuma APPROVED ' R:\DIRHEARlAgendas\2006\ 10-26-06 Action Agenda.doc ITEM #4 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: November 15, 2006 PREPARED BY: Dana Schuma TITLE: Associate Planner PROJECT DESCRIPTION: Planning Application No. PA06-0135 and PA05-0402, a Conditional Use Permit and Development Plan to construct and operate a liquid natural gas (LNG) station. The development will consist of one 45- foot high LNG tank, a 30,000 gallon emergency underground water storage tank, and a 14,776 square foot office and warehouse building on a 0.91 acre site located at 28011 Diaz Road, generally located on the northwest corner of Rancho Way and Diaz Road. IZI Approve with Conditions RECOMMENDATION: o Deny o Continue for Redesign o Continue to: o Recommend Approval with Conditions o Recommend Denial CEQA: o Categorically Exempt (Section) (Class) o Notice of Determination (Section) o Negative Declaration IZI Mitigated Negative Declaration with Monitoring Plan DEIR PROJECT DATA SUMMARY Name of Applicant: M & D Properties Date of Completion: December 22, 2005 Mandatory Action Deadline Date: November 15. 2006 General Plan Designation: Industrial Park (IPl G:lPlanning\200SIPAOS-Q402 Downs Energy - OPlPlanninglPC Hearing ltemslStaff Report PAOS-Q402.doc 1 Zoning Designation: Light Industrial (L1) Site/Surrounding Land Use: Site: Vacant North: South: East: West: ExistinQ industrial buildings Existing industrial buildings Diaz Road and Murrieta Creek Existing Down's Energy commercial fueling station Lot Area: 39,640 square feet/0.91 acres Total Floor Area/Ratio: 14,776 SQuare feet/0.37 FAR Landscape Area/Coverage: 8,632 square feet/21 % coverage Parking Required/Provided: 28 spaces reQuired/36 spaces provided BACKGROUND SUMMARY Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. An application for the development was submitted on December 22, 2005. A DRC meeting was held on January 26, 2006, to discuss site, landscaping, architecture, and other departmental issues. The applicant submitted revised plans on May 17, 2006. A second DRC letter was sent on June 1, 2006, requesting additional revisions to the proposed development plan. In July, 2006, staff determined the environmental analysis for the project was deficient and requested additional environmental reports to be completed. A status letter was sent to the applicant on July 19, 2006, summarizing all outstanding items on the project. The applicant submitted revised plans again on August 7, 2006, and a third DRC letter was sent on August 24, 2006, requesting the applicant address Water Quality Management Plan (WQMP) revisions. On September 12, 2006, the applicant submitted the remaining environmental documents and all project issues were addressed in early October. ANALYSIS Conditional Use Permit The 0.91 acre site is zoned Light Industrial (L1). The proposed liquid natural gas (LNG) facility is a conditionally permitted use in the Light Industrial zone within the City. Staff has reviewed the application and determined that the findings for approval can be made. The proposed LNG facility is consistent with the surrounding developments and will not adversely impact the area because industrial uses currently exist. For example, immediately to the west of the site is an existing commercial fueling station, and to the north and south are existing industrial buildings. The site is also adequate in size and shape to accommodate the use and will meet all Development Code regulations. G:lPlanning\2005\PAOS-Q402 Downs Energy - DPlPlanninglPC Hearing ItemslStaff Report PAOS-0402.doc 2 The applicant provided a "Statement of Operations" (attached) for staff review in determining the appropriateness of the proposed use. The uses and hours of operation to be approved with this request include: Weekday uses (Monday through Friday) . Office Administration, 7:00 a.m. to 6:00 p.m., 70 employees Weekend uses (Saturday) . Office Administration, 7:00 a.m. to 6:00 p.m. Seven days a week, 24 hours a day . LNG fueling operations A noise study for the project concluded that the LNG facility may result in noise impacts to the adjacent sites without mitigation. To reduce the potential noise impacts, mitigation measures requiring special site design and screening will be incorporated into the proposed project (See Condition of Approval No. 71). All hazardous materials stored on site will be kept above ground within a secure warehouse. Both the Fire Prevention Department and County Department of Environmental Health have reviewed the proposed project to ensure compliance with hazardous material requirements. All materials are required to be contained, stored, used, and disposed of in compliance with applicable Fire Code standards and regulations, and as required by the mitigation measures to reduce potential risk of release or exposure. Staff identified no major concerns in reviewing the proposed conditional use. The use is consistent with the General Plan, as well as with the development standards contained in the Development Code. Development Plan Site Plan The project is consistent with all applicable development standards of the Light Industrial zoning district including lot coverage, height, setback, landscaping, and parking requirements. The proposed 0.37 Floor Area Ratio is below the target ratio of 0.40 for the zoning district. The proposed 37 percent lot coverage is also below the maximum permitted lot coverage of 40 percent. The project will consist of one 45 foot high LNG tank and a 14,776 square foot office and warehouse building. The proposed building has been situated on the southeast comer of the site facing Diaz Road and Rancho Way. The proposed building will be two stories and 38 feet in height. It will consist of a 3,042 square foot warehouse for materials storage, and 7,306 square feet of office space. The 45 foot high LNG tank will be located on the northwest interior portion of the site and contain 14,850 gallons of fuel. It will be surrounded by a 42 inch equipment enclosure wall and have a 30,000 gallon emergency water storage tank directly underground. The proposed interior location strategically places the LNG tank behind the office and warehouse building for screening. Additionally, significant setbacks will be provided between the onsite parking area and the LNG tank, including a 50-foot wide buffer zone G:lPlanning\200SIPAOS-Q402 Downs Energy - PPlPlanninglPC Hearing llemslStaff Report PAOS-Q402.doc 3 around the entire tank. The building setbacks also meet the minimum requirements' including 20 feet along the south and east property lines adjacent to Rancho Way and Diaz Road. Landscaoino The landscape plan conforms to the requirements of the Development Code and Design Guidelines. The project will include 8,632 square feet (or 21 percent) of landscaping, which meets the minimum landscaping requirements. The landscaping plan proposes seven species of trees for the site. The perimeter of the site will be fully landscaped and tree and shrub placement serve to effectively screen on-site parking areas and soften building elevations from adjacent uses as well as along Rancho Way and Diaz Road. The trees on the interior of the site complement the architecture and will consist of Chinese Fringe Trees and Purple Leaf Plums. The LNG tank will be screened with large shrubs and surrounding trees from the parking lot. An employee break area provided in front of the building on the southeast corner of the site will be shaded by a large 48 inch box African Sumac. Details of the break area shall be provided as a condition of approval prior to the issuance of building permits. Staff also conditioned for additional landscaping enhancements, which the applicant chose not address during the review process. The conditions of approval require the following changes: the warehouse located at the north side of the building shall be screened with evergreens instead of Willows (Condition of Approval No. 81). The streetscape landscaping along Diaz shall consist of 24-inch box London Plane trees, consistent with the adjacent planting, and additional shrubs and trees shall be added to the plan to further enhance and integrate the project into the area (Condition of Approval Nos. 75-82). Additionally, all landscaping for the site shall be installed with the first phase of the project (Condition of Approval No. 73). Access. Circulation. and Parkino Access to the proposed LNG facility will be provided from Diaz Road and Rancho Way. The proposed site plan provides adequate circulation for vehicles. The Department of Public Works has analyzed the traffic impacts of the project and has determined that the impacts are consistent with the traffic volumes projected for the site by the previously approved City of Temecula General Plan EIR. The Fire Department has also reviewed the plan and determined there will be proper access and circulation to provide emergency services to the site. Development Code Section 17.24.060 requires one parking space per 300 square feet of office area and one space per 1000 square feet of warehouse area. The proposed project provides 36 parking spaces, which includes the use of several spaces from the adjacent commercial fueling station to the west through a recorded reciprocal use agreement The agreement allows for shared access and parking between the lots. The 34 standard spaces and two handicap accessible spaces provided will adequately serve the office and warehouse use proposed on site. Architecture The proposed building is consistent with the Development Code and Design Guidelines, and is compatible with other adjacent buildings. The proposed architecture includes smooth concrete with concrete detailing around the entry fayades. The applicant uses a variation of colors including white, silver, and a brownish-gray, and additional concrete detailing on several wall planes breaks up the building mass. The building includes painted steel canopies extending G:lPlanning\2005IPAOS-Q402 Downs Energy - DPlPlanninglPC Hearing UemslStaff Report PAOS-Q402,doc 4 out between three and five feet and varying in length on all sides of the building. The building provides adequate roofline variation by providing varying heights on the ridgeline and incorporating a single story element along Diaz Road. The building is further enhanced with a masonry base and both vision and spandrel glass along all elevations. The architecture is sleek and represents a modern industrial office building consistent with the surrounding developments. Staff has determined the project is consistent with the General Plan as well as with the development standards specified in Sections 17.06.040 of the Development Code and Citywide Design Guidelines. ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and, based on an Initial Study, determined the project will not have a significant impact on the environment if mitigation measures are incorporated into the project. The following summarizes the mitigation measures for the project. Noise Based on a Noise Study that was prepared, the project will generate a maximum noise level of 62.4 dBA at 50 feet from the source with mitigation measures, which is less than the maximum threshold limit of 75 dBA specified in the General Plan Noise Element. Recommended Mitigation Measures: 1. An acoustical analysis prepared by a certified acoustical engineer shall be prepared to ensure that noise levels will not exceed an Ldn of 75 dBA exterior or an Ldn of 55 dBA interior at the receptor. Special design measures (e.g., shielding and muffling devices) shall be included in the analysis to minimize impacts to surrounding noise sensitive uses from ultimate projected operational noise levels. Cultural Resources Based on analysis from UC-Riverside Eastern Information Center, Department of Anthropology, the site has been identified as a potential area for containing cultural resources. The site has never been surveyed, so with mitigation the potential to cause a substantial adverse change in the significance of a historical or archeological resource can be significantly reduced. Recommended Mitigation Measures: 1. 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. G:IPlanning\2005\PAOS-Q402 Downs Energy - DPlPlanninglPC Hearing ltemslSlaff Report PAOS-Q402.doc 5 2_ 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. 3. In the event any paleontological resources are discovered during grading operations, aU construction activity shall cease. The Planning Department and Building Department shall be notified in the event any resources are discovered. Hazardous Materials The project operations have the potential to create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials; or through a reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Recommended Mitigation Measures: 1. A Business Emergency Plan shall be submitted annually to the County of Riverside Hazardous Materials Management Division for operations permit renewal. The Business Emergency Plan shall minimize the impacts of accidental release of a hazardous material by specifying site specific emergency response, clean-up, and public safety. A copy of the Business Emergency Plan shall be provided to the Planning Department. Hvdroloo'l The project as proposed will place structures within a 1 OO-year flood hazard area which would impede or redirect flood flows unless mitigated. Recommended Mitigation Measures: 1. Verification that the finished pad elevation is higher than the flood-plain elevation shall be provided to the Public Works Department to avoid placing structures at flood-plain elevation. 2. A Conditional Letter of Map Revision (CLOMR) application shall be filed with the Department of Public Works to officially remap the property out of the flood-plain zone. If the property is not remapped prior to issuance of a building permit the applicant shall obtain flood-plain insurance on the property and provide proof of such insurance to the Department of Public Works. Geoloov Based on the Geotechnical Report prepared, the project as proposed has potential to expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking. G:lPlanning\2005\PAOS-Q402 Downs Energy - DPlPlenninglPC Hearing ItemslSlaff Report PAOS-Q402.doc 6 Recommended Mitigation Measures: 1. The recommendations contained in geotechnical report(s) shall be implemented and consistency with Uniform Building Code evaluated during the building plan check process. Consistency with Building Code shall minimize impacts to structures evolving from ground shaking. 2. The recommendations contained in geotechnical report(s) shall be implemented, including employing a tie-down system such as a deadman, or concrete blocks with connecting straps to hold the 30,000-gaUon emergency underground water storage tanks in place. A tie-down system shall minimize impacts to underground structures evolving from ground failure. Based on the above mitigation measures, staff recommends the adoption of a Mitigated Negative Declaration and attached Mitigation Monitoring Program. CONCLUSION/RECOMMENDATION Staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan and Development Code, and all applicable ordinances, standards, guidelines, and policies. Therefore, staff recommends that the Planning Commission approve the Conditional Use and Development Plan, PA06-0135 and PA05-0402, based upon the findings and subject to the attached Conditions of Approval. FINDINGS Conditional Use Permit ICode Section 17_04.010.E\ 1. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is conditionally permitted in the Ught Industrial zoning designation contained in the City's Development Code and consistent with the Light Industrial land use designation contained in the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the use type. The use, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the Califomia Environmental Quality Act (CEQA), and fire and building codes. 2. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan. The proposed liquid natural gas facility has been reviewed against the adjacent land uses and will be a complimentary addition to the area. Additionally, the proposed use will not adversely affect, nor be affected by, any of the surrounding. properties as the adjacent uses are similar use types. G:lPlanning\200SIPAOS-Q402 Downs Energy - DPlPlanninglPC Hearing ltemslStaff Report PAOS-Q402,doc 7 3. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The proposed conditional use has been reviewed and has been determined to be consistent with the Development Code and will meet all of the applicable requirements. The site is adequate in size and shape to accommodate the proposed use without affecting the yard, parking and loading, landscaping, and other development features required by the Development Code in order to integrate the use with other uses on the site and within the area. 4. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed conditional use has been reviewed and will not be detrimental to the health, safety, or general welfare of the community. 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 use will function in a manner consistent with the public health, safety and welfare. Development Plan ICode Section 17.05.010F) 1. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinances of the City. The proposed liquid natural gas facility is conditionally permitted in the Light Industrial zone of the City's Development Code. The project is also consistent with the Light Industrial land use designation contained in the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. 2. The overall development of the land is designed for the protection of the public health, safety and general welfare. The proposed LNG tank meets the development standards 'for the Light Industrial zone as stated in the Development Code. 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. The project has been reviewed by Fire and Building and will comply with all Fire and Building codes. G:lPlaming\200SIPAOS-Q402 Downs Energy - DPlPlanninglPC Hearing ItemslStaff Report PAOS-Q402,doc 8 ATTACHMENTS 1. Vicinity Map - Blue Page 10 2. Plan Reductions - Blue Page 11 3. PC Resolution 06-_ - Blue Page 12 Exhibit A - Draft Conditions of Approval 4. Initial Study - Blue Page 13 5. Statement of Operations - Blue Page 14 6. Reciprocal Use Agreement - Blue Page 15 G:lPlannlng\200SIPAOS-Q402 Downs Energy. DPlPlanninglPC Hearing llemslStaff Report PAOS-0402.doc 9 ATTACHMENT NO.1 VICINITY MAP G:lPlanning\2005\PAOS-0402 Downs Energy. 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I ~!i !.J r-- ~\ . v v 'e v '" e iH~ 0-;... -S ~Il ~ ;~, oH' "'g ~:;; :1< . . . ~\ . ~ t.? 'i lJ )-" ;.- t! t~ ~ II, \ i2 11 ji.jll:' l,' i - hn V 11 ~.h "1\11; ;". ';1;;\ t, ,. i' 1;i~ 1"\ f\\ U\\\ ~ I Ii t'Hj C ; I' j", ~ ! I 0 , \ \ I':! ,j i i 1 \ II!'" \ \;, I 1''''''<'''' . I"',' \ ~ llllbh'l~!i". ~(~,! 1:; Ii t,,- . I H I 11 -B I'!l\( liB ,.' I 11 . 11' \ ,J I! ! Ill. 't \ t a .' 11 ii,' ~, " ! . , - Jj .1 "",I, ~ \ ~ lIl' =lil i '. I --;. r ~ ;1 i n ~ , , . go :\ "\ ~ l "I 11 \ ~>,-<. \:) ~ ~ Cl 'lJ.l ,~ 'v ~ lJ.l - ~ :;: ti ~ Q'if I ATTACHMENT NO.3 PC RESOLUTION NO. 06-_ G:lPlanning\200S\PAOS-Q402 Downs Energy - DPlPlannlnglPC Hearing ItemslStaff Report PAOS-0402.doc 12 PC RESOLUTION NO. 06- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0135 AND PA05-o402, A CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN TO CONSTRUCT AND OPERATE A LIQUID NATURAL GAS (LNG) STATION CONSISTING OF ONE 45 FOOT HIGH LNG TANK AND A 14,776 SQUARE FOOT OFFICE AND WAREHOUSE BUILDING Section 1. On December 22, 2005 M&D Properties filed Planning Application No. PA05-0402 (Development Plan), and on May 10, 2006 M&D Properties filed Planning Application No. PA06-0135 (Conditional Use Permit), in a manner in accordance 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 November 15, 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. Findinos. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 17.04.010.E (Conditional Use Permit), and as required by Section 17.05.010,F (Development Plan): Conditional Use Permit A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposed use is conditionally permitted in the Light Industrial zoning designation contained in the City's Development Code and consistent with the Light Industrial land use designation contained in the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the use type. The use, 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. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; G:\Planning\2005\PA05-0402 Downs Energy - DP\Planning\PC Hearing Items\Draft Reso PA05-0402.doc I The proposed-conditional use is compatible with adjacent land uses as defined in the General Plan. The proposed liquid natural gas facifity has been reviewed against the adjacent land uses and wiff be a complimentary addition to the area. Additionally, the proposed use wiff not adversely affect, nor be affected by, any of the surrounding properties as the adjacent uses are simifar use types. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood; I The proposed conditional use has been reviewed for consistency with the Development Code and wiff meet all of the applicable requirements. The site is adequate in size and shape to accommodate the proposed use without affecting the yard, parking and loading, landscaping, and other development features required by the Development Code in order to integrate the use with other uses on the site and within the area. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed conditional use has been reviewed and will not be detrimental to the' health, safety, or general welfare of the community. 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 use wiff function in a manner consistent with the public health, safety and welfare. Development Plan 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 liquid natural gas facility is conditionally permitted in the Light Industrial zone of the City's Development Code. The project is also consistent with the Light Industrial land use designation contained in the General Plan. The site is properly planned and zoned, and as conditioned, is physically suitable for the type of development proposed. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The architecture proposed for the office and warehouse buifding is consistent with the architectural requirements as stated in the Design Guidelines and the Development Code. The proposed LNG tank meets the development standards for the Light Industrial zone as stated in the Development Code. 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 Negative Declaration with a Mitigation Monitoring Program has been prepared and adopted in accordance with the California G:\Planning\2005\PA05-0402 Downs Energy - DP\Planoing\PC Hearing Items\Draft Reso PAOS-0402.doc 2 Environmental Quality Act, and the Planning Commission finds that the proposed use with mitigation will not have a significant impact upon the environment. Section 9. Conditions. The Planning Commission of the City of Temecula approves the Application PA06-0135 and PA05-0402, a Conditional Use Permit and Development Plan for a liquid natural gas fueling station located at 28011 Diaz Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 10. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of November, 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 15111 day of November, 2006, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\2005\PA05..Q402 Downs Energy. DP\Planning\PC Hearing Items\Draft Reso PA05-0402.doc 3 EXHIBIT A DRAFT CONDITIONS OF APPROVAL . G:\Planning\2005\P A05-0402 Downs Energy - DP\Planning\PC Hearing Items\Draft Reso PAOS-0402.doc 4 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application Nos.: PA06-0135 and PA05-0402 Project Description: A Conditional Use Permit and Development Plan to construct and operate a liquid natural gas (LNG) station. The development will consist of one 45-foot high LNG tank, a 30,000 gallon underground emergency water storage tank and a 14,776 square foot office and warehouse building on a 0.91 acre site Assessor's Parcel No. 921-040-040; 921-040-041 MSHCP Category: DIF Category: TUMF Category: . Industrial Industrial Industrial Approval Date: November 15, 2006 Expiration Date: November 15, 2008 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicanVdeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and Califomia Code of Regulations Section 15075. If within said 48-hour period the applicanVdeveloper 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:IPlanning\200SIPAOS-0402 Oowns En~rgy. OPlPlanninglPC Hearing ltemsIDraft COAs.doc 1 . GENERAL REQUIREMENTS G:lPlanningl2005\PA05-Q402 Oowns Energy - DPlPlanninglPC Hearing lIemsIDrall COAs.doc 2 - Planning Department 2. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this conditional use permit (including the conditions of approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any conditional use permit granted or approved Dr conditionally approved hereunder by the City, i~ Planning Director, Planning Commission, and City Council is in addition to, and not in-lieu of, the right of the City, its Director of Planning, Planning Commission, and City Council to review and revoke or modify any conditional use permit approved or conditionally approved hereunder for any violations of the conditions imposed on such conditional use permit or for the maintenance of any nuisance condition or other code violation thereon. 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 6. The applicant shall comply with the Mitigation Monitoring Program for Planning Application Nos. PA06-0135 and PA05-0402. 7. 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. 8. The Director of Planning may, upon an application being filed within thirty days prior to expiration, and for good cause, grant a lime extension of up to three one-year extensions of time, one year at a time. 9. A separate building permit shall be required for all signage. 10. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. G:lPlanning\200SIPAOS-Q402 Downs Energy - DPlPlanninglPC Hearing ItemsIDrafl COAs.doc 3 11. The conditions of approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the condition of approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Material Concrete Panel Building Concrete Panel Base Color Sherwin Williams 7042 Shoji White Awning Sherwin Williams 7046 Anonymous Galvanized Metal Doors Aluminum Warm Silver Windows Dual Glazed Reflective Glass - Viracon 12. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 13. The applicant shall submit to the Planning Department for permanent filing two 8" X 10' glossy photographic color prints of the approved Color and Materials Board and the colored architectural elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 14. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. 15. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 16. The applicant shall comply with their Statement of Operations submitted December 22, 2005, on file with the Planning Department, unless superseded by these Conditions of Approval. 17. Regular hours of operation for the facility shall be Monday through Friday 8 a.m. to 5 p.m. The offices shall operate Monday through Saturday 7 a.m. to 6 p.m. The fueling station operates 24 hours a day, seven days a week. 18. Parking for the project shall be shared across all lots that are a part of the project, in conformance with the recorded Reciprocal Use Agreement, dated July 15, 2006, which provides cross-lot access and parking across all lots. G:\Planning\200SIPAOS-Q402 Downs Energy. DPlPlanninglPC Hearing Items\Draft COAs.doc 4 Public Works Department 19. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 20. 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. 21. All improvement plans, grading plans, and raised landscaped median plans shall be coordinated for Consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula myfars. 22. The project shall include construction-phase pollution prevention controls and permanent post-construction water quality protection measures into the design of the project to prevent non-permitted runoff from discharging offsite or entering any storni drain system or receiving water. 23. A Water Quality Management Plan (WQMP) must be accepted by the City prior to the initial grading plan check. The WQMP will be prepared by a registered Civil Engineer and include site design BMPs (Best Management Practices), source controls, and treatment mechanisms. Building and Safety Department 24. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access . Regulations, and the Temecula Municipal Code. 25. The City of T emecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 26. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 27. A receipt or clearance letter from the T emecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 28. Obtain all building plans and permit approvals prior to commencement of any construction work. 29_ Show all building setbacks. G:lPlanning\200SIPAOS-Q402 Downs Energy - OPlPlanninglPC Hearing ItemslOraft COAs,doc 5 30. Developments with Multi-tenant Buildings or Shell Buildings shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with Single User Buildings shall clearly show on the plans the location of a dedicated panel in place for the purpose of the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 31. Provide an approved automatic fire sprinkler system. 32. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans (California Disabled Access Regulations effective April 1 , 1998). 33. Provide disabled access from the public way to the main entrance ~f the building. 34. Provide van accessible parking located as close as possible to the main entry. 35. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 36. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays Fire Prevention 37. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 38. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-l. The developer shall provide for this project, a water system capable of delivering 1600 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 1400 GPM for a total fire flow of 3000 GPM with 3 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection m'easures 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). 39. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-l. A combination of on-site and off-site !luperfire hydrants (6' x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roadll and adjacent public streets. Hydrants shall be spaced at 400 feet apart, at each intersection and shall be located no more than, 225 . feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC 903.2, 903.4.2, and Appendix III-B). G:\Planning\2005\PAOS-0402 Downs Energy - DPlPlanninglPC Hearing ItemsIDraft COAs,doc 6 - ~ 40. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required (CFC 903.2). 41. 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). 42. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 43. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports (CFC Appendix II-E). 44. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC 902.4). Community Services Department 45. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. , 46. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 47. The Applicant shall comply with the Public Art Ordinance 48. All parkways, landscaping, fencing and on site lighting shall be maintained by the property owner or maintenance association. G:\Planning\200SIPAOS-Q402 Downs Energy - DPlPlanninglPC Hearing IlemslDraft COAs.doc 7 _d PRIOR TO ISSUANCE OF GRADING PERMITS G:lPlanning\200SIPA05-0402 Downs Energy - DPlPlanninglPC Hearing Item.lDraft COAs.doc 8 Planning Department 49. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. 50. Double detector check valves shall be either installed underground or internal to the project site at locations not visible from the public right-of-way, subjectto review and approval by the Director of Planning. 51. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeologicaVcultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at hislher 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 archaeologicaVcultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." 52. 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. 53. 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. 54. 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. 55. All sacred sites are to be avoided and preserved. Public Works Department 56. A copy of the grading, improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to the issuance of any permit. 57. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. G:lPlanning\2005IPAOS-Q402 DOwns Energy - DPlPlanninglPC Hearing ltemsIDraft COAs,doc 9 .- 58. 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. 59. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 60. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of ground shaking and liquefaction. 61. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 62. 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. 63. The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification number (WDID) issued by the State Water Resource~ Control Board (SWRCB). A Stormwater Pollution Prevention Plan (SW PPP) shall be available at the site throughout the duration of construction activities. 65. 64. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department. d. Department of Public Works The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. -. 66. Permanent landscape and irrigation plans shall be submitted to the P.lanning Department and the Department of Public Works for review and approval. 67. 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. G:lPlanning\200SIPAOS-Q402 Downs Energy - DPlPlanninglPC Hearing Ilems\Drafl COAs.doc 10 68_ 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 Dr 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. 69. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone A. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. G:IPlanning\2005IPAOS-0402 Downs Energy - DPlPlanninglPC Hearing ltemsIDraft COAs.doc 11 PRIOR TO ISSUANCE OF BUILDING PERMIT G:lPlanning\2005IPA05-ll402 Downs Energy. DPlPlanninglPC Hearing ItemsIDraft COAs,doc 12 Planning Department 70. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. 71. An acoustical analysis prepared by a certified acoustical engineer shall be prepared in compliance with the mitigation monitoring program. 72. A copy of the Business Emergency Plan submitted to the County of Riverside Hazardous Materials Management Division shall be provided to the Planning Department in compliance with the mitigation monitoring program. 73. If project phasing is proposed, a phasing plan shall be submitted to and approved by the Planning Director. All landscaping for the site shall be included and installed with the first building phase. 74. Three copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of T emecula Fee Schedule at time of submittal). b. Provide a minimum five foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. c. Provide an agronomic soils report with the construction landscape plans. d. One copy of the approved grading plan. e. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). f. Total cost estimate of plantings and irrigation (in accordance with approved plan). g. The loqations of all existing trees that will be saved consistent with the tentative map. h. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. i. Specifications shall indicate that a minimum of two landscape site inspections will be required. One inspection to verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems have head-to-head coverage, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The applicant/owner shall contact the Planning Department to schedule inspections. 75. The Platanus racemosa - California Sycamore adjacent to Diaz Road shall be revised to Platanus acerifolia - London Plane Tree. G:lPlanning\200S\PAOS-0402 Downs Energy - DPlPlanninglPC Hearing Items\Draft COAs.doc 13 76. Appropriate medium size shrubs shall be mixed in with small shrubs along the east side of the building as approved by the Planning Director. 77. Pittosporum 'Wheelers Dwarf' (2'-3' high) listed under large shrubs shall be revised to an appropriate large shrub as approved by the Planning Director. 78. Kniphofia uvaria (2' high) listed under medium shrubs shall be revised to an appropriate medium size shrub as approved by the Planning Director. 79. Additional large, medium and small shrubs along with ground covers shall be used that are compatible with adjacent existing projects as approved by the Planning Director. . 80. The shrub bed and turf layout proposed around the Diaz Road signage shall be revised to provide appropriate shrubs and ground covers around the sign. 81. Four trees located to the north of the north ten parking spaces shall be revised to dense evergreen trees (Le. Pinus eldarica) as approved by the Planning Director. 82. Evergreen screen shrubs shall be provided around the trash enclosure as approved by the Planning Director. 83. Street trees shall be provided at the rate of one per 30' of street frontage. 84. A tree shall be provided at all parking row ends as approved by the Planning Director. 85. Parking lot trees shall be revised to provide one broad canopy type tree per four parking spaces as approved by the Planning Director. The trees shall be in close proximity to the parking spaces they are to shade. .86. Landscape areas along the north property line across the driveway from this project shall be refurbished as approved by the Planning Director. 87. A landscape maintenance program shall be submitted for approval with the landscape construction plans, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long~term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carryout the detailed program 88. AU utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three foot clear zone around fire check detectors as required by the Fire Department befor,e 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 aU light poles on plans and insure that there are no conflicts with trees. ' 89. Building Construction Plans shall include details for outdoor areas, including but not limited to, trellises, decorative furniture, fountains, and hardscape to match the style of the building subject to the approval of the Planning Director. 90. Building Construction Plans shall include details for all trash enclosures for the project, which shall include a trellis structure over the top of the enclosure, a concrete floor and a concrete stress pad to reduce pavement damage from disposal trucks. G:lPlanning\2005IPAOS-Q402 Downs Energy. DPlPlanninglPC Hearing ItemsIDraft COAs.doc 14 91. Building Construction Plans shall include details for a tie-down system in compliance with the mitigation monitoring program. 92. Building plans shall indicate that all roof hatches shall be painted "International Orange". 93. The construction plans shall indicate the application of painted rooftop addressing plotted on a 9-inch grid pattem with 45-inch tall numerals spaced 9-inches apart. The numerals shall be painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. Public Works Department 94. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveway shall conform to the applicable City of T emecula Standard No. 207 A. c. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard No. 400. d. All street and driveway centerline intersection shall be at 90 degrees. 95. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Diaz Road (Major Highway Standards - 100' R1W) to include the installation of curb and gutter, sidewalk, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), raised landscaped median. b. Improve Rancho' Way (Collector Road Standards - 70' R1W) to include the installation of street improvements, curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). c. The Developer shall design and construct or provide an in lieu of construction fee for half width raised landscape median on Diaz Road (Major Highway Standards - 100' R1W) from North Boundary to South Boundary (along property frontage). Plans shall be reviewed and approved by the-Department of Public Works. 96. The Developer shall construct the following public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Street improvements, which may include, but not limited to: curb and gutter, medians, sidewalks, drive approach, signing, striping b. Storm drain facilities c. Sewer and domestic water systems G:lPlanning\200SIPA05-0402 Downs Energy - DPlPlanninglPC Hearing ItemsIDraft COAs.doc 15 97. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 98. A Signing and Striping Plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Diaz Road and Rancho Way. 99. The building pad shall be certified to have been substantially constructed in acCordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 100. The Developer shall obtain an easement for ingress and egress over the adjacent property. ' 101. 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 T emecula Municipal Code and all Resolutions implementing Chapter 15.06. 102. The Developer shall record a written offer to participate in, and waive all rights to object to the formation of an Assessment District, a Community Facilities District, or a Bridge and Major Thoroughfare Fee District for the construction of the proposed Western Bypass Corridor in accordance with the General Plan. The form of the offer shall be subject to the approval of the City Engineer and City Attorney. 103. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by,. and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Building and Safety Department 104. 105. 106. 107. 108. 109. 110. Prior to submitting for plan review, obtain street addressing for all proposed buildings priorto submittal for plan review. At plan review submittal, restroom fixtures, number and type, to be in accordance with the provisions of the 2001 edition of the Califomia Building Code Appendix 29. At plan review submittal, provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. . At plan review submittal, truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. At plan review submittal, provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. Prior to permit issuance, provide appropriate stamp of a registered professional with original signature on" plans prior to permit issuance. Prior to beginning construction, a pre-construction meeting is required with the building inspector prior to the start of the building construction. G:lPlanning\200SIPAOS-0402 Downs Energy - DPlPlanninglPC Hearing ItemsIDraft COAs.doc 16 --- Fire Prevention 111. 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). 112. 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). 113. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, NFPA - 13, 24, 72 and 231-C. Community Services Department 114. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. G:lPlanning\200SIPAOS-lJ402 Downs Energy - DPlPlanninglPC Hearing ItemslDraft COAs.doc 17 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY - THIS PERMIT G:IPlannlng\200SIPAOS-Q402 Downs Energy - DPlPlanninglPC Hearing ltemsIDraft COAs.doc 18 Planning Department 115_ Prior to the release of power, occupancy, or any use allowed by this permit, the applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening if reviewed and approved by the Director of Planning. 116. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 117. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for a period of one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released upon request by the applicant. 118. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parkin$! space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: .Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." 119. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. 120. All site improvements including but not limited to parking areas and striping shall be installed prior to occupancy or any use allowed by this permit. 121. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department 122. 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. G:lPlanning\200SIPA05-0402 Downs Energy - DPlPlanninglPC Hearing ItemsIDraft COAs.doc 19 . 123. 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 124. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 125. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. Fire Prevention 126. 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). 127. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors (CFC 901.4.4). 128. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation (CFC Article 10, CBC Chapter 9). 129. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation (CFC Article 10). 130. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door (CFC 902.4). 131. Prior to the issuance of a Certificate of Occupancy, building final or occupancy, buildings housing high-piled combustible stock shall comply with the provisions of Uniform Fire Code Article 81 and all applicable National Fire Protection Association standards. The storage of high-piled combustible stock may require structural design considerations or modifications to the building. Fire protection and life safety features may include some or all of the following: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads (CFC Article 81). G:lPlanning\200SIPA05-0402 Downs Energy - DPlPlanninglPC Hearing ItemslOrafl COAs,doc 20 132. Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits tor the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau(CFC 7901.3 and 8001.3). / G:lPlannlng\2005\PAOS-Q402 Downs Energy - DPlPlanninglPC Hearing Uems\Draft COAs.doc 21 OUTSIDE AGENCIES G:lPlanning\20OSIPAOS-0402 Downs Energy - DPlPlanninglPC Hearing ItemsIDraft COAs.doc 22 133. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated January 4,2006, a copy of which is attached. 134. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated January 5,2005, 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's Signature Date Applicant's Printed Name G:lPlanning\200SIPAOS-Q402 Downs Energy - DPlPlanninglPC Hearlng ltemsIDraft COAs.doc 23 do COL . fY OF RIVERSIDE. HEALH ' ;ERVICES AGENCY 0 ~,M DEPARTMENT OF ENVIRONMENTAL HEALTH ' , iI''''''''~'''''J'''''''~,"' ','1"",.,..,,,,,,,,,,,,,,,0,"",, ."":1"",,,,, ,,,,,," ".I"",,,,,,,,,,,, ,,,I. III..."",,,.,,,. ,',II ,.,.11.""','" ",,,,,,,,,,1"",,,,,,,,,,,, ,,,,,,,,.,",I.,..,,,.,,,,,,,,,",,",,,,,',",""'''''JI,'"''''."'''' ",..,"10",,1 January 4, 2006 RE: Development Plan No. PA05-0402 w~ @tE D i!7.~~~1 Uu JAN 0 5 2006 m By___ ~""';;""'--";;".""--"- City ofTemecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Veronica McCoy Dear Ms. McCoy: 1. Department of Environmental Health has reviewed the Development Plan to construct a liquid natural gas facility and a 14,776 sq. ft spec building and has no objections. Although, the site plan indicates that water and sewer services are existing we have no recent information in regards water and sewer availability. 2. PRIOR TO TIlE ISSUANCE OF BIJaDING PERMITS TIlE FOLWWING SHOULD BE REQUIRED: a) "Will-serve" letters from the al'!"Vl'.;ate water and sewering districts. " . ,b) If there are to be any food establishments, (including vending machines), three complete sets of plans for each food establi,shmentwill be submitted including a fixture schedule, a finish schedule and a plumbing schedule jn order to ensure compliance with the California Uniform Retail Food Facilities Law 2. For specific reference, contact Food Facility Plan Examiners at (951) 600-6330. c) If there are to be any hazardous materials, a clearance letter from the Department of Environmental Health Hazardous Materials Management Branch (951-273-9161) will be required indicating that the project has been cleared for: . Underground storage tanks, Ordinance # 617.4. . Hazardous Waste GeneratorServices, Ordinance # 615.3. . Hazardous Waste Disclosure (in accordance with Ordinance # 651.2). . Waste reduction manag<mienl Sincerely, ~ez, SUpervising Enviro~entalHealth S~ialist (909) 955-8980, ' , . _ NOTE: Any current additional requirements not ..,,,,,.J can be applicable at time of Building Plan review for final Department ofEnviroomental Health clearance. cc: Doug Thompson, Hazardous Materials Local Enforcement Agency.. P.O. Box 1280, Riverside, CA 92502-1280 .. (909) 955-8982 .. FAX (909) 781-9653 .. 4080 lemon Street 9th Floor, Riverside, CA 92501 '.and Use and Water Engineering" p.0- Box 1206, Riverside, CA 92502-1206 .. (9091955-8980 .. FAX (909) 955-8903 .. 4080 Lemon Street, 2nd Roor. Riverside, CA 92~01 @ Rancho later Board or Directors Ben R- Dnb President Stepben -J. Corona Sr.Yu:ePtuident Ralph H. Daily Usa D. Herman .John E. Hoaglaad. . MkhaeI B. McMillan WUliam. E. Pluminer Officers: Brian J. Brady General Manager Phlllip L Forbes Assistant Genenl Manager f ChiefFinanciaJ. Officer E. P. "B;ob- Lemon. DirectorofEDcineering Perry R. Louck Director of Planning J~D. Armstrva& Controller KeUi Eo Garda Diotrict""",",," C. Michael Cowett Best Best.. ltriepr lLP . Genonol """"'" "' January 5, 2006 Veronica McCoy, Project Planner City of Temecula Planning Department. 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 jj'~cg~uw~ y n JAN 0 9 2006 .!J By .. """".......... planning ""J""U'-" SUBJECT: WATER AVAILABILITY DOWN'S ENERGY; PARCELS NO.1 AND NO.2 OF P ARCF.L MAP NO. 0018 APN 921-040-040 AND APN 921-040-041 CITY PROJECT NO. P A05-0402 1M & D PROPERTIESI Dear Ms. McCoy: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off-site water, facilities and the completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. ' Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. If you should have any- que&~iO/1s, please contaCt an Engineering ServiCes Representative at this office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT 7?:Jdt!:err-- Development Engineering Manager O6IMM:lmOOJIFEG c: Laurie Williams, Engineering Services Supervisor / Rancho California Water- Distrid 42135 Winchester Road . Post 0fIice Box 9017 . Ternecula, ,Califomia 92589-9017 . (951) 296-6900 . FAX (951) 296-6860 ATTACHMENT NO.4 INITIAL STUDY G:lPlanning\200SIPAOS-Q402 Downs Energy - DPlPlanninglPC Hearing llemslStaff Report PAOS-Q402.doc 13 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Proiect Title Lead Agency Name and Address I I Dana Schuma, Associate Planner I (951) 694-6400 Northwest corner of Rancho Way and Diaz Road (Assessor's Parcel I No. 921-040-040 & 321-040-041) Gates and Haas 28465 Old Town Front Street Temecula, CA 92590 Industrial Park (IP) Liqht Industrial (Lit A Conditional Use Permit and Development Plan for the construction and operation of a liquid natural gas (LNG) fueling station and office/warehouse building on a 0.91 acre site. The project will consist of one 45-foot high LNG tank containing 14,850 gallons, a 30,000 gallon emergency underground water storage tank, and a 14,776 square-foot office/warehouse building. The 45-foot high tank will be located within an eight-foot wall enclosure on the northwest corner of the property. The proposed building will be used for offices and above ground oil storage tanks. The project will occur on a previously Qraded site in a planned industrial area. The site is surrounded by industrial uses. To the north and south of the site are industriaVcommercial buildings. The east side of the property is adjacent to Diaz Road and Murrieta Creek, and to the west is an existinQ Qas station. None Down's Energv City of T emecula P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number Project Location Project Sponsor's Name and Address General Plan DesiQnation _ Zoning Description of Project Surrounding Land Uses and Selling Other public agencies whose approval is reauired Project Site , .., '-/ / \ G:\Planning\200SIPAOS-Q402 Downs Energy - DPlPlanninglCEQA~nitial Study - Downs Energy.doc 1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact" as indicated by the checklists on the following pages. Aesthetics Agriculture Resources Air Qualitv I BioloQicai Resources v' I Cultural Resources .( I GeoloQY and Soils .( I Hazards and Hazardous Materials .( I Hydrology and Water Quality I Land Use and Planning Mineral Resources v' Noise Population and Housing I Public Services Recreation I T ransportationIT raffic I Utilities and Service Svstems I Mandatorv Findings of Significance I None Determination (To be completed by the lead agency) On the basis of this initial evaluation: ./ I find that the proposed project COULD NOT have a significant effect on the environment, and a I NEGATIVE DECLARATION will be prel?ared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the proiect proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed projeet MAY have a significant effect on the environment, and an I ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment; but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is reouired, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier ErR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. \o~ fJ~ Signature I ()/ f / ~t Date Dana Schuma Printed name City of T emecula For G:lPlanning\200SIPAOS-Q402 Downs Energy - DP\PlanningICEQA~n~ia1 SltJdy - Downs Energy.doc 2 --.. ^... -. 1. AESTHETICS. Would the project: a. b. Issues and Suo~rtino Information Sources Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic hiohway? Substantially degrade the existing visual character or quality of the site and its surroundings? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Potentially Significant Imoad potentiaUy Significant Unless Mitigation Incorcorated Less Than Significant Impact No Impact " " c. " d. " Comments: l.a. No Impact: The proposed project is on 0.91-acres of vacant land. The properties adjacent to the proposed project are developed. To the west of the site is an existing fueling station. No scenic vistas have been identified or will be adversely impacted from developing the proposed project. 1.b. No Impact: No major rock outcroppings or historic buildings exist on the project site. The proposed project is not located on or near a scenic highway. There will be no impact to any scenic resources from the proposed facility. 1.c. Less Than Significant Impact: The proposed LNG tank will stand 45 feet in height with a three-foot blow off valve at the top. The proposed building will range between 38 feet and 24 feet in height. The maximum height permitted in the Light Industrial zone is 50 feet. The proposed building has been strategically located on the site to help mitigate the visual impact of the LNG lank from across the Temecula Creek to the east and from the adjacent properties. Based on the project design and the existing developments surrounding the site, the aesthetic impacts from the proposed project are forecast to be less than significant. 1.d. No Impact: The proposed project site is surrounded by industrial development, which illuminates the site. The proposed project will not add substantial new lighting or glare which would adversely affect views in the area. The project will be conditioned to comply with the requirements of the Riverside County Mount Palomar Observatory Ordinance 655. No impact is anticipated as a result of the proposed project. G:\Planning\2005\PAOS-Q402 Downs Energy - PPlPlanninglCEOAUnitial Study - Downs Energy.doc 3 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use In assessing impacts on agriculture and farmland. Would the project: b. Issues and Suoportinq Information Sources Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-a!:lficultural use? Conflict with existing zoning for agricultural use, or a I Williamson Act contract? . Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland. to non-aqricultural use? PotentiaUy Significant Im'Jact PotentiallY Significant. Unless Mitigation IncorDorated Less Than Significant lmoact No Imoact a. ,( ,( c. ,( Comments: 2.a-c. No Impact: The project site has previously been disturbed for industrial uses. This property is not considered prime or unique farmland of statewide or local importance as identified by the State Department of Conservation and the City of Temecula General Plan. The site is not under a Williamson Act contract nor is it zoned for agricultural uses. In addition, the project will not involve changes in the existing environment, which would result in the conversion of farmland to non-agricultural uses. No impact is anticipated as a result of the proposed project. . G:\Pianning\2Q05IPAOS-0402 Downs Energy - DPlPlanninglCEQAllnitial Study - Downs Energy_doc 4 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a. Issues and Supoorti~lnfonnationSources Conflict with or obstruct implementation of the applicable air guality plan? Violate any air quality standard or contribute substantially to an existinQ or IJroiected air quali~ violation? Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed Quantitative thresholds for ozone precursors)? I Expose sensitive receptors to substantial poliutant concentrations? I Create objectionable odors affecting a substantial number of people? Potentially Significant Imoact Potentially Significant Unless Mitigation lncoroonlted No Impact Less Than SignUicanl ImDact ./ b. ./ c. ./ d. ./ e; ./ Comments: 3.a. No Impact: The proposed project consists of a fueling station for liquid natural gas (LNG) including a LNG tank, underground water storage tank, and a 14,776 square-foot office/warehouse building. The General Plan EIR assumed that development would occur on the subject site consistent with the General Plan land use designation of Industrial Park ((P). The General Plan designation is implemented through the City's LI (Light Industrial) zoning designation. The General Plan EIR analyzed the potential impacts from potential uses in the LI zone. In addition, an Air Quality Analysis Report was completed for the project, which concludes that installation of the fueling station would support the implementation of SCAQMD Rule 1193. SCAQMD Rule 1193 is a requirement to increase the use of alternative fuel heavy-duty vehicles to help achieve air pollutant emission reductions in the South Coast Air Basin. Therefore, the proposed project will not conflict or obstruct the implementation of the applicable air quality plan. 3.b and d. Less Than Significant Impact: The proposed project will result in short-term dust and exhaust emissions during the project construction phases. The URBEMIS emissions modal used in the Air Quality Analysis Report concludes that all emissions generated over the estimated construction period of three months are well within their requisite threshold values. The proposed project will also result in long-term air pollutant emissions, including NOx, ROC, CO, PM10, and SOx emissions, during project operation. The URBEMIS emissions modal concludes the estimated air pollutant emissions for all criteria pollutants would be below the applicable emission thresholds. Based on the URBEMIS analysis contained in the Air Quality Analysis Report, the estimated air pollutant emissions for both project construction and operations would not exceed the emission thresholds established by the SCAQMD. Therefore, the proposed project will not violate an applicable air quality standard, contribute substantially to an existing or projected air quality violation, or expose sensitive receptors to substantial pollutant concentrations. Air quality impacts from the proposed project are considered to be less than significant. 3.c. Less Than Significant Impact: Based on the Air Quality Analysis Report prepared for the project, natural gas is considered cleaner burning than gasoline or diesel fuel, and natural gas vehicles show an average reduction in ozone-forming emissions of 80 percent compared to gasoline vehicles. The Report also concludes that all emissions generated from project construction and operations are well within their requisite G:lPlanning\200SIPAOS-Q402 Downs Energy - DPlPlanninglCEOAUnitial Study - Downs Energy.doc 5 threshold values. Therefore, the proposed project will not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ambient air quality standard and impacts are considered to be less than significant as a result. 3.e. Less Than Significant Impact: Certain amounts of odors will be generated from vehicles tailpipe exhaust emissions during construction and operation. These odors would be attributable to emissions from unburned hydrocarbons from tailpipes which are typically very small. Additionally, the proposed project (an LNG fueling station) is not considered a land use that would generate significant odor impacts. Odor impacts associated with the proposed project therefore would be less than significant. . G:lPlanning\2005IPAOS-Q402 Pawns Energy - OPlPlanninglCEOAUnitial Study - Downs Energy.doc 6 4. BIOLOGICAL RESOURCES. Would the project? a. b. c. d. e. f. Issues and Supoortinp Information Sources Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption. or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: " Potentially Significant Imoact Potentially Significant Uruess Mitigation Incoroorated No Impact Less Than Significant Impact ./ ./ ./ ./ ./ ./ 4.a-e. No Impact: The project site has been previously graded and does not contain any natural biological resources, including wetlands, riparian habitat, vernal pools, or nursery sites. The site is located within the Stephen's Kangaroo Rat Habitat Fee Area. Habitat Conservation fees are required to offset the effect of cumulative impacts to the species from urbanization occurring throughout western Riverside County and the project will be conditioned to pay this fee. Therefore, no impacts are anticipated as a result of this project. 4.1. Less Than Significant Impact: The project is located in a Multiple Species Habitat Conservation Plan Criteria Cell. The applicant filed a Habitat Acquisition and Negotiation Strategy (HANS) application. The City of Temecula has not identified this property as a candidate for habitat acquisition. Additionally, the applicant will be required to pay MSHCP mitigation fees and all impacts are anticipated to be less than significant as a result of the proposed project. G:\Planning\200SIPA06-0402 Downs Energy - DPlPlanninglCEQA~nitial Study - Downs Energy.doc 7 lb. I c. I d. 5. CULTURAL RESOURCES. Would the project: a. Issues and Suooortino Information Sources Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? Cause a SUbS. tantial adverse change in the significance of I an archaeoloQical resource pursuant to Section 15064.5? I Directly or indirectly destroy a unique paleontological I resource or site or unioue Qeoloqic feature? I Disturb any human remains, including those interred I outside of formal cemeteries? Potentially SignifICant ImDacl Potentially Significant Unless Mitigation locoroorated No Imoact Less Than Significant ImDact " " " " Comments: 5.a-d. Potentially Significant Unless Mitigation Incorporated: The City of Temecula General Plan (November 9, 1993, Figures 5-6 and 5-7) does not identify the project site as a sensitive archaeological or paleontological resource area. However, UC-Riverside Eastern Information Center, Department of Anthropology, identified the site as a potential area for containing cultural resources. The site has been previously graded and disturbed, but not surveyed. The project therefore has potential to cause a substantial adverse change in the significance of a historical or archeological resource as defined in Section 15064 and the following mitigation shall be required as part of the mitigation monitoring program to ensure proper treatment and disposition of any unknown cultural resources that may be inadvertently discovered during further excavation activities. a. 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. b. 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. c. 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. d. All sacred sites are to be avoided and preserved. G:\Planning\2005IPAOS-Q402 Downs Energy - DP\PlanningICEOA~nitial Study - Downs Energy.doc 8 6. GEOLOGY AND SOILS. Would the project: Issues and SupPOrtina Infonnation Sources a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involvinQ: I. The rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) ii. I StronQ seismic }Iround shakinQ? iii. I Seismic-related Qround failure. includinQ liquefaction? iv. I Landslides? b. I Result in substantial soil erosion or the loss of topsoil? I c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a' result of the project, and potentially result in on- or off-site landslide, lateral spreadinQ. subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: ..J Potentially Significant ImDact Potentially Significant Unless Mitigation Incoroorated No Impact Less Than Significant Imoact v" v" v" v" v" v" v" v" 6.a.i. Less Than Significant Impact: The City of Temecula General Plan (November 9,1993, Figure 7-1) did not identify any faults through this property nor is it located within an Alquist-Priolo Special Studies Zone, therefore no impact is anticipated as a result of the proposed project. 6.aJi. Potentially Significant Unless Mitigation Incorporated: The project is located in Southern California, an area that is seismically active. Any potentially significant impacts from seismic ground shaking or ground failure will be mitigated through engineering best practices and consistency with Uniform Building Code standard evaluated during the building plan check process. After the following mitigation measures are incorporated, no impacts are anticipated as a result of this project. a. Prior to the issuance of grading and building permits, the recommendations contained in geotechnical report(s) shall be implemented and consistency with Uniform Building Code standard evaluated during the building plan check process. 6.aJii. Potentially Significant Unless Mitigation Incorporated: There may be a potentially significant impact from seismic related ground failure including liquefaction. According to the General Plan (November 9, 1993, Figure 7-2), the site is located within an identified area of potential subsidence and liquefaction hazards. The Geotechnical Analysis prepared by Environmental & Geotechnical Engineering Network Corporation, June 2004, identified that a potentially significant impact exists to the underground tanks from liquefaction unless G:\Planning\2005\PA06-0402 Pawns Energy. DPlPlanninglCEOAllnitial Study - Downs Energy.doc 9 J mitigated. All potentially significant impacts will be mitigated through building construction to a less than significant impact level and the following shall be part of the mitigation monitoring program: a. The 30,000-gallon emergency underground water storage tank shall employ a tie-down system such as a deadman, or concrete blocks with connecting straps to hold the tanks in place. Prior to building permit issuance, the applicant shall provide the Building and Safety Department and the Planning Department with the structural design plans for review and approval. 6.a.iv. Less Than Significant Impact: The results of geologic investigations indicate that potential for landsides is very low due to the relatively flat topographic relief of the site. A less than significant impact would occur and no mitigation measures would be required. . 6.b. Less Than Significant Impact: The proposed grading activities are anticipated to be routine with review of engineered grading plans. With the implementation of a Stormwater Prevention Pollution Plan (SWPPP) for grading and construction the proposed project is not anticipated to contain any unstable soil or erosion conditions that would result in substantial soil erosion or the loss of topsoil. Therefore, a less than significant impact is anticipated as a result of this project. 6.c. Less Than Significant Impact: The site is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project. According to the Geotechnical Analysis prepared for the project, potential for landslides is considered to be very low due to the relatively flat topographic relief of the site. Additionally, the site is located on alluvial soil which was found to have low expansion potential. The applicant will be required to prepare soils reports prior to issuance of a grading permit. Less than significant impacts are expected as a result of the project. 6.d. Less Than Significant Impact: The results of geologic investigations indicate that the soils underlying the site generally have a low expansion potential. A less than significant impact would occur and no mitigation measures would be required. 6.e. No Impact: Septic sewage disposal systems are not proposed for this project. The project will be required to hook up to the existing public sewer system. Therefore, no impacts are anticipated as a result of this project. G:\Planningl2OO5\PAOS-Q402 Downs Energy. DPlPlanninglCEOAUnitial Study. Downs Energy.doc 10 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a. b. c. d. e. f. g. h. Issues and SuoDortinp Information Sources Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one- quarter mile of an existinQ or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, wouid the project result in a safety hazard for people residing or workinQ in the !,?roiect area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or workinq in the proiect area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: Potentially Significant Imoact Potentially Significant Unless Mitigation lncoroorated No Impact less Than SigniflCaflt ImDact ,f ,f ,f ,f ,f ,f ,f ,f 7.a-b. Potentially Significant Unless Mitigation Incorporated: The applicant is proposing a fueling station for liquid natural gas (LNG), which includes a liquid natural gas (LNG) tank, at grade oil storage tanks, and existing underground fuel storage tanks under a separate permit at an existing adjacent station. The fuels stored and/or distributed from the site will be gasoline, kerosene, solvent, motor oil, industrial oil, gear oil, grease, anti-freeze, and detergent. It is expected that these tanks will be refilled every one to two days as' needed. The proposed project will use existing Diaz Road as the ingress and egress point. All potentially significant impacts to the public or the environment resulting from routine transportation, use, or disposal of hazardous materials or the accidental release of hazardous materials into the environment shall be mitigated with implementation of a business emergency plan. The plan ensures all potentially hazardous materials are contained, stored, used, and disposed of in compliance with applicable standards and regulations, and that the appropriate personnel are contacted in the event of a hazardous materials-related emergency. The following shall be required as part of the mitigation monitoring program. G:IPlanning\2005\PAOS-Q402 Downs Energy . PP\PlanningICEQA~nitial Study - Downs Energy.doc 11 a. The applicant shall submit a Business Emergency Plan annually to the County of Riverside Hazardous Materials Management Division for operations permit renewal. The applicant shall provide a copy of the Business Emergency Plan to the Planning Department prior to Building Permit Issuance. 7.c. No Impact: No schools exist or are proposed within one-quarter mile of the proposed project site; therefore, no impacts are anticipated as a result of the proposed project. 7.d. No Impact: The proposed project is not on a site included on a list of hazardous materials sites pursuant to Government Code Section 65962.5 that would create a significant hazard to the public or the environment, and no impacts are anticipated as a result of the proposed project. 7.e-f. No Impact: The proposed project is not located within an airport land use plan or within two miles of a public airport or private air strip. No impact to people working in the area or airport uses is anticipated as a result of the proposed project. 7.g. No Impact: The proposed project is not located in an emergency response or evacuation plan area. Therefore the project would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated as a result of the proposed project. 7.h. No Impact The project site is within an urbanized area that is not considered to be a high fire risk area. The proposed project complies with all applicable Building and Fire Codes. This project would not expose people or structures to a significant risk or loss, injury or death involving wildland fires and no impact is anticipated as a result of this project. G:lPlanning\2005\PAOS-0402 Downs Energy. PPlPlanninglCEQAllnilial SI1Jdy - Downs Energy.doc 12 8. HYDROLOGY AND WATER QUALITY. Would the project: a. Issues and SUDDortino Information Sources . Violate any water quality standards or waste discharge requirements or otherwise substantially degrade water quality? Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been orantedl? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in floodino on or off-site? Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of eolluted runoff? I Require the preparation of a Water Quality Management I Plan? Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? I Place within a 100-year flood hazard area structures which I would impede or redirect flood flows? Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? I Inundation bv seiche. tsunami, or mudflow? Potentially Significant Impact Potentially Significant Unless Mitigation Incoroorated No Impact b. c. d. e. f. g. h. i. i. Comment: Less Than Significant ImDact ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ 8.a. No Impact: The project will be required to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES). By complying with the NPDES requirements, the project will not violate any water quality standards or waste discharge requirements that would substantially degrade water quality. No impact is anticipated as a result of this project. 8.b. No Impact: The proposed project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level because the project will not use wells. The project will not have an affect on the quantity and quality of ground waters, either through direct additions or withdrawals. The proposed project is required to comply with local development standards, including lot coverage and landscaping G:\Planning\2005\PAOS-Q402 Downs Energy - DPlPlanning\CEQA~nitiaJ Study - Downs Energy.doc 13 requirements, which allow for percolation and ground water recharge. No impact is anticipated as a result of the proposed project. 8.c. Less Than Signif~cant Impact: The proposed project will include an on-site drainage plan and is required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge System (NPEDS) standards. Through implementation of the project Stormwater Prevention Pollution Plan (SWPPP), erosion and siltation issues are controlled to a less than significant impact level. Therefore, this project will hot substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river in a manner which would result in substantial erosion or siltation on or off-site. A less than significant impact is anticipated as a result of the proposed project. 8.d. Less Than Significant Impact: The proposed project would increase runoff as a result of increasing the impervious surface on the project site. The City imposes standard mitigation to detain surface runoff on the property to ensure that the maximum runoff volume from the site is not significantly increased. The City of Temecula Public Works Department has reviewed the on-site drainage plan and determined adequate drainage facilities are in place to accommodate additional flow. With implementation of the project Water Quality Management Plan (WQMP), the proposed project will not substantially alter the existing drainage pattern of the site or area, nor will it substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. Therefore, a less than significant impact is anticipated as a result of the proposed project. 8.e. Less Than Significant Impact: The project is required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Discharge Elimination System (NPDES) standards, which address drainage and polluted runoff. Through implementation of the WQMP, the proposed project will not create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. A less than significant impact is anticipated as a result of the proposed project. 8.1. Less Than Significant Impact: The project required the preparation of a Water Quality Management Plan (WQMP) to address on and off-site drainage, run-off, and flooding. The WQMP was submitted in December 2005 and completed in September 2006. With the approved BMP's incorporated on site a less than significant impact is anticipated. ' 8.g. No Impact: The proposed project is an industrial development for a liquid natural gas fueling station and office/warehouse building; therefore, housing will not be placed within a 1 OO-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. No impact is anticipated. 8.h. Potentially Significant Unless Mitigation Incorporated: The proposed project is located adjacent to Murrieta Creek and will place structures within a 100-year flood hazard area as mapped on Figure PS-2 in the Public Safety Element of the General Plan. The Army Corps of Engineers (ACOE) is in the process of improving the creek which will allow the creek to carry greater flow. As a result of the creek improvements, the flood zone boundaries will change and the property will be remapped out of the flood-plain. The City of Temecula Public Works Department has reviewed the potential flood hazards and determined that the proposed structures would not impede or redirect flood flows with the following mitigation: a. Prior to issuance of a building permit, the applicant shall provide verification to the Department of Public Works that the finished pad elevation is higher than the flood-plain elevation. b. Prior to the issuance of a building permit, the applicant shall file a Conditional Letter of Map Revision (CLOMR) application with the Department of Public Works to officially remap the property out of the flood-plain zone. If the property is not remapped prior to issuance of a building permit the applicant shall obtain flood-plain insurance on the property and provide proof of such insurance to the Department of Public Works. G:\Planning\200S\PAOS-Q402 Downs Energy - PPlPianninglCEOAllnilial Study - Downs Energy.doc 14 8.1. No Impact The project site is not located within a dam inundation area. The project would not expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of a levee or dam failure. No impact is anticipated as a result of the project. 8.j. No Impact: The proposed project is not located near a coast line which would be subject to inundation by seiche, tsunami, or mudflow. No impact is anticipated as a result of the proposed project. G:\Planning\2005IPAOS-Q402 Downs Energy. PP\PlannlngICEQA~nitial Study. Downs Energy.doc 15 9. LAND USE AND PLANNING. Would the project: I a. b. Issues and Suooortino Information Sources Phvsicallv divide an established community? Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant lmoact Potentially Significant Unless Mitigation lncorooraled Less Than Significant ImDact No Imoact ./ ./ I c. ./ Comments: 9.a-b. No Impact: The proposed project is consistent with the General Plan, currently zoned Light Industrial (L1), and will not divide an established community or conflict with the applicable land use plan. The proposed project is located in an industrial area and is an expansion of an existing fueling station adjacent to the west. In addition to the Development Plan application for this site, the project also involves an application (PA06- 0135) for a Conditional Use Permit to establish and operate a Liquid Natural Gas tank (LNG) distribution station and truck storage facility. The proposed conditional use is also consistent with the City of Temecula General Plan and Development Code. Therefore, no impact is anticipated as a result of this project. 9.c. Less Than Significant Impact: The project is located in a Multiple Species Habitat Conservation Plan Criteria Cell. The applicant filed a Habitat Acquisition and Negotiation Strategy (HANS) application. The City of Temecula has not identified this property as a candidate for habitat acquisition. The project is consistent with the applicable Multi Species Habitat Conservation Plan and any potential impacts are anticipated to be less than significant. G:\Planning\200SIPAOS-Q402 Downs Energy - DPlPlanninglCEQAUnitial Study - Downs Energy.doc 16 10. MINERAL RESOURCES. Would the project: a. Issues and SUDoortlno Information Sources Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Potentially Significant Imood Potentially SigniflCallt Un!ess Mitigation lncomorated less Than Significant Imoact No Imoact '" b. '" Comments: 1 O.a. and b. No Impact: The project will not result in the loss of availability of a known mineral resource nor in the loss of an available, locally important mineral resource recovery site. The State Geologist has classified the City of Temecula a classification of MRZ-3a, containing areas of sedimentary deposits, which have the potential for supplying sand and gravel for concrete and crushed stone for aggregate. However, these areas are deterinined as not containing deposits of significant economic value based upon available data in reports prepared in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975. Furthermore, the project site is not identified as an important site known to maintain such resources as shown in the Final EIR for the City of Temecula General Plan. Therefore, no impacts are anticipated as a result of this project. G:lPlanning\200S\PAOS-Q402 Downs Energy. PPlPlanninglCEOAUnttial Study - Downs Energy.doc 17 11. NOISE. Would the project result in: a. b. c. d. e. f. Issues and Suooortinalnfonnation Sources Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other aQencies? Exposure of persons to or generation of excessive I qroundborne vibration or groundborne noise levels? . A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the t>roiect? A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the proiect? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area.to excessive noise levels? For a project within the vicinity of a private airstrip, would the project expose people residing or working in the proiect area to excessive noise levels? Potentially Significant Imoact Potentially Significant Urness Mitigation Incoroorated No Impact Less Than Significant Imoact v' v' v' v' v' v' Comments: 11.a. and c. Potentially Significant Unless Mitigation Incorporated: The maximum noise level allowed is determined by land use. The following describes adopted City policies related to noise control standards, exterior noise impact, and interior noise impacts. The City of Temecula General Plan Noise Element specifies a maximum allowed noise level of 80 dBA CNEL may be generated from light industrial land uses. This standard represents the maximum level of noise exposure on any community from a light industrial land use. The project site will contain one LNG tank, one dispenser pump skid, one offload pump skid, and one LCNG pump which may result in the exposure to or generation of noise levels in excess of standards established in the City of Temecula General Plan unless mitigated. Development of the land will result in increases to noise levels during construction phases as well as increases to noise in the area over the long-term. An increase in the existing noise levels due to construction equipment and activities would be on a temporary basis and considered a less than significant impact. In relation to long-term noise impacts, the City's General Plan Noise Element specifies a maximum allowed noise level of 75 dBA exterior and 55 dBA interior for this land use type. Acoustical characteristics of an LNG station were provided to identify the level of noise generated by typical operation (analysis prepared by Chart Industries dated May 19, 2006). The fuel for the station will be delivered by a tanker truck. Typically, the offload pump will run one hour per week at an 85db level. The LNG pump will run for 5 to 25 minutes at an 85db level periodically when the CNG tubes are emptied. The dispenser pump for the LNG tank will run at 20db every time an LNG vehicle is filling with fuel. To mitigate this impact, a depressed containment area shall be required for all LNG tank equipment that consists of a 42-inch high wall to deflect noise impacts. This mitigation shall reduce the impact to 62.4 dbA at 50 feet from the source. The long-term operational noise G:lPlanning\2005IPAOS-0402 Downs Energy - DPlPlanninglCEOAUnitial Study - Downs Energy.doc 18 levels will be required to be within noise level standards established by the Noise Element of the City of Temecula General Plan. The following shall be required as part of the mitigation monitoring program. a. Prior to building permits the project proponent shall submit an acoustical analysis prepared by a certified acoustical engineer to ensure that noise levels will not exceed an Ldn of 75 dBA exterior or an Ldn of 55 dBA interior at the receptor. The analysis shall include requirements such as special design measures to protect surrounding noise sensitive uses from ultimate projected operational noise levels. 11.b. Less Than Significant Impact: Construction activities are anticipated within the proposed project that could expose persons to or generate excessive groundborne vibration or groundborne noise levels. However, noise from construction of the project is temporary and required to comply with City ordinances regulating the hours of activity to Monday through Friday from 6:30 a.m. to 6:30 p.m. and Saturday from 7:00 a.m. to 6:30 p.m. in industrial areas. Less than significant impacts are anticipated as a result. 11.d. Less Than Significant Impact: The project may result in temporary or periodic increases in ambient noise levels during construction. However, noise from construction of the project will comply with City ordinances regulating the hours of activity to Monday through Friday from 6:30 a.m. to 6:30 p.m. and Saturday from 7:00 a.m. to 6:30 p.m. in industrial areas. In addition, the project site is within an industrial area where the closest residential units are over one-quarter mile away and will not be impacted from temporary increases in ambient noise levels. Less than significant impacts are anticipated. 11. e-f. No Impact: This project is not within two miles of a public airport or private airstrip. Therefore, people working in the project area will not be exposed to excessive noise levels generated by an airport and no impacts will result from this project. G:\Planning\200SIPAOS-0402 Downs Energy. DPlPlanninglCEOAllnttial Study - Downs Energy,doc 19 - 12. POPULATION AND HOUSING. Would the project: a. Issues and SuDDOrtim~lnformation Sources Induce substantial popuiation growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Displace substantial numbers of people, necessitating the construction of replacement housinQ elsewhere? Potentially Significant ImDact Potentially Significant Unless Mitigation Incoroorated Less Than SignifICant Imoad No Imoact ./ b. ./ c. ./ Comments: 12.a-c. /'10 Impact: The proposed project is a fueling station for liquid natural gas (LNG), including a liquid natural gas (LNG) tank, underground water storage tank, and a 14,776 square foot office/warehouse building within an industrial zoned area. The project does not propose new homes or businesses that will induce substantial growth in the area either directly or indirectly. The project will not displace substantial numbers of people or existing housing, necessitating the construction of replacement housing. No impacts are anticipated as a result qf this project. G:lPlanning\200S\PAOS-Q402 Downs Energy - DPlPlanninglCEQA~nidaJ Study - Downs Energy.doc 20 . 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: I a. lb. I c. I d. Ie. Issues and SUDDOrtina InformatlonSources Fire protection? Police protection? Schools? Parks? Other public facilities? Potentially Significant Imoact Potentially Significant Unless Mitigation I....::.................J less Than Significant Impact ,; ,( ,( ,( ,( No ImDact Comments: 13.a-e. Less Than Significant Impact: The proposed project for a fueling station for liquid natural gas (LNG), including a liquid natural gas (LNG) tank, underground water storage tank and a 14,776 square foot office/warehouse building will have a very minor (less than significant) impact on upon public facilities. The project will not result in a need for new or altered fire, police, or recreation facilities. The project will not have an impact upon, and will not result in a need for new or altered school facilities. However, sewer and water service will need to be extended to serve the development. The Rancho California Water District (RCWD) has been made aware of this project and indicated sewer and water service is available and may be extended to the site upon agreement between the property owner and RCWD. No significant impacts are anticipated as a result of this project. G:\Planning\2005IPA05-0402 Oowns Energy - DPlPlannjnglCEQA~ni1iaJ Study - Downs Energy.doc 21 14. RECREATION. Would the project: a. Issues and Supoortino Information Sources Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Potentially Significant lmooct potentially Significant Unless Mitigation Incorporated less Than Significant Impact No lmeact ,/ b. ,/ Comments: 14.a. No Impact: The project is located within an industrial zone planned for this type of development. The project will not increase the use of recreational facilities or cause the deterioration a recreational land. No impacts are anticipated as a result of this project. 14.b. No Impact: The proposed project does not include an open space or recreational facility. The project will not require the construction or expansion of additional recreational facilities. No impacts are anticipated as a result of the proposed project. G:\Planning\200S\PAOS-Q402 Downs Energy. DP\PlanningICEOA~nitial Study - Downs Energy,doc 22 Ie. I f. g. 15. TRANSPORTATlON/TRAFFIC. Would the project: a. Issues and SuooortinQ Information Sources Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (Le., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for desiqnated roads or highways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm eouipmentl? I Result in inadeouate emergency access? I Result in inadequate parkinQ. capacity? Conflict with adopted policies, plans, or programs supportirig alternative transportation (e.g., bus turnouts, bicycle racks)? Potentially SignifICant Imoact Potentially Significant Unless Mitigation Incoroorated No Impact b. c. d. Comments: Less Than Significant Imoact ./ ./ ./ ./ ./ ./ ./ 15.a. Less Than Significant Impact: The proposed project is located on Diaz Road, which is identified as a major arterial (four-lane divided) on the City's Circulation Plan. There will be an increase in vehicle trips on adjacent streets once the proposed project is developed. The City's Traffic Engineer has indicated that the project would have a less than significant impact to the existing road system because the existing roadways have been developed consistent with the City's General Plan and in anticipation of the areas proposed industrial development. Because the land use intensity is consistent with the General Plan, no further traffic studies were required for this project. Less than significant impacts are anticipated as a result of this project. 15.b. No Impact: The proposed project is not anticipated individually or cumulatively to exceed the level of service standard established by the county congestion management agency. No impacts are anticipated as a result of this project. 15.c. No Impact: The proposed project will not result in a change in air traffic patterns, including an increase in traffic levels or a change in location that would result in substantial safety risks. This site is not within the French Valley Airport influence area. No impacts are anticipated as a result of the project. ' 15.d-f. No Impact: The proposed project will not result in hazards to safety from design features related to sharp curves or dangerous intersections. The project is compatible with the surrounding u.ses and a fuel station serviced by tanker trucks already exists adjacent to the subject site. The project is designed to current City standards and provides for adequate ingress and egress from the site. The Fire and Police Departments have reviewed the proposed project and have determined that adequate emergency access has been provided. The proposed project meets industrial and office use parking requirements per Chapter 17.24 of the Temecula Development Code. A mutual ingress and egress and reciprocal parking agreement has been established between the existing fueling station and the proposed project. No impacts are anticipated as a result of this project. G:lPlanning\200SIPAOS-Q402 Downs Energy - DPlPlanninglCEaA~nitial Study - Downs Energy.doc 23 15.g. No Impact The surrounding industrial area has established alternative transportation routes (i.e. bus and bicycle routes). Additionally, development of the LNG station will help to support the use of alternative fuel heavy-duty vehicles. Therefore, the project does not conflict with adopted policies, plans, or programs supporting alternative transportation. No impacts will result from this project. G:lPlanning\200S\PAOS-Q402 Oowns Energy - DPlPlanninglCEQA\lnit1al Study' Downs Energy.doc 24 a. b. c. . d. e. f. g. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: Issues and Suooortina Infannation Sources Exceed wastewater treatment requirements of the applicable ReQional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? I Be served by a landfill with sufficient permitted capacity to I accommodate the project's solid waste. disposal needs? I Comply with federal, state, and local statutes and I reQulations related to solid waste? Comments: PotentiaUy Significant Imoad PotentiaUv Significant Unless Mitigation lncomorated No lmoact Less Than Significant lmoact ./ ,/ ,/ ./ ./ ,/ ./ 16.a., b., and e. Less Than Significant Impact: The project will not exceed wastewater treatment requirements, require the construction of new treatment facilities, nor affect the capacity of treatment providers. The project will have an incremental effect upon existing systems. Since the project is consistent with the City's General Plan, less than significant impacts are anticipated as a result of this project. 16.c. Less Than Significant Impact: The proposed project would increase runoff as a result of increasing the impervious surface on the project site. The City imposes standard mitigation to detain surface runoff on the property to ensure runoff from the site is not significantly increased. The project will not result in the need for construction of new storm water drainage facilities other than those on-site facilities analyzed as part of the project. Less than significant impacts are anticipated as a result of this project. l6.d. Less Than Significant Impact: The project will not significantly impact existing water supplies nor require expanded water entitlements. Adequate water supplies have been identified by the Rancho California Water District to meet the current and immediate future demands in its service area, including the proposed project. Therefore, a less than significant impact is expected. 16.f. and g . Less Than Significant Impact: The project will not result ina need for new landfill capacity. According to the General Plan and the County Solid Waste Management Plan adequate landfill disposal capacity exists within the regional landfills to meet current and future demands. Any potential impacts from solid waste created by this development can be mitigated through participation in Source Reduction and Recycling Programs, which are implemented by the City. Less than significant impacts are anticipated as a result of this project. G:\Planning\2005IPA05-Q402 Downs Energy - DP\PlannlnglCEQAUnitial Study. Downs Energy.doc 25 - 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: a. b. c. Issues and SUDoortimJ Intannation Sources Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, calise a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California histo!\, or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? . ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current proiects, and the effects of probable future proiects)? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: Potentially Significant Imoact Potentially Significant Unless Mitigation Incoroorated No Impact Less Than Significant Imoact ./ ./ ./ 17.a. Less Than Significant Impact: This project is a fueling station for liquid natural gas (LNG) including an LNG tank, underground water storage tank, and a 14,776 square foot office/warehouse building. Industrial development of this type is allowed in the Light Industrial land use designation and conditionally permitted in the Light Industrial zone. The site is surrounded by industrial development. It has been previously graded and disturbed, and there is no known habitat value. Therefore, the development does not have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Less than significant impacts are anticipated as a result of this project. 17.b. Less Than Significant Impact: The project will not have a cumulative effect on the environment since. the project site is located in a light industrial area and surrounded on three sides by existing or planned industrial development. All cumulative effects for the various land uses of the subject site as well as the surrounding developments were analyzed in the General Plan Environmental Impact Report. With the mitigation measures in place, the project will be consistent with the General Plan and Development Code. The cumulative impacts related to the development of this site will not have a significant impact. 17.c. Less Than Significant Impact: This project will be constructed consistent with Uniform Building Code Standards. The project will be designed consistent with the General Plan and Development Code and with the identified mitigation required to be implemented, the proposed project i:;; not anticipated to cause any environmental effects that would cause substantial adverse effects on human beings, directly or indirectly. Potential impacts include temporary construction effects and the long-term effects that result from the operation of an LNG station. Most of the potential adverse impacts are either not significant or can be controlled to a less than significant impact with identified mitigation measures. Several potential impacts (cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, and noise) require mitigation to ensure that impacts are controlled to a less than significant level. G:\Planning\200S\PAOS-Q402 Downs Energy - DP\Planning\CEQA~nitial Study - Downs Energy.doc 26 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a. Earlier analyses used. Identify earlier analyses and state where they are available for review. b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation measures. For effects that are "Less than Significant with MitigatiDn Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 18.a. The City's General Plan and Final Environmental Impact Report were used as a referenced source in preparing the Initial Study. These documents are available for review at the City of Temecula Planning Department located at 43200 Business Park Drive. 18.b. There were earlier impacts, which affected this project, however it was difficult to assess whether they were adequately addressed as mitigation measures. 18.c. The mitigation measures are addressed in the Mitigation Monitoring Program, which is attached. SOURCES 1. Acoustical Analysis prepared by Tim Smith of Chart Industries on May 19, 2006. 2. Air Quality Impact Analysis Report prepared by PAN Environmental Inc. in May 2006. 3. City of Temecula General Plan (November 9,1993) 4. City of T emecula General Plan (April 12, 2005) 5. City of Temecula General Plan Final Environmental Impact Report ( April 12, 2005) 6. Geotechnical/GeolDgical Engineering Study prepared by Environmental & Geotechnical Engineering Network Corporation, June 2004. 7. Habitat Assessment prepared by Gilberto Ruiz in August 2006. . G:\Planning\2005\PAOS-{)402 Downs Energy . DP\Planning\CEQA~nitlal Study - Downs Energy.doc 27 ATTACHMENT 1 MITIGATION MONITORING PROGRAM G:\Planning\2005\PAOS-{)402 Downs Energy - DP\Plannlng\cEQA~nltial Study - Downs Energy.doc 28 Mitigation Monitoring Program Planning Application Nos. PA05-0402 (Development Plan) and PA06-0135 (Conditional Use Permit) CUL TURAL RESOURCES General Impact: Cause a substantial adverse change in the significance of a historical or archaeological resource pursuant to Section 15064.5. (1) 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: Place the above condition of approval on this project to require cultural resource monitoring during all earthmoving activities. Mitigation Measures: Specific Process: Mitigation Milestone: Responsible Monitoring Party: On-going during all earthmoving phases of the project Planning Department and Public Works Department General Impact: Cause a substantial adverse change in the significance of a historical or archaeological resource pursuant to Section 15064.5. Mitigation Measures: (2) 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. The Planning Department and Building Department shall be notified in the event any resources are discovered. A representative from Pechanga Band of Luiseno Indians shall be notified to determine the significance of the discovery. On-going during all earthmoving phases of the project Planning Department and Public Works Department Specific Process: Mitigation Milestone: Responsible Monitoring Party: General Impact: Cause a substantive adverse change in the significance of paleontological resources. (3) In the event any paleontological resources are discovered during grading operations, all construction activity shall cease. The Planning Department and Building Department shall be notified in the event any resources are discovered. Mitigation Measures: G:IPlanning\2005\PAOS-{)402 Downs Energy - DPIPlanninglCEQAlMitigation Mon~oring Program.doc 1 Specific Process: The Planning Department and Building Department shall be notified in the event any resources are discovered. Mitigation Milestone: On-going during all earthmoving phases of the project Responsible Monitoring Party: Planning Department and Public Works Department GEOLOGY AND SOILS General Impact: Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking. (4) The recommendations contained in geotechnical report(s) shall be implemented and consistency with Uniform Building Code evaluated during the building plan check process. Consistency with Building Code shall minimize impacts to structures evolving from ground shaking. Mitigation Measure: Specific Process: Building and Safety staff will verify compliance with the above mitigatiDn measure as part of the grading and . building plan check review processes. Mitigation Milestone: Prior to issuance of a grading permit and building permits Responsible Monitoring Party: Building and Safety Department and Public Works Department General Impact: Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction. (5) The recommendations contained in geotechnical report(s) shall be implemented, including employing a tie-down system such as a deadman, or concrete blocks with connecting straps to hold the 30,OOO-gallon emergency underground water storage tanks in place. A tie-down system shall minimize impacts to underground structures evolving from ground failure. Mitigation Measure: Specific Process: Building and Safety staff will verify compliance with the above mitigation measure as part of the building plan check review process. The structural design plans shall be provided to the Planning Department and Building and Safety Department for review and approval. Mitigation Milestone: Prior to issuance of a building permit Responsible Monitoring Party: Building and Safety Department G:\Planning\200S\PAOS-{)402 Downs Energy - DP\Planning\CEQA\M~igation Mon~ortng Program.doc 2 " HAZARDOUS AND HAZARDOUS MA TERIALS General Impact: Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials; or through a reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Mitigation Measure: (6) A Business Emergency Plan shall be submitted annually to the County of Riverside HazardDus Materials Management Division for operations permit renewal. The Business Emergency Plan shall minimize the impacts of accidental release of a hazardous material by specifying site specific emergency response, clean-up, and public safety. A copy of the Business Emergency Plan shall be provided to the Planning Department. Specific Process: Planning staff will verify compliance with the above mitigation measure as part of the building plan check review process. . Mitigation .Milestone: Prior to issuance of a building permit Responsible Monitoring Party: Planning Department HYDROLOGY AND WATER QUALITY General Impact: Place within a 1 OO-year flood hazard area structures which would impede or redirect flood flows. Mitigation Measure: (7) Verification that the finished pad elevation is higher than the flood- plain elevation shall be provided to the Public Works Department to avoid placing structures at flood-plain elevation. (8) A Conditional Letter of Map Revision (CLOMR) application shall be filed with the Department of Public Works to officially remap the property out of the flood-plain zone. If the property is not remapped prior to issuance of a building permit the applicant shall obtain flood- plain insurance on the property and provide proof of such insurance to the Department of Public Works. Specific Process: Public Works and Planning staff will verify compliance with the above mitigation measure as part of the grading and building plan check review process. Prior to issuance of a grading permit and building permits Public Works Department and Planning Department Mitigation Milestone: Responsible Monitoring Party: G:\Planning\200S\PAOS-0402 Downs Energy - DPlPlanninglCEQAlMitigation Monitoring Program.doc 3 - NOISE General Impact: Exposure of persons to or generation of noise levels in excess. of standards established in the local general plan. Mitigation Measure: An acoustical analysis prepared by a certified acoustical engineer shall be prepared to ensure that noise levels will not exceed an Ldn of 75 dBA exterior or an Ldn of 55' dBA interior at the receptor. Special design measures (e.g., shielding and muffling devices) shall be included in the analysis to minimize impacts to surrounding noise sensitive uses from ultimate projected operational noise levels. Planning staff will verify compliance with the above mitigation measure as part of the building plan check review process. Prior to issuance of a building permit Specific Process: Mitigation Milestone: Responsible Monitoring Party: Planning Department General Impact: Create a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Mitigation Measure: An acoustical analysis prepared by a certified acoustical engineer shall be prepared to ensure that noise levels will not exceed an Ldn of 75 dBA exterior or an Ldn of 55 dBA interior at the receptor. Special design measures (e.g., shielding and muffling devices) shall be included in the analysis to minimize noise impacts to surrounding noise sensitive uses from ultimate projected operational noise levels. Specific Process: Planning staff will verify compliance with the above mitigation measure as part of the building plan check review process. Prior to issuance of a building permit' Mitigation Milestone: Responsible Monitoring Party: Planning Department G:\Planningl200S\PAOS-{)402 Downs Energy - DPlPlanninglCEOAlMitigation Monitoring Program.doc 4 " ATTACHMENT 2 VICINTY MAP G:\Planning\2005\PA05-{)402 Downs Energy - DP\PlanninglcEQA~nitial Study - Downs Energy.doc 29 \ \ / \ /'" :, "'. /<:' //" \\, // \\\ " ' / '. ;/y \\ "'" 'Z /.,./ "./ /;'\ ' . '- /. .'. !. /. /. ~, , '" " . '" , , / "- r "'~ /' '.. V " " . " " " /"'. \ ' ., J , . .' ".... /. \ , "" . " / / I )" / ~w / \ \ '- >~:< // ~"./R\ ):: '", "<~'" , / / /\ \ / \ "'", '.~",/ fl / \ Y / "'- ", '",- I \ / \ / '-':.'V( y)// "'~~"~// // /( ~, //\ "l.." \ " \ "~~"~\,/ '0~~ \ ~ /\ \ '\ / . c\.Sile \ ""\(/ prole \ \: . / \ ':\./ \)~< \ " "- \ V ~/ \ 'V \ \ -s, ','. '''-, '''., '. " ", '", ", ", '. '':~'' ~ " , " /'-'" " /' ~" ~', ',~ '\c...,.,.' '",- "" '-, '." '-, I " "'-, I", '. "- '- , , " "'-, ~ "" I "'''''.~~ . ~, / ") "'-~ , '~~,:"", / / //,~" / ~ II '" "'-'", '''",- //"'~ ,i"'-.,>';"~ "'-, '//1'" 1 ~"., ...... ./1 ...../ ..... >~/ "'--V / /....<"" 1/.... / / / /~~" y;;( V / ;:.< /"-. ,,~ (' / f "'--'-.,/ <./, ~'Y. ""'\.\'\ . "I ;.1... , , 'I . _/ / / "yl/; '/ /\,\\ / "'/, / / /... / , \ \ \ ~ '...... / /1'/ "-, / /\ \ \ c::::.~, /.... V /;r / / \ \\ \ >>~'~;~)f / '/ / A'f ),0:;\\ \~<z:/./...,< / / ..1/ ).;\\ /'\\\ /'-. '. /;{ / '\\ / \ \\.-;,:/ '<... / / '''I \ \ \\ /'\;~ .;v..... / / \\, ",,",',,- / l<, / \\ ~, i, '-z.. , / ~~~~::~/ / . ,. ~""'v/' "/~::::::::.. I - \ \ 1 1'-., ATTACHMENT 3 SITE PLAN G:\Plannlng\2005\PAOS-{)402 Downs Energy - DP\Planning\cEOA~nitiaIStudy - Downs Energy.doc 30 iillUUUUMUIUbiUlUUHnUiUlmmmumn I iii ~I;f:i! I !U!immnUUI .. .."..lI .d.~....d.lIli~IlIl~Il((~.IU~~iliiili. ~~ tft Ii. ., " ... .... ". ~ V'l . M !i ~ ~. ~1 ~ ~ , 8 ~ , . :.---- ,-. r-. 1 .;. 'It ~ :: ; 8 ," : I , f-80'-7. :.~.~:::::..:,. I . ~ · ;. !fi'l i! !i !'llii t .( I' l'i~ 1111 I :~Rljl . ~\ ~.. tn II . 1-~- \~II '; ............ ..' ~ ,- ~ ~ .- J- ~I ~: [~~ ~ ":\ I: z " 4( -~ ~-~r- a:1 ~); ; I . . L ;' 8' I' ~..rl. :'1,: : I . . 1 . . . . '-----' - . . . . I . . . j : , .' .' " " .' .__" "'I ... . I: , iihS f ., ~..;~..- ~. , :-..: . ~ .,~ ~ I.J ~ I "i ~~ G"~' . / " ,; ....' /.......1 ~ i1 .. ... ------- \ \ ., . t: a T I l T I. })J I I ~t' 0'1/ r------, I I I -:- ........ ....u: ....a.4 ~~ L-8~r---l ~. ~ \! Ih~ ~\~ I~.J:\I r ATTACHMENT NO.5 STATEMENT OF OPERATIONS G:IPlanning\200SIPAOS-{)402 Downs Energy. DPlPlanninglPc Hearing ItemslS1aff Report PAOS-{)402.doc 14 \ IFSAI Front Street Architects Architecture - Planning December 22, 2005 M&D Properties- OfficeslWarehouse & Liquid Natural Gas Station Section D. Statement of Operations . HourslDavs of Ooeration The proposed Downs Energy, Inc. facility will operate during normal business hours, 8AM to 5PM Monday through Friday. The lease space/offices may be open from 7 AM to 6PM for normal office uses, anticipated to be Monday through Friday, with an occasional Saturday or Sunday office business that may take place. The Liquid Natural Gas Fueling Station will normally operate twenty-four hours a day, seven days a week. Number of Emolovees Downs Energy, Inc. will employ approximately 8 to 10 employees, both full-time and part-time. The office lease space, at approximately 6,000 net square feet, may employ 60 employees at 100 square feet per person. The LNG Fuel Station is a self-serve operation and does not have any full-time employees. Averal!e Dailv Peak Trios The anticipated daily trips for normal automobiles is approximately 130 to 160 per day. The anticipated daily trips fro LNG fueled vehicles is approximately 15 to 20 trucks per day Monday through Saturday and 2 to 10 trucks per day on ~undays. 28465 Old Town Front Street Suite 321 Temecula. CA 92590 T: 95/-693-0301 F: 951-693-4080 . '. p,age 2 . . \ \ Downs Energy; Inc. JffiLvslWarehouse & LiqUid Natural (,...; Stahon Section D. Statement of Operations December 22, 2005 Tvne of Eouioment Used Fork-lifts, three (empty) delivery trucks (stored in secured parking area overnight) .Hazardous Materials (High Bay Storage) Fuels for sale and distribution from the proposed warehouse: (same as existing in current Downs Energy facility across Rancho Way from proposed building) No storage of Racing Gasoline on site - (customers pick-up on day of deliver to' warehouse) Typical fuels stored are as follows: Gasoline, 5 gallon container largest, flammable I B Kerosene, 5 gallon container largest, combustible II Solvent, 5 gallon container largest, combustible II Motor Oil, 55 gallon largest, combustible ill B Industrial Oil, 55 gallon largest, combustible ill B Gear Oil, 55 gallon container largest, combustible ill B Grease, 55 gallon, 400# largest, combustible B Anti-Freeze, 55 gallon largest, N/A Detergent, 5 gallon largest, N/ A Suoolemental Conditional Use Permit The M&D Properties partners will also sell Used Trucks, obtaining a re-sale license from the California Department of Motor Vehicles, once the C.U.P. is obtained. The anticipated sales will most likely be made out of their Corona office, where trucks may be stored for sale. The Temecula office will store two to three trucks at the most at anyone time. ATTACHMENT NO.6 RECIPROCAL USE AGREEMENT G:\Planning\2005\PAOS-{)402 Downs Energy. DPlPlanninglPC Hearing ltemslStaff Report PAOS-{)402.doc lS PlEASE COMPlETE THIS INFORMATION RECORDING REQUESTED BY: DOWNS ENERGY 1296 Magnolia Avenue Corona, Califomia 92879-2098 AND WHEN RECORDED MAIL TO: DOC # L006-0566525 08/02/2006 08:00A Fee: 19.00 Page 1 of 5 Recorded in Official Records County of Riverside Larry U. Uard Assessor, County Clerk & Recorder 1111111111111111111111111111111111111111111111111111111 S R U PAGE SIZE DA MISC LONG RFD COPY ~ DOWNS ENERGY 1296 Magnolia Avenue Corona, Califomia 92879-2098 I -I M -/ :J A L I 465 426 PCOR .NCaR, SMF ,NCHG 1 EXAM YJ1 bccfCi.~ >>P ~~4' 12e~uJ).1 I Title of Documen( C 507 THISAREA FOR RECORDE~US USE O~:JLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3:00 Additional Recording Fee Applies) ACR 238P-AS4REO (Rev. 0212003) Declaration of Easements Mutual Grant of Parking Easement This Declaration of Easements (Declaration) is made on this 15th day of July 2006 by M&D Properties, General Partners, the owners of Property 1 #921-040-040 and Property 2 #921-040-041, identified herein as: Property 1,28011 Diaz Road, Temecula, CA 92590 Property 2, 27985 Diaz Road, Temecula, CA 92590 Recitals A. The Declarants are the owners of the certain parcel(s) ofland (the Properties): Property I -located in the City of Temecula, County of Riverside, State of California, described as, PARCEL 1 of Parcel Map No. 29055, as shown by parcel map on file in book 194 pages 81 and 82 of parcel maps, records of Riverside County, California. Property 2 -located in the City of Temecula, County of Riverside, State of California, described as, PARCEL 2 of Parcel Map No. 29055, as shown by parcel map on file in book 194 pages 81 and 82 of parcel maps, records of Riverside County, California. B. The Declarants desire to impose upon the property through this mutual declaration certain easement(s) as set forth herein to the mutual benefit of each of the above referenced parcel(s) under a General Plan ofhnprovement for the benefit of all such parcels. Now, therefore, in consideration of the foregoing and the easements hereinafter set forth, Declarants hereby declare as follows: 1. Easements for In!!"ress and E!!"ress and Recinrocal Parkin!!" A non-exclusive mutual easement for vehicle or pedestrian Ingress and Egress and reciprocal parking is hereby granted and created for the benefit and use of the above- referenced Parcels, over that portion ofthe Properties described as set forth in Exhibit "A" attached hereto and incorporated by reference (The Ingress/Egress Right of Way and Parking Easement). EXHIBIT "A" Mutual Grant of Parking Easement Imrress/ElITess Ri!!ht ofWav and Parkin!! Easement Property I - M&D Properties, 28011 Diaz Road, Temecula, CA 92590 Use of twenty-seven (27) parking spaces to include 2 handicap accessible spaces, on Property I along the western and northern boundaries. Property 2 - M&D Properties, 27985 Diaz Road, Temecula, CA 92590 Use of seven (7) spaces on Property 2 along the western boundary. Mutual parking easement is for the benefit of the adjacent office building 28011 Diaz Road, Temecula, CA 92590, and would be utilized during normal business hours of8 a.m. to 5 p.m. Monday through Friday, for the non-exclusive use of Property I. Pedestrian and vehicle Ingress and Egress will be over Property I and 2, described herein and through sidewalks and driveways bordering the southern, northern and western boundaries of the property. Maintenance and Insurance/Liabilit~ Property I, M&D Properties, 28011 Diaz Road, Temecula, CA 92590. Property 2, M& D Properties, 27985 Diaz Road, Temecula, CA 92590 Each property owner shall maintain their respective general liability insurance (minimum $1,000,000). Each property owner shall be liable for their customers/tenants use of the adjoining property (through use of the previously described IngresslEgress Right of Way and Parking Easement). IN WITNESS WHEREOF, the undersigned Declarant(s) has caused the execution of this declaration on t~te first written above, J It /...L.. F?lc. I ~:!t~ Papa/Jao/ IktJ V ~ . ~~c- ~~ ~~~____ M;ichael J. ~orns. , . J~. Downs /11 llAL'\-l XL) . VUU.AA~ . !/ur-'1'L~dYlO/J0./Yl QA.,. Sharon L. Messner Garx7. Messner - ; State of California : Countyof ~/V{f5IdL '-;,3J-0& (DATE) } SS. before me Jenr.;{C/ &,f-er , (NOT AR Y) iOn ~ . personally appeared (11/ CMe/ J. aljfl f ,JI"L1t ~ II> . fl::lLhS, 51-aa"h L . /ne,J'S/e/j '6aflj UJ. /n:~Sf)eY- SIGNER(S) : ~perSOnallY !mown to me -OR- 0 proved to me on the basis of satisfactory , evidence to be the person(s) whose name (s) is/are subscribed to the within instrument and ac!mowledged to me that helshe/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. l. JENNIfER BAKER t - Comm.11442688 III Ul N01AII1U1Ut-CN.IOIIIIA - _ CoanIY ~ . \tf Comm.llplles 1epI.1O.2II07 i WITNESS my hand and official seal. tp;)rL N ARY'S'SIGNA 11JRE OPTIONAL INFORMATION The information below is not required by Jaw. However, it could prevent fraudulent attachment of this acknowledgement to an unauthorized documenL CAPACITY CLAIMED BY SIGNER (PRINCIPAL) o INDIVIDUAL C CORPORATE OFFICER DESCRIPTION OF A 'IT ACHED DOCUMENT TITLE OR TYPE OF DOCUMENT o C C C o TITLE(S) PARlNER(S) AITORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERV A TOR OTHER: NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: : NAME OF PERSON(S) OR ENTlTY(lES) RIGHT THUMBPRINT OF SIGNER I . ....../I -- ~ ~ ~--- rrE1\'l #5 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: November 15, 2006 Prepared by: Stuart Fisk, AICP Title: Senior Planner Project Description: Planning Application Nos. PA05-0109 and PA05-0234, a Tentative Tract Map (33584) for condominium purposes to subdivide 7.2 acres into three lots (one residential condominium lot, one recreation lot, and one open space lot), and a Planned Development Overlay to provide for development standards for the site that are specific to single-family homes on condominium lots through the adoption of proposed PDO-11 sections 17.22.220 through 17.22.228, including the PDO text and Development Standards. The project site is 29601 Mira Loma Road, generally located at the northeast corner of Rancho Vista Road and Mira Loma Drive. Recommendation: 0 Approve with Conditions o Deny o Continue for Redesign D Continue to: ~ Recommend Approval with Conditions D Recommend Denial CECA: o Categorically Exempt (Class) o Notice of Determination (Section) o Negative Declaration ~ Mitigated Negative Declaration with Monitoring Plan DEIR G:IPlaooiog\2005IPAOS-0234 Mira Lorna POO. Plaoned Dev OverlaylPlaooiogIPC-STAFF REPORT. doc 1 PROJECT DATA SUMMARY Applicant: Pacific Grouo: Reza Shera General Plan Designation: Medium Density Residential (M) Current Zoning Designation: Medium Density Residential (M) Proposed Zoning Designation: Planned Development Overlav District 11 (Mira Loma PDO-11) Site/Surrounding Land Use: Site: Vacant land covered with vegetation at the southern portion of the site and a small school (The Carden Academy) at the northern portion of the site North: South: East: West: Multi-Family Residential/Edison Sub-Station (HIP!) Single-Family Residential fLM) Single-Family ResidentiaVVail Elementary School (LM/PI) Multi-Family Residential (H) Lot Area: 7.2 Acres Total Floor Area/Ratio NA Landscape Area/Coverage NA Parking Required/Provided Two covered spaces per uniVtwo 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. PROJECT DESCRIPTION Tentative Tract MaD The proposed Tentative Tract Map (33584) is a request to subdivide 7.2. acres into three lots consisting of one residential condominium lot, one recreation lot, and one open space lot. Planned Develooment Overlav The proposed Planned Development Overlay (PDO-11) would provide for development standards for the site that are specific to single-family homes on condominium lots through the adoption of proposed PDO-11 sections 17.22.220 through 17.22.228, including the PD~ text and Development Standards. GolPlanniog\200S\PA05-0234 Mi.. Lorna POO - Plaooed Dev OverlayIPlaooiogIPC-STAFF REPORT.doc 2 ANALYSIS Tentative Tract MaD (33584) The General Plan land use designation of Medium Density Residential allows for a density range of 7.0 to 12.9 dwelling units per acre, with a target density of 10.0 dwelling units per acre. The Development Code allows for 12 dwelling units per net acre, but also requires a minimum lot area of 7,200 square feet. The proposed Tentative Tract Map for condominium purposes will result in 8.6 dwelling units per acre, thereby achieving the General Plan density range for the proposed single-family development. I The proposed Tentative Tract Map has been conditioned to be consistent with the Development Standards of PDO-11 and the Subdivision Ordinance, including minimum net lot area, minimum lot frontage on a street, minimum lot width at required front setback area, and minimum lot width and depth. The parcels are adequately configured to allow for the placement of single-family homes in compliance with front yard, interior side yard, and rear yard setbacks as specified in PDO-11. Vehicular access to the site will be taken from two ingress/egress driveways along Mira Loma Road. The Fire Department has reviewed the site plan and determined that there is proper access and circulation to provide emergency services. Correspondence received from an adjacent property owner (see Attachment No.7) indicates concerns regarding access, drainage, and trash clean up responsibilities with regard to the property located east of and adjacent to the project site. To address these concerns, the applicant has agreed to redesign the project to include a ten foot wide access easement within Lot 2 of the project. The project has been conditioned that the Developer shall provide a paved 10-foot wide ingress/egress easement with a 15 percent maximum slope within Lot 2, behind proposed building sites 60, 61, and 62, from Mira Loma Drive to Lot 83 of Tract Map No. 4010 (see Condition of Approval No.6, 24 and 45). Planned DeveloDment Overlav The purpose of the proposed Planned Development Overlay (PDO-11) is to provide development standards for the site that will be specific to single family homes on condominium lots. For the development of single-family homes on the project site, a Planned Development Overlay (PDO) is necessary to meet the medium density residential criteria contained in the General Plan. More specifically, building setbacks must be reduced from those listed in the Development Code standards for the Medium Density Residential zone to achieve the General Plan density range for the proposed single-family development. Per Table 17.06.040 of the Development Code, the Medium Density Residential zone requires a minimum net lot area of 7,200 square feet. However, this table also states that "lot sizes below 7,200 square feet can be accommodated with the approval of a Planned Development Overlay". The Development Code contains this provision because the requirement for a minimum lot size of 7,200 square feet typically does not allow single-family home developments to achieve the General Plan density range. The proposed reduced lot sizes (or condominium exclusive use areas), in conjunction with the proposed PDO, are consistent with the Development Code_ Multi-family homes are located to the north and west of the project site, and single-family homes are located to the east and south of the project site. Because existing adjacent development to the east of the project site is developed with single-family homes, staff believes that single- G:\Planniogl2005\PA05-lJ234 Mira Lorna POO - Planned Dev OverlayIPlaooiogIPC-STAFF REPORT.doc 3 .J family detached homes are a more appropriate use for the site than multi-family homes and supports the proposed reduced setbacks bE;lcause reduced setbacks will be necessary to both develop the site with single-family detached homes and to meet the General Plan density range for the site. . . The proposed PD~ also proposes a reduction in the open space requirement from 25 percent (per the Development Code) to 20 percent. All other development standards in the proposed PD~ are consistent witt) the Development Code for Medium Density Residential development. The PD~ proposes design criteria that call for Monterey, Spanish Colonial Revival, and Craftsman architectural styles. The design criteria also specify streetscape policies to minimize the extent to which a garage protrudes from other portions of the house, varying garage door . treatments, and the use of substantially different faQade designs throughout the development. Visual appearance policies require a variety of building colors and materials to be utilized, require the use of materials that have texture or depth, and the use of architectural features such as porches, sloping portions of the roof, and stepping back the upper levels of the homes to provide offsets in the building plans. Building mass and bulk are addressed through the requirement for the use of a variety of shapes and forms including architectural projections such as roof overhangs or stepped faQades which provide contract with vertical walls and by varying the height portions of the roof, varying the orientation of the roof, and by using gables or hip roofs. The proposed PD~ states that landscaping Df the project shall conform to Section 17.06.060 of the Development Code. In addition, landscape criteria for the Mira Loma Drive and Rancho Vista Road streetscapes are provided, criteria for project entry at "0" street is provided, common area landscape criteria is provided, and criteria for the recreation center on Lot 3 are provided. ENVIRONMENTAL DETERMINATION An Initial Study was prepared for the project and a Notice of Intent to adopt a Mitigated Negative Declaration has been circulated for the project. The comment period for the proposed Mitigated Negative Declaration was September 7, 2006, to September 28, 2006. No comments have been received with regard to the proposed Mitigated Negative Declaration. Mitigation measures identified in the Initial Study include mitigations for impacts to air quality and to geology and soils. These mitigation measures are summarized below and are incorporated into to the Tentative Tract Map Conditions of Approval. Air Quality cooled exhaust gas recirculation for powered trucks and equipment using either on-road or off-road diesel fuel and water exposed suriaces three times daily during grading/soil disturbance operations. I Construction shall be consistent with Uniform Building Code standards. I Geology and Soils G:IPlanoiog\200SIPAOS-{)234 Mim Lorna PDQ - Planned Dev OverlayIPlanniogIPC-STAFF REPORT.doc 4 J CONCLUSION/RECOMMENDATION Staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable ordinances, standards, guidelines, and policies, and provides a benefit to the community by introducing additional housing opportunities to the community. Therefore, staff recommends that the Planning Commission recommend that the City Council approve Planning Application Nos. PA05-0109 and PA05-0234 and recommend adoption of a Mitigated Negative Declaration for the project based upon the findings and the attached Conditions of Approval. FINDINGS Tentative Tract Milo I(;ode Section 16.09.140\ The Planning Commission, in recDmmending approval of PA05-0109 (Tentative Tract Map), hereby recommends the following findings as required in 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, Subdivision Ordinance, General Plan, and the City of Temecula Municipal Code. As designed and conditioned, the proposed subdivision map is consistent with the development standards within the proposed Planned Development Overlay, Development Code, Subdivision Ordinance, and General Plan. 2. The Tentative Map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, nor is the land subject to a Land Conservation Act contract. The proposed land division does not divide land designated for conservation or agricultural use. 3. The site is physically suitable for the uses and proposed density as shown on the tentative map as proposed by the Tentative Map. The site is physically suitable for the uses and proposed density as shown on the tentative map as proposed by the Applicant. 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. There are no known fish, wildlife or habitat on the project site, and the project is not anticipated to affect any fish, wildlife or habitat off-site_ 5. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and commented on by the Fire Prevention Bureau, the Public Works Department, and the Building and Safety Department. As a result, the project will be conditioned to address their concems. Further, provisions are made in the G:\Plaooing\2005\PA05-{)234 Mira Lorna POO . Plaoned Dev OverlayIPlaoniogIPC-STAFF REPORT.doc 5 J General Plan to ensure that the public health, safety, and welfare are safeguarded, and the project is consistent with this document. 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 buildings, the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. All required rights-of-way and easements have been provided on the Tentative Map or required by Conditions 01 Approval. The City has reviewed these easements and has found no potential conflicts. 8. The subdivision is consistent with the City's parkland dedication requirements (Quimby). This is a map for residentially zoned property and will therefore be subject to applicable Quimby fees at the time that building permits are issued for the project site. Planned DeveloDment Overlav The Planning Commission, in recommending approval of Planning Application No. PA04-0234 (Planned Development Overlay) hereby makes the following findings: 1. The proposed Planned Development Overlay is consistent with the land use designation of the General Plan of the. City of T emecula in which the use is located, as shown on the Land Use Map. The site is physically suitable for the type of uses proposed for the project site, and the proposed Planned Development Overlay would further the City's long-term economic development goals. 2. The proposed Planned Development Overlay conforms to the General Plan and the use is in conformance with the goals, policies, programs, and guidelines of the elements of the General Plan. The proposed Planned Development Overlay allows for a use that will provide the diversity of uses desired in the General Plan and will create a balanced community with additional housing opportunities available to the community. G:IPlaoniogl2005IPA05-{)234 Mira Lorna POO - Planned Dev OverlaylPlaoniogIPC-STAFF REPORT.doc 6 ATTACHMENTS 1. Vicinity Map - Blue Page 8 2. Plan Reductions - Blue Page 9 3. PC Resolution No. 06-_ (Tentative Tract Map) - Blue Page 10 Exhibit A - City Council Ordinance No. 06-_ 4. PC Resolution No. 06-_ (PDO-11) - Blue Page 11 Exhibit A - City Council Resolution 06- 5. Initial Study - Blue Page 12 6. Mitigation Monitoring Plan - Blue Page 13 7. Community Correspondence - Blue Page 14 mplanning\200SlPAOS-{)234 Mila Lorna PDQ - Planned Dev OverlayIPlaooiogIPC-ST AFF REPORT.doc 7 ATTACHMENT NO.1 VICINITY MAP mpla0ning\200SIPAOS-{)234 Mira Lorna PDO - Planned Dev Overlay\Plaooing\PC-ST AFF REPORT. doc 8 ~ ATTACHMENT NO.2 . PLAN REDUCTIONS G:\Planning\2OO5\PAOS-0234 Mira l.oma PDQ - Planned De", Overlay\Planning\PC-sTAFF ro:....u....l.doc 9 ~..".". ~ ~;I! ~.... ~ l .' · ~~ OCD '- ,\ \ li1rl .cU) " i1 . llC .t.i!f i ,,'.. i'" i ...= 13t\l~t ~ \ '\ \W.,,\\\bti \ "i \ i , U1~ . t,: \ \ ,. \t I ~~ ~2 .... i ,', \-, . II !;( . ',' \\l~iJ!ll,~,,,~U~\\it\ \ ~.!\\ \ · '1\\\ 'i 9t , . ''''' I' r;IfI-ig h , I II' \!!. ~ It\ .\,,~\\i\\i." 1I\Q) - -~ - , . \' \\ II . \ II l ~. ,\\ \\1 . .i, ,\ Ih ~,.'. ~1l ~~\ I ~""IIl~' -" , ,r-_ It! ,-J ..n ./' -,,< s \t . ~ .., \~ ,.. ... . ill s .., "~" llll , \'lil h ~li\\~~ ATTACHMENT NO.3 PC RESOLUTION NO. 06-_ (TENTATIVE TRACT MAP) G:\Planning\2005\PA05-0234 Mira Lorna PDQ - Planned Dev Overlay\Planning\PC-ST AFF REPORT.doc 10 PC RESOLUTION NO. 06-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 33584 (FOR CONDOMINIUM PURPOSES) TO SUBDIVIDE 7.2 ACRES INTO THREE LOTS (ONE RESIDENTIAL CONDOMINIUM LOT, ONE RECREATION LOT, AND ONE OPEN SPACE LOT) Section 1. Reza Shera of Pacific Group filed Planning Application No. PA05-0109 on April 13, 2005, in a manner in accord with the City of Temecula General Plan and Development Code. . Section 2. Planning Application No. PA05-Q1 09 was processed including, but not limited to public notice, in the time and manner prescribed by State. and local law, including the Califomia Environmental Quality Act. Section 3. The Planning Commission, at a regular meeting, considered Planning Application No. P A05-01 09 on November 15, 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 opposition to this matter. Section 4. At the conclusion of the Planning Commission's Hearing and after due consideration of the testimony, the Planning Commission recommended the City Council approve PA05-0109. subject to and based upon the findings set forth hereunder, after finding that the propDsed project conforms to the General Plan and Subdivision Ordinance. Section 5. All legal preconditions to the adoption of this Resolution have occurred. Section 6. Environmental ComQliance. The Planning Commission Recommends that the City Council Adopt a Mitigated Negative Declaration and Mitigation Monitoring Plan based on the Initial Study for Planning Application Nos. PA05-Q109 and PA05-0234, which was prepared pursuant to CEQA Guidelines Section 15072. Section 7. Findinas. That the PlanAing Commission, in recommending approval of the Application, hereby recommends the following findings as required in Section 16.09.140 of the Temecula Municipal Code: A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, Subdivision Ordinance, General Plan, and the City of Temecula Municipal Code; G:\Planning\2005IPA05-{)109 Map No. 33584- TIM - Mira LomalPlanninglDraft TIM Resoluijon.DOC 1 . As designed and conditioned, the proposed subdivision map is consistent with the development standards within the proposed Planned Development Overlay, Development Code, Subdivision Ordinance, and General Plan. 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, nor is the land subject to a Land Conservation Act contract; . The proposed land division does not divide land designated for conservation or agricultural use. C. The site is physically suitable for the uses and proposed density as shown on the tentative map as proposed by the Tentative Map; The site is physically suitable for the uses and proposed density as shown on the tentative map as proposed by the Applicant. 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; There are no known fish, wildlife or habitat on the project site, and the project is not anticipated to affect any fish, wildlife or habitat off-site. E. The design of the subdivision and the type of improvements are not likely to cause seriDus public health problems; The project has been reviewed and commented on by the Fire Prevention Bureau, the Public Wo,*s Department, and the Building and Safety Department. As a result, the project will be conditioned to address their concems. Further, provisions are made in the General Plan to ensure that the public health, safety, and welfare are safeguarded, and the project is consistent with this document. F. The design of the subdivision provides for future passive or natural heating or cooling DppDrtunities in the subdivisiDn 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 buildings, the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided; All required rights-of-way and easements have been provided on the Tentative Map or required by Conditions of Approval. The City has reviewed these easements and has fount no potential conflicts. H. (Quimby); The subdivision is consistent with the City's parkland dedication requirements G:IPlanning\2005\PA05-{)109 Map No. 33584-TIM - Mira LomalPlanninglDraft TIM Resolution.DOC 2 This is a map for residentially zoned property and will therefore be subject to applicable Quimby fees at the time that building permits are issued for the project site. Section 9. Conditions. The Planning Commission of the City of Temecula hereby recommends approval of the Project (PA05-0190; Tentative Tract Map No. 33584) with Conditions Df Approval as attached in Council Resolution Exhibit A. Section 10. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of November, 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 T emecula at a regular meeting thereof held on the 15th day of November, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\200SIPAOS-{)109 Map No. 33584-TTM - Mira LomaIPlanning\Draft TIM Resolutlon.DOC 3 EXHIBIT A CITY COUNCIL RESOLUTION 06-_ TENTATIVE TRACT MAP G:IPlanning\2005\PA05-{)109 Map No. 335B4-TTM - Mira LomalPlanninglDraftTPM Resolution.DOC 4 RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 33584 (FOR CONDOMINIUM PURPOSES) TO SUBDIVIDE 7.2 ACRES INTO THREE LOTS (ONE RESIDENTIAL CONDOMINIUM LOT, ONE RECREATION LOT, AND ONE OPEN SPACE LOT) AT 29601 MIRA LOMA DRIVE, GENERALLY LOCATED AT THE NORTHEAST CORNER OF MIRA LOMA DRIVE AND RANCHO VISTA ROAD THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Reza Shera of Pacific Group filed Planning Application No. PA05- 0109 on April 13, 2005, 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 Planning Application No. PA05-0109'on November 15, 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 opposition to this matter. Section 4. At the conclusion of the Planning Commission's Hearing and after due consideration of the testimony, the Planning Commission recommended the City Council approve PA05-0109, subject to and based upon the findings set forth hereunder, after finding that the proposed project conforms to the General Plan and , Subdivision Ordinance. Section 5. The Planning Commission adopted Resolution No. 06-_, recommending that the City Council approve PDO-11 and adopt Section 17.22.220 through 17.22.228, including the PDO-11 text and development standards. Section 6. On , 2006, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. Section 7. At the conclusion of the City Council hearing and after due consideration of the testimony, the City Council approved the Tentative Tract Map for the Project subject to and based upon the findings set forth hereunder. Section 8. All legal preconditions to the adoption of this Resolution have occurred. Section 9. Environmental Comoliance. Adopt a Mitigated Negative Declaration and Mitigation Monitoring Plan based on the Initial Study for Planning Application Nos. PA05-0109 and PA05-0234, which was prepared pursuant to CEQA Guidelines Section 15072. Section 10. Findinas. That the City Council, in approving PA05-0109, hereby makes the following findings as required in Section 16.09.140 of the Temecula Municipal Code: A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, Subdivision Ordinance, General Plan, and the City of Temecula Municipal Code. As designed and conditioned, the proposed subdivision map is consistent with the development standards within the proposed Planned Development Overlay, Development Code, Subdivision Ordinance, and General Plan. 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, nor is the land subject to a Land Conservation Act contract. The proposed land division does not divide land designated for conservation or agricultural use. C. The site is physically suitable for the uses and proposed density as shown on the tentative map as proposed by the Tentative Map. The site is physically suitable for the uses and proposed density as shown on the tentative map as proposed by the Applicant. 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. There are no known fish, wildlife or habitat on the project site, and the project is not anticipated to affect any fish, wildlife or habitat off-site. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and commented on by the Fire Prevention Bureau, the Public Works Department, and the Building and Safety Department. As a result, the project will be conditioned to address their concems. Further, provisions are made in the General Plan to ensure that the public health, safety, and welfare are safeguarded, and the project is consistent with this document. 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 buildings, the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. All required rights-of-way and easements have been provided on the Tentative Map or required by Conditions of Approval. The City has reviewed these easements and has fount no potential conflicts. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby). This is a map for residentially zoned property and will therefore be subject to applicable Quimby fees at the time that building permits are issued for the project site. Section 11. Conditions. The City Council of the City of Temecula hereby approves Tentative Tract Map No. 33584, Planning Application PA05-0190, subject to conditions of approval as set forth in Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. Section 12. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2006. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 06- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSTAIN: Susan W. Jones, MMC City Clerk EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No. PA06-0109 Project Description: A Tentative Tract Map No. 33584 (for condominium purposes) to subdivide 7.2 acres into three lots (one residential condominium lot, one recreation lot, and one open space lot) at 29601 Mira LomB Drive, generally located at the northeast corner of Mira Lama Drive and Rancho Vista Road DIF Category: Residential - Single Family MSHCP Category: Residential (Between 8.1 and 14.0 DUlAC) TUMF Category: Residential - Single Family Assessor's Parcel Nos.: 944-060-006 Approval Date: November 15, 2006 Expiration Date: November 15, 2008 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of $64.00 for the County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). G,IPlaooing\2005IPA05-0109 Map No. 33584-TIM - Mira LomaIPlanoioglDraft COAs.doc I , GENERAL REQUIREMENTS G:IPlaoningl2OOSlPA05-{)109 Map No. 33584-TfM - Mira LomaIPlanninglDraft COAs.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 60 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. The applicant shall sign two copies of the final Conditions of Approval that will be provided by the Planning Department and return one signed copy to the Planning Department for their files. 5. A Homeowners Association may not be terminated without prior City approval. 6. The Developer shall provide a paved 10-foot wide ingress/egress easement with a 15 percent maximum slope within Lot 2, behind proposed building sites 60, 61, and 62, from Mira Loma Drive to Lot 83 of Tract Map No. 4010. Fire Prevention 7. All previous existing conditions for this project, Specific Plan, or Development Agreement will remain in full force and effect unless superseded by more stringent requirements here. 8. 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. 9. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20 PSI residual operating pressure with 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). G:\Planning\200S\PAOS-Ol09 Map No. 33584.TIM - Mira Loma\Planning\Draft COAs.doc 3 - J 10. The Fire Prevention Bureau is required to set niinimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC 903.2, 903.4.2, and Appendix 111- B). 11. 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. 12. 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). 13. 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). 14. AIVany 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). Public Works Department . 15. 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. 16. 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. 17. 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. 18. All improvement and grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Community Services Department 19. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. G:\Planning\2005\PA05-0109 Map No. 33584-ITM. Mira Loma\Planning\Draft COAs.doc 4 J 20. Any damage caused to existing Class II Bike Lanes on Rancho Vista Road during construction will need to be repaired and/or replaced to the satisfaction of the Public Works Department. 21. The Applicant shall comply with the Public Art Ordinance. 22. All parkways, landscaping, drainage facilities, fencing, street lights on private roads and recreational facilities shall be maintained by an established Home Owners' Association (HOA). G,IPlaoniog\2005lPA05-011J9 Map No. 33584- TIM. Mila LomaIPlanoioglDraft COAs.doc 5 PRIOR TO ISSUANCE OF GRADING PERMITS G:\Planning\2005\PA05-0109 Map No. 33584- TIM - Mira Loma\Planning\Draft COAs.doc 6 Public Works Department 23. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 24. The Developer shall provide an ingress/egress easement from Mira Lorna Drive to Lot 83 of Tract Map No. 4010. 25. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 26. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. 27. A 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. 28. 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. 29. A Water Quality Management Plan (WQMP) shall be reviewed and accepted. 30. 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. 31. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. G:IPlanniog\2005IPA05-{)109 Map No. 33584-TIM - Mira LomaIPlanningIDraft COAs.doc 7 32. 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. 33. 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. 34. 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. G:IPlanoing\2005IPA05-0109 Map No. 33584- TIM - Mira LomaIPlanninglDraft COAs.doc 8 PRIOR TO FINAL MAP APPROVAL G:IPlanning\2005IPA05-{)109 Map No. 33584-TIM - Mira LomaIPJaonioglDraft COAs.doc 9 Planning Department 35. The following shall be submitted to and approved by the Planning Division: a. A copy of the Final Map. b. A copy of the Environmental Constraint Sheet (ECS) with the following notes: i. This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No_ 655. 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 CDPy shall be provided to the City. v. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and facilities. vi. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. vii. The CC&R's shall provide that the association may not be terminated without prior City approval. viii. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. ix. Every owner of a suite or lot shall own as an appurtenance to such suite or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. x. All open areas and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this G:\Plaooiog\2005\PA05-0109 Map No. 33584- TIM - Mira LomaIPlanninglDraft COAs.doc IO maintenance shall be submitted to the Planning and Public Works Department prior to the issuance of building permits. xi. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by the CC&R's or by deeds and shall be recorded. concurrent with the map or prior to the issuance of building permit where no map is involved. 36. No lot or suite iri 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. 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 securities posted: 37. 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. Riverside County Flood Control and Water Conservation District e. City of Temecula Fire Prevention Bureau 1. Planning Department g. Department of Public Works h. Riverside County Health Department i. Adelphia j. Community Services District k. Verizon I. Southern California EdisDn Company m. Southern California Gas Company Q,IPlanoing\2005IPA05-{)109 Map No. 33584-TIM - Mira LomaIPlaoninglDraft COAs.doc 11 38. 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 Vista Road (Secondary Highway Standards - 88' R1W) to include installation of sidewalk, street lights drainage facilities, signing and striping, utilities (including but not limited to water and sewer). b. Improve Mira Loma Drive (Collector Road Standards - 66' R1W) to include installation of sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). 39. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. . b. Driveways shall conform to the applicable City Standard No. 207A. c. Street lights. shall be installed along the public streets shall be designed in accordance with City Standard No. 800, 801, 802 and 803. d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. .100 and 401. e. All street and driveway centerline intersections shall be at 90 degrees. f. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimull) sight distance and visibility. g. 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. h. All utilities, except electrical lines rated 34kv or greater, shall be installed underground 40. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: a. Improve A, B, 0 and portion of C Street (Private Street - 48' RlE) to include installation of full-width street improvements, paving, rolled curb and gutter, sidewalk, drainage facilities, utilities (including but not limited to water and sewer). b. Improve a portion of C Street, east of A Street (Private Street - 24' RlE) to include installation of full-width street improvements, paving, drainage facilities, utilities (including but not limited to water and sewer). c. Knuckles being required at 90 'bends' in the road. d. Minimum safe horizontal centerline radii shall be required (all centerline radii should be identified on the site plan).a G,IPlanoingl200SIPA05-0109 Map No. 33584-TIM - Mira LornaIPlanoinglDraft COAs.doc 12 41. 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. 42. Relinquish and waive right of access to and from Rancho Vista Road on the Final Map as delineated on the approved Tentative Tract Map. 43. Relinquish and waive right of access to and from Mira Loma Drive on the Final Map with the exception of two (2) openings as delineated on the approved Tentative Tract Map. 44. Corner property line cut off. for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. . 45. The Developer shall provide an ingress/egress easement from Mira Loma Drive to Lot 83 of Tract Map No. 4010. 46. 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. 47. 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. 48. Any delinquent property taxes shall be paid. 49. 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. 50. 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. 51. The Developer shall make a gODd 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. 52. 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. G:IPlanning\2005IPA05-0109 Map No. 33584- TIM - Mila LomaIPlaooinglDraft COAs.doc 13 . 53. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 54. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions". Community Services Department 55. The developer shall satisfy the City's park land dedication requirement through the payment of in-lieu fees equal to .66 acres of park land, based upon the City's then current appraised park land valuation. Said requirement includes a twenty-five percent (25%) credit for private recreational amenities. 56. The property owner shall dedicate to themselves lots 79 through 83 inclusive for landscape and maintenance purposes. 57. TCSD shall review and approve the CC&R's, which shall address the following: a. The location of the individual property owners' trash bins placement for servicing will be designated and included in an exhibit. b. HOA will paint an addresS on each bin for residential identification. c. Address parking restrictions on street sweeping and trash pick up days. d. Address HOA enforcement of trash collection and street sweeping issues. O:IPlanniog\2005\PA05-0109 Map No. 33584- TIM. Mira LomaIPlanoioglDraft COAs.doc 14 I PRIOR TO ISSUANCE OF BUILDING PERMITS G:IPlanoiog\2005IPA05-{)109 Map No. 33584-TIM. Mira lomaIPlanoinglDraft COAs.doc t5 Public Works Department 58. Final Map 33584 shall be approved and recorded. 59. 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. 60. 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. 61. 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. 62. 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 63. 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 64. Prior to the installation of street lights on Mira Loma Drive and Rancho Vista Road or issuance of building permits, whichever comes first, the developer shall file an application and pay the appropriate fees to the TCSD for the dedication of street lights into the appropriate TCSD maintenance program. 65. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal Df construction debris. GoIPianning\200SIPAOS-OI09 Map No. 33584-TIM - Mil1l LomaIPlanoiogIDl1lft COAs.doc 16 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY G:IPlanoiogl200SIPA05-{)109 Map No. 33584- TIM - Mira LomaIPlanninglDraft COAs.doc 17 Public Works Department 66. 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. 67. 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 68. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 69. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 70. 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 71. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet (CFC sec 902 and Ord 99-14). 72. 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 73. The developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. By placing my signature below, I confirm that I have read, understand and accept all of 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:IPlaooiog\2005\PA05-{)109 Map No. 335M-TIM - Mira LlmalPlaooinglDraft COAs.doc 18 ATTACHMENT NO.4 PC RESOLUTION NO. 06-_ (PDO-11 ) G:\Planning\2005\PA05-0234 Mira Lorna PDQ - Planned Dev Overlay\Planning\PC-STAFF REPORT.doc II PC RESOLUTION NO. 06-_ A RESOLUTION OF THE PLANNING. COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM MEDIUM DENSITY RESIDENTIAL (M) TO PLANNED DEVELOPMENT OVERLAY (PDO-11) AND ADOPT SECTIONS 17.22.220 THROUGH 17.22.228 INCLUDING THE PDO-11 TEXT AND DEVELOPMENT STANDARDS Section 1. Reza Shera of Pacific Group filed Planning Application No. PA05-0234 on August 8, 2005, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. Planning Application No. PA05-0234 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 Planning Application No. PA05-0234 on November 15, 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 Planning Commission's Hearing and after due consideration of the testimony, the Planning Commission recommended the City Council approve PA05-0234, subject to and based upon the findings set forth hereunder, after finding that the proposed project conforms to the General Plan. Section 5. Environmental Compliance. The Planning Commission Recommends that the City Council Adopt a Mitigated Negative Declaration and Mitigation Monitoring Plan based on the Initial Study for Planning Application Nos. PA05-0109 and PA05-0234, which was prepared pursuant to CEQA Guidelines Section 15072. Section 6. Findin9s. The Planning Commission, in recommending approval of Planning Application No. PA05-0234 (Planned DevelDpment Overlay), hereby makes the following findings: . A. The proposed Planned Development Overlay is consistent with the land use designation of the General Plan of the City of Temecula in which the use is located, as shown on the Land Use Map. The site is physically suitable for the type of uses proposed for the project site, and the proposed Planned Development Overlay would further the City's long-term economic development goals. B. The proposed Planned Development Overlay conforms to the General Plan and the use is in conformance with the goals, policies, programs, and guidelines of the elements of the General Plan. The proposed Planned Development Overlay allows for a use that will provide the diversity of uses desired in the General Plan and will create a balanced community with additional housing opportunities available to the community. G:\Planning\2005\PAOS-{)234 Mira Loma PDO - Planned Dev OvertayIPlanninglDraft PC PDQ RESOLUTlON.doc 1 - Section 8. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 151h day of November, 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 151h day of November, 2006, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary G:\Planning\200S\PAOS-{)234 Mira Lorna PDO - Planned Dev OverlayIPlanninglDralt PC POO RESOLUTION.doc 2 - " EXHIBIT A PROPOSED CITY COUNCIL ORDINANCE NO. 06-_ (PLANNED DEVELOPMENT OVERLAY) G:\Planning\2005\PA05-{)234 Mira Lorna PDO - Planned Dev Ove~ay\Planning\Draft PC PDQ RESOLUTION.doc 3 - ~ ORDINANCE NO. 06- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM MEDIUM DENSITY RESIDENTIAL (M) TO PLANNED DEVELOPMENT OVERLAY (PDO-11) AND ADOPTING SECTIONS 17.22.220 THROUGH 17.22.228 INCLUDING THE PDO-11 TEXT AND DEVELOPMENT STANDARDS FOR A SITE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Reza Shera of Pacific Group filed Planning Application No. PA05- 0234 on August 8, 2005, in a manner in accord with the City of Temecula General Plan and Development Code. Section 2. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. Section 3. The Planning Commission of the City of Temecula held a duly noticed public hearing on November 15, 2006, to consider the applications for the Project and environmental review, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. Section 4. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 06-_, recommending that the City Council approve a Planned Development Overlay to amend the land use designation from Medium Density Residential (M) to Planned Development Overlay (PDO-11) and adopt Sections 17.22.220 through 17.22.228, including the PDO-11 text and development standards for property located at 29601 Mira Loma Drive, generally located at the northeast corner of Mira Loma Drive and Rancho Vista Road. Section 5. On ,2006, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. Section 6. At the conclusion of the City Council hearing and after due consideration of the testimony, the City Council approved PA05-0234 subject to and based upon the findings set forth hereunder. . Section 7. All legal preconditions to the adoption of this Ordinance have occurred. Section 7. All legal preconditions to the adoption of this Ordinance have occurred. Section 8. The City Council, in approving the Planned Development Overlay proposed.in Planning Application PA05-0234, hereby makes the following findings: A. The proposed Planned Development Overlay is consistent with the land use designation of the General Plan of the City of Temecula in which the use is located, as shown on the Land Use Map. The site is physically suitable for the type of uses proposed for the project site, and the proposed Planned Development Overlay would further the City's long-term economic development goals. B. The proposed Planned Development Overlay conforms to the General Plan and the use is in conformance with the goals, policies, programs, and guidelines of the elements of the General Plan. The proposed Planned Development Overlay allows for a use that will provide the diversity of uses desired in the General Plan and will create a balanced community with additional housing opportunities available to the community. Section 9. Environmental Comoliance. Adopt a Mitigated Negative Declaration and Mitigation Monitoring Plan based on the Initial Study for Planning Application Nos. PA05-0109 and PA05-0234, which was prepared pursuant to CEQA Guidelines Section 15072. Section 10. The City of Temecula City Council hereby approves the Planned Development Overlay proposed in Planning Application PA05-0234 to amend the Zoning Map (Exhibit A) of the City of Temecula from Medium Density Residential (M) to Planned Development Overlay (PDO-11) and to adopt sections 17.22.220 through 17.22.228 including the PDO-11 text and development' standards (Exhibit B) for property located at 29601 Mira Loma Drive, generally located at the northeast corner of Mira Loma Drive and Rancho Vista Road, in the form attached to this Ordinance as Exhibit B. Section 11. . Severabilitv. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 12. Notice of Adootion. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 13. .Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance aM cause copies of this Ordinance to be posted in three designated posting places. Section 14. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council members voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of ,2006. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 06- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of ,2006, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at ameeting thereof held on the day of ,2006, by the following vote: AYES: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSENT: ABSTAIN: Susan W. Jones, MMC City Clerk EXHIBIT A ZONING MAP G:\Planning\200S\PAOS-{)234 Mira Loma PDO - Planned Dev OverlayIPlanninglDraft PC PDO RESOLUTION.doc 7 Zoning - EXHIBIT B MIRA LOMA PDO-11 G:\Planning\200S\PAOS-{)234 Mira Lorna PDO - Planned Dev Overlay\PIanninglDraft PC PDO RESOLUTION.doc B MIRA LOMA PLANNED DEVELOPMENT OVERLAY DISTRICT 17.22.220 TITLE Section 17.22.220 through 17.22.228 shall be known as "PDO-ll" (Mira Lorna Planned Development Overlay District). (Ord ) 17.22.22 PURPOSE AND INTENT The Mira Lorna Planned Development Overlay District (PDO-ll) is intended to meet the medium density residential criteria contained in the Land Use Element of the General Plan. These requirements are intended to provide regulations for detached single-family residential development within the City. 17.22.224 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN GUIDELINES A. The permitted uses for the Mira Lorna Planned Development Overlay District is contained in section 17.22.226 B Except as modified by the provisions of section 17.22.228 the following rules and regulations shall apply to all planning applications in this area. 1. The Citywide Design Guidelines that are in effect at the time an application is deemed complete. 2. The approval requirements contained in the Development Code that are in effect at the time the application is deemed complete. 3. Any other relevant rule, regulation or standard that is in effect at the time an application is deemed complete. 17?? ??() USE REGULATIONS The Mira Lorna Planned Development Overlay district (PDO-ll), located along Mira Lorna Drive and Rancho Vista Road, is intended to provide for the development of 62 single-family detached homes on condominium lots on 7.4 acres with a density of 8.4 du/ac. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common open space, private recreation, and develop a common community theme. The project will provide housing opportunities consistent with the City's General Plan policies in response to local market demands and will provide for a visually pleasing environment through adoption of supplemental performance standards that have been provided to ensure compatibility with the adjacent neighborhoods. 17.22;228 SUPPLEMENTAL DESIGN AND SETBACK STANDARDS A. Single Family Residential The residential component shall comply with the development standards set forth in the Table 17.22.228.A The maximum residential density shall be 10 units per gross acre. Table 17.22228.A Residential Development Standards Mira Loma Planned Development Overlay District IResidential Development Standards !LOT AREA IMinimum net lot area (square feet) IMaximum number of dwelling units per gross acre iLOT DIMENSIONS !Minimum average width IMinimum lot depth IBUlLDING SETBACKS iMinimum front yard' !Minimum comer side yard' !Minimum interior side y.ard !Minimum rear yard2 !Minimum building separation laTHER REQUIREMENTS iMaximum height !Open space required iPrivate open space/per unit iNotes: 11. Measured from back of curb. PDO-ll 2,400 sq.ft. 10 40ft. 60ft. I I I I I 5 ft. 10ft. 5 ft. 10 ft. 10ft. 25 ft. 20% 200sq.ft. , i2. Measured from rear of building to rear of private open space easement. Page 2 of5 B. Architecture The architecture for the project site shall comply with the requirements contained in Section 17.06.070.C of the City's Municipal Code. The architectural styles for the project shall be an eclectic mix of Monterey, Craftsman and Spanish Colonial. The Monterey style is a revival of the Anglo-influenced Spanish Colonial houses of northern California. It is a fusion of Spanish Eclectic and Colonial Revival details. Some identifying features are low pitched roofs with second story balconies that are usually cantilevered and covered by a principle roof. The Spanish Colonial revival style is a collection of Spanish-influenced sub-styles. Designers were inspired by a number of sources such as the adobe and colonial buildings of early California and even Moorish, medieval Spanish and Italian architecture. Some identifying features are the use of arches, courtyards and large, distinctive, sometimes arched feature windows on the front fac;ade. The Craftsman style began in the early 1900's in response to the Prairie style being developed in the Midwest coast. Sometimes referred to as California Bungalow, Greene and Greene popularized the approach by introducing elements such as predominantly gable roofs, timber detailing, increased roof overhangs, and porches (where possible). Materials such as stone, siding and stucco are used to create an eclectic appearance. The design of the structures shall include provisions to comply with the following: 1. Streetscape: The residential streetscape shall be designed in a manner so to create a visually interesting street frontage. A variety of building designs and model types shall be used to avoid a monotonous appearance along the streetscape. Placement of the different models should be varied from contiguous lots and lots directly across from each other. Following are policies to help achieve an attractive and interesting streetscape: a. Minimize the extent to which a garage protrudes from other , portions of the hous~ by placing a second story over the garage. b. Vary garage door treatments with different design details or by using a combination of single- and two-door garages. c. Use substantially different fac;ade designs throughout the development which will include a variety of complementary but Page 3 of 5 contrasting colors, varied entry treatments, varied building heights, and variety of design details and building forms. 2. Visual Appearance: Houses shall be designed with relief in building facades. Extensive flat and unbroken wall planes shall be avoided. Following are policies to help achieve variations in wall planes and to provide an attractive elevation: a. A variety of building cDlors and materials shall be provided to provide contrast. b. The use of materials that have a texture or depth. c. Windows and door opening shall be provided in the appropriate areas to divide facades into separate visual elements. d. The use of architectural features such as porches, sloping portions of the roof, and stepping back the upper levels shall be used to provide offsets of the building planes. 3. Mass and Scale: Box like design shall be avoided by using variations in the building footprint. The use of a variety of shapes and forms including architectural projections, such as roof overhangs or s~c.t't'c.d facades which provide contrast with vertical walls, and chimneys shall be used were feasible to avoid box-like design. Excessive mass and bulk of the roof area shall be broken up into smaller areas that reduce the apparent scale of the house and provide visual interest. lhis shall be accomplished by varying the height portions of the roof, varying the orientation of the roof, and by using gables, or hip roofs. C. Landscaping Landscaping of the project shall conform with the Section 17.06.060 of the City's Municipal Code. Landscape plans shall be required as part of the Development Plan for the project and shall include the following: 1. The landscape design of the project consists of combination of ornamental plant materials and use of drought-tolerant plant materials whenever possible. 2. Streetscape landscape for the major streets, Mira Lorna Drive and Rancho Vista Road shall be planted with minimum 24''box specimen size street trees spaced at 20'-0" o.c. spacing (maximum) with combination of IS gallon, 5 gallon and I gallon shrubs and ground cover. Introduction of IS gallon hedge shrubs spaced to adequately provide fence type scre~ning along the public right-of-way line. Flowering ground cover to be provided to fill any voids in the streetscape landscape. Page 4 of5 3. Project entry at "D" Street shall include project entry wall to match architectural style of the project as well as 48" box specimen trees, minimum size evergreen flowering variety and combination of 15 gallon, 5 gallon, and I gallon shrubs in a interesting design pattern to provide visual interest at the entry. 4. Common Area slope shall be provided with landscape with an appropriate trees, shrubs, and ground cov,er to provide erosion control purpose to meet the requirements of City's Municipal Code. All slope banks greater than or equal to 3:1 shall, at a minimum, be irrigated and landscaped with appropriate plant materials for erosion control and to soften their appearance. as follows: I. One fifteen gallon or larger tree per each six hundred square feet of slope area; 2. One gallon or larger shrub for each one hundred square feet of slope area; 3. Appropriate ground cover, minimum spacing of 12" on center from flat size container. 4. Slope banks in excess of eight feet in vertical height with slopes greater or equal to 2: I shall also prove one five-gallon or larger tree per each one thousand square feet of slope area in addition to the requirements of subsection of this section. 5. Common front yard landscape shall be developed to provide community landscape theme and landscape character for the project. All common front yards will have automatic irrigation system maintained by the Homeowners Association. Appropriate ornamental and drought tolerant plant materials shall be used as follows: a) One - 24"box specimen street tree per unit and additional two trees at street corners. b) Two - fifteen gallon background trees unit and additional two trees at street corners. c) Five gallon shrubs for building foundation planting and along the fence Line. d) One gallon shrubs as needed for accent color and mass planting. e) Sodded turf and ground covers as needed. 6. Recreational Center shall be active use facility to provide family oriented center including the development of children tot lot with special play equipment structure. Recreational pool with generous pool activity areas for social functions. Lush landscape for this facility will have ample specimen size trees and shrubs for summer shading and visual interest. All Common Landscape areas shall be landscaped per the above standards and Maintained by the Homeowners Association for the proposed project. Page 5 of5 ~.. ~ ATTACHMENT NO.5 INITIAL STUDY G:IPlanning\200SIPA05"()234 Mirn LolI\ll PDQ - Plaoned Dev OverlayIPlanningIPC-STAFF REPORT.doc 12 - City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 I Project Tille I Lead Agency Name and Address I Contact Person ana Phone Number Project Location Project Sponsor's Name and Address I General Plan Designation I Zoning Description of Project Surrounding Land Uses and Setting I Other public agencies whose approval is reQuired Environmental Checklist I Mira Lorna PDO - PA05-0109 (Tentative Tract Map) and PA05-0234 (Planned Development Overlay) I City ofTemecula . P.O. Box 9033. Temecula, CA <92589-9033 I Stuart Fisk, Senior Planner (951) 694-6400 I Northeast corner of Rancho Vista Road and Mira Loma Drive Reza Shera Pacific Group P.O. Box 9890 Rancho Santa Fe. CA 92067 I Medium Densi!VResidential (M~ I Medium Density Residential (fv1) I A Tentative Tract Map for condominium purposes to subdivide 7.24 acres into three lots (one residential condominium lot for 62 residential units, one recreation lot, and one open space lot), and a Planned Development Overlay:to change the zoning of the site from medium density residential to PDO-11 to allow for new development standards for the site that will be specific to single family homes on condominium lots. North: Multi-Family ResidentiaVEdison Sub-Station East: Single-Family ResidentialNail Elementary School South: Single-Family Residential West: Multi-FamilY Residential None G:\Planning\2005\PA05-{)234 Mira Lorna PDO - Planned Oev OverlaylPlanningUNITfAl STUOY.doc 1 Environmental Factors Potentially Affected The envirDnmental factors checked below would be potentially affected .by this project, involving at least one impact that is a 'Potentially Significant Impact" as indicated by the checklist on the following pages. I Aesthetics I Agriculture Resources X Air Quality I BiolDgical Resources I Cultural Resources X I Geology and Soils I Hazards and Hazardous Materials Hydrology and Water Quality I Land Use and Planning I Mineral Resources Noise I Populationiand Housing I Public SerVices I Recreation; I Transport~ionlTraffic I Utilities an~ Service Systems I MandatoryiFindings of Significance I None Determination (To be completed by the lead agency) On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this Case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an I ENVIRONMENTAL IMPACT REPORT is reauired. I find that the proposed project MAY have a "potentially significant impacr or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required. but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. nothing further is required. . J v~J _~I'1I1// ~~r '8fgnature . ::?hlht:; Date' Stuart Fisk. Senior Planner Printed Name City of T emecula For G:\Planning\2OO5\PAO!Xl234 Mira Lorna PDO - Planned De. O.ertay\Planning~NITIAL STUDY.doc 2 1. AESTHETICS. Would the project: d. Iss~eS.~'SUDDprtihnlilfurrtiation:~&tirCes-. Have a substantial adverse effect on a scenic vista? I Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic hiqhway? I. Substantially degrad. e the existing visual character or qualiW of the site and its surroundings? Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Pote~. 'tia!IY SiQ~;1 "cant , . ,1m act.- , POU!'n~1.aUy $lgniff~~nt-UnlesS 'Mitlga.tion' looomorated .~aasJl1an . Significiml, Imllact' No Imo.act X I a. b. X c. X X Comments: 1. a.-c: No Impact: The proposed project is not located on or near a seenic vista; therefore, there will not be an adverse impact on a scenic vista. The project site is not located on a scenic highway. The project site consists of undeveloped land covered with vegetation in the south and a small school (The Carden Academy) in the north. Existing vegetation includes wild grass, mature trees, *nd shrubbery. Topographically, the prop.erty is sloped downward to the northeast with steep banks along the southern and western boundaries. The elevation of the property is generally lower than surrounding Rancho Vista Road and Mira Loma Drive. Therefore, the proposed project would not substantially damage scenic resources, including trees, rock outcroppings or historic buildings. Due to the fact that the project site contains no scenic vistas or resources, the project would not substantially degrade the existing visual char.acter or quality of the site and its surroundings. No impact is anticipated as a result of the proposed project. 1. d.: Less than Significant Impact: The majority of the proposed project site is currently vacant with no sources of light or glare. The propDsed project will introduce new generators of light and glare typically associated with residential development. The City.of Temecula requires all new development to comply with the Mount Palomar Lighting Ordinance (Ordinance 655). Ordinance 655 requires lighting to be shielded, directed down to avoid glare onto adjacent properties, and emit low levels of glare into the sky. Lighting issues are addressed during the City's plan review and inspectiDn process, and impacts resulting from the project are anticipated to be less than significant. G:\Planning\2005\PA05-{)234 Mira Loma PDQ - Planned Dev Overtay\Planning~NITIAL STUDY.doc 3 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to, the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the Oalifornia Dept. of Conservation as an optional model to use in assessing Impacts on agriculture and farmland. Would the project: a. )~'ISiiu-es'arid:SUobottinD~nfflrfliati~rrSoufues" : '. Convert Prime Farmiand, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Conflict with existing zoning for agricultural use, or a Williamson Act contract? Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland. to non-aQricultural use? :.:;- :-;:' ,: " .,.;;;', - . ~ : '~otOm~" . '. SI iil .'iil' , . Q<~ ,:.,~lmD ' '.: Pot~nti~!lY '-Sigrij1Jl4mt9~~ ..,Mi!l1IaUPo. . . ,Inooroorate'd" . . Le~.~.~h SignlUcant 'tm6a.ci':'~: No. ;.-Imoaer x I b. x c. x Comments: 2. a.-c.: No Impact: The project site is not currently in agricultural proPuction and in the recent and historic past the site has not been used for agricultural purposes. The site is not Onder a Williamson Act contract nor is it zoned for agricultural uses. This property is not considered prime or unique farmland of statewide or local importance as identified by the State Department of Conservation and the City of Temecula General Plan. In addition, the project will not involve changes in the existing environmenUhat would result in the conversion of farmland to non-agricultural uses. No impacts are anticipated as a result of the proposed project. G:\Planning\200S\PAOS-{)234 Mira Lorna PDO - Planned Oev Overlay\Plannlng~NITIAL STUDY.doc 4 I d. Ie. 3. AIR QUALITY. Where available, the significance criteria established by the applicallle air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a. Issues and SUDoortinp Information Sources Conflict with or obstruct implementation of the applicable air guality plan? Violate any air quality standard or contribute substantially to an existing or j)rojected air 5luality violation? Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed Quantitative thresholds for ozone precursors)? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number I . of people? Potentially Significant , Imoact Potentiany Significant Unless Mitigation lncoroorated No Impact Less Than Significant Impact b. x X c. X X X Comments: 3. a. and b.: No Impact: The project will not conflict with applicable air quality plans nor violate air quality or pollution standards. The project proposes to subdivide 7.24 acres into three lots (one residential condominium lot, one recreation lot, and one open space lot), and proposes a Planned Development Overlay to change the zoning of the site from medium density residential to PDO-11 to allow for new development standards for the site that will be specific to single family homes on condominium lots. The project is anticipated to be within the threshold for potentially significant air quality impacts established by the South Coast Air Quality Management District as depicted in SCAQMD's CEQA Air Quality Handbook. No significant impacts are anticipated as a result of this project. 3. c. Less Than Significant Impact: The proposed project will not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard. An URBEMIS emissions modeling report was completed for this project, which indicates that emissions are within their requisite threshold values and long term emissions are less than significant. However, the proposed project will emit typical emissions and dust associated with residential construction. The applicant is required to comply with the mitigation measures outlined above. No significant impact is anticipated as a result of the proposed project. 3. d. and e.: Potentially Significant Unless Mitigation Incorporated: An URBEMIS emissions modeling report was completed for the project, which identified that construction activities would result in the generation of air pollutants. Emissions would primarily be exhaust emissions from powered construction equipment and dust generated from earthmoving, excavation, and other construction activities. Sensitive receptors that could be exposed to substantial pollutant concentrations are located in the vicinity of the project site. However, mitigation measures to reduce diesel exhaust and dust can be incorporated to mitigate this potential exposure. With mitigation, impacts are anticipated to less than significant. The following mitigation measures are required to reduce emissions: a. Use cooled exhaust gas recirculation for diesel powered trucks and equipment using either on- road or off -road diesel-fuel. b. Water exposed surfaces three times daily during grading/soil disturbance operations. G:\Planning\200S\PAOS-{)234 Mira Loma PDO - Planned Dev OverlaylPlanning~NITIAL STUDY.doc S 4. BIOLOGICAL RESOURCES. Would the project? a. b. c. d. e. f. Comments: :''- 'lsSiJes:,8ndSool:!ortll\O;lnforinatkmsOurces Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in . local or regional plans, policies, or regulations, or by the California Department of Fish and Game Or U.S. Rsh and Wildlife Service? Have a sUbstantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption. or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nurserv sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation clan? . , .POI~tjaiIY. $19,: '_~~- 1m d, --Potentially , Signifieiitrt Unls,Ss ""Mitig;itIO~- Incoroorated No Impact .Less Than siglilflp3J\t Imnact" x x x x x x 4. a.-f.: No Impact: The project site does not contain any wetlands, riparian forests; vernal pools, or wildlife nursery sites. There are some grasses and trees on the project site, however, they are not considered sensitive habitat, nor is the site a part of a wildlife corridor. The site is located within the Stephen's Kangaroo Rat Habitat Fee Area. Habitat Conservation fees will be required as a condition of approval to offset the effect of cumulative impacts to the species from urbanization occurring throughout western Riverside County. The project is not within a criteria cell of the Multi-Species Habitat Conservation Plan (MSHCP). However, the MSHCP did require the preparation of a Burrowing Owl study for the project site. Dudek and Associates, Inc., conducted a habitat assessment for Burrowing Owls and determined that burrowing owls were. absent from the study area. The applicant will be required to pay MSHCP mitigation fees. No impacts are anticipated as a result of the proposed project. G:\Plannlng\2005\PA05-{)234 Mira Lorna PDQ - Planned Dev Ove~ay\Planning~NITIAL STUDY.doc 6 5. CULTURAL RESOURCES. Would the project: I a. lb. I c_ I d. . , ;' ,. : ~ ". 'L .... . . c. ',. ;.-.-......,...-- .. _.-:. .'...:....:.-.-.,-.:...;.." 'fs'suesa~.SuD~d: IntOimatLOnSOutCes;,,:/ Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Disturb any human remains, including those interred outside of fDrmal cemeteries? pote4tially ,Slgrilffc:.~nt Imaai:t Pj)tentia.UY Signip~,.ll.lnleSs Mitigation " IncorPortited No linpact Less Than c:Si{lnifi~a,ilt . lrhoQct. x I Xl X I X I Comments: 5. a.-d.: No Impact: At the recommendation of the Eastern Information Center at the University of California, Riverside, a Cultural Resource Survey Report was prepared for the project site by Eilar Associates. This report indicates that their investigation revealed no prehistoric or historic resources of any kind, and a records search failed to indicate the presence of any recorded prehistoric or historic resources within the boundaries of the study area. Therefore. the report did not find that additional work in conjunction with cultural resources, including monitoring of any future grading activities, was warranted or recommended. G:\Plannlng\2005IPA05-{)234 Mira Lorna PDO - Planned Dev Ove~ay\Planning~NITIAL STUDY.doc 7 6. GEOLOGY AND SOILS. Would the project: .;lssties;andSunDort!M~nf6rfuatio~'_sources a. . Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: I. The rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) I ii. I Strong seismic ground shaking? I iii. I Seismip-related ground failure, including liquefaction? I iv. I Landslides? I b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would becom.e unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading. subsidence, liquefaction or collapse? d. Be located on. expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: ':, F~;~riji~lIy Si9fU(t6ant .Im.act Potelitiarry Significant Unless' ~itigatiOn Incotooraled No ImDact Less Than Signifiq~rit "ImPact x x x X X x x x 6: a.i. No Impact: The City of Temecula General Plan and Final Environmental Impact Report did not identify any faults through the project site. Therefore, no impacts are anticipated as a result of this project. 6. a.ii Potentially Significant Impact Unless Mitigation incorporated: There may be a potentially significant impact from seismic ground shaking, ground failure, soil erosion or expansive soils. Although, there are no known fault hazard zones on the property, the project is located in Southern California, an area that is seismically active. Any potential significant impacts will be mitigated through building construction, which will be consistent with the Uniform Building Code standards. Further, the project will be conditioned to provide soil reports prior to grading and if conditions warrant mitigation, recommendations contained in this report will be followed during construction. The soil reports will also contain recommendations for the compaction of the soil, which will serve to mitigate any potentially significant impacts from seismic ground shaking, seismic ground failure, liquefaction, subsidence and expansive soils. After mitigation measures are performed, less than significant impacts are anticipated as a result of this project. 6.a.iii. Less than Significant Impact: A Preliminary Geotechnical Investigation prepared for the site by Inland Foundation Engineering, Inc., concludes that the site does not appear to be subject to a significant liquefaction hazard. G:\Planning\2005\PAOS-{)234 Mira Lorna PD~ - Planned Dev OverlayIPlanningllNITIAL SlUDY.doc B 6. a.iv. Less than Significant Impact: A Preliminary Geotechnical Investigation prepared for the site by Inland Foundation Engineering, Inc., analyzed slope stability based on Safety Factor ratings and the analysis indicates satisfactory Factors of Safety for gross static stability and concludes that the Factor of Safety from the analysis of the project sit "should be suitable". Therefore, less than significant impacts are anticipated as a result of the project. 6. b.: Less than Significant Impact: The project will not result in substantial soil erosion or the loss of topsoil. The project site will be developed in accordance with City standards, including National Pollution Discharge Elimination System (NPDES) standards, which require the implementation of erosion control and best management practices (BMP's). The Final Environmental Impact Report for the City of Temecula General Plan has not identified any known landslides or mudslides located on the site or proximate to the site. Therefore, no significant impacts are anticipated as a result of this project. 6. c. No Impact: The project is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. A geotechnical report has been prepared for the proposed project and has not identified any geologic unit or unstable soils that would become unstable. The project is required to comply with the recommendations in the report. No impacts are anticipated as a result of this project. 6. d. Less than Significant Impact: The project is not located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994), creating substantial risks to life or property. According to the Geotechnical Report completed by Inland Foundation Engineering, Inc., soils are typically in a medium dense to dense condition and should be suitable for providing foundation support with minor recompaction. The project is also required to comply with the Geotechnical Report prepared for the project. Less than significant impacts are anticipated as a result of this project. 6. e. No Impact: The project will not utilize septic tanks, but will instead be connected to the public sewer system. Therefore, no impacts are anticipated as a result of this project. G:\Planning\2005\PA05-{)234 Mira Lorna PDO - Planned Dev Overlay\Planning~NmAL STUDY.doc 9 - J 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a. b. c. d. e. f. g. h. Comments: JSsoea~nd-:supiJO~trll1-triforfu'lltitin--SoiJrCes Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one- Quarter mile of an existinQ or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the proiect area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where . residences are intermixed with wildlands? eO~8~i~IIY slgiii~6a:nt . Im.mi;l. ,Potentially 'I ,-SiQ. m.:'..fi!?l..,:.~.t.)jO.le$$ 1. <~'-MftI~ti6h ,', hlcorpO;tated:, , No Impact Less::rhail SignifiCant IITlpact x x x x x x x x 7. a. Less Than Significant Impact: The proposed project will not involve the routine transportation, use, or disposal of hazardous materials. Therefore, no significant impacts are anticipated as a result of this project. 7. b. Less Than Significant Impact: The project proposes to subdivide the property and to construct single- family homes. It is not anticipated that this project would create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Therefore, less than significant impacts are anticipated as a result of this project. 7. c. Less ThanS/gnlficant Impact: A school is located near the southeast corner of the project site. The proposed map and single-family homes do not include any activities or uses that would pose a potential health hazard to the local population or the nearby school. No significant impacts are anticipated as a result of the project. G:\Planning\2OO5\PAOS-{)234 Mira Lorna PDO - Planned Dev Overtay\Planning~NIT1AL STUDY.doc 10 7. d. No Impact: Based upon the available data and the historical land use, there is no evidence to support that hazardous wastes would be present on the site. No impacts are anticipated. 7. e-f. No Impact: The project site is not located within an airport land use plan or within two miles of a public or private airstrip according to Figure LU-2 in the Land Use Element of the General Plan. Therefore, no impact upon airport uses will result from this proposal. 7. g. No Impact: The project will take access from maintained public streets and will not impede emergency response or evacuation plans. Furthermore, the proposed project is not located in or a portion of an emergency response or evacuation plan. Therefore, the project would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated as a result of the proposed project. 7. h. No Impact: The proposed project is not located in or near a wildland area that would be subject to fire hazards. The location of the proposed project would not expose people or structures to a significant risk or loss, injury or death involving wildland fires. No impact is anticipated as a result of this project. G:\Planning\2005\PAOS-{)234 Mira Loma PDQ - Planned Dev Overtay\Planning~NITIAL STUDY.doc 11 8. HYDROLOGY AND WATER QUALITY. Would the project: a. b. c. d. e. If. g. I h. i. Ii. tssues'and,St.i~rtinq' ;..;....~..~........SOlirces. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade water quality? Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted}? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? I Require the preparation of a Water Quality Management Plan? Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? I Place Within a 100-year flood hazard area structures which would impede or redirect flood flows? Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? I Inundation by seiche, tsunami, or mudflow? \;"PO!eO!ti'UY "Sigrllt' 01 , Imol!'. Po~~ntially Slgflif,~rtlUntess Mitigali()n InCOrDarated Noltnpact l:.eSS,Thall Signi~~ tmDact x x x x x x x x x x Comments: 8. a.: No Impact: The project will not violate any water quality standards or waste discharge requirements. Development Will be required to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. By complying with the NPDES requirements, any potential impacts can be mitigated to a level less than significant. No impacts are anticipated as a result of this project. 8. b.: Less than Significant Impact: The proposed project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The project is not anticipated to have a significant G:\Planning\2005\PA05-{)234 Mira Lorna PDO - Planned Dev Overtay\Planning~NITIAL STUDY.doc 12 affect on the quantity and quality of ground waters, either through direct additions or withdrawals. The propDsed project is required to comply with local development standards, including lot coverage and landscaping requirements, which will allow percolation and ground water recharge. Less than significant impacts are anticipated as a result of the proposed project. 8. c.: Less than Significant Impact: The proposed project would not substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site. The proposed project will include an on-site drainage plan; however it will not alter off-site drainage patterns or alter the course of a stream or river, and will not result in substantial erosion or siltation on-or off-site. The project is also required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge System (NPEDS) standards, which addresses drainage, siltation and erosion. A less than significant impact is anticipated as a result of the proposed project. 8. d.: Less than Significant Impact: The proposed project would not substantiplly alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site because the project will not alter the course of a stream or river. The City of Temecula Public Works Department reviews all drainage plans and determines adequate drainage facilities are in place capable of on-site drainage and that off-site drainage facilities can accommodate additional flow. A less than significant impact is anticipated as a result of the proposed project 8. e.: Less than Significant Impact: The proposed project would not create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. The project is required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge Elimination System standards, which address drainage and polluted runoff. A less than significant impact is anticipated as a result of the proposed project. 8. f.: No Impact: The project will not violate any water quality standards or waste discharge requirements established by the State of California. However, the project is required to prepare a Water Quality Management Plan (WQMP) pursuant to the Municipal Separate Storm-Sewer permit (MS4 permit) issued by the San Diego Regional Water Quality Control Board. The WQMP must be accepted prior to issuance of a grading permit for the project site. The water quality control measures to be identified in the WQMP will either be incorporated into the design of the project or be added to the project with specific conditions of approval and will be expected to eliminate potential adverse impacts to receiving waters. 8. g.: No Impact: The proposed project is not located within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map_ No impact is anticipated as a result of the proposed project 8. h.: No Impact: The proposed project is not located within a 100-year flood hazard area and therefore will not place improvements that could impede or redirect flood flows within a 100-year flood hazard area. No impacts are anticipated as a result of the proposed project. 8. i.: No Impact: The proposed project is not located in a dam inundation area or a 100-year floodplain. Therefore, no impact is anticipated as a result of the proposed project. 8. j.: No Impact: The proposed project is not located near a coast line which would be subject to inundation by seiche, tsunami, or mudflow. No impact is anticipated as a result of the proposed project. G:\Planning\200S\PAOS-{)234 Mira Loma PDO - Planned Dev OverlaylPlanning~NlTIAL STUDY.doc 13 9. LAND USE AND PLANNING. Would the project: I a. b. 'Issues~and Siipoortitltf lfl16titSiltion-soi:.irces Physically divide an established community? Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Conflict with any applicable habitat conservation plan or natural community conservation plan? P;9te~tiaUY si{;{J'lJ~c;ant. hl1P"actc: : Potentially SJGriifiC4r:lt;Unless' . "Mitii#ition IncoIPbi'ated; . LeSs Than . , SigOniqant -linoact:. .- Np (mofict X X Ie. I X Comments: 9. a. and C.: No Impact: The proposed project would not divide an established community or conflict with the applicable land use plan. The project would contribute to providing the City with diverse residential ownership opportunities. The project is consistent with the applicable Multi Species Habitat Conservation Plan. 9. b.: Less than Significant Impact: The project is consistent with the General Plan and proposes to rezone the property to Planned Development Overlay 11 (PDO-11) to allow for new development standards for the site that will be specific to single family homes on condominium lots. Impacts from the project and proposed rezone are anticipated to be less than significant. G:\Planning\2005\PA05-{)234 Mira Loma PDO - Planned Dav Overlay\Planning~NITIAL STUDY.doc 14 10. MINERAL RESOURCES. Would the proj~ct: a. . . . ' . . . : '.lssues>iifirj' SuPDOrting tnfb;.n.#ati6'rH~O'urCes . . Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local . general plan. specific plan or other land use plan? P6tEtdtiaUY SigrJiGcanl' ImOllet' Potentially SignificahtUllleSs ~~gi1tiOri ' .Iricorporated LEIss Than ;$j9hiflc~nt ,'ImPact No Imoact x b. x Comments: 10. a.-b.: No Impact: The project will not result in the loss of availability of a known mineral resource nor in the loss of an available, locally important mineral resource recovery site. the State Geologist has classified the City of Temecula a classification of MRZ-3a, containing areas of sedimentary deposits, which have the potential tor supplying sand and gravel for concrete and crushed stone for aggregate. However, these areas are determined as not containing deposits of significant economic value:based upon available data in reports prepared in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975. Furthermore, the project site is not identified as an important site known to maintain such resources as shown in the Final EIR for the City of Temecula General Plan. Therefore, no impacts are anticipated as a result of this project. G:\Plannlng\2OO5\PA05-{)234 Mira Loma PDO - Planned Dev OVertay\Plannin~NmAL STUDY.doc . 15 11. NOISE. Would the project result in: a. b. c. d. e. 1. Comments: ,1ssuesaoo'SuDDortinfHnfoimatiOil'Sources _. Exposure of persons to or generation of noise levels in excess Df standards established in the local general plan or noise ordinance, .or applicable standards of other agencies? Exposure of persons to or generation of excessive groundbome vibration or proundborne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a private airstrip, would the project expose people residing or working in the proiect area to excessive noise levels? PO~teJi!i'UY 5ig,f C:f,ln~ . .,r . act Potentially . Sign.if.lc;at1t Uf\less . ~itigation. h1coi'OOrated. NQ Imoact I,e..~ Significant; Jirioact x x x x x x 11. a.-d.: Less than Significant Impact: Development of the land will result in increases to noise levels during construction phases as well as increases to noise in the area over the long-term. No activities are anticipated within the proposed project that would expose persons to or generation of excessive groundborne vibration or groundborne noise levels. The project will create some noise levels over that currently emanating from the project site. However, those noises are not anticipated to create a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. The project may result in temporary or periodic increases in ambient noise levels during construction. Construction machinery is capable of producing noise in the range of 100+ DBA at 100 feet, which is considered annoying. However, noise from .construction of the project will comply with City ordinances regulating the hours of activity to Monday through Friday from 6:30 a.m. to 6:30 p.m. and Saturday from 7:00 a.m. to 6:30 p.m. No significant impacts are anticipated. . 11. e.-1.: No Impact: This project is not within two miles of a public airport or private airstrip. Therefore, the project will not expose people to excessive noise levels generated by an airport and no impacts will result from this project. G:\Planning\2005\PAOS-{)234 Mira Lorna PDQ. Planned Oev Ove~ay\P'anning\lNIT'AL STUDY.doc 16 12. POPULATION AND HOUSING. Would the project: a. 1Siiu8s.-and'SuoObrtinti',lrikinilatlonSoO'roes Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Displace substantial numbers of people, necessitating the I construction of replacement housing elsewhere? Po,.JUaJIY $jgnilfcant Irtiilact . Patenti_ally Si9.ni'ic;<i'fll')..lnleSS . Mliigailon IncOrOOr8ted (:.e,$S Than Significant Imoact No .Imoact x b. x c. x Comments: 12. a.-c.: No Impact: The project will not induce substantial growth in the area either directly or indirectly. The project site is a single-family residential project. The project site consists of undeveloped land covered with vegetation in the south and a small school (The Carden Academy) in the, north. Therefore, the project will not displace substantial numbers of people or existing housing. The project will neither displace housing nor people, necessitating the construction of replacement housing. No imp$.cts are anticipated as a result of this project. G:\Plannlng\2005\PAOS-0234 Mira Lorna PDO . Planned Dev Overlay\Planning~NITIAL STUDY.doc 17 - ---' I 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could. cause significant environmental impacts, In order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: . I a. I b, Ie. I d. Ie. Is~ues'an(1"SuboOitina..lnfofm~tiOri.Sources . Fire protection? Police protection? Schools? Parks? Other public facilities? . .. pot~.....lli]I..UY. Signl cant 'Itn-act PQ.~~a~y :Signffleant Unle:ss Mlti~ati~~ Inoorobr'ated Less Than Sigmflcant . rmD~Ct X X X X X No Imoact Comments: 13. a.-e.: Less Than Significant Impact: The project will have a less th!in significant impact upon, or result in a need for new or altered fire, police, recreation or other public facnities. The project will incrementally increase the need for some public services. However, the project is co~sistent with the General Plan and the increase is expected to be a very small increment that can be address~ through the City's 'budget process. As a result, the project will have a less than significant impact upon the need for new or altered public facilities. The Rancho Califomia Water District has been made aware of this project. Sewer and water is currently provided for the surrounding residential development, so extending service to this site is possible, which would result in less than significant impacts as a result of the project. No significant impacts are anticipated as a result of this project G:\Planning\2005\PA05-{)234 Mira Lorna PDQ - Planned Dev Overlay\Plannln~NITIAL STUDY.doc lB 14. RECREATION. Would the proiect: a. . . . Isslies-and:stlgOo~91;n1onnatioh::Sourees ' Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? . Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? , pote~tlally ;SigmJfcant 'tmdad f'oferiti.ally , SignifidantUnless -':ti4lti9'~liQrr . Iricbi'nOrated less Than SiQhitioant ImMct No Imoact x b. x Comments: 14. a.: Less than Significant Impact: The project proposes single-family homes on residentially zoned property. The project will not displace recreationally zoned lands or remove vacant lands that are used for recreational purposes. The project will include open space and recreational facilities for its residents and is not anticipated to significantly increase the use of neighborhood or regional parks or other recreational facilities to a point that would cause significant physical deterioration of these facilities. Less than significant impacts are anticipated as a result of this project. 14. b.: Less than Significant Impact: The proposed project does include an open space and recreational facilities for its residents and is not anticipated to require construction or expansion of additional public recreational facilities. Less than significant impacts are anticipated as a result of the proposed project. G:\Planning\2005\PAOS-{)234 Mira LomaPDO - Planned Dev Overlay\Plannlng~NITIAl STUDY.doc 19 ~ 15. TRANSPOFlTATlON/TRAFFIC. Would the project: a. b. c. d. e. f. g. lssU&S'and,SuDlX?rtinq,'lhformatid'n'_SoorCes Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (I.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads. or congestion at intersections)? Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for desipnated roads or highways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipmentl? Result in inadequate emergency access? Result in inadequate parking capacity? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: . "'ffQ~~!"~IIY. Slgnl ",nl ..Jiri- at I -Po.enliaJly I siQnifi,*nt.., '~.' nleS$ " lVIiticial!on ' . , lilcoroorated No ImDa.;t Less Than SlgniflC~nt Imoael x x x x x X X 15. a.-b: Less than Significant Impact: The proposed project is located at the northeast corner of Rancho Vista Road and Mira Loma Drive. There will be an increase in vehicle trips on adjacent streets once the proposed project is developed. The City's Traffic Engineer has indicated that the project would have a less than significant impact to the existing road system IJecause the existing roadways have been developed consistent with the City's General Plan in anticipation of the area's proposed residential development. Due to the projecfs consistency with the General Plan, no further traffic studies were required for this project. Less than significant impacts are anticipated as a result of this project. 15. c.: /,!o Impact: The proposed project will not have an impact on the air traffic patterns and will not result in a substantial safety risk. This site is not within the French Valley Airport influence area. No impacts are anticipated as a result of the proposed project. 15. d-f.: No Impact: The proposed project will not result in hazards to safety from design features. The project is designed to current City standards and does not propose any hazards. The proposed project provides for adequate ingress and egress from the site. The Fire and Police Departments have reviewed the proposed project and have determined that adequate emergency access has been provided. In addition, on-site circulation has been reviewed using the emergency vehicle turning radius templates and it has been determined that on-site circulation is adequate for emergency vehicles. The proposed project will .meet residential parking requirements per Chapter 17.24 of the Temecula Development Code. No impact is anticipated as a result of the proposed project. 15. g.: No Impact: The proposed project is consistent with adopted policies, plans, or programs supporting alternative transportation as identified in the adopted General Plan. Therefore, no impacts will result from this project. G:\Planning\2005\PA05-{)234 Mira Loma PDQ - Planned Dev Ove~ay\Planning~NIT1AL STUDY.doc 20 16. UTILITIES AND SERVICE SYSTEMS. Would the project: I a. b. c. d. e. I f. I g. IssuesatlttS~ooortirld;lilrofri1atiO'R'sdiimes . Exceed wastewater treatment requirements of the applicable RegiDnal Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? I Be served by a landfill with sufficient permitted capacity to I accommodate the project's solid waste disposal needs? I Comply with federal, state, and local statutes and I regulations related to solid waste? 1'Q'~~\ially Slgnmoant I",dact R<ite.I1t1~IIY Signiflr;~tUri'e~, NSiUtJatibri.;, ' IncoU>Oi"ab3d No Imoact . Less:rtlan SJWlitlcaht Imoact x x x x x x X Comments: 16. a.,b, e.: Less than Significant Impact: The project will not exceed wastewater treatment requirements, require the construction of new treatment facilities, nor affect the capacity of treatment providers. The project will have an incremental effect upon existing systems. Since the project is consistent with the City's General Plan, less than significant impacts are anticipated as a result of this project. 16. c.: Less than Significant Impact: The project will require or result in the construction of new storm water drainage facilities on site that will connect to the existing system currently in place along Mira Loma Drive and to an existing fl~ control channel located east of and adjacent to the project site. The design of the existing system is sufficient to handle the runoff from this project and will not require the expansion of existing facilities, the construction of which could cause significant environmental effects. Less than significant impacts are anticipated as a result of this project. 16. d.: Less than Significant Impact: The project will not significantly impact existing water supplies nor require expanded water entitlements. While the project will have an incremental impact upon existing systems, the Final Environmental Impact Report (FEIR) for the City's General Plan states: "RCWD anticipates supplying water to 167,640 persons within its service area in 2020 (p. 5.14-3).' The FEIR further states: "EMWD anticipates supplying water to 756,699 persons within its service area in 2020, (p. 5.14-3).' This anticipated water supply includes a portion of Temecula. Since the project is consistent with the City's General Plan, less than significant impacts are anticipated as a result of this project. 16. f. g.: Less than Significant Impact: The project will not result in a need for new landfill capacity. Any potential impacts from solid waste created by this development can be mitigated through participation in Source Reduction and Recycling Programs, which are implemented by the City. Less than significant impacts are anticipated as a result of this project. G:\Planningl2005\PA05-{)234 Mira Loma POD - Planned Dev Ove~ay\Planning~NITIAL STUDY.doc 21 - .,.'~ ~~ 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: a. b. c. , _ 'U. ;,..;,. . JS$tieaaridSuPPOdiniijnI6nrl8tiOit~reeli;; . Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop belDw self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current eroiects, and the effects of probable future proiects)? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: .F:>>Ouirttia,IIV :Sign~ , ImD~ct ' ,potentially SlgO!ij~t Unl~~ Mj~~ation . IriOOtDOra'led' No Imoact les:s:'Thao Siglli~9ant linoact', x x x 17. a.: Less than Significant Impact: This site is surrounded by development and does not contain any viable. habitat for fish or wildlife species. This is an in-fill development and it dQes not have the potential to: degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate impDrtant examples of the major periods of California history or prehistory. Less than significant impacts are anticipated as a result of this project. 17. b.: Less than Significant Impact: The effects from this project are less than significant with Mitigation Measures incorporated into the project. All cumulative effects for the subject site, as well as the surrounding developments, were analyzed in the General Plan Environmental Impact Report. With the mitigation measures in place, the project will be consistent with the General Plan and Development Code. The cumulative impacts related to the future development of this site are anticipated to have a less than significant impact. 17. c.: Less than Significant Impact: The project will not have environmental effects that would cause substantial adverse effects on human beings, directly or indirectly. The residential project will be designed and developed consistent with the Development Code and the General Plan. No significant impacts are anticipated as a result of this project. G:\Planning\2005\PAOS-{)234 Mira Lorna PDQ - Planned De. OvarlayIPlanningllNIT1AL STUDY.doc 22 18. EARLIER ANALYSES. Earlier analyses may be used where, putsuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the fOllowing on attached sheets. a. Earlier analyses used. Identify earlier anal',lses and state where they are available for review. b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analvsis. c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and . the extent to which they address site-specific conditions for the proiect. 18. a. The City's General Plan and Final Environment Impact Report were used as a referenced source in preparing this Initial Study. These documents are available for review at the City of Temecula Planning Departmentlocated at 43200 Business Park Drive. 18. b. There were earlier impacts, which affected this project, however it was difficult to assess whether they were adequately addressed as mitigation measures. 18. c. The mitigation measures are addressed in the Mitigation Monitoring Program, which IS attached. SOURCES 1. City of Temecula General Plan. 2. City of Temecula General Plan Rnal Environmental Impact Report. . 3. South Coast Air Quality Management District CEQA Air Quality Handbook. 4. Burrowing Owl Habitat Assessment, Dudek & Associates,. Inc., March, 2005 4. Preliminary Geotechnical Report Investigation, Inland Foundation Engineering, Inc., April 2005. 5. URBEMIS Construction and Operational Emission Estimates, Hunsaker & Associates, August 2006. 6. Cultural Resource Survey Report, Eilar Associates, February 2006. 7. Phase I Environmental Site Assessment, Proterra Consulting, Inc., December 2004 G:\Planning\2005\PAOS-{)234 Mira Lorna PDQ - Planned Dev Ove~ay\Plannlng~NITIAL STUDY.doc 23 -~"..--.- -- - ATTACHMENT NO.6 MITIGATION MONITORING PLAN G:IPlanningl2OO5\PA05-0234 Mira Lorna POO - Planned Dev OverlaylPlanninglPC-STAFF REPORT.doc 13 Mitigation Monitoring Program Planning Application Nos. PA05-0109 (Tentative Tract Map) and PA05-0234 (Planned Development Overlay) AIR QUALITY General Impact: Expose sensitive receptors to substantial pollutant concentrations and create objectionable odors affecting a substantial number of people. Mitigation Measure: a. Use cooled exhaust gas recirculation for diesel powered trucks and equipment using either on-road or off-road diesel fuel. Water exposed surfaces three times daily during grading/soil disturbance operations. b. Specific Process: Place the above conditions of approval on this project to reduce construction equipment emissiona and to reduce fugitive dust generated by grading/soil disturbance operations. Mitigation Milestone: During grading and construction. Responsible Monitoring Party: Planning Department and Public Works Department GEOLOGY AND SOILS General Impact: Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking. Mitigation Measure: Construction shall be consistent with Uniform Building Code standards. Place the above condition of approval on this project to require consistency with Uniform Building Code st~ndards. Specific Process: Mitigation Milestone: Prior to issuance of a building permit. Responsible Monitoring Party; Building and Safety Department G:\Plannlng\2005\PA05-0234 Mira Loma PDO - Planned Dev Ove~ay\Planning~NITIAL STUDY.doc 24 ATTACHMENT NO.7 COMMUNITY CORRESPONDENCE G:IPlanning\2005\PA05-0234 Mira Lorna PDQ - Planned Oev OverlaylPlanningIPC-ST AFF REPORT.doc 14 J W' lf~) '-',-(F[,:;-rc: n n" 'r r'1 j V G; Lt.) L'> [! ~j LS,' Ii I, ! ,', 1i!1 G~j SEP 2 2 2006 LUJ' LEE REALCORP. 3700 Wilshire Blvd. Suite#990 Los Angeles, CA 90010 (213) 387-6922 tel (213) 387-9279 fax 8)' September 19, 2006 Mr. Stuart Fisk Senior Planner City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, Ca 92589 Re: Mira Loma PDO-PA 05-0109 APN# 944-060-006 Dear Mr. Fisk: We'd like to make an appeal to oppose this project for the following reasons: 1. Limiting the accessibilities to the next property, APN# 944-060-007, due to the existing easements to be abandoned. 2. The responsibility for the maintenance and care of the existing drainage should be determined prior to the approval of this Mira Lorna Plan. 3. Once fully developed, who is responsible for the clean up of the trashes caused by the occupants of this new development. 4. The newly planned 4 lots at the entrance of A Street; should be altered so that any maintenance or repair truck can easily get in and out for the purpose of the maintenance and trash pick-up from the next property. 5. An easement should be given to the immediately neighboring 1'."1'''.'; owner for an easy access to hislher property. Should you have any question, please give us a call tel#213-387-6922. Thank you. o~rys:- -~ ~ Zee President