HomeMy WebLinkAbout111506 PC Agenda
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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"
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omas E. Veri L.. 5348
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NO. LS 6348
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EXHIBIT B
VICINITY MAP
R:\pappeIPublic Wor1<s CIPlLD06-Q29MPlPC Memo,doc
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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'
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39.00'
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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ATTACHMENT NO.1
VICINITY MAP
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ATTACHMENT NO.2
PLAN REDUCTIONS
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ATTACHMENT NO.3
PC RESOLUTION NO. 06-_
G:lPlanning\200S\PAOS-Q402 Downs Energy - DPlPlannlnglPC Hearing ItemslStaff Report PAOS-0402.doc
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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
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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
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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
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EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
.
G:\Planning\2005\P A05-0402 Downs Energy - DP\Planning\PC Hearing Items\Draft Reso PAOS-0402.doc
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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
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.
GENERAL REQUIREMENTS
G:lPlanningl2005\PA05-Q402 Oowns Energy - DPlPlanninglPC Hearing lIemsIDrall COAs.doc
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-
Planning Department
2. The applicant shall sign both copies of the final conditions of approval that will be provided
by the Planning Department staff, and return one signed set to the Planning Department for
their files.
3. The 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.
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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.
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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.
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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).
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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.
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_d
PRIOR TO ISSUANCE OF GRADING PERMITS
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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.
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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.
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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.
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PRIOR TO ISSUANCE OF BUILDING PERMIT
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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.
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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.
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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
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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.
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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.
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
- THIS PERMIT
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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
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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
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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.
.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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.
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.
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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
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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
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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
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ATTACHMENT 3
SITE PLAN
G:\Plannlng\2005\PAOS-{)402 Downs Energy - DP\Planning\cEOA~nitiaIStudy - Downs Energy.doc
30
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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
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A
L I 465
426 PCOR .NCaR, SMF ,NCHG
1
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I Title of Documen(
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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
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(DATE)
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before me Jenr.;{C/ &,f-er
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: ~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 -
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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
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AITORNEY-IN-FACT
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GUARDIAN/CONSERV A TOR
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DATE OF DOCUMENT
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SIGNER IS REPRESENTING:
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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
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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
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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
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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
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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
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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
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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
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.
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
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EXHIBIT A
CITY COUNCIL RESOLUTION 06-_
TENTATIVE TRACT MAP
G:IPlanning\2005\PA05-{)109 Map No. 335B4-TTM - Mira LomalPlanninglDraftTPM Resolution.DOC
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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)).
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GENERAL REQUIREMENTS
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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).
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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.
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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).
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PRIOR TO ISSUANCE OF GRADING PERMITS
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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.
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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.
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PRIOR TO FINAL MAP APPROVAL
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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
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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
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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
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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.
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.
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.
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PRIOR TO ISSUANCE OF BUILDING PERMITS
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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.
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PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY
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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
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"
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
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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
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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
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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
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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
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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
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~
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.
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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
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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